HomeMy WebLinkAboutBy-law 2787/88 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 2787/88
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 Lot 18, Concession 2, in the Town of Picketing.
(A ~6/~7)
WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to
permit the development of a day care facility, in the Town of Picketing;
AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed necessary;
NOW THEREFORE THE COUNGIL OP THE CORPORATION OF THE TOWN OF PICKERING
HEREBY ENACTS AS FOLLOWS:
1. SCHEDULE I
Schedule 1 attached hereto with notations and references shown thereon is 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 Lot 18, Concession 2, in
the Town of Picketing, designated "DN" 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) "Day Nursery" shah 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;
(2) (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 ot whether or not such lot constitutes the whole oI 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 7.3 metres distant fron the front lot line.
(3) (a) "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;
(b) "Front Yard" shall mean a yard extending across the full width of a lot between
the front lot line of the lot and the nearest wall of the nearest main building or
structure on the lot;
(c) "Front Yard Depth" shall mean the shortest horizontal dimension of a front yard
of a lot between the front lot line and the nearest wall of the nearest main
building or structure on the lot;
(dj "Rear Yard" shall mean a yard extending across the full width of a lot between
the rear lot line of the lot~ or where there is no rear lot line~ the junction point
of the side lot lines~ and the nearest wall of the nearest main building or
structure on the lot;
(e) "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear yard
of a lot between the rear lot line or~ where there is no rear lot line~ the junction
point of the side lot lines~ and the nearest wall of the nearest main building or
structure on the lot;
(f) "Side Yard" shall mean a yard of a lot extending from the front yard to the rear
yard and from the side lot line to the nearest wall of the nearest main building
or structure on the lot;
(g) "Side Yard Width" shall mean the shortest horizontal dimension of a side yard of
a lot between the side lot tine and the nearest wall of the nearest main building
or structure on the lot;
(h) "Flankage Side Yard" shall mean a side yard immediately adjoining a street or
abutting on a reserve on the opposite side of which is a street;
(i) "Interior Side Yard" shall mean a side yard other than a flankage side yard.
5. PROVISIONS
(1) (a) Uses Permitted ("DN" Zone)
No person shall within the lands designated "DN" 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 nursery
(b) Zone Requirements ("DN" Zone)
No person shall within the lands designated "DN" on Schedule I attached hereto
use any lot or erect~ alter or use any building or structure except in accordance
with the following provisions:
(i) LOT AREA (minimum): 0.17 hectares
(ii) LOT FRONTAGE (minimum): 27 metres
(iii) FRONT YARD DEPTH (minimum): 21 metres
(iv) INTERIOR YARD WIDTH (minimum): 2.0 metres
(v) REAR YARD DEPTH (minimum): 7..5 metres
(vi) LOT COVERAGE (maximum): 33%
(vii) BUILDING HEIGHT (maximum): 12 metres
(viii) PARKING REQUIREMENTS:
A For the purpose of this clause "parking space" shall mean a useable 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;
-3 -
15 There shall be provided and maintained a minimum of 3 parking spaces
for each 93 square metres or part thereof of activity room area
associated with the day nursery use;
C Sections %21.2a) and 5.21.2b) of By-law 3036 shall not apply to lands
designated "DN" on Schedule I attached:
(ix) SPECIAL REGULATIONS:
A The number of children attending at any one time, all day nurseries on
lands designated "DN" on Schedule I attached, shall not exceed 43.
(2) (a) Uses Permitted ((H) Zone)
Despite the provisions of subsection (1), while the (H) holding symbol is in place,
no person shall within the lands designated (H)DN on Schedule I attached to
15y-law 2787/88, use any lot or erect, alter or use any buildings or structure for
any purpose except the following:
(i) detached dwelling residential use
(b) Zone Requirements (H Zone)
No person shall within the lands designated (H) on Schedule I attached hereto
use any lot or erect, alter or use any building or structure except in accordance
with the following provisions:
(i) LOT AREA (minimum): 0.17 hectares
(ii) LOT FRONTAGE (minimum): 27 metres
(iii) FRONT YARD DEPTH (minimum): 21 metres
(iv) INTERIOR YARD WIDTH (minimum): 2.q metres
(v) REAR YARD DEPTH (minimum): 7.5 metres
(vi) LOT COVERAGE (maximum): 33%
(vii) BUILDING HEIGHT (maximum): 12 metres
(viii) PARKING REQUIREMENTS (minimum): 2 parking spaces
(c) Removal of (H) Holdin;~ Symbol
(a) Prior to an amendment to remove the (H) holding symbol preceeding the
use designation DN the following conditions shall be met:
(i) an agreement between the Regional Municipality of Durham and
the owner of the land to which the (H) holding symbol applies (the
"owner") to provide for the servicing of that land (the "land") shall
be entered into and registered on title or such services shall be
provided;
(ii) an agreement between the Town and the owner to provide for the
development of the land for the purposes and in accordance with
the provisions of Section 3.(1), and for the construction of a
sidewalk across the frontage thereof, shall be entered into and
registered on title;
(iii) a 2.19 metre wide road widening across the frontage of the land
shall be conveyed by the owner to the Regional Municipality of
Durham, free and clear of ali encumbrances and at no cost to the
Regional Municipality, and such conveyance registered on title.
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 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.
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 240~ DAY OF I4ay , 1988.
READ A THIRD TIME AND PASSED THIS 24th DAY OF I~ay , 1988.
? ^YOR
JOH~ E. A~DERSON
/C L~R K / / BRUCE J. TAYLOR
I APPROW.
(H) DN .
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~OUTH WEST AN~LE LOT lEI, CON.
FINCH AVE.
SCHEDULE ! TOBY-LAW_ 2787/88
, DAY OF ~.¥ ,1988
"~ CLERK ( BRU~ dL TAYLOR )
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