HomeMy WebLinkAboutBy-law 2674/88 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 2674/88
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 of Lots 17, 18~ 19 and
20, Concession 5, and Part of Lots 18~ 19, 20 and 21, Concession 6, in the
Town of Picketing. (A 3/88)
WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to
permit the establishment of residential~ commercial~ industrial~ automobile service station~
cemetery~ community and agricultural uses on Part of Lots 17~ 18, 19 and 20, Concession 5, and
Part of Lots 18, 19~ 20 and 21, Concession 6~ 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. SCHEDULE I
Schedule I attached hereto with notations and references shown thereon is 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 of Lots 17, 18~ [9 and 20~
Concession 5~ and Part of Lots 18~ 19~ 20 and 21~ Concession 6~ in the Town of Picketing,
designated "HMR2", whether or not that designation is accompanied by any bracketed
symbol, "HMCI", 'HMC2"~ "HMI", "GS3", "CU", "CEM-2"~ "CEM-2/HMR2" and "A" 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.
#. DEFINITIONS
In this By-law,
(1) "Art Gallery" shall mean a building or part of a building used for the public or
private exhibition of collections of paintings and other works of art devoted
primarily to the recreation or education of the public~ whether or not the same are
for sale;
(2) "Automobile Service Station - Type C" shall mean an establishment where vehicle
fuels~ lubricants and accessories are offered for retail sale and where facilities for
the repair and maintenance of vehicles may be provided on the premises and may
include a car wash but shall not include a body shop, as defined herein;
(3) "Bakery" shall mean a building or part of a building in which food products are
baked, prepared and offered for retail sal% or in which food products baked and
prepared elsewhere are offered for retail sale;
(#) "Body Shop" shall mean an establishment engaged in repairing or painting vehicle
bodies;
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(5) "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, 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 radio or television broadcasting station and
related studios or theatres, but shall not include a retail store;
(6) (a) "Cemetery" shall mean land that is set apart or used for the interment of the
dead or in which human bodies have been buried;
(b) "Cemetery Administrative Office" shall mean a building or part of a building in
which the management or direction of a cemetery is carried on~
(c) "Cemetery Equipment Building" shall mean a building or part of 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;
(7) "Commercial Club" shall mean an athletic, recreational or social club operated for
gain of profit and having public or private membership~
(S) "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;
(9) "Community Use" shall mean a public use or facility serving residents of an area,
such as a community centre, a fire hall, a library, a neighbourhood park, a police
station and a postal station;
(10) "Dry Cleaning Depot" shall mean a building or part of a building used for the purpose
of receiving articles, goods~ or fabrics to be subjected to dry cleaning and related
processes elsewhere, and of distributing articles, goods or fabrics which have been
subjected to any such processes;
(11) "Financial Institution" shall mean a building or part of a building in which money is
deposited, kept, lent or exchanged, and which includes a chartered bank or a branch
thereof;
(12) "Forestry Service Establishment" shall mean an establishment in which the
management or direction of a forestry service business is carried out, and in which
chain saws may be sharpened and repaired;
(13) "Laundromat" shall mean a self-serve clothes washing establishment containing
washing, drying, ironing, finishing or other incidental equipment;
(1#) (a) "Manufacturing Plant" shall mean a building or part of a building in which is
carried on any activity or operation pertaining to the making of any article, and
which shall include altering, assembling, polishing, washing, packing, adapting
for sale, breaking up or demolishing the said article;
(b) "Light Manufacturing Plant" shall mean a manufacturing plant use for:
(i) the production of apparel and finished textile products other than the
production of synthetic fibres;
(ii) printing or duplicating;
(iii) the manufacture of finished paper other than the processing of wood
pulp;
(iv) the production of cosmetics, drugs and other pharmaceutical supplies;
OF
(v) the manufacture of finished lumber products, light metal products,
electronic products, plasticware, porcelain, earthenware, glassware, or
similar articles, including but not necessarily restricted to, furniture,
housewares, toys, musical instruments, jewellery, watches, precision
instruments, radios and electronic components.
(13) "Neighbourhood Store" shall mean a retail store having a gross floor area of not
more than ~00 square metres in which food, drugs, periodicals or similar items of
day-to-day household necessity are kept for retail sale to residents of, or persons
employed in the immediate neighbourhood;
(16) "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. 1980, Chapter 302~ as
amended from time to time, or any successor thereto;
(17) "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;
(18) "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;
(19) "Professional Office" shall mean a building or part of a building in which medical,
legal or other professional service is performed or consultation given~ and which
may include a clinic, the offices of an architect, a chartered accountant, and
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;
(20) "Public School" shall mean,
(a) a school under the jurisdiction of a board of education which board is
established pursuant to The Education Act, 19711, or any successor thereto;
(b) a college of applied arts and technology established pursuant to The Ministry of
Colleges and Universities Act, 197l, or any successor thereto;
(c) a university eligible to receive provincial funding from the Minister of Colleges
and Universities, pursuant to The Universities Act, 197l, or any successor
thereto;
(21) "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 consumption
on the premises or off the premises, or both on and off the premises;
(22) "Retail Store" shall mean a building or part of a building in which goods~ wares,
merchandise, substances, articles or things are stored, kept and offered for retail
sale to the public;
(23) "Scientific~ Research or Medical Laboratory" shall mean a building ar part of a
building wherein scientific, research or medical experiments or investigations are
systematically conducted, and where drugs, chemicals, glassware or other
substances or articles pertinent to such experiments or investigations may be
manufactured or otherwise prepared for use on the premises;
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(24) "Warehouse" shall mean a building or part of a building which is used lor the housing,
storage, adapting for sale, packaging, or wholesale distribution of goods, wares,
merchandise, food-stuffs, substances, articles or things, and includes the premises of
a warehouseman but shall not include a fuel storage tank except as an accessory use;
(23) (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
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 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;
(h) "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;
(i) "Interior Side Yard" shall mean a side yard other than a flankage side yard.
5. PROVISIONS
(1) (a) Uses Permitted ("HMR2" Zone)
No person shall within the lands designated "HMR2" on Schedule I attached
hereto use any lot or erect, alter or use any building or structure for any
purpose except the following:
(i) detached dwelling residential uses
(b) Zone Requirements ("HMR2" Zone)
No person shall within the lands designated "HMR2" on Schedule I attached
hereto use any lot or erect, alter or use any building or structure except in
accordance with the following provisions:
(i) LOT AREA (minimum): 3,000 square metres
(ii) LOT FRONTAGE (minimum): 30 metres
(iii) FRONT YARD DEPTH (minimum): 9.0 metres
(iv) INTERIOR SIDE YARD WIDTH (minimum): 2.4 metres
(v) FLANKAGE SIDE YARD WIDTH (minimum): 2.4 metres
(vi) REAR YARE) DEPTH (minimum): 9.0 metres
(vii) LOT COVERAGE (maximum): 20 percent
(viii) BUILDING HEIGHT (maximum): 12 metres
(ix) DWELLING UNIT REQUIREMENTS:
A maximum number of dwelling units
per lot: one
B minimum floor area per dwelling 95 square metres
unit:
(x) PARKING REQUIREMENTS:
A 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 a vehicle~ but shall not
include any portion of a parking aisle or driveway;
B For each detached dwelling there shall be provided and maintained on
the lot a minimum I parking space;
C Subsection 7.# of By-law 3037~ as amended~ shall apply to the lands
designated 'HMR2' on Schedule I.
(c) Exceptions
(i) Despite the minimum lot area and lot frontage provisions of subsections
5.(l)(b)(i) and 5.(l)(b)(ii), a detached dwelling and uses accessory thereto may be
erected~ altered or used on a lot which existed on the date of the passing of
this by-law providing:
A such lot has a minimum lot area of 1~390 square metres and a minimum lot
frontage of 22 metres; or
B such lot has been granted a variance by the Committee of Adjustment to
the minimum requirements for lot area and lot frontage~ which variance
permits the erection~ alteration or use of a detached dwelling on the lot.
(d) Special Regulations ('(HMC3)" Symbol)
On lands where the '~HhgR2~' designation of Schedule I is followed by the symbol
"(HMC3)" the following regulations shall apply:
(i) In addition to the uses specified in subsection 5.1(a) and providing a dwelling
unit exists on the lot~ the following use shall be permitted on the lot:
A forestry service establishment
(ii) All zone requirements of subsection 5.(l)(b) shall apply~ except that if one or
more forestry service establishments are established:
A despite subsection 5.(l)(b)(x)B, there shall be provided and maintained on
the lot~ in addition to a minimum I parking space for the dwelling unit~ a
minimum of 3.0 parking spaces per 100 square metres gross floor area
forestry service establishment;
(iii) The gross floor area of all forestry service establishments on the lot shall not
exceed 25 percent of the gross floor area of the dwelling unit.
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(2) (a) Uses Permitted ("HMCI" Zone)
No person shall within the lands designated "HMCI" on Schedule I attached
hereto use any lot or erect~ alter or use any building or structure tot any
purpose except the tollowing:
(i) bakery
(ii) business otfice
(iii) church
(iv) commercial club
(v) commercial school
(vi) community use
(vii) dry cleaning depot
(viii) financial institution
(ix) laundromat
(x) neighbourhood store
(xi) personal service shop
(xii) professional office
(xiii) restaurant ~ type A
(xiv) retail store
(b) Zone Requirements ("HMCI" Zone)
No person shall within the lands designated "HMCI" on Schedule I attached
hereto use any lot or erect~ alter or use any building or structure except in
accordance with the following provisions:
(i) LOT AREA (minimum): 1,390 square metres
(ii) LOT FRONTAGE (minimum): 22 metres
(iii) FRONT YARD DEPTH (minimum): 9.0 metres
(iv) INTERIOR SIDE YARD WIDTH (minimum): hSmetres
(v) FLANKAGE SIDE YARD WIDTH (minimum):l.g metres
(vi) REAR YARD DEPTH (minimum): 9.0 metres
(vii) LOT COVERAGE (maximum): 25 percent
(viii) BUILDING HEIGHT (maximum): 12 metres
(ix) OPEN STORAGE: no open storage shall be
permitted in any yard
(x) PARKING REQUIREMENTS:
A 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 .%3 metres in
length~ for the temporary parking of a vehicle~ but shall not include
any portion of a parking aisle or driveway;
For churches~ there shah be provided and maintained on the lot a
minimum I parking space per ~ persons capacity;
C For all other uses permitted by subsection 5.(2)(a), other than
community uses~ there shall be provided and maintained on the lot a
minimum t~.0 spaces per 100 square metres gross floor area used or
intended to be used by such uses;
D Subsections 5.19.2a)~ 5.19.2b) and 5.19.2k) of 13y-law 3037, as amended~
shah not apply to the lands designated "HMCI" on Schedule I.
(3) (a) Uses Permitted ("HMC2" Zone)
No person shall within the lands designated "HMC2' on Schedule ! attached
hereto use any lot or erect, alter or use any building or structure for any
purpose except the following:
(i) art gallery
(b) Zone Requirements ("HMC2' Zone)
No person shall within the lands designated "HMC2" on Schedule 1 attached
hereto use any lot or erect, alter or use any building or structure except in
accordance with the following provisions:
(i) FRONT YARD DEPTH (minimum): 9.0 metres
(ii) INTERIOR SIDE YARD WIDTH (minimum): 1.8 metres
(lid REAR YARD DEPTH (minimum): 9.0 metres
(iv) LOT COVERAGE (maximum): 23 percent
(v) BUILDING HEIGHT (maximum): 12 metres
(vi) OPEN STORAGE: no open storage shall be
permitted in any yard
(vii) PARKING REQUIREMENTS:
A 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 3.3 metres in
length, for the temporary parking of a vehicle, but shall not include
any portion of a parking aisle or driveway;
B There shall be provided and maintained on the lot a minimum of ti.0
parkng spaces per 100 square metres gross floor area art gallery;
C Subsections 3.19.2a), 5.19.2b) and 3.19.2k) of By-law 3037, as amended,
shall not apply to the lands designated "HMC2" on Schedule I.
(4) (a) Uses Permitted ("HMI" Zone)
No person shall within the lands designated "HMI" on Schedule I attached hereto
use any tot or erect, alter or use any building or structure for any purpose
except the following:
(i) business office
(ii) light manufacturing plant
(iii) professional office
(iv) scientific, research or medical laboratories
(v) warehouse
(b) Zone Requirements ("HMI" Zone)
No person shall within the lands designated 'HMI" on Schedule I attached hereto
use any lot or erect, alter or use any building or structure except in accordance
with the following provisions:
(i) LOT AREA (minimum): ~,000 square metres
(ii) LOT FRONTAGE (minimum): 30 metres
(iii) FRONT YARD DEPTH (minimum): 9.0 metres
(iv) INTERIOR SIDE YARD WIDTH (minimum): 3.0 metres
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(v) FLANKAGE SIDE YARD WIDTH (minimum): 3.0 metres
(vi) REAR YARD DEPTH (minimum): 9.0 metres
(vii) LOT COVERAGE (maximum): 33 percent
(viii) BUILDING HEIGHT (maximum): 12 metres
(ix) OPEN STORAGE: no open storage shall be
permitted in any yard
(x) PARKING REQUIREMENTS:
A 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 a vehicle, but shall not include
any portion of a parking aisle or driveway;
B For business offices and professional offices, there shall be provided
and maintained on the lot a minimum #.0 parking spaces per i00 square
metres gross floor area business office and professional office;
C For all other uses permitted by subsection 5.(#)(a) there shall be
provided an maintained on the lot a minimum I parking space per 56
square metres gross floor area used or intended to be used by such uses;
D Subsections 5.19.2a), 5.19.2b) and 5.19o2k) of By-law 3037, as amended,
shall not apply to the lands designated 'HMI' on Schedule 1.
(5) (a) Uses Permitted ("GS3" Zone)
No person shall within the lands designated 'GS3' on Schedule I attached hereto
use any lot or erect, alter or use any building or structure for any purpose
except the following:
(i) automobile service station ~ type C
(b) Zone Requirements ("GS3' Zone)
No person shall within the lands designated "GS3" on Schedule I attached hereto
use any lot or erect, alter or use any building or structure except in accordance
with the provisions of section 5.17 of By-law 3037, as amended, and the
iollowing provisions:
(i) OPEN STORAGE: no open storage shall be
permitted in any yard
(ii) PARKING REQUIREMENTS:
A 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 a vehicle, but shall not include
any portion of a parking aisle or driveway;
B There shall be provided and maintained on the lot minimum of t~.0
parking spaces per 100 square metres gross floor area automobile
service station - type C;
C Subsections 5.19.2a), ~.19.2b) and 5.19.2k) of By-law 3037, as amended,
shall not apply to the lands designated 'GS3" on Schedule I.
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(6) (a) Uses Permitted ("CEM-2" and "CEM-2/HMR2" Zones)
No person shall within the lands designated "CEM-2" and "CEM-2/HMR2" on
Schedule ] attached hereto, use any lot or erect, alter or use any building or
structure for any purpose except the following:
(i) on the lands designated "CEM-2"
A cemetery
B cemetery administrative office
C cemetery equipment building
(ii) on the lands designated "CEM-2/HMR2"
A all uses permitted in subsection 5.(6)(a)(i)
B detached dwelling residential uses
(b) Zone Requirements ("CEM-2/HMR2" Zone)
No person shall within the lands designated "CEM-2/HMR2" on Schedule [
attached hereto use any lot or erect, alter or use any building or structure for
detached dwelling residential uses except in accordance with the provisions of
subsection 5.(l)(b).
(7) Uses Permitted ("CU" Zone)
No person shall within the lands designated "CU" on Schedule 1 attached hereto use
any lot or erect, alter or use any building or structure for any purpose except the
following:
(i) community use
(g) Uses Permitted ("A" Zone)
No person shall within the lands designated "A" on Schedule I attached hereto use
any lot or erect, alter or use any building or structure for any purpose except in
accordance with Section 6 of By-law 3037, as amended.
6. BY-LAW 3037
By-law 3037, as amended, is hereby further amended only to the extent necessary to give
effect to the provisions ot 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 3037, 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 (l), 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 tine 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).
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(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.
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 15th DAY OF February , 1988.
READ A THIRD TIME AND PASSED THIS 15~h DAY OF February , 1988.
SCHEDULE ! TOBY-LAW
PASSED THIS
OAY OF ]~eb~:ua~:y ,. 1988
AYOR ( J~ E. ~DERS~/
/CLERK { BRUC~ &~TAY~R
PAGE I Of 2
HMR2
cu ~
""" HMR2
HMC1
HIGHWAY No. 7
~ "MC1 -"' "MC1 ;I
HMR2
SPRING ST.
---:0% ,,,., HMR2
SCHEDULE ! TOBY-LAW 2674/88
PAGE 2 Of 2
HAMLET OF BROUGHAM
SUBJECT LANDS