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HomeMy WebLinkAboutBy-law 2920/88THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 2920/88 Being a By-law to amend Restricted Area (Zoning) 6y-law 3036, as amended, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham, in Part of Lots 21 and 22, Concession 1, in the Town of Pickering. (A 59/87) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to consolidate the various amending zoning by-laws and decisions of the Committee of Adjustmeni into a comprehensive zoning by-law for the subject lands being Part of Lots 21 and 22, Concession l, in the Town of Pickering. AND WHEREAS an amendment to F3y-law 3036, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: l ► c �� SCHEDULES I AND II Schedules I and I[ attached hereto with notations and references shown thereon are hereby declared to be part of this 13y-law. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lots 21 and 22, Concession l, in the Town of Pickering, designated "MCA-l", "MCA-1/GS3", °N(CA-2" and °MCA-2/GS3" on Schedule I attached hereto. GENERAL PROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformiiy with the provisions of this !�y-law. DEFINITIONS In this By-law, (!) "Assembly Hall" shall mean a building or part of a building i� which facilities are provided for purposes such as civic, educational, political, religious or social meetings and which may include an auditorium or a banquet hall; (2) "Automotive Service Station - Type 6" shall mean an establishment where vehicle fuels, luuricants and accessories are offered for retail sale, and where facilities for the repair and maintenance of vehicles may be provided on the premise but shall not include an establishment engaged in repairing or painiing vehicle bodies; (3) "i�akery" shall mean a building or part of a building in which food products are baked, prepared and offered for retail saie, or in which food products baked and prepared elsewhere are offered for retail sale; (4) "�usiness 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 estaolishment, a newspaper publishing office, the premises of a real estate or insurance agent, or a radio or television broadcasting statio� and related studios or theatres, but shall not include a retail store; ��'��s,�C � �ld"ti".�,� �8� /9�y -z - (5) "Clinic" shall mean a public or private medical, surgical physiotherapeutic or other human health treatment facility: (6) "Commercial Club" shall mean an athletic, recreational or social club operated for gain or profit and having public or private membership; (7) "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; (8) "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 oiher school defined herein; (9} "pay Nursery" shall mean lands and premises d�ly 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; (10) "Dry Cleanin� 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; UQ "Dry Cleaning Establishment - Non-ventinQ" shall mean a building where a dry cleaning plant, with a dry weight capacity of 60 pounds which does not vent gases or odours and is operated separately or in association with dry-dyeing, cleaning, laundering, pressing or incidental tailoring or repair of ariicles or goods of fabric is carried on, in which only non-flammable fabrics are or can be used which do not omit noxious odours or fumes and in which no noise or vibration causes a nuisance to neighbouring premises; (12) "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; (13) "Floor Area" shall mean the aggregate of the floor surface contained within the outside walls of a storey; (14) "Floor Space Index" shall mean the ratio of the aggregaie of the floor areas of all buildings and structures within a defined land area to the area of the defined land area. (l5) "Food Store° shall mean a building or part of a building in which food, produce and other items or merchandise of day-to-day household necessity are storeci, offered and kept for retail sale to the public; Q6) "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; (17) "Gross Leasa�le 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 exclucling storage areas below established grade; - 3 - (18) °Laundromat" shall mean a self-serve clothes washing establishment co�taining washing, drying, ironing, finishing or other incidental equipment; �i il (19) °Lot" shall mean an area of land fronting on a street which is used orintended to be used as the site of a buiiding, or a group of buildings, as the case may be, together I 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; � (20) "Mechanical Car Wash" shall mean an establishment where facilities are provided for the washing and cleaning of vehicles using production line methods employing I! mechanical devices wholly enclased within a building; II (21) "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, I, 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; II (22) "Place of Amusement or Entertainment" shall mean a building or part of a building Il�i 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 ii not include an adult entertainment parlour as defined in the Municipal Act, R.S.O. 1980, Chapter 302, as amended from time to tiem, or any successor thereto; (23) "Private Club" shall mean an athletic, recreational or social dub not operated for II�, gain or profit and having private membership; i I (24) "Professional Office" shall mean a building or part of a building in which medical, legal or other professionat service is performed or consultation given, and which i 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; (25) "Public Club" shall mean an athletic, recreational or social dub not operated for I� gain or profit and having public membership; j. (26) "Public Transportation Uses" shall mean the use of land or buildings for the I operation of a bus transportation system which is provided by or under the control of a public authority. (27) "RestauraM-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 'i on the premises or off the premises, or both on and off the premises; (28) "Retail Store" shall mean a b�ilding or part of a building in which goods, wares, merchandise, s�bstances, articles or things are stored, kept and offered for retaii � sale to the public; (29) "Structure HeiRht" shall mean the vertical distance between the established grade and the highest point of the structure; (30) "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; (3l) "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 ("MCA-1" and "MCA-2" Zones) No person shall wiihin the lands designated "MCA-1" and "MCA-2" on Schedule 1 attached hereto use any lot or erect, alier or use any building or structure for any purpose except the following: (i) (ii) (iii) (iv) ( v) (vi) (vii) (viii) (ix) (x) (xi) (xii) (xiii) (xiv) (xv) (xvi) (xvii) (xviii) (xix) (xx) (xxi) (xxii) (xxiii) -4 - assembly halls bakeries business offices dinics commercial clubs commercial-recreational establishmeMs commercial schools day nurseries dry cleaning depots dry cleaning establishments - �on-venting financialinstitutions food stores game arcades laundrornats personal service shops places of amusement or entertainment private clubs professional offices public clubs public transportation uses restaurants-type A retail stores vehicle repair shops (b) Permitted Uses ("NICA-1(G53" and "MC;A-2(GS3° Zones) No person shall within the lands designated "MCA-1/G53" and "MCA-2/GS3" 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) all uses per�nitted in Section 5(1)(a) (ii) automobile service station - type B (iii) mechanical car wash (2) (a) Zone Requirements (":�ICA-1", A7CA-1/GS3", "MCA-2" and "MCA-2/GS3" �ones) No person shall within the lands designated "MCA-1", "MCA-1/GS3", "MCA-2" and MCA-2/GS3" 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) YARD SETBACKS (minimum): (ii) BUILDING HEIGHT (maximum): (iii) FLOOR SPACE INDCX: as itlustrated on Schedule [I attached hereto 23.0 metres A For the purpose of calculating floor space index each area designaied on Schedule I attached hereto shall constitute a separate "defined land area". 6 Maximum floor space index for each defined land area designated on Schedule I attached hereto shall 6e 2.5, C Despite the definition of Floor Space Index in Section 4(14) of this 6y-law, the floor area of any floor of a parking structure which is below grade on all sides shall not be included in the calculation of floor space index. (iv) OUTDOOR SALES AND DISPLAY: despite the definition of Retail Store in Section 4(28) of this By-law, an outdoor sales and display area of not more than 650.0 square metres may be established and maintained in conjunction with and as accessory to any retail store having a gross leasable floor area in excess of 7,400.0 square metres. (v) 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 not less than 5.3 metres i� length, for the teinporary parking of a vehicle, but shall not include any portion of a parking aisle or driveway; -5 - F3 On the lands designated "MCA-1" on Schedule I attached hereto, there shall be provided and maintained a minimum of 5.0 parking spaces for each 100.0 square metres or part thereof of gross leasable floor area of those lands, with the exception of tenant storage areas located away from the tenant's primary leased area in the building; C On the lands designaied "MCA-1/GS3", "MCA-2" and "MCA-2/GS3" on Schedule I attached hereto, for all uses identified in Section 5(I)(a) of this By-law, there shall be provided and maintained on the lot a minimum of 5.0 parking spaces for each 100.0 square metres or part thereof of gross leasable floor area, with the exception of tenant storage areas located away from the tenant's primary leased area in the building; D For automobile service station - type B and mechanical car wash uses, there shall be provided and maintained on the lot a minimum of 4.0 parking spaces per 100.0 square rnetres or part thereof of gross leasable floor area; E For any mechanical car wash on the lot, ihere shall be provided and maintained at each vehicular entrance thereto a vehicular stacking area consisting of an aisle with a minimum perpendicular width of 3.0 metres, a minimum overall length of 60.0 metres, and a minimum centre-line turning radius of 7.5 metres for the purpose of accommodating a vehicular queue. F All parking areas shall be surfaced with brick, asphalt or concrete, or any combination thereof; G All parking areas shall be set back a minimum of 3.0 metres from any road allowance and the lands which consiitute this setback shall be used forlandscape purposes; H Ail two-way parking aisles shall have a minimum perpendicular width of 6.5 meires, which shall not include any portion of a parking space. I Any parking structure or part thereof which is below grade on all sides shall comply with the provisions of Section 5(2)(a)(v)G of this By-law; J l'he maximum structure height for all parking structures shall be 10.0 metres; li A shelter, not rnore than 3.5 metres in height and having a floor area less than 6.5 square metres, may be erecied in a parking area for the use of parking lot attendants and must comply with the minimum yard setbacks of Section 5(2)(a)(i) of this By-law. (vi) SPECIAL REGULAT[ONS: A All business office and professional office uses in a building shall not exceed 10 percent of the gross leasable floor area of that building; B No building, except when used as a mechanical car wash, parking attendant's shelter, or a kiosk associated with an automobile service station - type 6, shall have a floor area of less than 400.0 square metres. C A vehicle repair shop may only be permitted in conjunction with and as accessory to any retail store having a gross leasable floor area in excess of 7,400.0 square metres. 6. 7. � -6 - BY-LAW 3036 (1) 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 specificalty deali with in this By-law shall be governed by the relevant provisions of By-law 3036, as amended. (2) Sections 5.21.2(a), 5.21.2(b), 5.21.2(d), 5.21.2(e), 5.21.2(f), 5.21.2(i), and 5.21.2(k) of By-law 3036, as amended, shall not apply to the lands designated "MCA-I", "MCA-l/GS3", "MCA-2", and "MCA-2/GS3" on Schedule [ attached hereto. (3) By-laws 1581/82, 1696/83, ll57/83, and 2472/87 which amended 6y-law 3036 are hereby revoked. ENFORCEMENT (1) (2) 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 ihe day on which he was first convicted. Where a corporation is convicted under subsection (I), 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). (3) Where a conviction is entered under subsection (l), in addition to any other remedy or penalty by law, the court in which the conviction has been entered, and any court of co m petent 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 PIKST AND SECOND TIME THIS llth DAY OF READ A THIk2D TIME AND YASSED THIS llth DAY OF JOHN i:. ANDERSON � DRUCE J. TAYLUR October 1988. October , 1988. C Q • O K : r DELINEATES ZONE BOUNDAHV AND "DEFINEO LAND AREA� BOUNDARY SCHEDULE I TO BY-LAW 292o/ss PASSED THIS llth DAY UF october � i YOR ( J N E. ANDE ,% /;, / CLERK ( DR CE TAYL FIZ7 �_ R) N � 0 � � � W > J PR;n._. NOTE � DIMENSIONS SHOWN INDICATE REOUIRED MINIMUM YARD SETBACKS. SCNEDULE II TO BY-LAW PASSED TNIS llth DAY OF october �gpfl 2320/8� N � � O / � /y����� � ��� �.� �-�� ��� �� �%� — c� ��. � �.� � �� � ��� � � /� .5' �?� /��� � � � � — � ��� �� ��.� ��� ��� ��✓��� , ��� '✓c ���`� w� ✓� ��,,�� ���� /Uc /� -5 - B On the lands designated "MCA-l" on Schedule I attached hereto, there shall be provided and maintained a minimum of 5.0 parking spaces for each 100.0 square metres or part thereof of gross leasable floor area of those lands, with the exception of tenant storage areas located away from the tenant's primary leased area in the building; C On the lan�s designated "MCA-1/GS3", "MCA-2" and °MCA-2/GS3" on Schedule I attached ncr..to; for all uses identified in Section 5(D(a) of this By-law, there shall be prov,..ed and mainiained on the lot a minimum of 5.0 parking spaces for each lUU.0 square metres or part thereof of gross leasable floor area, with the excepu�,. of tenant storage areas located away from the tenant's primary leased area in c��� building; D For automobile service station - type B and mechanical car wash uses, there shall be provided and maintained on the lot a minimum of 4.0 parking spaces per 100.0 square metres or pari thereof of gross leasable floor area; E For any m echanical car wash on the lot, there shall be provided and maintained at each vehicular entrance thereto a vehicular stacking area consisting of an aisle with a minimum perpendicular width of 3.0 metres, a minimum overall length of 60.0 metres, and a minimum cenire-line turning radius of 7.5 metres for the purpose of accommodating a vehicular queue. F All parking areas shall be surfaced with brick, asphalt or concrete, or any combination thereof; � � G All parking areas shall be set back a minimum of 3.0 metres for any road allowance and the lands which constitute this setback shall be used for landscape purposes; H All two-way parking aisles shall have a minimum perpendicular width of 6.5 metres, which shall not include any portion of a parking space. I Any parking structure or part thereof which is below grade on all sides shall comply with the provisions of Section 5(2)(a)(v)G of this By-law; J The maximum siructure height for all parking structures shali be 10.0 metres; K A shelier, not more than 3.5 metres in height and having a floor area less than 6.5 square metres, may be erected in a parking area for the use of parking lot attendants and must comply with the minimum yard setbacks of Section 5(2)(a)(i) of this By-law. (vi) SPECIAL REGUL,4TION5: A All business office and professional office uses in a building shall not exceed l6 percent of the gross leasable floor area ot that buitding; B No buildipg, except when used as a mechanical car wash, parl,ing attendant'S shelter, or a kiosk associated with an automobile service station - type B, shall have a floor area of less than 400.0 square metres. C A vehicle repair shop may only be permitted in conjunction with �.nd as accessory to any retail store having a grossleasable floor area in �:xcess of 7,400.0 square metres. ,r � s � �' ! f �' �! t � �. ��.� � ' '�. � � P / r t_,, r (d`....iC�.� '�.e k�� �� i �,3 -5 - B On the lands designated "MCA-l" on SchedWe [ attached hereto, there shall be provided and maintained a minimum of 5.0 parking spaces for each 100.0 square metres or part thereof of gross leasable floor area of those lands, with the exception of tenant storage areas located away from the tenant's primary leased area in the building; C On the lai�.,� designated "MCA-1/GS3", "MCA-2" and "MCA-2/GS3" on Schedule I attached her�to, for all uses identified in Section 5(1)(a) of this By-law, there shall be prov,..ed and maintained on the lot a minimum of 5.0 parking spaces for each lUU.� quare metres or part ihereof of gross leasable floor area, with e excepu��. of tenant storage areas Located away from the tenant's rimary leased area in u�� building; D For automobile service station - type B a mechanical car wash uses, there shall be provided and maintained n the lot a minimum of 4.0 parking spaces per 100.0 square inetres o part thereof of gross leasable floor area; E For any mechanical car wash on maintained at each vehicular entr. consisting of an aisle wiih a r metres, a minimum overall len� centre-line turning radius of accommodating a vehicular queue� [� lot, there shall be provided and i thereto a vehicular stacking area im u m perpendicular width of 3.0 i of 60.0 metres, and a minimwm 7.5 metres for ihe purpose of F All parking areas shall be surf ced with brick, asphalt or concrete, or any combination thereof; G All parking areas shall be s t back a minimum of 3.0 metres for any road allowance and the land which constitute this setback shall be used for landscape purposes; H All two-way parking aisles shall have a minimum perpendicular width of 6.5 metres, which shall no include any portion of a parking space. I Any parking structure o part thereof which is below grade on all sides shall comply with the pr visions of Section 5(2)(a)(v)G of this By-law; 7 The maximum structur� height for all parking structures shall be 10.0 metres; / K A shelter, not more han 3.5 metres in height and having a floor area less than 6.5 square metres, may be erected in a parking area for the use of parking lot ttendants and must comply with the minimum yard setbacks of Sectio 5(2)(a)(i) of this By-law. (vi) SPEC[AL REGULATIQJNS: A All business office and professional office uses in a building shall not exceed l0 percent of the gross leasable floor area of that building; 0 C No building, except when used as a mechanical car wash, parl:ing attendant's shelter, or a kiosk associated with an automobile service station - type B, shall have a floor area of less than 400.0 square metres. A vehicle repair shop may only be permitted in conjunction with � nd as accessory to any retail store having a gross leasable floor area in cxcess of 7,400.0 square metres.