HomeMy WebLinkAboutBy-law 8024/23 (OLT-23-000740)By-law No. 8024/23
By-law will be in effect upon the end of the appeal period process.
By-law passed on: June 26, 2023
Deadline for appeals: July 24, 2023
By-law in full force and effect upon issuance of the affidavit provided no appeals have been received.
The Corporation of the City of Pickering
By-law No. 8024/23
Being a By-law to amend Restricted Area (Zoning) By-law
3036, as amended, to implement the Official Plan of the City of
Pickering, Region of Durham, Part of Lot 18, Concession 2, and
Part 3, 40R-9710, City of Pickering (A 03/16)
Whereas the Council of The Corporation of the City of Pickering received an application to
rezone the subject lands being Part of Lot 18, Concession 2, and Part 3, 40R-9710 in the
City of Pickering, to permit a place of worship and a private school, and to facilitate the
construction of a three-storey addition;
And whereas an amendment to Zoning By-law 3036, as amended by By-law 6578/05, is
therefore deemed necessary;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows:
1.Schedules I and II
Schedules I and II to this By-law 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 being Part of Lot 18, Concession 2,
and Part 3, 40R-9710, in the City of Pickering, designated “PW -PS” 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 Height” means the vertical distance between the average grade as
measured along the front wall, and in the case of a flat roof, the highest point of
the roof surface or parapet wall, or in the case of a mansard roof the deck line, or
in the case of a gabled, hip or gambrel roof, the mean height level between
eaves and ridge. Ornamental fixtures such as a cupola or antenna shall not be
included in calculating the height of a building.
(2)“Build-to-Zone” means an area of a property within which all or part of one (1) or
more buildings or structure is to be located.
By-law No. 8024/23 Page 2
(3)“Day Care Centre” means:
(a)Indoor and outdoor premises where more than five (5) 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; or
(b)Indoor and outdoor premises in which care is offered or supplied on a
regular schedule to adults for a portion of a day but does not provide
overnight accommodation.
(4)“Gross Floor Area” means the total area, expressed in square metres (m2) 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.
(5)“Lot” means a parcel of land fronting on a street, whether or not occupied by a
building or structure.
(6)“Lot Frontage” means the horizontal distance between the side lot lines of a lot
measured along a line parallel to and 6.0 metre distant from the front lot line.
(7)“Lot Line” means a line delineating any boundary of a lot.
(8)“Lot Line, Flankage Side” means the side lot line, which separated a lot from the
street adjacent to it.
(9)“Lot Line, Front” means the lot line, which separates a lot from the street in front
of it. Where more than one (1) lot line separates a lot from the street, the front lot
line shall be the shorter lot line. Where a lot is a through lot, the lot line abutting
the wider street right-of-way shall be the front lot line. In the case of a through lot,
where both streets are of the same width, the City may designate either street
line as the front lot line.
(10)“Lot Line, Interior Side” means a side lot line, which is not adjacent to a street.
(11)“Lot Line, Rear” means the lot line opposite to, and most distant from, the front lot
line, but where the side lot lines intersect, as in the case of a triangular lot, the
rear lot line shall be represented by the point of intersection.
(12)“Lot Line, Side” means all lot lines, which join both a front lot line and a rear lot
line.
(13)“Office” means a building or part thereof, where administrative and clerical
functions are carried out in the management of a business, profession,
organization or public administration, but shall not include a medical office.
By-law No. 8024/23 Page 3
(14)“Outdoor Storage” means the occasional or continuous keeping of goods,
inventory, materials or machinery or equipment outside, but does not include
damaged, impounded or inoperative vehicles.
(15)“Parking Structure” means a building or portion thereof, containing one (1) or
more parking spaces.
(16)“Place of Worship” means a facility the principal use of which is the practice of
religion, but which may include accessory uses subordinate and incidental to the
principal use such as classrooms for religious instruction, programs for community
social benefit, assembly areas, kitchens, offices and a residence for the faith
group leader. Other than a day care centre which shall be permitted, a place of
worship shall not include a private school or residential or commercial uses.
(17)“School, Private” means a place of instruction (excepting a commercial school or
private career college) offering curriculum equivalent to those customarily offered
in an elementary school or secondary school, and may include a day care centre.
(18)“Yard” means any open, uncovered, unoccupied space appurtenant to a building.
(19)“Yard, Flankage Side” means a side yard adjacent to a street.
(20)“Yard, Front” means a yard extending across the full width of the lot between the
front lot line and the nearest wall of any main building on the lot for which the
yard is required.
(21)“Yard, Interior Side” means a side yard not adjacent to a street.
(22)“Yard, Rear” means a yard extending across the full width of the lot between the
rear lot line and the nearest wall of any main building on the lot for which the yard
is required.
(23)“Yard, Side” means a yard extending from the front yard to the rear yard between
the side lot line and the nearest wall of any building or structure on the lot for
which the yard is required.
5.Permitted Uses and Zone Regulations (“PW-PS” Zone)
(1)Permitted Uses (“PW -PS Zone)
No person shall, within the lands zoned “PW-PS” on Schedule I to this By-law,
use any lot or erect, alter, or use any building or structure for any purpose except
for the following:
a)Place of Worship
b)Private School
By-law No. 8024/23 Page 4
(2)Zone Regulations (“PW-PS” Zone)
No person shall, within the lands zoned “PW-PS” 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 – 60.0 metres
b)Lot Area i)minimum – 0.6 of a hectare
c)Building Setbacks i)no building or part of a building or structure shall
be erected outside of the building envelope, as
shown on Schedule II to this By-law; and
ii)no building or part of a building or structure shall
be erected within the building envelope, unless a
minimum of 20 percent of the length of the
build-to-zone, as shown on Schedule II to this
By-law, contains a building or part of a building
d)Gross Floor Area (GFA)i)maximum – 7,000 square metres
e)Landscaped Area i)minimum – 20 percent of the lot
f)Special Provisions i)the lands zoned “PW-PS”, as shown on
Schedule I to this By-law, shall be deemed to be
one lot and the provisions of this By-law shall
apply to the whole of the lot
(3)Vehicular Parking Regulations
a)Minimum Parking Requirements
Place of Worship i)1 space per 4 persons capacity
Private School
i)1 space for each staff member; and
ii)1 space per 10 students
b)Overflow Parking Requirement
In addition to the minimum parking requirements in Section (3) a) above, a
minimum of 25 parking spaces shall be provided on the lands, as shown on
Schedule I to this By-law, or may be provided on another lot, where a legal
easement or agreement exists.
c)Surface Parking Spaces
All surface parking shall be setback a minimum of 3.0 metres from all lot
lines.
By-law No. 8024/23 Page 5
(4)Outdoor Storage
a)No outdoor storage is permitted on the lot.
(5)Garbage Facilities
a)All garage facilities shall be contained within a fully enclosed structure
attached or integrated into a building.
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
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 3036.
7.Effective Date
This By-law shall come into force in accordance with the provisions of the Planning Act.
By-law passed this 26th day of June, 2023.
________________________________
Kevin Ashe, Mayor
________________________________
Susan Cassel, City Clerk
Original Signed By
Original Signed By
PW-PS
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Usman Road
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Clerk
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Schedule I to By-Law 8024/23 Passed This 26th
Day of June 2023
97.9m
38
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6
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36
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8
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72
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7
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93.0m
5.0m
Original Signed By
Original Signed By
Usman Road
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Jade Street
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Saffron Drive
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Clerk
Mayor
Schedule II to By-Law 8024/23 Passed This 26thDay of June 2023
Building Envelope
Build-to-Zone
3.0m
3.0m
10.5m
3.
5
m
12.0m
10.0m
3.0m
Original Signed By
Original Signed By