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HomeMy WebLinkAboutBy-law 2953/88-i- THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 2953/88 Being a By-law to amend Restricted Area (�oning) L3y-law 3036, as amended, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham, in Part of 61ock 6, Plan M-998 (Parts 9, 10, ll and 12, Plan 40R-2526), in the Town of Pickering. ( A 7/88) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable io revise the parking dimensional requirement and provide a range of perrnitted uses for the subject lands being Part of 13lock E3, Plan M-998 (Paris 9, 10, 11 and 12, Plan 40R-2526), in the Town of Pickering. AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF 'fHE CORPORATION OF THE TOWN OF PICKER[NG HEREBY ENACTS AS FOLLOWS: SCHEDULEI Schedule 1 attached hereto with notations and references shown thereon is hereby declared to be part of this 13y-law. 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Block E3, Plan 40M-998 (Parts 9, 10, ll and l2, Plan 40R-2526), in the Town of Pickering, designated "A1CA-3" 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 6y-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) "6usiness 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 indude 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; (3) "Clinic" shall mean a public or private medical, surgical physiotherapeutic or other human health treatment facility; � .� j% � / / -Z- (4) "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 elsew here, and of distributing articles, goods or fabrics which have been subjected to any s�ch processes; (5) "Dry Cleanin� 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 articles 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; (6) "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; (7) (a) "Floor Area" shall mean the aggregate of the floor surface contained within the outside walls ot a storey; (b) "Gross Leasable Floor Area" shall mean the aggregaie of the floor areas of all storeys above or below esiablished grade, desig�ed for owner or tenant occupancy or exclusiveuse only, but excluding storage areas below established grade; (8) "Gross Retail and Personal Service Floor Area" shall mean the gross retail and personal service floor space contained in all buiidings and siructures on ihe lot, as such space is defined in Section 8.2.2 of the Official Plan of the R egional Municipality of Durham, as amended from time to time, or any successor thereto; (9) "Home Improvement Centre" shall mean a building or part of a building used for the display and w holesale and retail sale of building materials, hard ware or accessories, including cabinets, electrical fixtures, carpets, floor coverings, plum bing supplies, wallpaper, draperies, garden supplies, lumber and swimrning pool supplies; (10) °Laundromat" shall mean a self-serve clothes washing establishment containing washing, drying, ironing, finishing or other incidental equipment; (11) "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 m ay be, together with any accessory buildings or structures, or a public park or open space area, regardless of w heiher or not such lot constitutes the whole of a lot or block on a registered plan of subdivision; (12) "Merchandise Service Shop" shall mean an establishment where articles or goods including, but not necessarily limited to, business machines, appliances, furniture or similar items are repaired or serviced, and includes the regular place of business of a master electrician or master plumber, bui shall not include a manufacturing plant or any establishmeM used for the service or repair of vehicles or a retail store; (13) "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 \Aunicipal Act, R.S.O. 1980, Chapter 302, as amended from time to time, or any successor thereto; (14) "Professional Office" shall mean a building or part of a building in which medical, legal or other professional service is perform ed 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; 5. -3- (15) "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 prernises; (16) "Ketail 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; (17) "Structure Height" shall mean the vertical distance between the esiablished grade and the highest point of the structure; (18) "Yard" shall mean an area of land which is appurtenant to and located on the same lot as a building or str�cture and is open, uncovered and unoccupied above ground except for such accessory buildings, structures, or other uses as are specifically permitted thereon; PROVISIONS (I) (a} Uses Permitted (°MCA-3") No person shall within the lands designated "MCA-3" on Schedule I attached hereto use any lot or erect, alter 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) bakery business office clinic dry cleaning depot dry cieaning establishment - non-venting financialinstitution home improvement centre laundromat merchandise service shop personal service shop professional office restaurant, type A retail store (2) (a) Zone Req�irements ("MCA-3" Zone) No person shall within the lands designated "NiC A-3" 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 SET6ACK5 (minimum): as illustrated on Schedule I attached hereto (ii} BUILDING HEIGHI' (maximum): (iii) LOT COVEktAGE (maximum): (iv) OUTDOOR STOEZAGE OR DISPLAY: display shall be permitted in any yard. (v) PARKI[`dG L2EQUIRE[�IEP�"PS: 7.6 metres 33 percent no outdoor storage or 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 indude any portion of a parking aisle or driveway; B 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; -4- C Sections 5.21.2a) and 5.21.2b) of 13y-law 3036, as amended, shall not apply to the lands designated "MCA-3" on Schedule I hereto; D All parking areas shall be set back a minimum of 3.0 metres from any road allowance and the lands which constitute this setback shall be used for landscape purposes; E Despite Section 5.21.2g) of By-law 3036, as amended, all parking areas shall be surfaced with brick, asphalt or concrete, or any combinatio� thereof; (vi) SPECIAL REGULA"1'IONS: A The gross retail and personal service floor area of all buildings on the lands designated "MCA-3" on Schedule I hereto shall not exceed 2,700 square metres; B The gross leasable floor area of all Restaurants, type A on the lands designated "L9CA-3" on Schedule I hereto shall not exceed 400 square metres. C The gross leasable floor area of any retail store on the lands designated "MCA-3" on Schedule [ hereto shall not exceed 450 square metres. D(I) For the purpose of this paragraph, the term "drive-through sales facility" means a facility at which goods, products, or services are provided directly to customers in vehicles. (II) No drive-through sales facility shall be permitted on the lands designated "MCA-3" on Schedule I hereto. 6. BY-LAW 3036 (1) t3y-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 13y-law shall be governed by the relevant provisions of 6y-law 3036, as amended. (2) l3y-law 158/75 which amended 6y-law 3036 is hereby repealed. 7. ENFORCEMEN7' (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 firsi 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 (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). -5- (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 F[KST AND SECOND TIME TtiIS Zeth DAY OF Novenber READ A"CHIRD TIME AND PASSED THIS �th DAY OF November y - ��/ , ,7 ' �, j CLERK / / BRUCE J. TA�'LOR i � TQb+1N liF P!C:I-'.'.i:;'.' id(� lit'�'It � � .-.i� �.J I li � J;'.�.! � __ ,,,..,'�. � •:: , 19�. KINGSTON ROAD / HIGHWAY No. 2 NOTE� OIMENSIONS SHOWN INDICATE REOUIRED MINIMUM YARD SE7BACKS.- SEE SECTION 5(2)(a1(U SCHEDULE I TO BY-LAW 2953/88 PASSED THIS 2•o tn DAY OF ^�o�e�er 1989 � MAYOR� ayne E. Arthurs� � � i -��_ L�---�' `� CLERK (Bruc ^J Taylor) � r m z D Z Z D � N