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HomeMy WebLinkAboutBy-law 5568/99THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 5 5 6 8/9 9 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 1, in the Town ofPickering. (A 14/98) WHEREAS the Council of the Corporation of the Town of Picketing deems it desirable to permit the redevelopment of an gas station and restaurant site into a mixed-use gas station "Automobile Service Station - Type D" development including a kiosk, accessory convenience retail sales, drive-through restaurant, and mechanical car wash on the subject lands, being part of the North Part of Lot 18, Concession 1, in the Town of Picketing; AND WHEREAS an amendment to By-law 3036, as amended by By-laws 3258 and 1601/82 is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: SCHEDULE I Schedule I attached to this By-law, with notations and references shown, is hereby declared to be part of this By-law. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lot 18, Concession 1, in the Town of Picketing, designated "CA(D)" on Schedule I attached to this By-law. o 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) "Accessory Use" shall mean a use customarily incidental and subordinate to the principal use or building and located on the same lot as such principal use or building; 2) "Automobile Service Station - Type D" shall mean an establishment where vehicle fuels, lubricants and automobile-related accessories are offered for retail sale, and which also may include one mechanical car wash, one restaurant - type F, and limited convenience retail sales, but shall not include facilities for the repair and maintenance of vehicles, or facilities for the repairing or painting of vehicle bodies; 2 3) 4) 5) 6) 7) 8) 9) 11) "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; "Gross Leasable Floor Area" shall mean the aggregate of the floor areas of all storeys above or below established grade designed for owner or tenant occupancy or exclusive use only, but excluding storage areas below established grade; "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 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; "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; "Mechanical Car Wash" shall mean an establishment where facilities are provided for the washing and cleaning of vehicles using production line methods employing mechanical devices wholly enclosed within a building; "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; "Restaurant - Type F" shall mean a building or part of a building where food is prepared and offered or kept for retail sale to the public for immediate consumption on the premises or off the premises, or both on and off the premises, and which may include a drive-through order and pick-up service; "Side Yard Width" shall mean the shortest horizontal dimension of a side yard of a lot between the side lot line and nearest wall of the nearest main building or structure on the lot; "Structure Height" shall mean the vertical distance between the established grade and the highest point of the structure. 5. PROVISIONS (1) (2) Uses Permitted ("CA(D)" Zone) No person shall within the lands zoned "CA(D)" on Schedule I attached to this By-law use any lot or erect, alter or use any building or structure for any purpose except the following: (a) Automobile Service Station - Type D Zone Requirements ("CA(D)" Zone) No person shall within the lands zoned "CA(D)" on Schedule I attached to this By-law use any lot or erect, alter or use any building except in accordance with the following provisions: (a) LOT AREA (minimum): 5,000 square metres (b) LOT FRONTAGE (minimum): 35 metres (c) BUILDING RESTRICTIONS: (i) Building Location and Setbacks: A FRONT YARD DEPTH (minimum): 5 metres C REAR YARD DEPTH (minimum): 3 metres D SIDE YARD WIDTH (minimum): 3 metres E BUILDING HEIGHT(maximum): 7 metres F STRUCTURE HEIGHT (maximum): 7 metres (d) PARKING REQUIREMENTS (i) 10 parking spaces shall be provided and maintained on the lands zoned "CA(D)" on Schedule I attached to this By-law; (ii) Sections 5.21.2 a) and 5.21.2 b) of By-law 3036, as amended, shall not apply to the lands zoned "CA(D)" on Schedule I attached to this By-law; and (iii) Despite sections 5.21.2 g) and 5.21.2 k) of By-law 3036, as amended, all entrances and exits to parking areas and all parking areas shall be surfaced with brick, asphalt, or concrete, or any combination thereof; and (iv) All parking areas shall be set-back a minimum of 3 metres from any road allowance or lot line, and the lands which constitute this set-back shall be used for landscape purposes; (e) SPECIAL REGULATIONS: (i) The aggregate of the gross leasable floor area of the gas station kiosk, restaurant - type F, and convenience retail sales uses shall not exceed 225 square meters; (ii) All uses, other than parking, shall take place entirely within enclosed buildings or structures with no outside storage or display; (iii) Despite subsection 5(2)(e)(iv) of this By-law, a maximum display area of 10 square metres may be used for the limited outdoor storage and display of convenience items accessory to an automobile service station - type D; and (iv) Despite subsection 5.18(a) of By-law 3036, accessory structures may be erected in any yard. BY-LAW 3036 1) By-law 3258 and By-law 1601/82 are hereby repealed; 2) 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 to this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036, as amended. EFFECTIVE DATE This By-law shall take effect fxom the Ontario Municipal Board, if required. day of passing subject to the approval of the BY-LAW read a first, second and third time and finally passed this 18 1999. day of October Wayne Arthurs, Mayor Brace Taylor, Clerk 0 0 % CA(D) SCHEDULE I TO BY-LAW PASSED THIS 18th DAY OF October 1999 MAYOR CLERK m ~ ~ ~w ~ ~ ~o ~-- '~,v~ ~?~~~ ~~ ~a = = x = =~ = ~ r mmmmmJi m imi[mmm , ~ ~ m , ~ ~ ~~ ~ ~ //fllllllU ~//llllllJ PLUMMER STRICT . QUARTZ ST. I 0 ~ ffi BAYLY STR[~ BAYLY STREET lown of ~iokorin~ ~lannin~ DATE AUG. 25/~