HomeMy WebLinkAboutBy-law 1825/84THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW 1825/84
Being a By-law to amend Restricted Area
(Zoning) By-law 3036~ ~s amended,
to implement the Official Plan of the
Town of Pickering District Planning Area
Region of Durham, in Part Lot 29, Range 3,
Broken Front Concession, (Parts 2, 3, 4
and 5, Plan 40R-580g) in the Town of
Pickering (A3/84).
WHEREAS the Council of the Corporation of the Town of Picketing
deems it desirable to permit the development of a car wash
and certain commercial uses on lands being Part Lot 29, Range 3,
Broken Front Concession, (Parts 2, 3, 4 and 5, Plan 40R-5809),
in the Town of Picketing.
AND WHEREAS an amendment to By-law 3036, as amended, is there-
fore deemed necessary.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
PICKERING HEREBY ENACTS AS FOLLOWS:
l, SCHEDULE "I"
Schedule "I" 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 Lot 29, Range 3, Broken Front Concession, {Parts 2, 3,
4 & 5, Plan 40R-5809) Pickering, designated "CN-I" on Schedule
"I" attached hereto.
3. GENERAL PROVISIONS
No building, land o~ 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) "Body Shop" shall mean an establishment primarily engaged
in repairing or painting vehicle bodies.
{2) "Car Wash" shall mean a building or structure containing
facilities specifically used or intended to be used for
washing vehicles either by production line methods em-
ploying mechanical devices or by hand.
{3} {a} "Floor Area" shall mean the area of the floor surface
contained within the outside walls of a storey.
(b) "Gross Floor Area" shall mean the aggregate of the floo
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 establishl
grade other than that used for retail commercial or
office purposes.
(c} "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.
continued ...
Pa ge 2
(4)
(5)
(6)
{7)
(8)
(g)
(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 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;
(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 between
the side lot lines measured along a line parallel to
and 7.5 metres distant from the front lot line;
"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
premises.
"Structure Height" shall mean the vertical distance between
the established grade and the highest point of the structure.
"Vehicle Repair Shop" shall mean an establishment con-
~aining 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;
"Vehicle Sales or Rental Establishment" shall mean an
establishment having as its main use the sale, service,
rent or lease of vehicles, and which may include an
accessory vehicle repair shop, but shall not include any
establishment engaged in the retail sale of motor vehicle
fuels;
(a) "Yard" shall mean an area of land which is appurtenant
to ~ 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" ~hall mean a yard extending across the
loll 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) "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 of 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 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;
(9) (g)
Pa ge 3
"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.
5. (1) Uses Permitted "CN-l" Zone
No person shall, within the
on Schedule "I" hereto, use
use any building or structure
following:
(a) car wash
(b) restaurant type 'A'
(c) vehicle repair shop
{d) vehicle sales or rental
lands designated, "CN-I"
any lot or erect, alter or
for any purpose except the
es ta bl i s hment
(2) Zone Requirements - "CN-I" Zone
No person shall within the lands designated "CN-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) : 0.4 hectares
{b) LOT FRONTAGE {minimum) : 45 metres
{c) FRONT YARD DEPTH (minimum) : 13.5 metres
(d) INTERIOR SIDE YARD DEPTH (minimum) : 3.0 metres
except that no interior side yard shall
be required adjacent to the parcel of
land designated "CA{C)" in By-law 1740/83
(e) REAR YARD DEPTH (minimum)
except where there is a car
the minimum rear yard depth
18.0 metres.
(f) BUILDING HEIGHT (maximum)
(g) STRUCTURE HEIGHT (maximum)
(h) OPEN STORAGE
: 7.5
wash when
shall be
{i) LOT COVERAGE (maximum}
metres
: 12.0 metres
: 12.0 metres
: no open storage
shall be permitted
in any yard
: 33 percent
6. BY-LAW 3036
(1)
(2)
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
within 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 (l),
the maximum penalty that may be ~mposed 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}.
(3) 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 repe-
tition of the offence by the person convicted.
8, EFFECTIVE DATE
This by-law shall take
subject to the approval
required.
effect from the day of passing thereof
of the Ontario Municipal Board, if
READ A FIRST AND SECOND TIME THIS ?th DAY OF May , 1984
READ A THIRD TIME AND PASSED THIS 3rd DAY OF July /, 1984
~ ~'- ' - ' "CLERK / /
/
TOWN OF
PICKERING
APFROVED
CN '1
=740/
SCHEDULE 'T' TO BY- LAW
PASSED THIS, 3~:cl
DAY OF. J,u~.¥ 1984
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