HomeMy WebLinkAboutBy-law 1894/84THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 1894/84
Being a Zoning By-law to amend Restricted
Area (Zoning) By-law 3036, as amended, to
implement the Official Plan of the Town of
Pickering District Planning Area, Region
of Durham, in Part Lot 18, Concession 1,
in the Town of Pickering. (A 15/84)
WHEREAS the Council of the Corporation of the Town of Pickering
deems it desirable to permit the development on the subject lands
of a trade centre, restricted light industrial uses, and residential
medium density I uses on the subject lands being Part Lot 18,
Concession l, 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 PICKERING
HEREBY ENACTS AS FOLLOWS:
1. SCHEDULES "I" AND "II"
Schedules "I" and "II" hereto with notations and references
shown thereon are hereby declared to be part of this By-law.
2. AREA RESTRICTED
The provisions of this By-law shall apply to those lands in
Lot 18, Concession l, Pickering, designated "S-SD-SA", "M1-3"
and "TC" 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)
"Business 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 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;
"Dry Cleaning Establishment" shall mean
of a building used for dry cleaning and
but does not include a laundromat;
a building or part
related processes
continued...
Page 2
(3)
(4)
(6)
a)
"Dwelling" shall mean a building or part of a building
containing one or more dwelling units, but does not
include a mobile home or a trailer;
b)
"Dwelling Unit" shall mean one or more habitable
rooms occupied or capable of being occupied as a
single,independent and separate housekeeping unit
containing a separate kitchen and sanitary facilities;
c) "Dwelling Unit Area" shall mean the aggregate of the
floor area of all habitable rooms of a dwelling unit;
d) "Dwelling, Single or Single Dwelling" shall mean a
dwelling containing one dwelling unit and uses
accessory thereto;
e)
"Dwelling, Detached or Detached
a single dwelling which is frees
and detached from other main bui
Dwelling" shall mean
tanding, separate
ldings or structures;
f) "Dwelling, Semi-Detached or Semi-Detached Dwelling"
shall mean one of a pair of singledwellings, such
dwellings being attached together horizontally in
whole or in part above and/or below grade;
"Single Attached Dwelling" shall mean one of a group
of not less than three single adjacent dwelling units,
attached together horizontally by an above grade
common wall.
"Floor Area Non-Residential" shall mean the aggregate
of the floor areas of all above and below grade storeys
of all buildings and structures used for non-residential
purposes, but shall exclude the floor area of any
stairwells, elevators, and any part below established
grade used exclusively for storage purposes;
"Floor Area Residential" shall mean the area of the
floor surface contained within the outside walls of a
storey or part of a storey.
"Gross Floor Area - Residential" shall mean the
aggregate of the floor areas of all storeys of all
buildings or structures used for residential purposes,
other than a private garage, an attic or a cellar.
d) "Dwelling Unit Area" shall mean the aggregate of the
floor areas of all habitable rooms of a dwelling unit.
"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
distribution to retail or institutional outlets.
"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
continued...
Page 3
(7)
(8)
(9)
lO)
ll)
(c) a combination of three or more games of chance and
games of mixed chance and skill,
for the amusement of the
contrary to the Criminal
include premises in which
offered are pool tables,
alleys;
public, which games are not
Code of Canada, but does not
the only amusement facilities
billiard tables or bowling
'~Landscaped Open Space" shall mean a space on a lot which
is open and unoccupied and is suitable for growing grass,
flowers, bushes, shrubs or other landscaping plants and
includes a waterway, walk, patio or similar space but
does not include any portion of a parking aisle, parking
space, ramp or driveway;
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 subdivision;
"Lot Covera§e[ shall mean the percentage of a 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 lime parallel to
and 7.5 metres distant from the front lot line;
"Manufacturin9 Plant" shall mean a building or part of
a building in 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.
b) "Light Manufacturin9 Plant" shall mean a manufacturing
~lant used for:
(i) the production of apparel and finished textile
products other than the production of synthetic
fibres;
(ii) printing or duplicating;
(iii) the manufacture of finished paper other than the
processing of wood pulp;
(iv) the production of cosmetics, drugs and other
pharmaceutical supplies; or
(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 Amusement or Entertainment" shall mean a building
or part of a building 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 not include a games arcade;
"Place of Assembly" shall mean a building or part of a
building in which facilities are provided for civic,
educational, political, recreational, religious or social
meeting purposes and may include facilities for entertainment
purposes such as musical and theatrical performances, but
shall not include a place of amusement or entertainment.
Page 4
12)
13)
14)
"Professional Office" shall mean a building or part of
a building in which medical, legal or other professional
service is performed 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;
"Private Garage" shall mean an enclosed or partially
enclosed structure for the storage of one or more vehicles,
in which structure no business or service is conducted
for profit or otherwise;
"Restaurant - Type B" shall mean a building or part of a
building where food is prepared or offered or kept for
retail sale to the public for immediate consumption in the
building or buildings on the premises only;
15) "Scientific, Research or Medical Laboratory" shall mean
(16)
(17)
(18)
a building or part of a building where 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;
"Trade Centre" shall mean a building or part of a building
in which facilities are provided for the temporary exhibition,
temporary storage and temporary associated sales of goods,
wares, merchandise, articles, produce or things and may
include a place of assembly and a restaurant - type B;
"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)
"Rear Yard" shall mean a yard extending across the
Tull 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;
Page 5
e)
f)
g)
h)
"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.
(i) "Interior Side Yard" shall mean a side yard other
than a flankage side yard.
PROVISIONS
(1) (a) Uses Permitted ("S-SD-SA" Zone)
No person shall within the lands designated
on Schedule "I" hereto, use any lot or erect,
use any building or structure for any purpose
the following:
(i) detached dwelling residential uses
(ii) semi-detached dwelling residential uses
(iii) single attached dwelling residential uses
(b) Zone Requirements ("S-SD-SA" Zone)
No person shall within the lands designated "S-SD-SA"
on Schedule "I" hereto, use any lot or erect, alter
or use any building or structure except in accordance
with the following provisions:
(i) LOT AREA (minimum):
A for detached dwellings: 250
B for semi-detached dwellings: 225
C for single attached dwellings:2OO
(ii) LOT FRONTAGE (minimum):
A for detached dwellings: 9 metres
B for semi-detached dwellings: 7.5 metres
C for single attached dwellings:6.7 metres
(iii) FRONT YARD DEPTH (minimum): 4.5 metres
"S-SD-SA"
alter or
except
square metres
square metres
square metres
continued...
Page 6
(iv) INTERIOR SIDE YARD WIDTH (minimum):
(v)
(vi)
(vii)
(viii)
(ix)
(x)
(xi)
A for detached dwellings:
the other provided that
side yard widths on the
metres;
minimum 1.2 metres
one side, no minimum
the aggregate of actual
lot equal or exceed 1.8
B
for semi-detached and single
attached dwellings: 1.2 metres except
that no interior
side yard shall be provided on the side where
dwellings are attached together, so long as
every common wall extending along the side lot
line separating such lots, or is not a direct
extension thereof, shall be set back from the
side lot line as follows:
(I) 1.2 metres measured perpendicularly to
such side lot line if no abutting side
yard is provided on the abutting lot or,
II) 0.6 metres measured perpendicularly to
such side lot line if an abutting side
yard is provided on the abutting lot;
FLANKAGE SIDE YARD WIDTH (minimum): 2.7 metres
REAR YARD DEPTH (minimum): 7.5 metres
LOT COVERAGE (maximum):
A for detached dwellings:
B for semi-detached and single
attached dwellings:
38 percent
40 percent
BUILDING HEIGHT (maximum):
12 metres
DWELLING UNIT REQUIREMENTS:
A no less than 23 and not more than 55 dwelling
units per hectare shall be permitted within the
area designated "S-SD-SA" on Schedule "I" hereto.
B maximum 1 dwelling unit per lot
C minimum dwelling unit area 100 square metres;
PARKING REQUIREMENTS: minimum one
private garage
per lot attached to the main building and located
not less than six metres from the front lot line.
SPECIAL REGULATIONS: the horizontal
distance between
buildings on adjacent lots, except if such buildings
are attached together in whole or in part, shall be
not less than 1.2 metres.
continued...
Page 7
(2) (a) Uses Permitted ("MI-3" Zone)
No person shall within the land designated "M1-3"
on Schedule "I" hereto, use any lot or erect, alter
or use any building or structure for any purpose
except the following:
(i) business office
(ii) dry cleaning establishment
(iii) food preparation plant
('iv) light manufacturing plant
(v) professional office
(vi) scientific, research or medical
(vii) warehouse
(b) Zone Requirements ("MI-3" Zone)
laboratory
No person shall within the lands designated "M1-3"
on Schedule "I" hereto, use any lot or erect, alter
or use any building or structure except in accordance
with the following provisions:
(i) LOT AREA (minimum):
0.15 hectares
(ii) LOT FRONTAGE (minimum):
30 metres
(iii) FRONT YARD DEPTH (minimum): 12 metres
(iv) SIDE YARD DEPTH (minima):
A interior side yard: 4.5 metres
B flankage side yard: 12 metres
(v) REAR YARD DEPTH (minimum): 7.5 metres
(vi) LOT COVERAGE (maximum): 50 percent
(vii) BUILDNG HEIGHT (maximum): 12 metres
(viii) OPEN STORAGE AND DISPLAY: no open
display
permitted in any yard.
storage or
shall be
(ix) SUPPLEMENTARY PARKING REGULATIONS:
A
Notwithstanding Section 2.57 of By-law 3036,
as amended, a parking space shall mean a usable
and accessible space of not less than 15.9~
square metres for the temporary parking of a
vehicle, but shall not include any portion of
a parking aisle or driveway;
B Section 5.21.2a) and Section 5.21.2b) of
By-law 3036 shall not apply;
C
Notwithstanding Section 5.21.2g) of By-law
3036, as amended, all parking areas shall be
paved.
continued...
Page 8
(3) (a)
Uses Permitted ("TC" Zone)
No person shall within the lands
on Schedule "I" hereto, use any
or use any building or structure
except the following:
designated "TC"
lot or erect, alter
for any purpose
(i) Trade Centre
(b) Zone Requirements ("TC" Zone)
No person shall within the lands designated "TC" on
Schedule "I" hereto use any tot or erect, alter or
use any building or structure except in accordance
with the following provisions:
(i) YARD REQUIREMENTS (minimum): all as illustrated
on Schedule "II"
(ii) BUILDING HEIGHT (maximum
(iii) OPEN STORAGE AND DISPLAY
permitted in any yard
20 metres
no open storage or
display shall be
(iv) LANDSCAPED OPEN SPACE: as illustrated on
Schedule "II"
(v) PARKING REQUIREMENTS (minimum):
A 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;
B Parking shall be provided on the subject lands
at a ratio of a minimum of lO.O parking spaces
for each 93 square metres or part thereof of
floor area non-residential, on the subject lands.
(vi) SUPPLEMENTARY PARKING REGULATIONS:
A Section 5.21.2a) and Section 5.21.2b) of
By-law 3036, as amended, shall not apply;
B Notwithstanding Section 5.21.2g) of By-law
3036, as amended, all parking areas shall
be paved.
(vii)
SPECIAL RESTRICTION:
vehicle parking, shall
enclosed structure.
take
all Trade Centre
activities, except
place within an
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
continued...
Page 9
(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 the 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 section (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
Schedule "I" 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 3Otb DAY OF July
· 1984.
READ A THIRD TIME AND PASSED THIS 30th DAY OF July , 1984.
PICKERING
APPROVED
AS TO FORM
LEGAL DEPT.
/
0
MI'3
TC
'! r
sc~rd)ULE T TO BY- LAW,
PASSED THIS 30th
DAY OF. July 1984
CLERK
1894/84
'! r
400m~
0
I
I
C-YARD REQUIREMENTS
SCFF_DULE ' Tr' TO BY- LAW
PASSED THIS 30th
DAY OF July 1984
CLERK ,,/
1894/84
~UBdECT