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Home My WebLink AboutBy-law 3116/89 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 3116/89 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the Town of Picketing District Planning Area, Region of Durham in Block #6, Plan #0M-1307~ in the Town of Picketing. (A 17/88) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the deYelopment of multiple dwelling units to occur on the subject lands being Block t~6, Plan 40M-1507, in the Town of Picketing; 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: SCHEDULES I AND II Schedules I and Il 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 shall apply to those lands in Block #6, Plan #OM-If07, in the Town of Picketing, designated "MD-H" on Schedule I attached hereto. 3. GENERAL PROVISIONS 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. #. DEFINITIONS In this By-law, (1) (a) "Dwelling" 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) "Dwellin~ 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) "Multiple Dwelling-Horizontal" shall mean a building containing three or more dwelling units attached horizontally, not vertically~ by an above grade wall or walls; (2) (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; (3) (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 Coverage" shall mean the percentage of lot area covered by all buildings on the lot; (4) "Private Garage" 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; (5) "Yard" shall mean an area of land which 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 ("MD-H" Zone) (i) No person shall within the lands designated "MD-H" on Schedule 1 attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: A multiple dwelling - horizontal (ii) Despite the provisions of paragraph (i)~ while the "H" holding symbol is in place, no person shall within tile lands designated "MD-H" on Schedule 1 attached hereto, use any lot or erect~ alter or use any buildings or structure for any purpose except the following: A recreational uses in accordance with Section 15 of By-law 3036, as amended. (b) Zone Requirements ("MD-H" Zone) No person shall within the lands designated "MD-H" on Schedule I attached hereto use any lot or erect~ alter or use any building except in accordance with the following provisions: (i) BUILDING SETBACKS (minimum): as illustrated on Schedule II (ii) BUILDING HEIGHT (maximum): 12.0 metres (iii) DWELLING UNIT REQUIREMENTS: A minimum dwelling unit area 100 square metres B no more than 20 dwelling units shal~ be permitted within the area designated "MD-H" on Schedule I (iv) PARKING REQUIREMENTS: A "Parking Space" shall mean a usable anti 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 For each dwelling unit, there shall be provided and maintained on the lot: (1) one private garage attached to the dwelling unit; and (ii) one parking space located between the vehicular entrance of the garage and the nearest traffic aisle; and (iii) a minimum 0.3 visitor parking spaces; (xi) SPECIAL REGULATIONS: A the horizontal distance between multiple dwellings-horizontal shall be a minimum of 1.8 metres B one refuse storage building, ancillary to a multiple dwelling-horizontal use, may be provided and maintained within the lands designated "MD-H" on Schedule I attached hereto (2) (a) Uses Permitted ("H" Zone) Prior to an amendment to remove the "(H)" holding symbol preceeding the use designation "MD-H" the following conditions shall be met: -3 - (i) 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 with municipal sanitary sewers and water supply shall be entered into, or such services shall be provided; (ii) an agreement between the Town and the owner of the land to which the '(H)" holding symbol applies to provide tot the development thereof for the purposes of and in accordance with the provisions of Section 5.(1) shall be entered into. 6. 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 if 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. 7. ENFORCEMENT (1) Any person who contravenes any ot the provisions of this By-law is guilty of an otfence and on conviction is liable, (a) on a tirst conviction to a line of not more than $20,000; and (b) on a subsequent conviction to a tine of not more than $10,000 tot each day or part thereof upon which the contravention has continued after the day on which he was first convicted. (2) Where a corporation is convicted under subsection (1), the maximum penalty that may be imposed is, (a) on a first conviction a tine ot not more than $50,000; and (b) on a subsequent conviction a tine ot not more than $25,000 tot 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 (1), in addition to any other remedy or penalty by [aw, 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. EFFECTIVE DATE This By-law shall take effect from the day ot passing hereof subject to the approval ot the Ontario Municipal Board, it required. READ A FIRST AND SECOND TIME THIS 1st DAY OF MAY ~ 1989. READ A THIRD TIME AND PASSED THIS 1st DAY OF MAY , 1989. MAYOR/' ' WAYNE E. ARTHURS TOWN OF ~-~"' ~ PICKERING ./.-~ . APPROVED --'' ??' BRUCE J. TAYLOR LEGAL DEI~. SENATOR STREET / SCHEDULE I TO BY-LAW 3116/89 PASSED THIS ~st DAY OF MAY 1989 MA~{~{W~,ne E. Ar~h6rs) CLERK (Bruc~J. Taylor} SENATOR STREET / 'aMINIMUM BUILDING SETBACKS - SEE SECTION 5(I)(b)(i) SCHEDULE II TO BY-LAW 3116/89 PASSED THIS DAY OF MAY 1989 MAVOR/(Wayne E. Arth~u~r:~ 'CLERK (Brae .JfTaylor) SUBJECT PROPERTY DRIVE AVENUE