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HomeMy WebLinkAboutBy-law 4005/92 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 4005/92 .Being a By-law to amend Restricted Area (Zoning) By-law 303.6, as amended, to implement the Official Plan of the Town of Pickering District Planmng Area, Region of Durham, in Part of Lot 26, Concession 1, in the Town of Pickering.(A 49/89) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to sermit a private school or a day nursery facility on the subject lands, being Part of Lot 26, oncession 1, in the Town of Pickering; AND WHEREAS 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: 1. 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 26, Concession 1, in the Town of Picketing, designated "R3(DN-PS)" 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) (a) "Public School" shall mean, (i) a school under the iurisdiction of a Board of Education which Board is continued or estabhshed pursuant to the Education Act, R.S.O. 1990, c. E.2, or any successor thereto; (ii) a college of applied arts and technology continued or established pursuant to the Ministry of Colleges and Universities Act, R.S.O. 1990, c. M.19, or any successor thereto; and (iii) a university eligible to receive provincial funding pursuant to the Ministry of Colleges and Universities Act, or any successor thereto. (b) "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. (c) "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. -2- (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. (e) "Day Nursery" shall mean lands and premises duly licenced pursuant to the provisions of the Day Nurseries Act, R.S.O. 1990, c. D.2, or any successor thereto, and for the use as a facility for the daytime care of children. (2) (a) ~ shall mean a building or part of a building containing one or more dwelling units, but does not include a mobile home or trailer; (b) "Dwelling Unit" shall mean one or more habitable rooms occupied or capable of being occupied as a single, independent and separate housekeeping unit containing a separate kitchen and sanitary facilities; (c) "Dwe!ling..Single or Single Dwelling" shall mean a dwelling containing one dwelhng~mt ahd uses accessory thereto; (d) "Dwelling. Detached or Detache0 Dwelling" shall mean a single dwelling which is freestanding, separate and detached froth other main buildings or structures; (3) (a) "Floor Area-Residential" 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-Residential" 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; (4) (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; (b) "Lot Coverage" shall mean the percentage of lot area covered by all buildings on the lot; (c) "Lot Frontage" shall mean the width of a lot between the side lot lines measured al6ng a line parallel to and 7.5 metres distant fron the front lot line. (5) (a) "Yar0" 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 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 dimension of a front lard of a lot between the front lot line and the nearest wall of the nearest main uilding 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 betweefi the rear lot line or, where there is no rear lot line, the ~unction 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; -3- (g) "$i~t¢ Ygrd 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) "Flankaee Side Yard" shall mean a side yard immediately adjoining a street or abuttingon a reserve on the opposite side of which is a street. 5. PROVISIONS (1) (a) Uses Permitted ("R3(DN-PS)"Zone) No person shall within the lands designated "R3(DN-PS)" on Schedule I attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: Ii! detached dwelling residential use ii!) da)' nursery private non-residential school (b) Zone Requirements ("R3(DN-PS)" Zone) No person shall within the lands designated "R3(DN-PS)" on Schedule I attached hereto use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (i) LOT AREA (minimum): 0.18 hectares (ii) LOT FRONTAGE (minimum): 30 metres (iii) FRONT YARD DEPTH (minimum): 25 metres (iv) SIDE YARD WIDTH (minimum): A East sideyard: 2metres B West sideyard: 4 metres (v) REAR YARD DEPTH (minimum): 20 metres (vi) LOT COVERAGE (maximum): 33% (vii) BUILDING HEIGHT (maximum): 12 metres (viii) DWELLING UNIT REQUIREMENTS: maximum one dwelling unit per lot and minimum gross floor area-residential of 100 square metres (ix) PARKING REQUIREMENTS: A For the purpose of this clause "parking space" shall mean a useable and accessible area of not less than 2.6 metres in width and not less than 5.3 metres in length for the temporary parking of vehicles, but shall not include any portion of a parking aisle or driveway; B There shall be provided and maintained on the lands a minimum of 9 parking spaces; C Sections 5.21.2a) and 5.21.2b) of By-law 3036 shall not apply to lands designated "R3(DN-PS)" on Schedule I attached hereto; D All parking areas shall be surfaced with brick, concrete, asphalt, or any combination thereof. (ix) SPECIAL REGULATIONS: A The aggregate gross floor area of all day nurseries and private schools on the lands shall not exceed 350 square metres; B The aggregate number of persons enrolled at any one time in day nurseries and private schools on the land shall not exceed 55; C A private school on the land shall be restricted to the teachk equivalent grade levels up to and including elementary gr~ defined in the Education Act. -4- (2) (a) ~ ("(H)" Zone) Despite the provisions of Subsection (1), while the "(H)" holding symbol is in place, no person shall within the lands designated "(H)R3(DN-PS)" on Schedule I attached hereto, use any lot or erect, alter or use any buildings or structure for any purpose except the following: (i) detached dwelling residential uses in accordance with Section 9 of By-law 3036, as amended. (c) Removal of (H) Holding Symbol (a) Prior to an amendment to remove the "(H)" holding symbol preceeding the use designation "R3 (DN-PS)" the following conditions shall be met: (i) an agreement between the Town and the owner, to provide for the development of the land for the purposes and m accordance with the provisions of Section 5.(1) shall be entered into and registered on title; (ii) a private sewage system shall be installed to the satisfaction of the Region of Durham Department of Health Services. 6. BY-~W 3~6 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. ENFORCEMENT (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) 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). (3) Where 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. 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 1st DAY OF June , 1992. READ A THIRD TIME AND PASSED THIS 1st DAY OF June , 1992. I~I~"~R WAYNE ARTHURS ~ BRUCE J. TAYLOR Lot 56 R.P. Plan1051 Lot 37 R.P. Plan 1051 (H)R3(DN-P Lot DB R.P. Plan 1051 '51 9~bar'~on N SCHEDULE I TO BY-LAW 4005/92 PASSED THIS lst_ ~ DAY ~92 ~MAY'G~//~ -~ _ HIGHWAY ~ No C.~..~'