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HomeMy WebLinkAboutBy-law 4080/92 THE CORPORATION OF THE TOWN OF PICI~R1NG 4080/92 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 Block 56, Plan 40M-1480, in the Town of Picketing. (A 18/92) 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 to 1300 square metres, and the maximum unit size for permitted uses to 560 s~quare metres on the subject lands being Part of Block 56, Plan 40M-1480, in the Town of P~ckering; AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKER/NG HEREBY ENACTS AS FOLLOWS: 1. SCHEDUI.E I & H Schedule I and H attached hereto with notations and references shown thereon are hereby declared to be part of this By-law. 2. AREA RESTR/CTED The provisions of this By-law shall apply to those lands in Part of Block 56, Plan 40M-1480, Town of Picketing, designated "LCA - 7" 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) ~ 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 organization 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 radm 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) "Day Nursery" shall mean lands and premises duly licensed pursuant to the provisions ot the Day Nurseries Act, or any successor thereto, and for the use as a facility for the daytime care of children; -2- (6) "Dry Cleaning Establishment - Type B" shall mean a building or part of a building where articles, goods or-fabric to be subjected to dry cleaning and related processes are received or distributed, or where a dry cleaning plant is operated, or both, where a dry cleaning plant does not exceed a dry weight capacity of 27 kilograms, does not vent or emit noxious gases, odors, or fumes, and is not a source of noise or vibration that causes a nuisance to ne~ghbouring premises, and which may include the laundering, pressing or incidental tailoring or repair of articles, goods or fabric; (7) "Financial Institution" shall mean a building or part of a building in which money is deposited, kept, lent or exchanged; (8) (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; (b) "Gross Eeasable 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; (9) (a) "Eot" 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 agroup 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) "Eot Coverage" shall mean the percentage of lot area covered by all buildings on the lot; (c) "Eot 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; (10) "Personal Service Shop" shall mean an establishment in which a personal service is performed and which may include a barber shop, a beauty salon, a shoe repair 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. 1990, Chapter M.45, as amended from time to time, or any successor thereto; (11) "Place of Assembly" shall mean a building or part of a building in which facilities are provided for civic, educational, political, recreational, religious or social meeting purposes and may include facilities for entertainment purposes such as musicaland theatrical performances, but shall not include a place of amusement or entertainment; (12) "Private Club" shall mean an athletic, recreational or social club not operated for gain or profit and having private membership; (13) (a) "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; (b) "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; (c) "Public School" shall mean, (i) a school under the jurisdiction of a Board of Education which Board is continued or established pursuant to the Education Act, R.S.O. 1990, c. E.2, or any successor thereto; (ii) a college of applied arts and technology continued or established pursuant to the Ministry of Colleges and Universities Act, R.S.O. 1990, c. M.19, or any successor thereto; and (iii) a university eligible to receive provincial funding pursuant to the Ministry of Colleges and Universities Act, or any successor thereto; -3- (14) "Professional Office" shall mean a building or part of a building in which ~1-~ o--~-erprofessional service is performed or consultation given, and which may 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 inthe MunicipalAct, R.S.O. 1990, Chapter M.45, as amended from time to time, or any successor thereto; (15) "Public Club" shall mean an athletic, recreational or social club not operated for gain or profit and having public membership; (16) "Restaurant-Type A" 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 consu, mption on the premises or off the premises, or both on and off the premises; (17) "Retail Store" shall mean a building or part of a building in whichgoods, wares, merchandise, substances, articles or things are stored, kept and offered for retail sale to the public; (18) "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. 5. PROVISIONS (1) Uses Permitted ("LCA- 7" Zone) No person shall within the lands designated "LCA-7" on Schedule I attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: business office lc! commercial club commercial school flay nursery ~ry cleaning establishment - type B /~/ financial institution >ersonal service shop Ii31ace of assembly ~rivate club 5rivate non-residential school >rofessional office ) 3ublic club restaurant - type A retail store (2) Zone Requirements ("LCA - 7" Zone) No person shall within the lands designated "LCA - 7" on Schedule I attached hereto use any lot or erect, alter o.r use any building or structure except in accordance with the following provisions: (a) LOT AREA (minimum): 4,900 square metres (b) BUILDING ENVELOPE (maximum): as illustrated on Schedule II attached hereto (c) BUILDING HEIGHT (maximum): 12 metres (d) PARKING REQUIREMENTS: (i) Parking for employees and customers shall be provided on the lands at the ratio of 5.0 parking spaces per 93 square metres of gross leasable floor area or part thereof; (ii) 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 5.3 metres in length, for the temporary parking of vehicles, but shall not include any portion of a parking msle or driveway; (iii) All parking shall be set back a minimum of 3 metres from the boundary of the lands. -4- (e) SPECIAL REGULATIONS: (i) The aggregate of the gross leasable floor areas of all buildings on the lands shall not exceed 1,300 square metres; (ii) The gross leasable floor area of any use permitted by subsection 5.(1) on the lands shall not exceed 560 square metres. 6. BY-LAW 3036 By-law 3036, as amended, is hereby further amended only to the extent necessar~ to give effect to the provisions of this By-law as it applies to the area set out m 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. 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). (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, andany 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 FIRSTAND SECOND TIME THIS 21st DAY OF Septembe, r1992. READ A THIRD TIME AND PASSED THIS 21 st DAY OF September, 1992. MAYOR/ -- WAYNE ARTHURS APPROVED ~S TO FOR~  BRUCE J. TAYLOR ~AB~ OZ BLOCK 56 \ ~ PEAN 4OM- 1480 x,~x~ x LCA-7 PART OF BLOCK 56 ~, P~N 40M BLOCK 55 P~N 40M-1480 SCHEDULE I TO BY-LAW 4080/92 PASSED THIS 21st DAY OF September 1992 MAXIMUM BUILDING ENVELOPE SCHEDULE II TO BY-LAW 4080/92 PASSED THIS 21st DAY OF September 1992