HomeMy WebLinkAboutBy-law 4063/92 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER ~
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 20, Concession 1, m the Town of Picketing. (OPA 90-094/P;
^ 27/90)
WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to
permit the establishment of a Local Central Area and to limit the maximum aggregate
gross leasable floor area of all retail stores to approximately 4300 square metres on the
subject lands being Part of Lot 20, Concession 1, Town of Pickering;
AND WHE~ an amendment to By-law 3036, as amended, is therefore deemed
necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
PICKERING HEREBY ENACrS AS FOLLOWS:
1. SCHEDUI.F. I
Schedule I attached hereto with notations and references shown thereon is hereby
declared to be part of this By-law.
The provisions of this By-law shall apply to those lands in Part of Lot 20,
Concession 1, Town of Pickering, designated 'LCA - 8" 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.
In this By-law,
(1) ~ shall mean a building or part of a building in which food products
are baked, prepared and offered for retail sale, or in which food products
baked and prepared elsewhere are offered for retail sale;
(2) "Business Office" shall mean a building or part of a building in which the
management or direction of a business, .a public or private agency, a
brokerage or a labour or fraternal organizauon is carried on and which may
include a telegraph office, a data processing establishment, a newspaper
publishing office, the premises of a real estate or insurance agent, or a radio
or television broadcasting station and related studios or theatres, but shall not
include a retail store;
(3) "Commercial Club" shall mean an athletic, recreational or social club
operated for gain of profit and having public or private membership;
(4) "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;
(5) "Drv Cleanino Establishment - Non Venting" shall mean a building or part of
a building w-here a dry cleaning plant, with a dry weight capacity of 27
kilograms which does not vent gases or odors and is operated separately or in
assoc!ation with, dry-dyeing, cleaning, laundering, pressing or incidental
tailoring or repair of articles or goods of fabric is carried on, in which only
non-flammable fabrics are or canbe used, which do not emit noxious odors or
fumes and in which no noise or vibration causes a nuisance to neighbouring
premises;
(6) "Finanqial Institution" shall mean a building or part of a building in which
money is deposited, kept, lent or exchanged;
(7) (a) "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 any. part of t. he building below estabhshed grade other
than used for retail commercial or office purposes;
(b) "Gross Leasable Floor Area" shall mean the aggregate of the fioor 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;
(8) (a) "Lot" shall mean an area of. land fronting on a street which is used or
intended to be used as the stte 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 area covered by all
buildings on the lot;
(c) "Lot Frontaee" 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;
(9) "Personal Service Shoo" shall mean an establishment in which a personal
service is performed arid which may include a barber shop, a beauty salon, a
shoe repmr shop, a tailor or dressmaking shop or a photographic studio, but
shall not include a body-rub parlour as defined in the Municipal Act, R.S.O.
1980, Chapter 302, as amended from time to time, or any successor thereto;
(10) "Place of Assembly" shall mean a building or part of a building in which
facilities are prod/ted for civic, educatio, nal, political, recreational, re. ligions
or social meeting purposes and re. ay include facilities for entertainment
purposes such as musical and theatrical performances, but shall not include a
place of amusement or entertainment.
(11) "Private Club" shall mean an athletic, recreational or social club not operated
for gain or profit and having private membership;
(12) "Professional Office" shall mean a buildin, g or. part of a building in which
m. edical, legal or other professional serwce ts performed or consultation
g~ven, and which re.ay include a clinic, the offices of an architect, a chartered
accountant, an engineer, a lawyer or a physician, but shall not include a
body-rub parlour as defined in the Municipal Act, R.S.O. 1980, Chapter 302,
as amended from time to time, or any successor thereto;
(13) "Public Club" shall mean an athletic, recreational or social club not operated
for gain or profit and having public membership;
(14) "Restaurant-Tv~e A" shall mean a building or part of a building where food is
prepared and'bffered 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;
(15) "Restaurant. Type B" 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 in the building or buildings on the premises only;
(16) "Retail Store" shall mean a building or part of a building in which goods,
wares, merchandise, substances, articles or things are storeO, kept and offered
for retail sale to the public;
(17) "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 for such accessory buildings, structures, or other uses as
are specifically permitted thereon.
(1) Uses Permitted CLCA - 8" Zone)
No person shall within the lands designated "LCA-8" on Schedule I attached
hereto use any lot or erect, alter or use any building or structure for any
purpose except the following:
bakery
business office
commercial club
commercial school
dry cleaning establishment - non-venting
financial institution
)ersonal service shop
)lace of assembly
)rivate club
)rofessional office
)ublic club
restaurant - type A
restaurant - type B
retail store
(2) Zone Requirements CLCA - 8" Zone)
No person shall within the lands designated "LCA - 8" on Schedule I attached
hereto use any lot or erect, alter or use any building or structure except in
accordance with the following provisions:
(a) SETBACK REQUIREMENTS (minimum): as illustrated on
Schedule I attached
hereto
(b) BUILDING HEIGHT (maximum): 20 metres
(c) OPEN STORAGE: all uses, other than parking, shall take place
entirely within enclosed buildings or structures
with no outside storage or display
(d) PARKING REQUIREMENTS:
(i) 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;
(ii) There shall be provided and maintained on the subject lands a
miminum of.'
A 5.4 spaces per 100 square metres gross leasable floor area for
the first 500 square metres; and
B 4.5 spaces per 100 square metres gross leasable floor area for
the next 500 square metres; and
C 3.3 spaces per 100 square metres gross leasable floor area for
the next 500 square metres; and
D 3.4 spaces per 100 square metres gross leasable floor area for all
floor area th excess of 1,500 square metres;
less 10 percent of the number of parking spaces required under A, B,
C, and D above;
(e) SPECIAL REGULATIONS:
(i) The gross leasable floor area of the building shall not exceed 7,155
square metres;
(ii) The aggregate gross leasable floor area of all retail stores shall not
exceed a gross leasable fioor area of 4300 square metres;
6. BY-LAW 3036
(1) 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.
(2) 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,
except that subsection 5.21.2 b) shall not apply to the area set out in
Schedule 1 attached hereto.
(3) By-laws 2802/88, 3766/91, and 3890/91 are hereby repealed.
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 $I0,000 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 $S0,000; 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
continuedafter the day on which the corporation was first convicted;
and not as provided in subsection (I).
(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 continuation or repetition of the offence
by the person convicted.
8. EYFE(~VE DATE
This By-law shall take effect from the day of passing hereof subject to the
approval of Amend. merit No. 77 to the Picketing District Plan by. the Ministry
of Municipal Affmrs, and subject to the approval of the Ontario Municipal
Board, if required.
READ A FIRST AND SECOND TIME THIS 4th DAY OF August , 1992.
READ A THIRD TIME AND PASSED THIS 4th DAY OF August , 1992.
WAYNE ARTHURS
CLERK ~/
BRUCE J. TAYLOR
TOWN OF
PICKERING
APPROVED
AS TO FORM
LEGAL OEPT,
40R-11306 PART 4
40R-11306
\ PARTS 2 & 3
\ 40R-11506
%0'
* BULDINO SETBACK REQUIREMENTS - SEE SECTION 5(2)(0)
SCHEDULE I TO BY-LAW 4063/92
PASSED THIS 4th
DAY OF August 1 992