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Home My WebLink AboutBy-law 2865/88THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 2865/88 Being a By-law to amend Restricted Area (Zoning) 6y-law 2511, as amended, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham in Part of Lot 28, Range 3, Broken Front Concession (Part 1, Plan 40R-2401), in the Town of Pickering. (A 41/88) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the establishmeM of a day nursery use within the existing church structure; AND WHEREAS an amendment to By-law 251 I, as amended, is therefore deemed necessary; NOW THEREFORE TFIE 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 R�STRICTED 7he provisions of this By-law shafl apply to those lands in Part of Lot 28, Range 3, Broken Front Concession (Part 1, Plan 40R-2401), Pickering, designated "I(C)-DN(l)" 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) "Church" shall mean a building dedicated to religious worship and may include a Sunday School or Parish hall as an accessory use; (2) "Day Nursery" shall 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; i3) (a) "Floor Area" 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" shall mean the aggregate of the floor areas of all storeys of a buitding or structure, or part thereof as the case may be, other than a private garage, an attic or a cellar; (4) (a) "LoP' shall mean an area of land fronting on a street which is used or intended to be used as the site ot 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, re�ardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision; a,r �9�� Page 2 (b) °Lot Coverage" shall mean the percentage of lot area covered by all buildings on the lot. (c) "Lot FrontaQe" shall mean the width of a lot between the side lot lines measured along a line parallel to and 7.5 metres distant irom the front lot line; (5) (a) "Yard" shall mean an area of land which is appurtenant to and located on the same lot as a b�ilding or structure and is open, uncovered and unoccupied above ground except for such accessory buildings, strur_tures, 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 iront 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 tine the junction point of the side lot lines, and the nearest walt of the nearest main buitding or structure on the lot; (f) "Side Yard" shall mean a yard of a lot extending frorn tlie front yard to tlie 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) "FlankaRe 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) "FlankaQe 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. PROVISIOIVS (1) (a) Uses Permitted ("I(C)-DN(l)" Zone) No person shall within the lands designated "1(C)-DN(I)" on Schedule 1 attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (i) church (ii) day nursery ,. .:�:�.n. .. ., .. . 6. Page 3 (b) Zone Requirements ("I(C)-DN(1)" Zone) No person shall within the lands designated "I(C)-DN(1)" 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): (ii) LOT FRONTAGE (minimum): (iii) FRONT YARD DEPTH (minimum): (iv) INTERIOR SIDE YARD WIDTH (minimum): (v) REAR YARD DEPTH (minimum): (vi) LOT COVERAGE (maximum): (vii) PARKTNG REQUIREMENTS (minimum): 0.4 hectare 45 metres 7.5 metres 7.5 metres 7.5 metres 33 percent there shalt be provided and maintained one parking space per four persons church capacity (viii) SUPPLEMENTARY PARKING REGULATIONS: Section 5.21.2a) and Section 5.21.2b) of By-law 2511, as amended, shall not apply (xi) SPECIAL REGULATIONS: BY-LAW 2511 a day nursery may be permitted only in a church building on the site By-law 2511, 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 2511, as amended. 7. ENFORCEMENT (1) (2) 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 firsi conviction to a fine of not more than b20,000; 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. Where a corporation is convicted under subsection (I), 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). Page 4 (3) Where a conviction is entered under subsection (I), in addition io 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 READ A THIRD T►ME AND PASSED THIS OHh E. ANDERSON CLERK / BRUCE J. TAYL ii TONJN OF PICf<,�2i�IG tl!'PR��VED 1S 70 F�Ri;I Lf_;>A� D;_PT. 12th ppy pF September 12th DAY OF September , 1988. , 1988. M W � � 0 � W � W OKLAHOMA PAR? i , 40R - 24DI DRIVE I(C )-DN(1) ?ART � :.UT I �3H P.9RT I , JUR- 234ry 40R ca�U � I I i I rVT I i3� �UT ( iR(% I I ,,'' I I M-� � I I I I I I � I STONEBRIDGE LANE SCHEDIJLE I TU BY- LAW z s 6 s/ a a PASSED THiS 1 � tn ��, � September �8 , �' . �YOR �N E. AND�,�J) ; / / __ � CLFRK ( BRUCE J. 1"AYLOR)