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HomeMy WebLinkAboutBy-law 1890/84THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 1890/84 Being a Zoning By-law to amend Rustricted Area By-law 3036, as amended, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham, in Part Lot 26, Concession 1, (Part l, Plan 40R-7554) in the Town of Pickering. (A 75/80) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the development of a church and associated uses, including a day nursery and private non-residential school on the subject property. AND WHEREAS the amendment to By-law 3036, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: SCHEDULE "I" Schedule "I" hereto with notations and references shown thereon are hereby declared to be part of this By-law. 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Lot 26, Concession l, (Part 1, Plan 40R-7554), Town of Pickering, designated "I(C)-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. 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, Type B" shall mean lands and premises duly licenced pursuant to the Day Nurseries Act, or any successor thereto, for use as a facility for the daytime care of not more than 65 children at any one time. (3) 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 the storeys of a building or structure, or part thereof as the case may be, other than a private garage, an attic or a cellar. c) "Dwellin9 Unit Area" shall mean the aggregate of the floor areas of all habitable rooms of a dwelling unit. continued... "Lot" shall mean an area of land fronting on a street w---~Th 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 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. (5) (a) "Public School" shall mean, (b) (c) (6) (i) a school under the jurisdiction of a board of education which board is established pursuant to The Education Act, 1974, or any successor thereto; (ii) a college of applied arts and technology established pursuant to The Ministry of Colleges and Universities Act, 1971, or any successor thereto; (iii) a university eligible to receive provincial funding from the Minister of Colleges and Universities Act, 1971, or any successor thereto. "Private Non-Residential School" shall mean a school which is maintained for educational or religious purposes but shall not include any other school defined herein. "Private Residential School" shall mean a school which is maintained for educational or religious purposes and which includes accessory residential facilities but shall not include any other school defined herein. (d) "Commercial School" shall mean a school which is operated for gain or profit and may include the studio of a dancing teacher or music teacher, or an art school, a golf school or any other such school operated for gain or profit, but shall not include any other school defined herein. (a) "Yard" shall mean an area of land which is appurtenant ~o 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 distance 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) (e) (f) (g) (h) (i) "Rear Yard" shall mean a yard extending across the full width of a lot line 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 buildin? or structure on the lot. "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. "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 main building or structure on the lot. "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. "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. "Interior Side Yard" shall mean a side yard other than a flankage side yard. 5. PROVISIONS (1) Uses Permitted ("I{C)-DN" Zone) No person shall within the lands designated "I(C)-DN" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: (a) church (b) day nursery, type B (c) private non-residential school provisions of Section 5{2}(e} subject to the (2) Zone Requirements ("I(C)-DN" Zone) No person shall within the lands designated "I(C}-DN" on Schedule "I" hereto use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (a) BUILDING SETBACK REQUIREMENT - 6 metres from any lot line (b} LOT COVERAGE (maximum) - 33 percent (c) PARKING REQUIREMENTS PER LOT (minimum) - one (1) space per four (4) persons church capacity continued... (d) SUPPLEMENTARY PARKING REGULATIONS: (i) Notwithstanding Section 2.57 of By-law 3036, as amended, a parking space shall mean a usable and accessible area of not less than 15.95 square metres, for the temporary parking of a vehicle, but shall not include any portion of a parking aisle or driveway (ii) Section 5.21.2 a) and Section 5.21.2 b) of By-law 3036, as amended, shall not apply. (iii) All parking areas shall be set back a minimum distance of 3 metres from all lot lines. iv) Notwithstanding Section 5.21.2 g) of By-law 3036, as amended, all parking areas shall be paved. (e) SPECIAL RESTRICIlONS: A private non-residential school shall be permitted only if accessory to a church use. 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. ENFORCEMENT (]) 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). continued... o (3) Where a conviction is entered under subsection (1), in addition to any other remedy or any 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. EFFECTIVE DATE This By-law shall take subject to the approval required. effect from the day of passing hereof of the Ontario Municipal Board, if READ A FIRST AND SECOND TIME THIS 30th DAY OF July , 1984. READ A THIRD TIME AND PASSED THIS 30th DAY OF July , 1984. M"/~¥ O'R ' TOWN OF' PICKERING APPROVED AS TO FO2M LEGAL DEP FINCH AVENUE o :-'~r~,T ', , 4OR - ?554/ / I(C)-DN SCHEDULE 'I' TO BY-LAW 1890/84 PASSED THIS 30th DAY OF July 1984 ///~AYOR CLERK • SCHEDULE 2 (i) The purpose and effect of the by-law is to permit the development of a church and associated uses, including a day nursery and private non-residential school, on the subject property. it 4 • • FINCH AVENUE FART 1 S , %l1% 1 5%I t O a I (C ) - DN S a a SCHEDULE 'ITO BY- LAW 1890/84 PASSED THIS 30th DAY OF July 1984 %(E)/dor AYOR •/ CLERK y�n • Schedule 3 STATEMENT OF CONFORMITY TO THE OFFICIAL PLAN FOR THE REGIONAL MUNICIPALITY OF DURHAM I , Mofeed Michael , the Chief Planning Officer of The Regional Municipality of Durham, have reviewed By-law 1890/84 of the Town of Pickering. I am of the opinion that this By-law is in conformity with the Official Plan in effect for the Durham Planning Area . Dated this 9th day of August , 1984 . Dr . M. Michael , M.C . I .P . Commissioner of Planning This Schedule 3 is issued to the Town of Pickering for By-law 1890/84 pursuant to Ontario Regulation 78/80, a regulation made under the Planning Act .