HomeMy WebLinkAboutBy-law 1895/84THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 1895/84
Being a Zoning By-law to amend Restricted
Area 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. (A15/84
WHEREAS the Council of the Corporation of the Town of Pickering
deems it desirable to permit the development on the subject lands
of a local central area comprising various commercial establishments;
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:
SCHEDULE hi"
Schedule "I" hereto with notations and references
is hereby declared ko be part of this By-law.
shown thereon
2. AREA RESTRICTED
The provisions of this By-law shall apply to those
Lot 18, Concession 1, Pickering, designated "LCA-I"
"I" attached hereto.
lands in
on Schedule
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-taw.
4. DEFINITIONS
In this By-law,
(1)
"A~sembly Hall" shall mean a building or part of a building
in which facilities are provided for purposes such as
civic, educational, political, religious or social
meetings and which may include an auditorium or a banquet
hall;
(2)
"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;
(3)
"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.
continued...
Page 2
(4)
(5)
(6)
(7)
(8)
(9)
lO)
"Commercial Club" shall mean an athletic,
or social club operated for gain or profit
public or private membership;
recreational
and having
"Commercial-Recreational Establishment" shall mean a
commercial establishment in which indoor recreational
facilities such as bowling alleys, miniature golf courses,
roller skating rinks, squash courts, swimming pools
and other similar indoor recreational facilities are
provided and operated for gain or profit, and which may
include an arena or a stadium but shall not include a
place of amusement or entertainment as defined herein;
"Commercial School" shall mean a school which is operated
for gain or profit and which may include the studio of
a dancing teacher or music teacher, or an art school, a
golf school or any other such school operated for gain
or profit;
"Dr~ Cleanin9 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 elsewhere, and of distributing articles,
goods or fabrics which have been subjected to any such
processes;
"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;
"Food Store" shall mean a building or part of a building
in which food, produce and other items or merchandise of
day-to-day household necessity are stored, offered and
kept for retail sale to the public;
"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.
ll) "Gross Retail and Personal Service Floor Area" shall mean
12)
13)
14)
the gross retail and personal service floor
in all buildings and structures on the lot,
is defined in section 8.2.2 of the Official
Regional Municipality of Durham, as amended
time, or any successor thereto;
area contained
as such space
Plan of the
from time to
"Laundromat" shall mean a self-serve clothes washing
establishment containing washing, drying, ironing,
finishing or other incidental equipment;
"Lot Covera9e" shall mean the percentage of lot area
covered by all buildings on the lot;
"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 bodyrub parlour as
defined in the Municipal Act, R.S.O. 1980, Chapter 302,
as amended from time to time, or any successor thereto;
continued...
Page 3
15)
16)
17)
18)
19)
(2O)
"Private Club" shall mean an athletic, recreational or
social club not operated for gain or profit and having
private membership;
"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;
"Public Club" shall mean an athletic,
social club not operated for gain or
public membership;
recreational or
profit and having
"Restaurant-T~pe A-I" 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 and where, if liquor is to be served therein,
it shall be served only pursuant to a dining lounge
licence or a dining room licence issued by the Liquor
Licence Board of Ontario.
"Retail 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;
(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.
"Front Yard Depth" shall mean
dimension of a front yard of
lot line and the nearest wall
building or structure on the
the shortest horizontal
a lot between the front
of the nearest main
lot.
"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.
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.
continued...
Page 4
h)
"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) Uses Permitted ("LCA-i" Zone)
No person shall within the lands designated "LCA-I" on
Schedule "I" hereto use any lot or erect, alter or use
any building or structure for any purpose except the
following:
(a) assembly hall
(b) bakery
(c) business office
(d) commercial club
(e) commercial-recreational establishment
(f) commercial school
(§) dry cleaning depot
(h) financial institution
(i) food store
(j) laundromat
(k) personal service shop
(1) private club
(m) professional office
(n) public club
(o) restaurants-type A-1
(p) retail store
(2) Zone Requirements ("LCA-I" Zone)
No person shall within the lands designated "LCA-I" on
Schedule "I" hereto use any lot or erect, alter or use
any building or structure except in accordance with the
following provisions:
(a)
(b)
FRONT YARD DEPTH (minimum):
INTERIOR SIDE
(minimum):
(c) FLANKAGE SIDE
(minimum):
YARD WIDTH
YARD WIDTH
(d) REAR YARD DEPTH (minimum):
(e) LOT COVERAGE (maximum):
(f) BUILDING HEIGHT (maximum):
15 metres
15 metres
15 metres
15 metres
33 percent
12 metres
continued...
Page 5
(g) GROSS RETAIL AND PERSONAL
SERVICE FLOOR AREA (maximum): 5575 square metres,
unless a food store
having a minimum gross retail and personal service
floor area of 4181 square metres exists on the lot,
in which case the maximum gross retail and personal
service floor area shall be 6968 square metres.
(h) PARKING REQUIREMENTS:
(i) 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;
(ii) parking shall be provided on the subject lands
at a ratio of a minimum of 5.0 parking spaces
for each 93 square metres or part thereof of
gross leasable area on the subject lands.
6. BY-LAW 3036
o
(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, except that sub-
section 5.21.2 b) shall not apply to the area set out in
Schedule I hereto.
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 or 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),
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).
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 repetition of the
offence by the person convicted.
continued...
Page 6
8. EFFECTIVE DATE
This By-law shall take effect
subject to the approval of the
required.
from the day of passing hereof
Ontario Municipal Board, if
READ A FIRST AND SECOND TIME THIS 30th DAY OF J~Z¥ , 1954.
READ A THIRD TIME AND PASSED THIS 30th DAY OF J~ly , 1984.
CL~ RK
TOWN OF'
PICP~ERING
A?PROVED
LEd:AL DEPT.
SCHEDULE 'I' TO BY-LAW 1895/84
PASSED THIS 30th
DAY OF July 1984
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