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HomeMy WebLinkAboutBy-law 2822/88 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 2822/88 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 33, Concession 1, in the Town of Pickering. (A 70/87(R); OPA WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the development of commercial and residential uses on the subject lands, being Part of Lot 33, Concession 1, in the Town of Picketing; 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 PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULE I Schedule [ 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 33~ Concession 1, Town of Pickering~ designated "LCA-6" and "OS-HL" 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) "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) "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 officer 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 or profit and having public or private membership; (4) "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; (5) "Commercial School" shall mean a school which is operated ior gain or prolit 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 prolit but shall not include any other school defined herein; (6) "Day Nursery" shah mean lands and premises duly licenced pursuant to the provisions of the Day Nurseries Act, or any successor thereto, and for the use as a facility for the daytime care of children; (7) "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; (8) (a) "Dwelling" shall mean a building or part of a building containing one or more dwelling units, but does not include a mobile home or trailer; (b) "Dwelling Unit" shall mean one or more habitable rooms occupied or capable of being occupied as a single, independent and separate housekeeping unit containing a separate kitchen and sanitary facilities; (c) "Multiple Dwelling-Vertical" - shall mean a building containing three or more dwelling units attached horizontally and vertically by an above grade wall or walls, or an above grade floor or floors, or both; (9) "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; (10) (a) "Floor Area" shall mean the aggregate of the floor areas oi 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 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; (ll) "Food 5tore' shall mean a building or part of a building in which food produce is stored, offered and kept for retail sale to the public in which items or merchandise of day-to-day household necessity may be stored, offered and kept for retail sale to the public; (12) "Laundromat" shall mean a self-serve clothes washing establishment containing washing, drying, ironing, finishing or other incidental equipment; (13) (a) "Lot" shall mean an area of land ironting 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 Frontaae" shall mean the width oi a lot between the side lot lines measured along a line parallel to and 7.5 metres distant from the front lot line; (14) "Personal Service 5hop" 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; -3 - (15) "Place of Amusement or Entertainment" shall mean a building or part of 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 or an adult entertainment parlour as defined in the Municipal Act, R.S.O. 1980, Chapter 302, as amended from time to time, or any successor thereto; (16) "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 musical and theatrical performances, but shall not include a place of amusement or entertainment; ([7) "Private Club" shah mean an athletic, recreational or social club not operated for gain or profit and having private membership; ([8) "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 profit and having public membership~ (20) "Restaurant-Type A" shall mean a building or part of a building where loud 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 of a building in which goods, wares, merchandise, substances, articles or things are stored, kept and offered for retail sale to the public; (22) "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) (a) Uses Permitted ("LCA-6" Zone) No person shall within the lands designated "LCA-6" on Schedule 1 attached hereto use any lot or erect~ alter or use any building or structure for any purpose except the following: (i) bakery (ii) business office (iii) commercial club (iv) commercial-recreational establishment (v) commercial school (vi) day nursery (vii) dry cleaning depot (viii) financial institution (ix) food store (x) laundromat (xi) multiple dwelling - vertical (xii) personal service shop (xiii) place of amusement or entertainment (xiv) place of assembly (xv) private club (xvi) professional office (xvii) public club (xviii) restaurant - type A (xix) retail store (b) Zone Requirements ("LCA-6" Zone) No person shall within the lands designated "LCA-6" 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) SETBACK REQUIREMENTS (minimum): as illustrated on Schedule 1 attached hereto. (ii) BUILDING HEIGHT (maximum): 22.0 metres except in area cross hatched on Schedule I attached hereto where building height (maximum) shall be 6.0 metres. (iii) DWELLING UNIT REQUIREMENTS: A No less than 50 and no more than 78 dwelling units shall be permitted within the area designated "LCA-6" on Schedule I attached hereto. (iv) OPEN STORAGE: all uses~ other than parking, shall take place entirely within enclosed buildings or structures with no outside storage or display. (v) PARKING REQUIREMENIS: 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 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; B For all uses listed in Section 5(l)(a) of this By-law except multiple dwellings - vertical, there shall be provided and maintained on the lot a minimum of 5.0 parking spaces per 100 square metres of gross leasable floor area; C For each dwelling unit there shall be provided and maintained a minimum of l.t4 parking spaces if the dwelling unit contains less than two bedrooms, 1.5 parking spaces if the dwelling unit contains two bedrooms, and 1.6 parking spaces if the dwelling unit contains more than two bedrooms; D Despite Section 5.21.2g) of By-law 3036, as amended, all parking areas shall be surfaced with brick, asphalt or concrete, or any combination thereof; E Sections 5.21.2b), 6.5b) and 6.5c) of By-law 3036, as amended, shall not apply to the lands designated "LCA-6" on Schedule I attached hereto. (vi) SPECIAL REGULATIONS: A No more than one building may be constructed and maintained; B The aggregate of the gross leasable floor areas of all uses listed in Section 5(l)(a) of this By-law except multiple dwellings - vertical shall not exceed 5~110 square metres; C The aggregate of the gross leasable floor areas of all restaurants - type A shall not exceed 15 percent of the aggregate of the gross leasable floor areas of all uses listed in Section 5(l)(a) of this By-law except multiple dwellings - vertical. -5 2. (a) Uses Permitted ("OS-HL" Zone) No person shall within the lands designated "OS-HL" on Schedule I attached hereto use any lot or erect, alter or use any building or structure lot any purpose except the following: (i) the preservation and conservation of the natural environment soil and wildlife. (b) Zone Requirements ("OS-HL" Zone) No buildings or structures shall be permitted to be erected, nor any existing buildings or structures be modified or changed, nor shall the placing or removal of fill be permitted, except where buildings or structures are used only for purposes of flood and erosion control. 6. BY-LAW 3036 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. 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 tine of not more than $20,000; and (b) on a subsequent conviction to a tine 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 ol not more than $25,000 lor 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, and any court ol 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 27th DAY OF June , 1988. READ A THIRD TIME AND PASSED THIS 25th DAY OF June 19 90. M A y O~R~ TOWN OF Wayne Arthurs~ PICKERING APPROVED BRUCE 3. TA/YLOR ' ..... O PARTS 3 8~ 4 LCA-6 I 40M - 1509 / BUILDING SETBACK REQUIREMENTS-SEE SECTION 5(I)(b){I) BUILDING HEIGHT REQUIREMENTS - SEE SECTION 1 SCHEDULE I TO BY-LAW.,, 2822/88 PASSED THIS 25th DAY OF June 1990 MAVO2.R.(,~ayne E. A).~rs) ~ ¢I_ZP~ (Br~ce ~. Taylor) AREA VALL[YVIEI LANDCREST