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Ontario Municipal Board ARTMfNr
• Commission des affaires municipales de ('Ontario
IN THE MATTER OF Section 34 of the
. Planning Act, 1983 �((^^ %.*1 D
11(f014 ,
AND IN THE MATTER OF an appeal by2 319x9
Nugget Construction Co. Limited NOG
against Zoning By-laws 2835/88 and P`CKRING
2833/88 of the Corporation.of the Town Z�WN of o/( '
of Pickering Pti`KSM---'
B E F O R E :
D. H. MCROBB )
Vice-Chairman ) •
) Thursday, the 29th day
- and - )
of June, 1989
C. G. CHARRON )
Member )
•
N p
„
'tr'; THE BOARD ORDERS that its previous order made herein on the 29th day
f�.;9
of June, 1989, and entered in Order Book Number R88-2, at Folio 43,
on the 20th day of July, 1989, is hereby amended by deleting any
reference of "2836/88" therefrom and substituting "2833/88" therefor.
melsommumem
111
DATED at Toronto this 17th day of August, 1989 .
41.1r,..12/61_,._
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SECRETARY 1
ti.h. _71-77N
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, �: AUGz X31989 r. 4. .,li J No. (P3
.I/OWN l.�J'J 2 2 1989
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\ PICKERIN;„. I
. CLERK,3 pipTQ 9
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SECRETARY, Our. 61Ut:CIPAL BW.:i.
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 2836/88
Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to
implement the Official Plan of the Town of Pickering District Planning Area, Region of
Durham, in Part of Lot 24) Concession l, in the Town of Picketing. (A 26/87)
WHEREAS the Council of the Corporation of the Town of Picketing deems it desirable to
permit the establishment of special purpose commercial uses on the subiect lands, being Part
of Lot 24, Concession 1;
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 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 Lot 24~ Concession 1, in
the Town of Picketing, designated "SC-25~ 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) "Body Shop" shall mean an establishment primarily engaged in repairing or painting
vehicle bodies;
(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 pre[nises
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) "Duplicating Shop" shall mean part of a building where such items as letters, plans,
pictures and documents are reproduced by photostating, blueprinting or other similar
methods;
(4) "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;
(5) "Floor Area" shall mean the aggregate of the floor surface contained within the
outside walls of a storey;
(6) "Furniture or Maior Appliance Sales" shall mean an establishment in which furniture,
major appliances or both of them are stored, offered and kept for wholesale or retail
sale;
(7) "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;
-2 -
(8) "Home Improvement Centre" shall mean a building or part of a building used for the
display and wholesale and retail sale of building materials, hardware or accessories
including cabinets, electrical fixtures, carpets, floor coverings, plumbing supplies,
wallpaper, draperies, garden supplies, lumber and swimming pool supplies;
(9) "Light Machinery and Equipment Supplier" shall mean a part of a building in which
office furniture and machines; carpet and drapery cleaning equipment; painting,
gardening and plumbing equipment; small hand and power tools and similar products
are stored, offered or kept for wholesale or retail sale to industrial or commercial
establishments;
(10) (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 tot
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;
(11) "Professional Office" shall mean a building or part of a building in which medical,
iega! 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. 19g0, Chapter 302, as amended from time to
time, or any successor thereto;
(12) "Restaurant Type B" shall mean a building or part of a building where food is
prepared or offered or kept for retail sale to the public for immediate consumption
in the building or buildings on the premises only.
(13) "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.
U#) "Vehicle Sales Shop" shall mean an establishment in which vehicles are displayed for
sale, sold or both.
(15) (a) "Yard" shall mean an area of land wi/ich 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
o[ a lot between the front lot line and the nearest wail 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 o[ 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 Jot 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) "Flankal~e 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 ("SC-25" Zone)
No person shall within the lands designated "SC-25" on Schedule I attached
hereto use any lot or erect, alter or use any building or structure for any
purpose except the following:
(i) business office
(ii) duplicating shop
(iii) financial institution
(iv) furniture or major appliance sales
(v) home improvement centre
(vi) light machinery and equipment suppliers
(vii) professional office
(viii) restaurant, type B
(ix) vehicle repair shop
(x) vehicle sales shop
(b) Zone Requirements ("SC-25" Zone)
No person shall within the lands designated "SC-25" 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) LOT AREA (minimum): 0.5 hectares
(ii) LOT FRONTAGE (minimum): 100.0 metres
(iii) FRONT YARD DEPTH (minimum): lq.0 metres
(iv) INTERIOR SIDE YARD WIDTH
(minimum): 3.0 metres
(v) REAR YARD DEPTH (minimum): 3.0 metres
(vi) GROSS LEASABLE FLOOR AREA
(minimum): 1500.0 square metres
(vii) LOT COVERAGE (maximum): t~0 percent
(viii) BUILDING HEIGHT (maximum): 12.0 metres
(ix) OPEN STORAGE: All uses, other than parking,
shall take place entirely within enclosed buildings or structures with no
outdoor storage or display permitted
(x) PARKING REQUIREMENTS:
A 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 driveway;
B There shall be provided and maintained on the subject lands a
minimum of 7.0 parking spaces per 100 square metres for the first
500 square metres of gross leasable floor area; plus 4.5 parking
spaces per 100 square metres for the next i000 square metres of
gross leasable floor area.
C All parking areas shall be paved.
(xi) SPECIAL REGULATIONS
A No more than one restaurant type a shall be established and shall
not exceed a gross leasable floor area of 375.0 square metres
6. BY-LAW 30B6
(l) 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.
(2) Section ~.21.2(b) of By-law 3036, as amended, shall not apply to the lands designated
"SC-2Y' on Schedule I attached hereto.
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
wl~ic~ 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 fine of not more than $2.%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)o
(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 Aucjustc , 1988.
READ A THIRD TIME AND PASSED THIS 17th DAY OF October , 1988.
.d~l'A YOR
J/JOHN E. ANDERSON ~
~" ~
BRUCE ]. TAYLOR '
TOWN OF
PICKERING
APPROVED
LEGAL DEPT.
SC -25
SCHEDLI_E ! TO BY-LAW 2836/88
PASSED THIS j 17tn
DAY OF October
FRK ( B,RLM~
PROPERTY
LANE