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Home My WebLink AboutBy-law 4091/92 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 4091/92 Being a By-law to amend Restricted Area (Zoning) By-law 3036, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham in Part of Lot 24, Concession 2, known as Parts 1, 3 & 10 - 13, Plan 40R-5723 and Block 38, Plan 40M-1203, in the Town of Picketing. (A3/91) WHEREAS the Council of the Corporation of the Town of Pickering passed By-law 3036, as amended, which permits a church and school on the subject lands; AND WHEREAS an amendment to By-law 3036, as amended, is deemed necessary to recognize the existing parking situation on the church and school sites; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOl.1 DWS: 1. SCHEDULE I Schedule I attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. The provisions of this By-law shall apply to those lands being Part of Lot 24, Concession 2, known as Parts 1, 3 & 10 - 13, Plan 40R-5723 and Block 38, Plan 40M-1203, in the Town of Picketing, designated "I(C)-ES" 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) "ChlJrc.h" shall mean a building dedicated to religious worship and may include a Sunday School or parish hall as an accessory use; (2) "Floor Ar~a - Non-Residential" shall mean the aggregate of the floor areas of all above and below grade storeys of all buildings and structures used for non-residential purposes, but shall exclude the floor area of any stairwells, elevators, and any part below established grade used exclusively for storage purposes; (3) (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 along a line parallel to and 7.5 metres distant from the front lot line; (4) "Public School" shall mean, (a) a school under the jurisdiction of a board of education which board is established pursuant to the Education Act, R.S.O. 1990, c. E.2 or any successor thereto; (b) a college of applied arts and technology established pursuant to the Ministry of Colleges and Universities Act, R.S.O. 1990, c. M.19, or any successor thereto; and -2- (c) a university eligible to receive provincial funding from the Minister of Education, Colleges and Universities, pursuant to the Ministry of Colleges and Universities Act, R.S.O. 1990, c. M.19, or any successor thereto. (5) (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 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 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 between 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; (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. 5. PROVISIONS (I) (a) Uses Permitted CI(C)-ES" Zone) No person shall within the lands designated "I(C)-ES" on Schedule I attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: Ii) church and uses accessory thereto ii) public school and uses accessory thereto (b) Zone Requirements CI(C)-ES" Zone) No person shall within the lands designated "I(C}-ES" on Schedule I attached hereto use any lot or erect, alter or use any building except in accordance with the following provisions: (i) LOT AREA (minimum): 3.3 hectares (ii) LOT FRONTAGE (minimum): 195 metres (iii)YARD SETBACKS (minimum): as illustrated on Schedule I attached hereto (iv) LOT COVERAGE (maximum): 20 percent (v) BUILDING HEIGHT (maximum): 12 metres (vi) PARKING REQUIREMENTS: a) There shall be provided and maintained on the lands zoned "I(C)-ES" on Schedule I a minimum of 226 parking spaces, or 4.0 spaces per 100 square metres of floor area - non-residential within the zone, whichever is greater; -3- b) Notwithstanding Section 2.57 of By-law 3036, as amended, a parking space shall mean a usable and accessible area of not less than 5.3 metres in length and 2.6 metres in width for the tempor .ary parking of a vehicle, but shall not include any portion of a parking aisle or driveway; c) Notwithstanding Sec.tion 5.21.2, subsections b) .and d), of By-law 3036, as amended, all parking setbacks shall be a minimum of 2.4 metres. 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 subjec, t 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 jurisdmtion thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted. 8. E~ 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 October ,1992. READ A THIRD TIME AND PASSED THIS 5th DAY OF October , 1992. WAYNE ~THURS CLERK BRUCE J. TAYLOR LOT 7 '~(c) ~s N ..... BUILDING ENVELOPE SCHEDULE I TO BY-LAW 4091/92 5th PASSED THIS DAY OF October 1 992 ONTARIO HYDRO SUBJECT .O(N CR