HomeMy WebLinkAboutBy-law 1890/84THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 1890/84
Being a Zoning By-law to amend Rustricted
Area By-law 3036, as amended, to implement
the Official Plan of the Town of Pickering
District Planning Area, Region of Durham,
in Part Lot 26, Concession 1, (Part l, Plan
40R-7554) in the Town of Pickering. (A 75/80)
WHEREAS the Council of the Corporation of the Town of Pickering deems
it desirable to permit the development of a church and associated uses,
including a day nursery and private non-residential school on the
subject property.
AND WHEREAS the 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:
SCHEDULE "I"
Schedule "I" 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
Lot 26, Concession l, (Part 1, Plan 40R-7554), Town of Pickering,
designated "I(C)-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.
4. DEFINITIONS
In this By-law,
(1)
"Church" shall mean a building dedicated to religious
worship and may include a Sunday School or Parish hall
as an accessory use.
(2)
"Day Nursery, Type B" shall mean lands and premises duly
licenced pursuant to the Day Nurseries Act, or any successor
thereto, for use as a facility for the daytime care of not
more than 65 children at any one time.
(3)
a) "Floor Area" 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" shall mean the aggregate of the
floor areas of all the storeys of a building or
structure, or part thereof as the case may be, other
than a private garage, an attic or a cellar.
c)
"Dwellin9 Unit Area" shall mean the aggregate of
the floor areas of all habitable rooms of a dwelling
unit.
continued...
"Lot" shall mean an area of land fronting on a street
w---~Th 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
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.
(5) (a) "Public School" shall mean,
(b)
(c)
(6)
(i)
a school under the jurisdiction of a board of
education which board is established pursuant
to The Education Act, 1974, or any successor
thereto;
(ii)
a college of applied arts and technology
established pursuant to The Ministry of
Colleges and Universities Act, 1971, or any
successor thereto;
(iii)
a university eligible to receive provincial
funding from the Minister of Colleges and
Universities Act, 1971, or any successor
thereto.
"Private Non-Residential School" shall mean a school
which is maintained for educational or religious
purposes but shall not include any other school
defined herein.
"Private Residential School" shall mean a school
which is maintained for educational or religious
purposes and which includes accessory residential
facilities but shall not include any other school
defined herein.
(d)
"Commercial School" shall mean a school which is
operated for gain or profit and may include the
studio of a dancing teacher or music teacher, or
an art school, a golf school or any other such
school operated for gain or profit, but shall not
include any other school defined herein.
(a)
"Yard" shall mean an area of land which is appurtenant
~o 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
distance 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.
(d)
(e)
(f)
(g)
(h)
(i)
"Rear Yard" shall mean a yard extending across the
full width of a lot line 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 buildin? or structure on the lot.
"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.
"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 main building or structure on the
lot.
"Side Yard Width" shall mean the shortest horizontal
dimension of a side yard of a lot between the side lot
line and the nearest wall of the nearest main building
or structure on the lot.
"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.
"Interior Side Yard" shall mean a side yard other than
a flankage side yard.
5. PROVISIONS
(1) Uses Permitted ("I{C)-DN" Zone)
No person shall within the lands designated "I(C)-DN" on
Schedule "I" hereto, use any lot or erect, alter or use
any building or structure for any purpose except the
following:
(a) church
(b) day nursery, type B
(c) private non-residential school
provisions of Section 5{2}(e}
subject to the
(2) Zone Requirements ("I(C)-DN" Zone)
No person shall within the lands designated "I(C}-DN"
on Schedule "I" hereto use any lot or erect, alter or
use any building or structure except in accordance with
the following provisions:
(a) BUILDING SETBACK REQUIREMENT
- 6 metres from any
lot line
(b} LOT COVERAGE (maximum)
- 33 percent
(c)
PARKING REQUIREMENTS PER LOT
(minimum)
- one (1) space per
four (4) persons
church capacity
continued...
(d) SUPPLEMENTARY PARKING REGULATIONS:
(i)
Notwithstanding Section 2.57 of By-law 3036,
as amended, a parking space shall mean a
usable and accessible area of not less than
15.95 square metres, for the temporary parking
of a vehicle, but shall not include any
portion of a parking aisle or driveway
(ii) Section 5.21.2 a) and Section 5.21.2 b) of
By-law 3036, as amended, shall not apply.
(iii) All parking areas shall be set back a minimum
distance of 3 metres from all lot lines.
iv)
Notwithstanding Section 5.21.2 g) of By-law
3036, as amended, all parking areas shall be
paved.
(e) SPECIAL RESTRICIlONS: A private non-residential
school shall be permitted
only if accessory to a church use.
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.
ENFORCEMENT
(])
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).
continued...
o
(3)
Where a conviction is entered under subsection (1), in
addition to any other remedy or any 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.
EFFECTIVE DATE
This By-law shall take
subject to the approval
required.
effect from the day of passing hereof
of the Ontario Municipal Board, if
READ A FIRST AND SECOND TIME THIS 30th DAY OF
July
, 1984.
READ A THIRD TIME AND PASSED THIS 30th DAY OF
July
, 1984.
M"/~¥ O'R '
TOWN OF'
PICKERING
APPROVED
AS TO FO2M
LEGAL DEP
FINCH
AVENUE
o
:-'~r~,T ', , 4OR - ?554/
/
I(C)-DN
SCHEDULE 'I' TO BY-LAW 1890/84
PASSED THIS 30th
DAY OF July 1984
///~AYOR
CLERK
•
SCHEDULE 2 (i)
The purpose and effect of the by-law is to permit the
development of a church and associated uses, including a
day nursery and private non-residential school, on the
subject property.
it 4
•
•
FINCH AVENUE
FART 1 S , %l1% 1 5%I t
O
a
I (C ) - DN
S
a
a
SCHEDULE 'ITO BY- LAW 1890/84
PASSED THIS 30th
DAY OF July 1984
%(E)/dor
AYOR
•/
CLERK
y�n
•
Schedule 3
STATEMENT OF CONFORMITY TO THE OFFICIAL PLAN FOR
THE REGIONAL MUNICIPALITY OF DURHAM
I , Mofeed Michael , the Chief Planning Officer of The
Regional Municipality of Durham, have reviewed By-law 1890/84
of the Town of Pickering.
I am of the opinion that this By-law is in conformity with the
Official Plan in effect for the Durham Planning Area .
Dated this 9th day of August , 1984 .
Dr . M. Michael , M.C . I .P .
Commissioner of Planning
This Schedule 3 is issued to the Town of Pickering for By-law 1890/84
pursuant to Ontario Regulation 78/80, a regulation made under the
Planning Act .