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Home My WebLink AboutBy-law 1927/84THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 1927/84 Being a By-law to amend Restricted Area (Zoning) By-law 3037, as amended, to implement the Official Plan of the Town of Pickering District Planning Area Region of Durham, in Part Lots 17 and 18, Concession 3 (Part 1, 40R-6912) in the Town of Pickering. (A 35/82) WHEREAS the Council of the Corporation of the Town of Picketing deems it desirable to permit the development on the subject lands of a cemetery with related buildings and structures and an open space area, in addition to uses presently permitted on lands being Part Lots 17 and 18, Concession 3 (Part 1, 40R-6912), in the Town of Pickering; AND WHEREAS an amendment to By-law 3037, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULES Schedules "I" and "II" 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 Part Lots 17 and 18, Concession 3 (Part l, 40R-6912) Pickering, designated "CEM-I" and "OS-C" on Schedule "I" attached hereto. 3. GENERAL PROVISIONS No building, structure, 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 For the purposes of 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 buried; (3) "CEMETERY ADMINISTRATIVE OFFICE" shall mean a part of a building in which the management or a cemetery is carried on; building or direction of (4) "CEMETERY EQUIPMENT BUILDING" shall mean a building or part ~f 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; continued... Page (s) (6) (7) (9) (lO) "CEMETERY GREENHOUSE" shall mean a building or part of a building located in a cemetery and used for the shelter, care and growing of plants and plant materials for use within that cemetery or other cemeteries operated by the owners of that cemetery; "COLUMBARIUM" 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 or 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; "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) "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 9Kound 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. continued... Page 3 PROVISIONS (1) Uses Permitted ("CEM-1" Zone) (2) No person shall within the lands designated "CEM-i" on Schedule "I" hereto, use any lot or erect, alter or use and building or structure for any purpose except the following: (a) cemetery (b) cemetery administrative office (c) cemetery equipment building (d) cemetery greenhouse (e) columbarium (f) crematorium (g) mausoleum (h) dwelling unit for to the provisions (i) agricultural uses Area Requirements ("CEM-I") Zone a caretaker or watchman subject of Section 5(2)(d)(iv) not having a building or structure. No person shall within the lands designated "CEM-I" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure except in accordance with the follow, ing provisions: (a) LOT AREA (minimum): (b) LOT FRONTAGE (minimum): (c) BUILDING HEIGHT (maximum): (d) SPECIAL RESTRICTIONS: 33 hectares 417 metres 18 metres (i) No building or structure shall be erected, altered or used on the lands unless it is wholly located within the building envelope shown on Schedule "II" to this By-law. (ii) Notwithstanding the provisions of Section 5(d)(i) a memorial stone or monument which is less than 3.0 metres in height, at least 3.0 metres from the front lot line and at least 1.O metre from any side lot line may be erected, altered or used outside the building envelope. (iii) For the purpose of this By-law a mausoleum or columbarium which does not exceed 2 metres in height and has exterior dimensions such that the volume enclosed thereby does not exceed 15 cubic metres shall be considered to be a memorial stone or monument. (iv) No more than one dwelling unit shall be permitted and only where the caretaker or watchman is employed by the owner of the lands. continued... Page 4 (3) Uses Permitted ("OS-C" Zone) No buildings or structures shall be permitted to be erected within the lands designated "OS-C" on Schedule II hereto. 6. BY-LAW 3037 (1) 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. (2) Definitions and subject matters not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 3037, as amended, except that subsection 5.7(f) of By-law 3037, as amended, shall not apply to the area designated "CEM-I" and "OS-C" on Schedule "I" 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 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... Page 5 (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. 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 19th DAY OF Nover~ber , 1984. READ A THIRD TIME AND PASSED THIS 19th DAY OF Nove~ber , 1984. MAY-OR TOWh,' OF P.C, :_r,~NG LEG,'*[ I I CO~S~RV&I~ON ~UTHORITY I~LL I~UL&'[]ON LINE O~TARIO REOIJLATI..~_.~.~_~ i'r~o I~ R.~o i~Bo CEM -1 c"°~66°~ SCHEDULE 'I' TO BY-LAW i927/84 PASSED THIS 19th DAY OF November 1984 /~LERK / I I PO. Om 8u/Iding Envelope SCHEDULE'TT' TO BY-LAW 1927/84 PASSED THIS 19th DAY OF November 1984 CLERK / / / SCHEDULE 2 (i) The purpose and effect of the by-law is to rezone the subject lands to permit the establishment of a cemetery and related uses , including columbaria , crematoria and mausolea on the subject lands. R • 'PPM Slg I I ` II I I I I I • I I DERSAN ST. A f �•. ?iii: f•`; J r: 1 • SUBJECT PROPERTY I I • • )1 N' )76 I I • THIRD GONCESSIOf� ROA' • ■ • ■ ■ ■ i p • ■ ■ 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 1927/84 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 6th day of December , 1984. de/. Dr. M. Michael , M.C` I .P . Commissioner of Planning This Schedule 3 is issued to the Town of Pickerng for By-law 1927/84 pursuant to Ontario Regulation 78/80 , a regulation made under the Planning Act.