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HomeMy WebLinkAboutBy-law 8001/23The Corporation of the City of Pickering By-law No. 8001/23 Being a by-law to amend Restricted Area (Zoning) By-law 3037, as amended by By-law 6577/05, to implement the Official Plan of the City of Pickering, Region of Durham, being Part Lot 20, Concession 3 S, Now Part 2, 40R-2208, and Parts 1 and 2, 40R-9418, City of Pickering (A 10/22) Whereas the Council of the Corporation of the City of Pickering initiated an application to permit a public elementary school and public park for the lands being Part Lot 20, Concession 3 S, Now Part 2, 40R-2208, and Parts 1 and 2, 40R-9418; And whereas an amendment to Zoning By-law 3037, as amended by By-law 6577/05, is deemed necessary; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Schedule I Schedule I attached hereto with notations and reference 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 being Part Lot 20, Concession 3 S, Now Part 2, 40R-2208, and Parts 1 and 2, 40R-9418, in the City of Pickering, designated “ES”, “NP” and “OS” on Schedule I to this By-law. 3. General Provisions No building, structure, 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) “Building” means a structure occupying an area greater than 10 square metres and consisting of any combination of walls, roof and floor but shall not include a mobile home. (2) “Day Care Centre” means indoor and outdoor premises where more than five children are provided with temporary care and/or guidance for a continuous period but does not provide overnight accommodation and are licensed in accordance with the applicable Provincial Act. By-law No. 8001/23 Page 2 (3) “Gross Floor Area” means the total area of each floor whether located above, at or below grade, measured between the exterior faces of the exterior walls of the building at each floor level but excluding any porch, veranda, cellar, mechanical room or penthouse, or areas dedicated to parking within the building. For the purposes of this definition, the walls of an inner court shall be deemed to be exterior walls. (4) “Gross Leasable Floor Area” means the total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines and upper floor areas if any; expressed in square metres and measured from the centre line of joint partitions and from outside wall faces. (5) “Landscaped Area” means an outdoor area on a lot comprising trees, plants, decorative stonework, retaining walls, walkways, or other landscape or architectural elements, excluding aisles and areas for loading, parking or storing of vehicles. (6) “Neighbourhood Park” means a municipal public park. (7) “School, Elementary” means a place of instruction maintained and operated under the jurisdiction of a public authority, and may also include a day care centre as an accessory use. (8) “Structure” means anything that is erected, built or constructed of parts joined together with a fixed location on the ground, or attached to something having a fixed location in or on the ground and shall include buildings, walls or any sign, but does not include fences below six feet in height or in ground swimming pools. 5. Permitted Uses and Zone Regulations (“ES” Zone) (1) Permitted Uses (“ES” Zone) No person shall, within the lands zoned “ES” on Schedule I to this By-law, use any lot or erect, alter or use any building or structure for any purpose except the following: a) Elementary School b) Day Care Centre (2) Zone Regulations (“ES” Zone) No person shall, within the lands zoned “ES” on Schedule I to this By-law, use any lot or erect, alter or use any building or structure except in accordance with the following provisions: a) Lot Frontage i) minimum – 30.0 metres b) Front Yard Setback i) minimum – 3.0 metres c) Interior Side Yard Setback i) minimum – 1.5 metres By-law No. 8001/23 Page 3 d) Rear Yard Setback i) minimum – 7.5 metres e) Flankage Side Yard Setback i) minimum – 3.0 metres f) Building Height i) maximum – 12.5 metres for an elementary school ii) maximum – 10.5 metres for a day care cente (3) Vehicular Parking Regulations (“ES” Zone) a) Minimum Parking Requirements Elementary School 1.5 spaces per classroom Day Care Centre 3.5 spaces per 100 square metres of gross leasable floor area 6. Permitted Uses (“NP” Zone) (1) Permitted Uses (“NP” Zone) No person shall, within the lands zoned “NP” on Schedule I to this By-law, use any lot or erect, alter or use any building or structure for any purpose except the following: a) Neighbourhood park 7. Permitted Uses and Zone Regulations (“OS” Zone) (1) Permitted Uses (“OS” Zone) No person shall, within the lands zoned “OS” on Schedule I to this By-law, use any lot or erect, alter or use any building or structure for any purpose except the following: a) Perseveration and conservation of the natural environment b) Stormwater management (2) Zone Regulations (“OS” Zone) No buildings or structures shall be permitted to be erected except where buildings or structures are used only for purposes of perseveration and conservation of the natural environment and/or stormwater management. By-law No. 8001/23 Page 4 8.By-law 3037 By-law 3037, as amended by By-law 6577/05, 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 to this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3037. 9.Effective Day That this By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this 27th day of March, 2023. ________________________________ Original Signed By Kevin Ashe, Mayor ________________________________ Original Signed By Susan Cassel, City Clerk Ti l l i n g s R o a d Elmsley Drive Scenic Lane Drive Te a k M e w s Dersan Street Clerk Mayor i N Schedule I to By-Law 8001/23 Passed This 27th Day of March 2023 ES 14 0 . 1 m 201.8m NP OS 200.7m 14 2 . 8 m 102.4m 94 . 8 m 312.3m 101.4m 13 8 . 7 m 96 . 0 m Original Signed By Original Signed By