HomeMy WebLinkAboutBy-law 5791/01THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. 5791/0I
Being a By-law to amend Restricted Area (Zoning) By-law 3037 , as amended, to
implement the Official Plan of the City of Picketing District Planning Area,
Region of Durham in Part of Lot 14, Concession 9, in the City of Pickering.
(A 9/00)
WHEREAS the Council of the Corporation of the City of Picketing deems it desirable to
recognize an existing cemetery and allow for the future expansion of that cemetery use while
continuing to allow existing agricultural uses and recognize open space lands on the subject
lands, being Part of Lot 14, Concession 9 (Parts 1 to 4, Plan 40R-20211);
AND WHEREAS an amendment to By-law 3037 , as amended, is therefore 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 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 14, Concession 9,
in the City of Picketing, designated "CEM-2/A", "(H)CEM-2/A", "A" and "OS-HL-EP"
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) "Building" shall mean a structure occupying an area greater than 9.5 square
metres consisting of a wall, roof and floor, or any one or more of them, or a
structural system serving the function thereof, including all the works, fixtures
and service systems appurtenant thereto;
(2) "Cemetery" shall mean land that is set apart or used for the interment of the dead
or in which human bodies have been buffed;
(3) "Cemetery Administrative Office" shall mean a building or part of a building in
which the management or direction of a cemetery is carried on;
(4)
(5)
(6)
(7)
(8)
(9)
(10)
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"Cemetery_ Equipment Building" shall mean a building or part of a building used
for the sheltering, storage, care, repair or equipping of vehicles, machinery,
equipment and property with respect to any of the affairs of purposes of the
operation of a cemetery;
"Columbadum" shall mean a structure designed for the purpose of storing the
ashes of human remains that have been cremated;
"Crematorium" shall mean a building used for the purposes of the cremation of
human remains, and includes everything incidental and ancillary thereto;
"Mausoleum" shall mean a building or other structure used as a place for the
interment of human remains in sealed crypts or compartments;
(a) w
"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 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 fi:om the front lot line;
"Structure" shall mean anything installed, constructed or erected, the use of which
requires location on the ground, or attachment to something having location on
the ground and, without limiting the generality of the foregoing, includes a
vehicle as defined in the Highway Traffic Act, but does not include an inground
swimming pool;
(a) m
"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 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;
(0
"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;
(h)
(i)
"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;
"Flankage Side Yard Width" shall mean the shortest horizontal dimension of a
flankage side yard of a lot between the lot line adjoining a street or abutting
on a reserve on the opposite side of which is a street, and the nearest wall of
the nearest main building or structure on the lot;
(j) "Interior Side Yard" shall mean a side yard other than a flankage side yard.
5. PROVISIONS
(1)
(a) Uses Permitted CCEM-2/A" Zone)
No person shall within the lands designated "CEM-2/A" on Schedule I
attached hereto, use any lot or erect, alter, or use any building or structure for
any purpose except the following:
(i)
(ii)
(iii)
(iv)
any use permitted in section 6.1 of By-law 3037, as amended;
cemetery
cemetery administrative building
cemetery equipment building
(b) Zone Requirements CCEM-2/A" Zone)
No person shall within the lands designated "CEM-2/A" on Schedule I
attached hereto, use any lot or erect, alter, or use any building except in
accordance with the following provisions:
(i) for those uses permitted by section 5.(1)(a)(i) outlined above, the
provisions of section 6.2 of By-law 3037, as amended;
(ii) for cemetery and cemetery-related uses:
A All buildings and structures shall be located entirely within the
building envelope as illustrated on Schedule I attached hereto;
B
Despite subsection A above, a memorial stone or monument which
is less than 3.0 metres in height, located a minimum of 3.0 metres
from any front lot line and at least 1.0 metre from any side lot line
may be erected, altered or used outside of the building envelope
established on Schedule I attached hereto;
C A mausoleum, columbarium or crematorium shall not be permitted
on the lands designated "CEM-2/A" on Schedule I attached hereto
D
Notwithstanding subsection C above, a mausoleum or
columbarium which does not exceed 2.0 metres in height and has
exterior dimensions such that the volume enclosed thereby does
not exceed 15.0 cubic metres shall be considered to be a memorial
stone or monument.
E
Cemetery administrative buildings, cemetery equipment buildings
and one chapel shall be permitted only as ancillary to, and in
conjunction with, a cemetery use.
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F
G
H
The floor area of any cemetery administrative building, cemetery
equipment building or chapel shall not exceed 200 square metres in
size.
The combined floor area of all cemetery administrative buildings,
cemetery equipment buildings or chapel shall not exceed 500
square metres in size.
Sections 5.19.2 and 2.2.1 of By-law 3037, as amended, shall not
apply to the lands designated "CEM-2/A" on Schedule I attached
hereto;
(2)
(a) Uses Permitted ("(H)" Holding Symbol)
Despite the provisions of Section 5.(1) of this By-law, while the "(H)"
Holding Symbol is in place preceding the "CEM-2/A" Zone designation as
outlined on Schedule I attached hereto, no person shall use any lands for any
purpose other than those uses permitted in Section 6.2 of By-law 3037, as
amended.
(b) Removal of the "(H)" Holding Symbol
Prior to an amendment to remove the "(H)" Holding Symbol preceding the
"CEM-2/A" Zone, on all or part of the area so zoned, the owner shall satisfy
the City of Pickering with respect to:
(i)
(ii)
(iii)
(iv)
(v)
the completion and approval of a hydrogeological report;
the satisfaction of all provincial guidelines applicable to cemetery
developments;
the completion of an archaeological site inventory on all of the lands
zoned "CEM-2/A" and approved by the Ministry of Citizenship,
Culture and Recreation;
the owner obtaining site plan approval, and adhering to resultant
approved site plans as stipulated in an appropriate agreement with the
City of Pickering; and,
the establishment and form of required operating by-laws, trust funds
and/or care and maintenance funds appropriate to govern the operation
and administration of the cemetery.
(3)
(a)
Uses Permitted ("OS-HL-EP" Zone)
No person shall within the lands designated "OS-HL-EP" on Schedule I
attached hereto, use any lot or erect, alter, or use any building or structure for
any purpose except the following:
(i) conservation of the natural environment, soil and wildlife; and,
(ii) resource management
(b) Zone Requirements ("OS-HL-EP" Zone)
No buildings or structures shall be permitted to be erected nor any existing
buildings or structures be modified or changed, nor shall the placing or
removal of fill be permitted, except where buildings or structures are used for
purposes of flood and erosion control, or resource management.
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(c) Special Regulation COS-HL-EP" Zone)
Despite subsection (b) above, graves, memorial stones or monuments located
within the "OS-HL-EP" Zone existing on the subject lands at the time of
passing of this By-law are permitted in their existing location.
(4)
(a) Uses Permitted ("A" Zone)
No person shall within the lands designated "A" on Schedule I attached
hereto, use any lot or erect, alter, or use any building or structure for any
purpose except the following:
(i) any use permitted by section 6.1 of By-law 3037, as amended;
(b) Zone Requirements ("A" Zone)
No person shall within the lands designated "A" on Schedule I attached
hereto, use any lot or erect, alter, or use any building except in accordance
with the following provisions:
(i) the provisions of section 6.2 of By-law 3037, as amended;
(c) Special Regulation ("A" Zone)
Despite subsection (b) above, a minimum lot area of 3.7 hectares is permitted
on lands designated "A" on Schedule I attached hereto.
BY-LAW
By-law 3037, 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 relevant provisions of By-law 3037, as amended.
EFFECTIVE DATE
This By-law shall take effect from the day of passing hereof subject to the approval of the
Ontario Municipal Board, if required.
BY-LAW read a first, second, and third time and finally passed this 5th day of
February ., 2001.
~ruce Taylor, Clerk
PART
PART 1 PART 3
A ~'°~ , CEM-2/A
xOS-HL-EP
PART
BUILDING ENVELOPE
SCHEDULE ! TO BY-LAW
PASSED TH]:S 5th
DAY OF February 2001
MAYOR
HAM REGIONAL ROAD NO 5
City of Pickering Planning & Development Department
I DATE JAN. 22, 2001