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HomeMy WebLinkAboutBy-law 2911/88-. u� � c� T,���```�f a�������� � � D JUL2'71990R a9os6s TOWN �F K�1�1<E�ING Ontario Municipal Board ���;,<Fr�r,c,oNTnH�o Commission des affaires municipales de I'Ontario IN THE MATTER OF Section 34 of the Planning Act, 1983 AND IN THE MATTER OF an appeal by The Regional Municipality of Durham against Zoning By-law 2911-88 of the Corporation of the Town of Pickering B E F O R E: A. J. L. CHAPMAN Vice-Chairman ) ) ) THE APPEAL having been withdrawn; Monday, the 23rd day of July, 1990 THE BOAI2D ORDERS the appeal against Zoning By-law 2911/88 is hereby dismissed. Y r' `� ": .r! '��,�, , � , � q. ✓� � �A` � � ��. ����,�� �� � �r v � a,;,�,.r � ENTERfD 0.8. No..ie.�.`!. :�:....... �_ Folio NO....3 D ............. JUL 2 5 1990 C�ml�v�. SECflETAflY, ONL MUNICIPAI BOAflD THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 2911/88 Being a By-taw to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham in Part of Lot 29, Concession 1, in the Town of Pickering. (A 18/88) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the development of multiple dwelling units and a day nursery to occur on the subject lands being Part of Lot 29, Concession 1, in the Town of Pickering; AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULE I AND II Schedules I and II attached hereto with notations and references shown thereon are hereby declared to be part of this By-law. 2. AREA RESTRICTED The provisions of this By-law sha71 apply to those lands in Part of Lot 29, Concession 1, in the Town of Pickering, designated "RMI-3/DN(3)" on Schedule I attached hereto. 3. GENERAL PROVISIONS m � No building, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. In this By-law, (1) "Activity Room Area" shall mean the floor area within a day nursery that is used by children for their day-to-day activities but shall exclude all floor area allocated to corridors, storage areas, washroom and kitchen facilities and offices; (2) "Day Nursery" shall mean lands and premises duly licenced pursuant to the provisions of the Day Nurseries Act, or any successor thereto, and for the use as a facility for the daytime care of children; (3) (a) "DwellinQ" shall mean a building or part of a building containing one or more dwelling units, but does not include a mobile home or trailer; (b) "DwellinR Unit" shall mean one or more habitable rooms occupied or capable of being occupied as a single, independent and separate housekeeping unit containing a separate kitchen and sanitary facilities; (c) "Multipte Dwelling-Horizontal" shall mean a building containing three or more dwelling units attached horizontally, not vertically, by an above grade wall or walls; (d) "Multiple Dwelling-Vertical" shall mean a building containing three or more dwelling units attached horizontally and vertically by above grade wall or walls, or an above grade floor or floors, or both; (4) (a) "Floor Area-Residential" shall mean the area of the floor surface contained within the outside walls of a storey or part of a storey; (b) "Gross Floor Area"-Residential" shall mean the aggregate of the floor areas of all storeys of a building or structure, or part thereof as the case may be, other than a private garage, an attic or a cellar; � a�3 � 13, /99D -2 - (5) (a) "Lot" shall mean an area of land fronting on a street which is used or intended to be used as the site of a building, or a group of buildings, as the case may be, together with any accessory buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision; (b) "Lot CoveraQe" shall mean the percentage of lot area covered by all buildings on the (ot; (c) "Lot FrontaRe" shall mean the width of a lot between the side lot lines measured along a line parallel to and 7.5 metres distant from the front lot line; (6) "Private Gara�e" shall mean an enclosed or partially enclosed structure for the storage of one or more vehicles, in which structure no business or service is conducted for profit or otherwise; (7) "Senior Citizen Apartment Dweliing" shall mean a dwelling containing three or more dwelling units attached horizontally or vertically for occupation by elderly persons only; (8) "Yard" shall mean an area of land whirh is appurtenant to and located on the same lot as a building or structure and is open, uncovered and unoccupied above ground except for such accessory buildings, structures, or other uses as are specifically permitted thereon; 5. PROVISIONS (1) (a) Uses Permitted ("RMI-3/DN(3)" Zone) A No person shall within the lands designated "RMI-3/DN(3)" on Schedule I attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (i) day nurseries (ii) multiple dwellings - horizontal (iii) multiple dwellings - vertical B Despite the provisions of paragraph A, while the "(H)" holding symbot is in place, no person shall within the lands designated "(N)RMl-3/DN(3)" on Schedule 1 attached hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: (i) residential, agricultural, recreational or other uses in accordance with Section 7 of By-law 3036 as amended (b) Zone Requirements ("RMI-3/DN(3)" Zone) No person shall within the lands designated "RMI-3/DN(3)" on Schedule I attached hereto use any lot or erect, alter or use any building except in accordance with the following provisions: (i) YARD SETBACKS (minimum): (ii) BUILDING HEIGHT (maximum): A 4 (iii) A B on the lands designated "MD-H" on Schedule II attached hereto on the lands designated "MD-V" on Schedule lI attached hereto DWELLING UNIT REQUIREMENTS: as illustrated on Schedule I[ attached hereto 2 storeys 3 storeys No more than 141 dwelling units shall be permitted within the area designated "RMI-3/DN(3) on Schedule I attached hereto; Multiple dwellings-horizontal shail only be permitted on those lands designated "MD-H" on Schedule 11 attached hereto; -3 - C Any multiple dwelling-horizontal shall have a minimum dwelling unit floor area of 84.0 square metres; D Multiple dwellings-vertical shall only be permitted on those lands designated "MD-V" on Schedule [I attached hereto; E Any multiple dwelling-vertical shall have a minimum dwelling unit floor area of 56.0 square metres; F A minimum of 30 multiple dwellings-vertical shali be provided and maintained for use as senior citizen apartment dwellings. (iv) LOT COVERAGE (maximum): 40 percent (v) PARKING REQUIREMENTS: A"Parking Space" shall mean a usable and accessible area of not less than 2.6 metres in width and not less than 5.3 metres in length for the temporary parking of vehicles, but shall not include any portion of a parking aisle or driveway; B The minimum perpendicular width of an aisle for two-way traffic, used to gain access to a parking space shall be 5.5 metres; C For each dwelling unit within a multiple dwelling-horizontal there shall be provided and maintained on the lot: (I) a minimum 1.2 parking spaces which shall include one parking space located between the front wall of the dwelling unit and the nearest two-way traffic aisle; (II) a minimum of 0.3 visitor parking spaces; D For each dwelling unit within a multiple dwelling-vertical ihere shall be provided and maintained on the lot: (I) a minimum of 0.5 parking spaces; (II) a minimum of 0.15 visitor parking spaces E For any day nursery use, there shail be provided and maintained on the lot a minimum of 5.0 parking spaces for each 100.0 square metres of activity room floor area associated with the day nursery; F Sections 5.21.2 and 6.5(c) of By-law 3036, as amended, shall not apply to the lands designatd "RMI-3/DN(3) on Schedule [ attached hereto; (vi) SPECIAL REGULATIONS: A The horizontal distance between multiple dwellings-horizontal shall be a minimum of 1.8 metres; B Any day nursery use shall be located on the lands designated "MD-V" on Schedule II attached hereto; C The number of children attending at any one time, all day n�rseries on the land designated "MD-V" on Schedule II attached hereto, shall not exceed 40; D One refuse storage building, ancillary to the permitted residential uses, shall be provided and maintained within the lands designated "RMI-3/DN(3) on Schedule I attached hereto. (2) Holdin� Provision ("H" Symbol) (a) Prior to an amendment to remove the "(H)" holding symbol preceeding the use designation "RMl-3/DN(3)" the following conditions shall be met: �i) an agreement between the Town and the owner of the land to which the "(H)" holding symboi applies to provide for the development thereof for the purposes of and in accordance with the provisions of Section 5.(1) shall be entered into and registered on title; 6. 7 8. -4 - (ii) an agreement between the Regional Municipality of Durham and the owner of the land to which the "(H)" holding symbol applies to provide for the servicing thereof shall be entered into and registered on title, or such services shall be provided. BY-LAW 3036 By-law 3036, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 3036, as amended. ENFORCEMENT (1) (2) Any person who contravenes any of the provisions of this By-law is guilty of an offence and on conviction is liable, (a) on a first conviction to a fine of not more than $20,000; and (b) on a subsequent conviction to a fine of not more than $10,000 for each day or part thereof upon which the contravention has continued after the day on which he was first convicted. Where a corporation is convicted under subsection (l), the maximum penalty that may be imposed is, (a) on a first conviction a fine of not more than $50,000; and (b) on a subsequent conviction a fine of not more than $25,000 for each day or part thereof upon which the contravention has been continued after the day on which the corporation was first convicted; and not as provided in subsection (l). (3) Where a conviction is entered under subsection (l), in addition to any other remedy or penalty by law, the court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted. EFFECTIYE DATE This By-law shall take effect from the day of passing hereof subject to the approval of the Ontario Municipal Board, if required. I 7� I: ��Z: �� i f'3.' ➢ r: � L I.Y :[K� L L iy Y L� i L: � r: f i.'' READ A THIRD TIME AND PASSED THIS - . . �, 1 , y� llth DAY OF /O�C DAY OF October � G!� .�N/le�r.p MAY WAYNE E. ARTHURS � (�LERK BRUCE7.TAYLOR , 1988. , 1989. FINCH AVENUE SCHEDULE I TO BY LAW � 9�� �� PASSED THIS �0 � DAY OF -� 1989 Gc�_a-5,.� �i�.� ��c�.. MAYQ (Wayne E. Arthurs) "�i'l �� CLERK ( ruce J Taylo 0 a 0 � � w � x 3 FINCH AVENUE 'YARD SETBACK REOUIREMENTS - SEE SECTION 6(1)(b)(iI SCHEDULE II TO BY LAW PASSED THIS ��� DAY OF �� 1989 � MAYO Wayne E. A rthurs) � `/i•� CLERK (B ce J Taylor) �19// �'�' N � � w � x 3