HomeMy WebLinkAboutBy-law 7138/11
The Corporation of the City of Pickering
By-law No. 7138/11
Being a By-law to amend Restricted Area (Zoning) By-law 3036,
as amended by By-law 2498/87, By-law 2923/88 and By-law
6128/03, to implement the Official Plan of the City of Pickering in
the Region of Durham, Range 3 B.F.C. Part Lot 25, 26 Now RP
40R-1090 Part 14, 15; 17 and Part Road Allowance between
Range 3 B.F.C. & Concession 1 Now RP 40R-11222 Part 3, 4
and Concession 1 Part Lot 25, 26, City of Pickering. (A 10/10)
Whereas the Council of The Corporation of the City of Pickering deems it desirable to
amend the existing zoning of the subject lands to amend `a "SC-26" zone in order to
permit a place of religious assembly, a day nursery, and a commercial school within the
existing buildings on the subject lands being Range 3 B.F.C. Part Lot 25, 26 Now RP
40R-1090 Part 14; 15, 17 and Part Road Allowance between Range 3 B.F.C. &
Concession 1 Now RP 40R-11222 Part 3, 4 and Concession 1 Part Lot 25, 26, in the
City of Pickering;
And whereas an amendment to By-law 3036, as amended by By-law 2498/87 and
By-law 2923/88, is therefore deemed necessary;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. Schedule Amendment
Schedule "I" to By-law 2498/87 as amended by By-law 2923/88, is hereby
amended by showing the existing buildings "Building `A"' and "Building B"' on the
lands zoned "SC-26", and by replacing an easterly portion of the zoning category
"SC-26" with zoning category"OS-Ht".
2. Text Amendment
(1) Section 4. - Definitions of By-law 2498/87 as amended by By-law 2923/88,
is hereby amended by deleting subsection (1) being the definition of
Assembly Hall:
(2) Section 4. - Definitions of By-law 2498/87 as amended by By-law 2923/88,
is hereby amended by adding the following definitions and re-numbering the
subsections (1) to (29):
(2) "Body Rub Parlour" shall mean any premises or part thereof where a
body rub is performed, offered or solicited in pursuance of a trade,
calling, business or occupation, but does not include any premises or
part thereof where the body rubs performed are for the purpose of
medical or therapeutic treatment and are performed or offered by
persons otherwise duly qualified, licensed or registered so to do under
the laws of the Province of Ontario;
By-law 7138/11 Page 2
(14) "Neighbourhood Store" shall mean a retail store in which food, drugs,
periodicals, or similar items of day-to-day household necessity are kept
for.retail sale primarily to residents of, or persons employed in the
immediate neighbourhood;
(18) "Place of Religious Assembly" shall mean lands or premises where
people assemble for worship, counseling, educational, contemplative
or other purpose of a religious nature, which may include social,
recreational, and charitable activities, and offices for the administration
thereof;
(3) Clause 5.(4)(a) Uses Permitted is hereby repealed and replaced by the
following clause:
5.(4)(a) Uses Permitted. ("SC-26" Zone)
(i) ' No person shall within the lands designated "SC-26 on
Schedule "I hereto undertake any use for any purpose except
as follows:
A. business office
B. commercial school
C. day nursery
D. financial institution
E. place of religious assembly
F. professional office
(4) Subclause 5.(4)(b)(iv). Parking Requirements is hereby repealed and
replaced by the following subclause:
5.(4)(b)(iv) Parking Requirements:
A For the purpose of this subclause "parking space" shall
mean a useable and accessible area of not less than
2.6 metres in width and 5.3 metres in length for the
temporary parking of a vehicle, but shall not include any
portion of a parking aisle or driveway;
B There shall be provided and maintained on the lands
designated "SC-26 on Schedule "I" a minimum of
260 parking spaces;
C Sections 5.21.2a) and 5.21.2b) of By-law 3036, as
amended, shall not apply to the lands designated
"SC-26" on Schedule "I" attached hereto;
D All parking areas shall be set back s minimum of 3.0
metres from all road allowances;
By-law 7138/11 Page 3
E Despite Section 5.21:28) of By-law 3036, as amended,
all parking areas shall be surfaced with brick, asphalt or
concrete, or any combination thereof.
(5) Subclause 5.(4)(b)(v) Special Provisions is hereby repealed and replaced
with the following subclause:
5.(4)(b)(v) Special Provisions
A One place of religious assembly shall be permitted and shall
only occur in the easterly building existing as of the day of the
passing of this by-law and as shown as Building `B' on
Schedule "I" to this by-law, and shall not exceed a maximum
gross floor area of 1,075 square metres.
B Uses accessory to the place of religious assembly use shall
be permitted in the westerly building existing as of the day of
the passing of this by-law and as shown as Building 'A' on
Schedule "I" to this by-law.
C One day nursery shall be permitted and shall only occur in
the westerly building existing as of the day of the passing of
this by-law and as shown as Building 'A' on Schedule "I" to
this by-law, and shall be restricted to a maximum of 54
children and shall not exceed 465 square metres in size.
D Building 'A' shall not exceed a maximum gross floor area of
1,175 square metres.
(6) Section 5 Provisions is hereby amended by adding a new subsection 5.(6)
as follows:
5.(6) Provisions ("OS-HL" Zone)
(6)(a) Uses Permitted ("OS-HL" Zone)
No person shall within the lands designated "OS-HL" on
Schedule "l" attached hereto use any lot or erect, alter or use
any building or structure for any purpose except the following:
(i) preservation and conservation of the natural environment,
soil and wildlife; and
(ii) resource management.
By-law 7138/11 Page 4
(6)(b) Zone Re quirements ("OS-HU Zone)
No buildings or structures shall be permitted to be erected, nor
shall the placing or removal of fill be permitted, except where
buildings orstructures are used only for purposes of flood and
erosion control, resource management, or pedestrian trail and
walkway purposes.
3. By-law 3036
By-law 3036, as amended by By-law 2498/87 and By-law 2923/88 and By-law,
6128/03 is hereby further amended only to the extent` necessary to give effect to
the provisions of this By-law as set out in Sections 1 and 2 above. Definitions
and subject matter not specifically dealt with in this By-law shall be governed by
the relevant provisions of By-law 3036, as amended.
4. Effective Date
This By-law shall come into force in accordance with the provisions of the
Planning Act.
By-law read a first, second and third time and finally passed this 16th day of May, 2011.
David Ryan, Ma
Debbie Shields, City Clerk
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SCHEDULE I TO BY-LAW 2498/87
PASSED THIS 15TH Amended by By-law 2923/88
JUNE & By-Law 6128/03
DAY OF 1988 Further Amended by By-law 7138/11
SIGNED
MAYOR
SIGNED ,
CLUZ
LERK