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Home My WebLink AboutBy-law 2787/88 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 2787/88 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the Town of Picketing District Planning Area, Region of Durham, in Part of Lot 18, Concession 2, in the Town of Picketing. (A ~6/~7) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the development of a day care facility, in the Town of Picketing; AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNGIL OP THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULE I Schedule 1 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 18, Concession 2, in the Town of Picketing, designated "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. #. DEFINITIONS In this By-law, (1) "Day Nursery" shah 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; (2) (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 ot whether or not such lot constitutes the whole oI 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 7.3 metres distant fron the front lot line. (3) (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; (dj "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 junction 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 tine and the nearest wall of the nearest main building or structure on the lot; (h) "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) Uses Permitted ("DN" Zone) No person shall within the lands designated "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) Day nursery (b) Zone Requirements ("DN" Zone) No person shall within the lands designated "DN" 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): 0.17 hectares (ii) LOT FRONTAGE (minimum): 27 metres (iii) FRONT YARD DEPTH (minimum): 21 metres (iv) INTERIOR YARD WIDTH (minimum): 2.0 metres (v) REAR YARD DEPTH (minimum): 7..5 metres (vi) LOT COVERAGE (maximum): 33% (vii) BUILDING HEIGHT (maximum): 12 metres (viii) 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; -3 - 15 There shall be provided and maintained a minimum of 3 parking spaces for each 93 square metres or part thereof of activity room area associated with the day nursery use; C Sections %21.2a) and 5.21.2b) of By-law 3036 shall not apply to lands designated "DN" on Schedule I attached: (ix) SPECIAL REGULATIONS: A The number of children attending at any one time, all day nurseries on lands designated "DN" on Schedule I attached, shall not exceed 43. (2) (a) Uses Permitted ((H) Zone) Despite the provisions of subsection (1), while the (H) holding symbol is in place, no person shall within the lands designated (H)DN on Schedule I attached to 15y-law 2787/88, use any lot or erect, alter or use any buildings or structure for any purpose except the following: (i) detached dwelling residential use (b) Zone Requirements (H Zone) No person shall within the lands designated (H) 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): 0.17 hectares (ii) LOT FRONTAGE (minimum): 27 metres (iii) FRONT YARD DEPTH (minimum): 21 metres (iv) INTERIOR YARD WIDTH (minimum): 2.q metres (v) REAR YARD DEPTH (minimum): 7.5 metres (vi) LOT COVERAGE (maximum): 33% (vii) BUILDING HEIGHT (maximum): 12 metres (viii) PARKING REQUIREMENTS (minimum): 2 parking spaces (c) Removal of (H) Holdin;~ Symbol (a) Prior to an amendment to remove the (H) holding symbol preceeding the use designation DN the following conditions shall be met: (i) an agreement between the Regional Municipality of Durham and the owner of the land to which the (H) holding symbol applies (the "owner") to provide for the servicing of that land (the "land") shall be entered into and registered on title or such services shall be provided; (ii) an agreement between the Town and the owner to provide for the development of the land for the purposes and in accordance with the provisions of Section 3.(1), and for the construction of a sidewalk across the frontage thereof, shall be entered into and registered on title; (iii) a 2.19 metre wide road widening across the frontage of the land shall be conveyed by the owner to the Regional Municipality of Durham, free and clear of ali encumbrances and at no cost to the Regional Municipality, and such conveyance registered on title. 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. 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. 8. 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. READ A FIRST AND SECOND TIME THIS 240~ DAY OF I4ay , 1988. READ A THIRD TIME AND PASSED THIS 24th DAY OF I~ay , 1988. ? ^YOR JOH~ E. A~DERSON /C L~R K / / BRUCE J. TAYLOR I APPROW. (H) DN . 0 n- ~OUTH WEST AN~LE LOT lEI, CON. FINCH AVE. SCHEDULE ! TOBY-LAW_ 2787/88 , DAY OF ~.¥ ,1988 "~ CLERK ( BRU~ dL TAYLOR ) __ ,,.,cUBJEC T ~- PROPc"'RTY ' ~