HomeMy WebLinkAboutBy-law 2760/88 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 2760/88
Being a By-law to amend Restricted Area (Zoning) By-law 2.511, as amended, to
implement the Official Plan of the Town of Picketing District Planning Area, Region ol
Durham, in Part of Lot 19, Concession 1, in the Town of Picketing.
(A #6/$7; OPA 87-#8/P)
WHEREAS the Council of the Corporation of the Town of Picketing deems it desirable to
permit the development of certain industrial and commercial uses on Part of Lot 19,
Concession 1, in the Town of Pickering;
AND WHEREAS an amendment to By-law 2511, as amended, is therefore deemed necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING
HEREBY ENACTS AS FOLLOWS:
1. SCHEDULES I AND II
Schedule I and Il 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 Lot 19, Concession 1,
Picketing, designated "MC-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) "Bakery" 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) "Body Shop" shall mean an establishment engaged in repairing or painting vehicle
bodies;
(3) "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 radio or television broadcasting station and
related studios or theatres~ but shall not include a retail store;
"Commercial Club" shall mean an athletic, recreational or social club operated for
gain or profit and having public or private membership;
(5) "Commercial-Recreational Establishment" shall mean a commercial establishment
in which indoor recreational facilities such as bowling alleys, miniature golf courses,
roller skating rinks, squash courts, swimming pools and other similar indoor
recreation facilities are provided and operated for gain or profit, and which may
include an arena or a stadium but shall not include a place of amusement or
entertainment as defined herein;
(6) "Dry Cleaning Depot" shall mean a building or part ota 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;
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(7) "Dry Cleaning Establishment" shall mean a building or part of a building used for dry
cleaning and related processes but does not include a laundromat;
(g) (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
the building below established grade other than that used for retail commercial
or office purposes;
(b) "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;
(9) "Food Preparation Plant" shall mean a building or part of a building in which
processed food products are cooked, baked, mixed, packaged or otherwise prepared
for distribution to retail or institutional outlets;
(10) "Games Arcade" shall mean any building, room or area in which are offered
facilities for the play of:
(a) three or more games of chance;
(b) three or more games of mixed chance and skill, or
(c) a combination of three or more games of chance and games of mixed chance
and skill;
for the amusement of the public, which games are not contrary to the Criminal
Code of Canada, but does not include premises in which the only amusement
facilities offered are pool tables, billiard tables or bowling alleys;
(11) (a) "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 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 Frontage" shall mean the widtt~ of a lot between the side lot lines
measured along a line parallel to and 7.5 metres distant from the front lot line;
(12) "Laundromat" shall mean a self-serve clothes washing establishment containing
washing, drying, ironing, finishing or other incidental equipment;
(13) (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 used 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 processing of wood pulp;
(iv) the production of cosmetics, drugs and other pharmaceutical supplies; or
(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;
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(lt~) "Merchandise Service Shop" shall mean an establishment where articles or goods
including, but not necessarily limited to, business machines, appliances, furniture or
similar Jtems~ are repaired or serviced, and includes the regular place of business of
a master electrician or master plumber, but shall not include a manufacturing plant,
or any establishment used for the service or repair of vehicles or a retail store;
(15) "Place o[ Amusement or Entertainment" shall mean a building in which facilities are
provided for amusement or entertainment purposes, and which may include a billiard
or pool room, a dance hall~ a music hall, or a theatre, but shall not include a games
arcade;
(16) "Place of Assembly" shall mean a building or part o[ 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
musical and theatrical performances, but shall not include a place of amusement or
entertainment;
(17) "Private Club" shall mean an athletic, recreational or social club not operated for
gain or pro[it and having private membership;
(IS) "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, 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;
(19) "Public Club" shall mean an athletic, recreational or social club not operated for
gain or pro[it and having public membership;
(20) "Restaurant-Type At' shah 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;
(21) "Retail Store" shall mean a building or part o[ a building in which goods, wares,
merchandise, substances, articles or things are stored, kept and offered for retail
sale to the public;
(22) "Sales Outlet" shall mean a building or part of a building accessory to a light
manufacturing plant, a merchandise service shop, a food preparation plant or a
warehouse, wherein products manufactured~ produced~ processed, stored~ serviced or
repaired on the premises are kept or displayed for rent or for wholesale or retail
sale, or wherein orders are taken for future delivery of such products;
(23) "Scientific~ Research or Medical Laboratory" shall mean a building or 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;
(2t~) "Vehicle Repair Shop" shall mean an establishment containing facilities for the
repair and maintenance of vehicles on the premises~ in which vehicle accessories are
sold and vehicle maintenance and repair operations are performed in return for
remuneration, but shall not include a body shop or any establishment engaged in the
retail sale of vehicle fuels;
(27) "Vehicle Sales Shop" shall mean an establishment in which vehicles are displayed for
sale~ sold or both;
(26) "Warehouse" shall mean a building or part ota building which is used for 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;
(27) "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;
PROVISIONS
(1) Uses Permitted ("MC-7" Zone)
No person shall within the lands designated "MC-7" on Schedule ] attached hereto
use any lot or erect, alter or use any building or structure for any purpose except
the roi[owing:
(a) bakery
(b) business office
(c) commercial club
(d) commercial-recreational establishment
(e) dry cleaning depot, subject to the provisions of section 5(2)(e)(vii)
(f) dry cleaning establishment
(g) food preparation plant
(h) light manufacturing plant
(i) merchandise service shop
(j) place of assembly
(k) private dub
(l) professional office
(m) public club
(n) restaurant, type A, subject to the provisions of section 5(2)(e)(iii)
(o) sales outlet, subject to the provisions of section 5(2)(e)(vi)
(p) scientific, research or medical laboratory
(q) vehicle repair shop
(r) vehicle sales shop
(s) warehouse
(2) Zone Requirements ("MC-7" Zone)
No person shall within the lands designated "MC-7" on Schedule ] 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 ii
attached hereto
(b) BUILDING HEIGHT (maximum)-' 12 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 useable 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 drivewayl
(ii) There shall be provided and maintained on the subject lands a minimum of:
A 4.5 spaces per 100 square metres gross leasable floor area for the
first #65 square metres; and
B 3.6 spaces per 100 square metres gross leasable floor area for the
next 465 square metres; and
C 2.2 spaces per 100 square metres gross leasable floor area for the
next #65 square metres; and
D 2.4 spaces per 100 square metres gross leasable floor area for the
next 5,110 square metres; less
E 10 percent of the number of parking spaces required under A,B,C
and D above;
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(e) SPECIAL REGULATIONS
(i) No more than one building may be constructed and maintained;
(ii) The gross leasable floor area of the building shall not exceed %590 square
metres;
(iii) No more than one restaurant - type A shall be established and shall not
exceed a gross leasable floor area of 625 square metres;
(iv) All bakeries~ commercial clubs, commercial-recreational establishments, dry
cleaning depots, merchandise service shops, places of assembly, private clubs,
public clubs, restaurant - type A, sales outlets, vehicle repair shops and
vehicle sales shops shall be restricted to those units that front either
Plummet Street or Brock Road;
(v) The aggregate gross leasable floor areas of ali bakeries, business offices,
commercial clubs~ commercial-recreational establishments, dry cleaning
depots, merci~andise service shops, places of assembly, private clubs~
professional offices, public clubs, restaurant - type A, sales outlets, vehicle
repair shops and vehicle sales shops shall not exceed 2,210 square metres;
(vi) Sales outlets are permitted uses only if accessory to food preparation plants,
light manufacturing plants, merchandise service shops, warehouses or
bakeries, and providing the gross leasable floor area of the sales outlet does
not exceed 20% of the gross leasable floor area of the food preparation plant,
light manulacturing plant, merchandise service shop~ warehouse or bakery;
(vii) Dry cleaning depots are permitted uses only if accessory to dry cleaning
establishments and providing the gross leasable floor area of the dry cleaning
depot does not exceed 20% of the gross leasable floor area of the dry
cleaning establishment.
6. BY-LAW 2511
(1) By-law 2511, 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) Delinitions and subject matters not specifically dealt with in this By-law shall be
governed by the relevant provisions of By-law 2511, as amended, except that
subsection 5.21.2 a) and J.21.2 b) shall not apply to the area set out in Schedule 1
attached hereto.
7. ENFORCEMENT
(l) 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 (l).
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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.
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 2nd DAY OF May , 1988.
READ A THIRD TIME AND PASSED THIS 19 th DAY OF September , 1988.
//~OHN E. ANDERSON BRUCE 3. TAYLOR
TOWN OF
PICKERING
APPROVED
LEGAL D£PT.
~ MC-7
0
iii
PLUMMER STREET
SCHEDULE ! TOBY-LAW 2760/88
PASSED THIS 19th
DAY OF Septe. ,tuber 1988
CI~ERK (BRU~CE A/T, )
PLUMMER STREET
SCHEDULE Il TO BY-LAW 2760/88
19 th
PASSED THIS
DAY O~ Sep%ember 1988
~UBJECT
PROPERTY