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HomeMy WebLinkAboutBy-law 3572/90 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 3572/90 Being a by-law to amend Restricted Area By-law 2511, as amended, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham, Lot 18, Concession 1, Town of Pickering (A57/87) WHEREAS on September 6, 1989, the Ontario Municipal Board, under its Files 0 880186, 0 880187 and Z 880233, ordered that Town of Pickering rezoning application A57/87 submitted by Baronia Holdings Limited be approved; 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 18, Concession l, in the Town of Pickering, designated "FH" 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 wi th the provisions of this By-law. 4. DEFINITIONS In this By-law, (1) "Floor Area" shall mean the aggregate of the floor areas of all storeys above or below established grade, but shall exclude the floor area of any parts of the building used for mechanical equipment, stairwells, elevators and vehicle parking spaces within the building; (2) "Funeral Home" shall mean a building or part of a building where funerals are conducted and shall be limited to such facilities as chapels, visitation rooms, administrative offices, rooms for the preparation of the deceased, display rooms for the storage of caskets and garages for hearses and other equipment but shall not include a single detached dwelling; (3) (a) "Lot" shall mean an area of land fronting on a street ~ 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 a 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; -2- (4) (a) "Yard" shall mean an area of land which is appurtenant to ~cated 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 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 line and the nearest wall of the nearest main building or structure on the lot; (h) "Fla.nkage 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) "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 ("FH" Zone) No person shall within the lands designated "FH" on Schedule I attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (i) funeral home (b) Zone Requirements ("FH" Zone) No person shall within the lands designated "FH" on Schedule I attached hereto use any lot or erect, alter or use any building except in accordance with the following provisions: -3- 5. (1) (b) (i) FRONT YARD DEPTH (minimum) 9.0 metres (ii) INTERIOR SIDE YARD WIDTH (minimum) 6.0 metres from northerly side yard; 1.5 metres from southerly side yard (iii) REAR YARD DEPTH (minimum) 80.0 metres (iv) BUILDING HEIGHT (maximum) lO.O metres (v) OPEN STORAGE: none permitted (vi) PARKING REQUIREMENTS: A For the purpose of this clause "parking space" shall mean a usable and accesible area of not less than 2.6 metres in width and not less than 5.3 metres in length, for the temporary parking of a vehicle, but shall not inlcue any portion of a parking aisle or driveway B There shall be provided and maintained on the lot a minimum of 45 parking spaces and the parking lot must be capable of accomodating the parking of 45 additional vehicles. Any future expansion of the funeral home must meet a minimum standard of 5 parking spaces per 100 square metres of floor area C Despite Section 5.21.2(g) of By-law 2511, as amended, all parking areas shall be surfaced with brick, asphalt or concrete, or any combination thereof; and D Section 5.21.2(b) of By-law 2511, as amended shall not apply to the lands designated "FH" on Schedule I attached hereto. (vii) SPECIAL REGULATIONS: A No more than one building may be constructed and maintained; and B The floor area of a funeral home shall not exceed 1,270 metres. 6. By-law 2511 Il) 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. (2) 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, except that subsection 5.21.2(b) and b.21.2(g) shall not apply to the area set out in Schedule I attached hereto. 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, -4- 7. (1) (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. 12) 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 that $50,000; and (b) on a subsequent conviction to a fine of not more than $25,000 for each day or part thereof upon which the contravention has continued after the day on which the corporation was first convicted; and not as provided in subsection Il). (3) Where a conviction is entered under subsection Il), in addition to any other remed% or penalty by-law, the court of 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 September 6, 1989. BY-LAW APPROVED BY THE ONTARIO MUNICIPAL BOARD ON SEPTEMBER 6, 1989 (OMB FILES - 0 880186, 0 880187 and Z 880233) ~0.4m FH SCHEDULE I TO BY-LAW 3572{,~ AUG?- ll990 0 880186 ~"~"~'~ TOWN OF PtCKERING O 880187 ~ 880233 Ontario ~iG~ERING, ONTARIO Ontario Municipal Board Commission des affaires municipales de l'Ontario IN ~ MA~'~ER OF Section 22(1) of the planning Act, 1983 AND IN 'l'~ MATTER OF a referral to this Board by the Honourable John Eakins, Minister of Municipal Affairs, on a request by Baronia Holdings Ltd. for consideration of a proposed amendment to the Official Plan for the Region of Durham to redesignate lands municipally known as 1057 Brock Road, in the Town of Pickering, from "Industrial" to an appropriate designation to permit a funeral home Minister's File No. 18-OP-0010-A06 Board File No. O 880186 AND IN THE MA'~r~R OF Section 22(1) of the Plannino Act, 1983 AND IN 'r~ MA'r£~R OF a referral to this Board by the Honourable John Eakins, Minister of Municipal Affairs, on a request by Baronia Holdings Ltd. for consideration of a proposed amendment to the Official Plan for the Town of Pickering (Brock Industrial Area Community Plan), to redesignate lands municipally known as 1057 Brock Road, in the Town of Pickering, from "Restricted Light Industrial" to an appropriate designation to permit a funeral home Minister's File No. 18-OP-0023-A02 O.M.B. File No. 0 880187 AND IN THE MATTER OF Section 34(11) of the Plannina Act, 1983 AND IN THE MATTER OF an appeal to this Board by Baronia Holdings Ltd. for an order amending Zoning By-law 2511, as amended, to rezone lands municipally known as 1057 Brock Road, in the Town of Pickering, from "Mi-Storage and Light Manufacturing" to an appropriate zoning to permit a funeral home O.M.B. File No. Z 880233 2 O 880186 O 880187 Z 880233 BEFORE = J.R. MILLS Member Wednesday, the 6th day - and - of September, 1989 N. KATARY Member THESE MATTERS having come on for public hearing this day, and after the hearing; THE BOARD ORDERS that the application to amend the Official Plan for the Region of Durham is hereby dismissed; AND THE BOARD ORDERS that the application for an amendment to the Official Plan for the Town of Pickering is allowed and the Official Plan is hereby amended to include funeral homes in Section 5.6.1(f)(iii) and as amended is approved; AND THE BOARD FURTHER ORDERS that the appeal is allowed and Zoning By-law 2511 is hereby amended as set out in Schedule "A" to which the municipality is hereby authorized to assign a by-law or other number to this document for record-keeping purposes. "' ENT~2£[.~ o. 8. Folio No ........ !..'~ -~ 'AUG 1 6 19g0 O 880186  0 880187 Z 880233 Ontario Ontario Municipal Board Commission des affaires municipales de rOntario Schedule "~ · · the Ontad0 Mun~:~lNfl ~ made en lhe day Of ~ I~90 1. SCHEDULEI Schedule I attached hereto with notalions 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 l, in the Town o~ Pickering, designated "FH" on Schedule I attached hereto. 3. GENERAL PROVISIONS No building, land or part thereof shah hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. 4. DEFINITIONS In this By-Jay,., (]) "Floor Area" shall mean the aggregate of the floor areas of all storeys above or below established grade, but shah exclude the floor area of any parts Of the bJilding used for mechanical equipment, stairwells, elevators and vehicle parking spaces v*'ithin the building; (2) "Funeral Home" shall mean a building or part of a building where funerals are conducted and shall be limiled to such facilities as chapels, visitation rooms, administrative offices, rooms for the preparation of the deceased, display rooms for the storage of caskets and ,~arage5 for hearses and other equipment but shall include a single detached dwelling; -- (3) (a) "Lot" shah mean an area of land fronting on a street which is used or inter~.'ded to be used as the site of a building, or a group of buildings, as the case ma) be, together with an) accessory buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a or block on a registered plan of subdivision; (bi "Lot CoveraF~e" shall mean the percentage of lot area covered by ali bulidings on the lot; (c) "Lot Frontage" sha)l mean the wJd!h of a lot between the side lot lines measured along a line paralieJ to and 7..f metres distant ~rom the front lot line; 880186 880187 880233 (tO (al "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 ~or such accessory buildings, structures, or other uses as are specilically perrnitted thereon. (bi "Front Yard" shall mean a yard extending across the full width of a 1or between the tront lot line o! the lot and the nearest wall o! the nearest main building or structure on the lot; (c) "Front Yard Depth" shall mean the shortest horizontal dimension o~ a front yard o! 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 o! the lot, or where there is no rear lot llne, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the 1ot; (el "Rear Yard Depth" shall mean the shortest horizonta! dimension o! a rear yard of a lot between the rear Jot line, or where there is'no rear lot line the junction point of the side lot lines, and the nearest wall o~ the nearest main bu Id ng or structure on the 1ot; (0 "Side Yard" shah mean a yard of a lot extend{ng 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; (gl "Side Yard Width" shall mean the shortest horizontal dimension o! a side yard o! a lot between the side Jot line and the nearest wall of the nearest main building or structure on the lot; (hi "Flankag~e Side Yard" shatl mean a side yard immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; {il "FlankaRe Side Yard Width" shall mean the shortest horizontal dimension of a ~lankage side yard of a lot between the lot line adjoining a street or abutting on a reserve on the opposite side o! which is a street and the nearest wall o! the nearest main building or structure on the lot; (j) "Interior Side Yard" shall mean a side yard other than a flankage side yard, PROVISIONS (I) fa) Uses Permitted("FH" Zone) No person shall within the lands designated "FH" on Schedule I attached hereto use any lot or erect, alter or use any building or structure ~'or any purpose except the tollowing: (il funeral home (bi Zone Requirements ("FH" Zone) No person shall within the lands designated "FH" on Schedule ] attached hereto use any lot or erect, alter or use any building except in accordance with the following provisions: (il FRONT YARD DEPTH (minimum): 9.0 metres (ii) INTERIOR SIDE YARD \VlDTH (minimum): 6.0 metres lrom northerly side yard; 1.5 metres from southerly side yard (iii) REAR YARD DEPTH (minimum): 80.0 metres (iv) BUILDING HEIGHT (maximum): 10.0 metres (vi OPEN STORAGE: none permitted 880186 880187 880233 (vi) PARKING REQUIREMENTS: A For the purpose of this clause 'parking space" shall mean a usable 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 a vehicle, but shall not include any portion of a parking aisle or driveway. B There shall be provided and maintained on the lot a minimum of 45 parking spaces and the parking lot must be capable of accommodating the parking of 45 additional vehicles. Any future expansion of the funeral home must meet a minimum standard of 5 parking spaces per 100 square metres of floor area. C Despite Section 5.21~2(g) of By-law 2511, as amended, all parking areas shall be surfaced with brick, asphalt or concrete, or any combination thereof; and D Section 5.21.2(b) of By-law 2511, as ~mended, shall not apply to the lands designated "FH" on Schedule I attached hereto. (vii) SPECIAL REGULATXONS= A No more than one building may be constructed and maintained; and B The floor area of a funeral home shall not exceed 1,270 square metres. 6. ~ (1) 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. (2) 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, except that subsection 5.21.2(b) and b.21.2(g) shall not apply to the area set out in Schedule I attached hereto. 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 %o a fine of not more than $20,000; and (b) on a subsequent conviction to a fine of not more than $10,00 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, 880186 880187 880233 (a) on a first conviction e 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 convictedI 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 continua[ion or repetition of the offence by the person convicted.