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Home My WebLink AboutBy-law 2285/861 ~fl~ CORPORATION O~ ~H~ ?OWN OF PIlFeRING BY-LAW NUHBER 2285/86 Being 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 Lot 25, Concession 1 (Parts 1 and 2, Plan 40R-8820) and Lots 45 to 51 inclusive, Plan 40M-1272, in the in the Town of Pickering. (A 29/86) %IHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the establishment of a day nursery use within the existing church structure; AND %~HEREAS an 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" 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 25, Concession (Parts 1 and 2, Plan 40R-8820) and Lots 45 to 51 inclusive, Plan 40M-1272 in the 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, (i) "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" 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; (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; (4) (5) (a) (a) (c) (d) (e) (h) "Gross Floor Area" shall mean the aggregate of the floor areas of all storeys of a building or structure, or a part thereof as the case may be, other than a private garage, an attic or a cellar; "Lot" shall mean an area of land fronting on a street ~ 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; "Lot Coverage" shall mean the percentage of lot area covered by all buildings on the lot; "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; "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; "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; "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; "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; "Rear Yard Depth" shall mean the shortest horizontal dime~xsion 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 wall of the 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 main 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; (i) "Interior Side Yard" shall mean a side yard other than a flankage side yard; 5. PROVISIONS (1) (a) ( (b) Uses Permitted ("I(C)-DN" Zone No person shall within the lands designated "I(C)-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) church ii) day nursery Zone Requirements ("I(C)-DN" Zone) No person shall within the lands designated "I(C)-DN" on Schedule "I" attached hereto, use lot or erect, alter or use any building except accordance with the following provisions: (i) LOT AREA (minimum): 0.5 hectares any in (ii) LOT FRONTAGE (minimum): 50 metres (iii) FRONT YARD DEPTH (iv) (v) (minimum): as illustrated on Schedule "I" attached hereto (vi) (vii) (viii) OBSTRUCTION OF YARDS: Despite the provisions of Section 5.7 of By-law 3036, where a front yard depth of 4.8 metres or less is required by this By-law one set of uncovered steps and platform of up to 2.0 metres in height above grade and projecting not more than 3.0 metres into that required front yard shall be permitted INTERIOR SIDE YARD WIDTH (minimum): 1.2 metres REAR YARD DEPTH (minimum): 7.5 metres LOT COVERAGE (maximum): 33 percent PARKING REQUIREMENTS (minimum): there shall be provided and maintained one parking space per four persons church capacity (ix) SUPPLEMENTARY PARKING REGULATIONS: A Despite 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 B Section 5.21.2 a) and Section 5.21.1 b) of By-law 3036, as amended, shall not apply. C Despite Section 5.21.2 g) of By-law 3036, as amended, all parking areas shall be paved. (x) SPECIAL REGULATIONS: the number of children enrolled in all day nurseries on the lands designated "I(C)-DN" on Schedule "I" attached hereto shall not exceed sixty at any one time 4 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. ~FORCEM~ (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) %dhere 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) %~ere 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. EFFECTIWE 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 5th DAY OF August , 1986. READ A THIRD TIME AND PASSED THIS 5th DAY OF August [AYOR ~ ANDERSON OHN E. TOWN OF PlCKERING APPi OV 2D AS TO F02:. CLERK BRUCE J. TAYLOR , 1986. LOT 4O R- ~JeAO LOT 50 LOT 49 i ,~ LOT 4B I(C).DN-t i O LOT 47 LOT 46 0 SCHEDULE "~ TO BY-LAW 2285/86 PASSED THIS 5th DAY OF August 1986 CLERK ( BRUCE' J. TAYLOR )