HomeMy WebLinkAboutBy-law 1787/84THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW 1787/84
Being a Zoning By-law to amend Restricted
Area By-law 3036, as amended, to implement
the Official Plan of the Town of Picketing
District Planning Area, Region of Durham,
in Part Lots 23 and 24, Concession 1 in
the Town of Pickering.(A 23/83 and A 26/83)
WHEREAS the Council of the Corporation of the 7own of Pickering deems
it desirable to permit the development on the subject lands of certain
restricted light industrial uses and certain special purpose
commercial uses;
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:
SCHEDULES "I" AND "II"
Schedules "I" and "II" attached hereto with notations and
references sho~n thereon are hereby declared to be part
this By-law.
AREA RESTRICTED
The provisions of this By-law shall apply to those lands
Part Lots 23 and 24, Concession 1, Picketing, designated
'SPC;-I' on Schedule "I" attached hereto.
in
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,
l) "Bo.dS S9o~" shall mean an establishment primarily engaged
in repairing or painting vehicle bodies;
2) "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;
3) (a)
"Floor Area" shall mean the aggregate of the floor
areas of 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 that used for retail commercial or
office purposes;
continued...
4)
5)
6)
7)
(8)
(9)
Page 2
(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;
(c)
"Gross Retail and Personal Service Floor Area" shall
mean the gross retail and per'sonal service floor
space contained in all buildings and structures on
the lot, as such space is defined in section 8.2.2 of
the Official Plan of the Regional Municipality of
Durham, as amended from time to time, or any successor
thereto;
"Food Preparation Plant" shall mean a building or part of
a building in which processed food products are cooked,
baked, mixed, packaged or otherwise prepared for distribu-
tion to retail or institutional outlets;
"Furniture and Major Appliance Sales" shall mean an establi-
shment in Which t'urn~ture, major appliances or both of them
are stored, offered and kept for wholesale or retail sale;
"Home Improvement Centre" shall mean a building or part
of a building used for the display, wholesale
and retail sale of building materials, hardware or
accessories, including lumber;
"Industrial or Commercial Equipment Suppli.ers" shall mean
a building or part of a building in which industrial or
commercial equipment, supplies or furnishings are stored,
offered or kept for wholesale or retail sale to industrial
or commercial establishments~
"Light Manufacturing Plant" shall mean a manufacturing
plant used for:
a) the production of apparel and finished textile products
other than the production of synthetic fibres;
b) printing or duplicating;
c) the manufacture of finished paper other than the
processing of wood pulp;
d) the production of cosmetics, drugs and other
pharmaceutical supplies; or
e)
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;
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 lot or block on a registered plan of
subdivisionj
continued ..
Page 3
(b) "Lot Coverage" shall mean the percentage of a lot
area covered by all buildings on the lot;
(c)
"Lot Frontage"_ shall mean the width of a lot betwee~
the side lot lines measured alcng a line parallel to
and 7.5 metres distant from the front lot line;
(10) "Scientific, Research or Medical Laboratory" shall mear~
(ll)
t3)
14)
a building or part of a building wherein scientific,
research or medical experiments or investigations are
systematically conducted, and where drugs, chemicals,
glassware or other substances or articles pertinent to
such experiments or investigations may be manufactured
or otherwise prepared for use on the premises;
"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 mainte:~ance and repair operations
are performed in return foF remuneratic:n, but si~all not
include a body shop or any establishment engaged in tt~e
retail sale of ~ehicle fuels;
"Vehicle Sales or Rental Establis .ment'~ shall i,.ea an
establishment having as its main use the sale, service,
rent or lease of vehicles, and which may include an
acressory vehicle repair shop, but shall not include
any establishmeht engaged in the ~tail sale of moto~
vehicle fuels$
"Warehouse" shall mean a building or part ul: a bu~ldi~:
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 may include the pFemises 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 exLending 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 ~ront yard of a lot between the
front lot line and the nearest wall 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 juncti[n
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 of the side lot lines, and the nearest
wall of the nearest main building or structure on the
lot;
continued...
Page 4
f)
g)
h)
i)
"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;
"Flanka~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;
"Interior Side Yard" shall mean a side yard other
than a flankage side yard.
PROVISIONS
(1) Uses Permitted ('SPCl-l' Zone)
No person shall, within the lands designated 'SPCI-t' on
Schedule "I" attached hereto, u~e any lot or erect, alter
or use any bui]dimg or structure for any purpose except
the following:
(a) financial institution
(b) food preparation plant
(c) furniture and major appliance sales
(d) home improvement centre
(e) industrial or commercial equipment suppliers
(f) light manufacturing plant
(g) scientific, research or medical laboratory
(h) vehicle sales or rental establishment
(i) warehouse
(2) Zone Requirements ('SPCI-I' Zone)
No person shall within the lands designated 'SPCI-I' 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 hectares
(b) LOT FRONTAGE (minimum): 30.0 metres
(c) YARD REQUIREMENTS (minimum): all as illustrated
on Schedule "II"
(d) BUILDING HEIGHT (maximum):
12 metres
(e) OPEN STORAGE: no open storage shall
be permitted in any
yard.
(f) LOT COVERAGE (maximum):
33 percent
continued...
Page 5
(g) PARKING REQUIREMENTS:
For the purpose of this clause, "parking space"
shall mean a usable 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;
(2)
For each establishment having any of the
following uses, there shall be provided and
maintained on the lot generating the requirement
or on an abutting lot or lots a minimum of five
(5) parking spaces for each 93 square metres or
part thereof of gross leasable floor area of the
establishment:
financial institution
furniture and major appliance sales
home improvement centre
vehicle sales or rental establishment
(3)
For each establishment having any of the following
uses, there shall be provided and maintained on
the lot generating the requirement or on an
abutting lot or lots a minimum of one (1) parking
space for each 56 square metres or part thereof
of gross leasable floor area of the establishment:
food preparation plant
industrial or commercial equipment
suppliers
light manufacturing plant
scientific, research or medical
laboratory
warehouse
(4)
Where parking spaces are to be provided on an
abutting lot or lots, the oWner of the lot
generating the requirement shall obtain an
irrevocable easement for such purpose from the
owner of the abutting lot or lots as the case
may be and the Town shall be a party to this
easement;
(5)
All parking areas shall be set back a minimum
of 3 metres from any boundary separating lands zoned
with a designation prefixed 'SPCI' from any other lands.
(h) SPECIAL RESTRICTIONS:
The location of points of street access to lands
designated 'SPCI-I' on Schedule "I" of this By-law
shall be restricted to that area designated 'access'
on Schedule "II" of this By-law.
6. 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
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.
continued...
Page 6
(3)
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 continued after the day on which
the corporation was first convicted,
and not as provided in subsection (1).
Where a conviction is entered under subsection (1), in
addition to any other remedy or any 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.
7. 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
Schedules"I" and "II" attached hereto.
(2)
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.
8. EFFECTIVE DATE
This By-law shall take effect from the day of passing thereof
subject to the approval of the Ontario Municipal Board, if
required.
READ A FIRST AND SECOND TIME THIS 3rd DAY OF July , 1984.
READ A THIRD TIME AND PASSED THIS
__ ,CMA y,O-.
TO','.'.
3rd
DAY OF July , 1984.
SCHEDULE '~[' TO BY-LAW 3.787184
PASSED THIS
DAY OF Ju3.~, 1984
YOR
~CLERK
LF
J
I
I
4t9,?- ~:,"o
I
Z. O~T
I
I
I'
I
P.Y-,.4~
SCHEDULE']/' TO BY-LAW 1787/84
PASSED THIS 3rd
DAY OF July
CLERK