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Home My WebLink AboutBy-law 2971/88THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 2g�t/RR 6eing 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 Part of Lots 7 and 22, Plan 221, in the Town of Pickering. (A 20/88(R)) WHEREAS the Council of the Corporaiion of the Town of Pickering deems it desirable to recognize the existing church use and to permit the establishment of a day nursery use and a day nursery office within the existing church structure on the subject lands being Part of Lots 7 and 22, Plan 221, in the 7'own of Pickering; AND WHEREAS an amendment to By-law 3036, as amended, is iheretore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: SCHEDULEI Schedule I attached hereto with notations and references shown thereon is hereby declared to be part of this }�y-law. 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lots 7 and 22, Plan 221, in the Town of Pickering, designated "I(C)-DN(2;" on Schedule 1 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. k. DEFINITIOfVS In this By-law, (1) "Activity Room Area" shall mean the floor area within a day nursery that is used by children for their day-to-day activiiies but shall exclude all floor area allocated to corridors, storage areas, washroom and kitchen facilities, and offices; (2) "Church" shall mean a building dedicated to religious worship and may include a Sunday School or Parish hall as an accessory use; (3) "Day Nursery" shall 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; (4) "Day Nursery Office" shall mean a building or part of a building in which the management or direction of all day nursery and other related day care services operated on or from the premises is carried on. (5) (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 storeys of a building or structure, or part thereof as the case may be, other than a private garage, an attic or a cellar; �6) (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; � 1.� . i. � � / -2 - (b) "Lot CoveraQe° shall mean the percentage of lot area covered by all buildings on the lot. (c) "Lot FrontaQe" 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; (7) (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 loi between the front lot line of the lot and the nearest wall of the nearest main building or structure on the lot; lc) °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; (d) "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 oetween 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 line 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 sireet or abutting on a reserve on the opposite side of which is a street; (i) "Flankage Side Yard Width" shall mean the shortest horizontal dimension of a flankage side yard of a lot between ihe lot line adjoining a street or abutting on a reserve on the opposite side of which is a street and the nearest wall of the nearest main building or structure on the lot; (j) "Interior Side Yard" shall mean a side yard other than a fiankage side yard. 5. PROVISIONS (1) (a) Uses Permitted ("I(C)-DN(2)° Zone) No person shall within the lands designated "1(C)-DN(2)" on Schedule I attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (i) church (ii) day nursery (iii) day nursery office C:�I -3 - (b) Zone Requirements ("I(C)-DN(2)" Zone) No person shall within the lands designated "I(C)-DN(2)" on Schedule I attached hereto use any lot or erect, alter or use any building except in accordance with the following provisions: (i) LOT ARE,A (minimum): (ii) LOT FRONTAGE (minimum): (iii) FItONT YARD DEPTH (minimum): (iv) INTERIOK SIUE YARD WIUTH (minimum): (v) REAR YARD DEPTH (minimum): (vi) LOT COVERAGE (maximum): (vii) YAKKING REQUIREMENTS (minimum): 0.4 hectare 45 metres 7.5 metres 7.5 metres 7.5 meires 33 percent there shall be provided and maintained on the lands designated "I(C)-DN(2)" one parking space per four persons church capacity (viii) SUPPLEMENTARY PARKING REGULA710NS: Section 5.21.2a) and Section 5.21.2b) of 6y-law 3036, as amended, shall not appty (xi) SPLCIAL REGULATIONS: A A day nursery and day nursery office may be permitted only in a church building on the site B"fhe gross floor area of all day nursery office uses shall not exceed 84.0 square metres C A day nursery office shall be permitted only in association with a day nursery operating on the lands 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 6y-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 govemed by the relevant provisions of Uy-law 3036, as amended. 7. ENFORCEMENT (1) (2) 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 ihan $10,000 for each day or part thereof upon which the contravention has continued after the day on which he was first convicted. Where a corporation is convicted under subsection (1), the maximum penalty that may be imposed is, (a) on a first comiction a fine of not more than $50,000; and (b) on a subsequent conviction a fine of not more than $25,000 for eadti 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). -4 - (3) Where a conviction is entered under subsection (t), 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 19th READ A THIRD 7'IME AND PASSED T1iIS �9th BRUCEJ.TAYLOR DAY OF DAY OF December Dece m ber , 1988. , 1988. � • . a z 0 F- J Q E < GP�� BROOKRIDGE \ a -! - -�-I I _ ; \ I^ I PT. I�t, I � I \ 2\rJ / ?T. 3 I PT. 4 PT. 6 5 r� ,\, 3 �/ 4 OI 4 I5 � F I� I �I dll� � \ �/ �/ 1 � I yl I�I 68.�m 32.�m �� / LOT I N.W. ANOIE OF �or i, a. a. zze I (C ) - DN ( 2) I � ��a. � ��av LQ? 'c 2'G H SCHEDULE I TO BY- LAW 2s�tlRR PASSED THIS l9ch DAY OF December 1988 � �/ � r MAYOR l AYNE L—� L_ ( BRU 'E J. TAYLOR ) � � / � � � � � � o/ ,„ � / '�, / j �� o G � e / I{�/ I M