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HomeMy WebLinkAboutBy-law 2443/87THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 2443/87 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Rlan of the Town of Picketing District Rlanning Area, Region of Durham, in Part of Lot 27 Range 3 Broken Front Concession in the Town of Rickering. <A 16/87) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the establishment of restricted light industrial and church uses on Raft of Lot 27, Range 3 Broken Front Concession, in the Town of Pickering. 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 nICKERING HEREBY ENACTS AS FOLLOWS: SCHEDULE "I" Schedule "I" attached hereto with notations and references shown thereon is hereby declared to be part of this 8y-law. 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Lot 27, Range 3 Broken Front Concession, Picketing, designated "M1-8" 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) "Day Nursery" shall mean lands and premises duly licenced pursuant to the provisions of the Day Nurseries Act, or any successory thereto, and for the use as a facility for the daytime care of children; (2) (a) "Lot" shall mean an area of land fronting on a street ~ 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 structues, 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; 2 (a) (b) (4) (5) "Lot Coverage" shall mean the percentage of lot area covered by all buildings on the lot; "Lot Frontage" shall mean the width of a lot between the side lot lines measured along a line parallel to and 7.5 metres dlstant from the front lot 11ne; "Manufacturin~ Plant" shall mean a building or part of a building ~n 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; "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 (iii printing or duplicating; the manufacture of finished processing of wood pulp; paper other than the (iv the production of cosmetics, pharmaceutical supplies; or drugs and other (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; "Place of Worship" shall mean a building dedicated to religious worship. "Warehouse" shall mean a building or part of a building which is used primarily 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; (a) "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; (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 of a lot between the front lot line and the nearest wall of the nearest main building or structure on the lot; (d) (e (f (g (h (i (j "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~ "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 of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; "Side Yard" shall mean a yard of a lot 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~ "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; "Flankage 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; "Flankage Side Yard Width" shall mean the shortest horizontal dimension of a flankage side yard of a lot between the lot line adjoining a street or abutting on a reserve on the opposite side of which is a street and the nearest wall of the nearest main building or structure on the lot; "Interior Side Yard" shall mean a side yard other than a flankage side yard. 5. PROVISIONS (1) Uses Permitted ("Mi-8" Zone) No person shall within the lands designated "M1-8" on Schedule "I" attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (a) light manufacturing plant (b) warehouse (2) Zone Requirements ("Mi-8" Zone) No person shall within the lands designated "M1-8" on Schedule "I" attached hereto, use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (a) LOT AREA (minimum): 0.5 hectare (b) LOT FRONTAGE (minimum): 30 metres (c) FRONT YARD DEPTH (minimum): 14 metres (d) INTERIOR YARD WIDTH (minimum): 3.5 metres (e) FLANKAGE SIDE YARD WIDTH (minimum): 3.5 meteres (f) REAR YARD DEPTH (minimum): 7.5 metres (g) LOT COVERAGE (maximum): 45 percent (h) BUILDING HEIGHT (maximum): 10 metres (i) OPEN STORAGE: no open storage shall be permitted in any yard (j) PARKING REQUIREMENTS: (i) For the purpose of this clause "parking space" shall mean a useable and accessible area of not less than 15.95 square metres, for the temporary parking of a vehicle, but shall not include any portion of a parking aisle or driveway; (ii) For uses permitted in Section 5(1)(a) there shall be provided and maintained on the subject lands a minimum 3.0 parking spaces per 100 square metres floor area for the first 1000 square metres gross floor area, plus 0.8 spac per 100 square metres floor area for the next 6000 square metres gross floor area, plus 0.4 parking space per 100 square metres floor area for all remaining gross floor area; (iii) Sections 5.21.2a) and 5.21.2b) of By-law 3036, as amended, shall not apply to the lands designated "M1-8" on Schedule "I" attached hereto; (iv) All parking areas shall be set back a minimum of 6.0 metres from Highway No. 2 and a minimum of 3.0 metres from all other road allowances; (v) Notwithstanding 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. (3) Special Regulations ("(I(C)-DN)" Symbol) On lands where the "M1-8" designation on Schedule "I" hereto is followed by the symbol "(I(C)-ON)" the following regulations shall apply: (a) In addition to the uses specified in 5(1) of this By-law, the following uses shall be permitted: (i) place of worship; (ii) day nursery only in conjunction with the place of worship. (b) For a place of worship the zone requirements specified in Section 5(2) shall apply, except as specified below: (i) For a place of worship there shall be provided and maintained on the subject lands a minimum of 1.0 parking spaces per 4 persons maximum design capacity. (c) The number of children enrolled in all day nurseries on lands designated "M1-8(I(C)-DN)" shall not exceed 75 at any one time. 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 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 (1). 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 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 21st DAY OF April READ A THIRD TIME AND PASSED THIS 19th DAY OF May , 1987. , 1987. B, $, TAYLOR / HIGHWAY NO· 2 M1~8 (l(C)- DN) \ M1 ~8 .q SCHEDULE "I"TO BY- LAW 2443/87 PASSED THIS DAY OFf.ay - 1987 ~~ . ~NOERSO~--Z____F~ CLERK (@RUCE/TAYLOR ) - HIGHWAY No.