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HomeMy WebLinkAboutBy-law 2454/87THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 2454/87 Being a By-law 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 Raft of Lots 19 and 20, in the Town of Pickering. (A 2/87) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the development of multiple dwelling units to occur on the subject lands being Part of Lots 19 and 20, Concession l, 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: 1. SCHEDULES "I" and "II" Schedules references By-law. "I" and "II" attached hereto with notations and shown thereon are hereby declared to be part of this 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lots 19 and 20, Concession 1 in the Town of Picketing, designated "OS-HL" and "RL£" on Schedules "I" and "Il" attached hereto. 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. 4. 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; (2) (4) (5) (c) "Multiple Dwelling-Horizontal" shall moan a building containing threo or moro 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 an above grade wall or walls, or an above grade floor or floors, or both; (a) "Floor Area-Residontial" shall floor surface contained within storoy or part of a storoy; mean the area of the the outside walls of a (b) "Gross Floor Area-Residential" shall mean the aggregate of the floor areas of all storeys of a building or structure, or a part thereof as the case may be, other than a private garage, an attic or a cellar; (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 structues, 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; (c) "Lot Frontage" 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; "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; "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 amd unoccupied above ground except for such accessory buildings, structures, or other uses as are specifically permitted thereon; 5. PROVISIONS (1) (a) Uses Permitted ("OS-HL" Zone) No person shall within the lands designated "OS-HL" on Schedule "I" attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (i) the preservation and conservation of the natural environment soil and wildlife; (ii) parking area (b) Zone Requirements ("OS-HL" Zone) No buildings or structures shall be permitted to be erected, nor any existing buildings or structures be modified or changed, nor shall the placing or removal of fill be permitted, except where buildings or structures are used only for purposes of flood and erosion control. (c) Special Restrictions ("OS-HL" Zone) (i) Any parking area shall be set back a minimum distance of 3 metres from all lot lines. (2) (a) Uses Permitted ("RL2" Zone) (i) No person shall within the lands designated "RL2" on Schedule "I" attached hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: A multiple dwelling - horizontal 8 multiple dwelling - vertical (ii) Despite the provisions of paragraph (i), while the "(H)" holding symbol is in place, no person shall within the lands designated "(H)RL2" on Schedule "I" 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 ~036 as amended. (b) Zone Requirements ("RL2" Zone) No person shall within the lands designated "RL2" 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): as illustrated on Schedule "II" attached hereto (ii) BUILDING HEIGHT (maximum): 12.0 metres (iii) DWELLING UNIT REQUIREMENTS: A minimum dwelling unit area 84 square metres B no less than 30 and no more than 75 dwelling units shall be permitted within the area designated "OS-HL" and "RL2" on Schedule "I" attached hereto (iv) LOT COVERAGE (maximum): 40 percent (v) PARKING REQUIREMENTS: A For the purpose of this clause, "parking space" shall mean a useable and accessible area of not less than 15.95 square metres for the temporary parking of vehicles, but shall not include any portion of a parking aisle or driveway; a "tandem parking space" shall mean a parking space that does not have direct access to a parking aisle or driveway but that abuts end to end with a parking space having direct access to a parking aisle or driveway; 4 B Sections 5.21.2 and 6.5c) of By-law 3036, as amended, shall not apply to lands designated "RL2" on Schedule "I" attached hereto; C For each dwelling unit having its own private garage on the lot, there shall be provided and maintained on the lot a minimum 0.3 visitor parking spaces; D For each dwelling unit not having its own private garage on the lot, there shall be provided and maintained on the lot: (I) where the dwelling unit is within a multiple dwelling-horizontal, 1.5 parking spaces if the dwelling unit contains less than three bedrooms, 1.7 parking spaces if the dwelling unit contains three bedrooms, and 1.9 parking spaces if the dwelling unit contains more than three bedrooms; (II) where the dwelling unit is within a multiple dwelling-vertical, 1.4 parking spaces if the dwelling unit contains less than two bedrooms, 1.5 parking spaces if the dwelling unit contains two bedrooms, and 1.6 parking spaces if the dwelling unit contains more than two bedrooms. (vi) SPECIAL REGULATIONS: A The horizontal distance between multiple dwellings shall be not less than 1.8 metres (3) Holdin~ Provision ("(H)" Symbol) (a) Prior to an amendment to remove the "(H)" holding symbol preceeding the use designation "RL2" the following conditions shall be met; (i) an agreement between the Town and the owner of the land to which the "(H)" holding symbol applies to provide for the development thereof for the purposes of and in accordance with the provisions of Section 5.(2) shall be entered into; (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 with municipal sanitary sewers and water supply shall be entered into, or such services shall be provided. 6. BY-LAW ~0~6 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. 5 7. ENFORCENENT (1) 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. (2) Where a corporation is convicted under subsection (1), 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 $25,000 for each day or part thereof upon which the contravention has been continued after the day on which the corporation was first convicted; and not as provided in subsection (1). (3) Where a conviction is entered under subsection (1), in addition to any other remedy or penalty by law, the court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted. 8. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof subject to the approval of the Ontario Nunicipal Board, if required. READ A FIRST AND SECOND TIME THIS 27th DAY OF April , 1987. READ A THIRD TIHE AND PASSED THIS 19th DAY OF May , 1987. BRUCE J. ]'AYLOR -TOWN OF pICKERING~ APPROVED L'~E G A L DE~T. FINCH AVENUE 4B.7m 49.5m 57.9m E ~ (H)RL2 r47.1 m OS-HL 5[.2m *as establised by O~t. Reg. 293/86 pursuant to Conservation Authorities Act, R.S.O. 1980 SCHEDULE "I" TO BY-LAW 2454/87 PASSED THIS 19th DAY OF May 1987 FINCH AVENUE 5m FIB MINIMUM YARD SETBACK Y~os estobllsed by C~t. Reg. 293/86 pursuant to Conser~]tion Author[ties Act, R.S.O. i980 SCHEDULE "Tr"TO BY- LAW ,,, 2454/87 PASSED THIS 19th DAY OF- May 1987 ~,~'0'~( JOHN E.$,ND~'F~S6N) / CL~RK ( BRUCE' J.~Y~R ) / THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 2454/87 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 Part of Lots 19 and 20, in the Town of Pickeriag. (A 2/87) WHEREAS the Council of the Corporation of the Town of Picketing deems it desirable to permit the development of multiple dwelling units to occur on the subject lands being Part of Lots 19 and 20, Concession l, 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: 1. SCHEDULES "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 shall apply to those lands in Part of Lots 19 and 20, Concession i in the Town of Pickering, designated "OS-HL" and "RL2" on Schedules "I" and "II" attached hereto. 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. 4. 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) "quelling 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; 2 (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~ (d) "Multiple Dwelling-Vertical" shall mean a building containing three or more dwelling units attached horizontally and vertically by an above grade wall or walls, or an above grade floor or floors, or both; (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; (a) (b) "Gross Floor Area-Residential" shall mean the aggregate of the floor areas of all storeys of a building or structure, or a part thereof as the case may be, other than a private garage, an attic or a cellar; (a) "Lot" shall mean an area of land fronting on a street ~ 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 structues, 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; "Lot, Froqtage" shall mean the width of a lot between f'he side lot lines measured along a line parallel to and 7.5 metres distant from the front lot line; "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; "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 ("OS-HL" Zone) No person shall within the lands designated "OS-HL" on Schedule "I" attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (i) the preservation and conservation of the natural environment soil and wildlife; (ii) parking area (b) Zone Requirements ("OS-HL" Zone) No building~ or structures shall be permitted to be erected, nor any existing buildings or structures be modified or changed, nor shall the placing or removal of fill be permitted, except where buildings or structures are used only for purposes of flood and erosion control. (c) Special Restrictions ("OS-HL" Zone) (i) Any parking area shall be set back a minimum distance of 3 metres from all lot lines. (2) (a) Uses Permitted ("RL2" Zone) (i) No person shall within the lands designated "RL2" on Schedule "I" attached hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: A multiple dwelling - horizontal B multiple dwelling - vertical (ii) Despite the provisions of paragraph (i), while the "(H)" holding symbol is in place, no person shall within the lands designated "(H)RL2" on Schedule "I" 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 ("RL2" Zone) No person shall within the lands designated "RL2" 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): as illustrated on Schedule "II" attached hereto (ii) BUILDING HEIGHT (maximum): 12.0 metres (iii) DWELLING UNIT REQUIREMENTS: A minimum dwelling unit area 84 square metres B no less than 30 and no more than 75 dwelling units shall be permitted within the area designated "OS-HL" and "RL2" on Schedule "I" attached hereto (iv) LOT COVERAGE (maximum): 40 percent (v) PARKING REQUIREMENTS: A For the purpose of this clause, "parking space" shall mean a useable and accessible area of not less than 15.95 square metres for the temporary parking of vehicles, but shall not include any portion of a parking aisle or driveway; a "tandem parking space" shall mean a parking space that does not have direct access to a parking aisle or driveway but that aOuts end to end with a parking space having direct access to a parking aisle or driveway; Sections 5.21.2 and 6.5c) of By-law 3036, as amended, shall not apply to lands designated "RL2" on Schedule "I" attached hereto; For each dwelling unit having its own private garage on the lot, there shall be provided and maintained on the lot a minimum 0.3 visitor parking spaces; For each dwelling unit not having its own private garage on the lot, there shall be provided and maintained on the lot: (I) where the dwelling unit is within a multiple dwelling-horizontal, 1.5 parking spaces if the dwelling unit contains less than three bedrooms, 1.? parking spaces if the dwelling unit contains three bedrooms, and 1.9 parking spaces if the dwelling unit contains more than three bedrooms; (II) where the dwelling unit is within a multiple dwelling-vertical, 1.4 parking spaces if the dwelling unit contains less than two bedrooms, 1.5 parking spaces if the dwelling unit contains two bedrooms, and 1.6 parking spaces if the dwelling unit contains more than two bedrooms. (vi) SPECIAL REGULATIONS: A The horizontal distance between multiple dwellings shall be not less than 1.8 metres (3) Holding Provision ("(H)" Symbol) (a) Prior to an amendment to remove the "(H)" holding symbol preceeding the use designation "RL2" the following conditions shall be met; (i) an agreement between the Town and the owner of the land to which the "(H)" holding symbol applies to provide for the development thereof for the purposes of and in accordance with the provisions of Section 5.(2) shall be entered into; (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 with municipal sanitary sewers and water supply shall be entered into, or such services shall be provided. 6. BY-LAW 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 8y-law 3036, as amended. 7. ENFORCEMENT (1) 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. (2) Where a corporation is convicted under subsection (1), 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 (1). (3) Where a conviction is entered under subsection (1), 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. 8. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof subject to the approval of the Ontario Municipal Board, if required. READ A FIRST AND SECOND TIME THIS 27th DAY OF April , 1987. READ A THIRD TIME AND PASSED THIS 19th DAY OF May L/ERK / / BRUCE J. TAYLOR , 1987. ToWN OF ~ICKER!NG APPROVED FINCH AVENUE 46.7m 57,9m E : (H)RL2 *as estoblised by Opt. Reg. 293/86 pursuant to Conser~ti~ Auth~ities Act, R.S.O. 1980 OS-HL 5L2m SCHEDULE "I" TO BY- LAW 2454/87 PASSED THIS. 19th DAY OF ~ay 1987 i ~dAYOR ( JOHI~ ~'. ANDERSON)'~ / CI~ERK ( BRUu~E.A'TAYLOR ) FINCH AVENUE MINIMUM YARD SETBACK =~as establlsed by O~t. Reg. 293/86 pursuant to C~sew~t~ Authc~ities Ac1, R.S.O. i~80 SCHEDULE "Tr"TO BY- LAW , 19th PASSED THIS DAY OF .... Mai, 1987 2454/87 / CLERK ( BRUCE, !./~AYLOR ) Town of Pickering PLANNING DEPARTMENT Proporty oe~c~.tio. PT. LOTS 19 ~ 20 , CON. I Ow.er C. de Graauw Date dAN. 16/87 Application No. A~>/87 Sca~e I = 7500