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HomeMy WebLinkAboutBy-law 1916/84THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 1916/84 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 30, Range 3, Broken Front Concession, (Parts 1 and 2, Plan 40R-7116) in the Town of Pickering. (A 23/84) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the establishment of, certain commercial uses in addition to restricted light industrial uses on the subject lands or a motel with ancillary office and restaurant facilities being part of Lot 30, Range 3, Broken Front Concession (Parts 1 and 2, Plan 40R-7116); 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 "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 of Lot 30, Range 3, Broken Front Concession (Parts 1 and 2, Plan 40R-7116), Pickering, designated "SC-6" 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 financial institution, 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 ~Dr~ Cleaning Establishment" shall mean a building or part of a building used for dry cleaning and related processes but does not include a laundromat~ (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; (b) "Gross Leasable Floor Area" shall mean the aggregate of the floor areas of all ~toreys above or below established grade, designed for owner or tenant occupancy or exclusive use only, but excluding storage areas below established grade; "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~ "Furniture or Major Appliance Sales" shall mean an establishment in which furniture , 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 primarily for the display, wholesale and retail sale of building materials, hardware or accessories, including lumber; "Industrial or Commercial Equipment Supply Establishment" 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 establish- ments; 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; b) "Lot Coverage_~" shall mean the percentage of a lot covered by all buildings on the lot; c) "Lot Frontage" shall mean the width of a lot ~etween the side lot lines measured along a line parallel to and 7.5 metres distant from the front lot line; continued... Page 3 (9) (lO) (ll) (12) (t3) (14) (a) "Manufacturing 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 Manufacturin~ 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) 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; "Marquee" shall mean a rooflike structure attached to and projecting from the main wall or roof of a building over an entrance, and being at least 2.4 metres above entrance grade; "Motel" shall mean a building or part of a building provi~-Tng for the travelling public overnight sleeping accommodation of not less than 25 bedrooms and not more than 150 bedrooms; "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~ "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; "Sales Outlet" shall mean a building or part of a building accessory to a light manufacturing plant, a food preparation plant er a warehouse, wherein products manufactured, produced, processed, stored, serviced or repaired on the premises are kept or d~splayed for rent or for wholesale or retail sale, or wherein orders are taken for future delivery of such products; continued... Page 4 (15) "Scientific, Research or Medical Laboratory" shall mean 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. (16) "Vehicle Sales or Rental Establishment" shall mean (17) (18) 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; "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; "Rear Yard" shall mean a yard extend}ng 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; "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 lots continued... Page 5 (i) "Flankage Side Yard" shall mean a ~mediately adjoining a street or on a reserve on the opposite side is a street; "Interior Side Yard" shall mean a other than a flankage side yard; side yard abutting of which side yard 5. PROVISIONS (1) Uses Permitted ("SC-6" Zone) No person shall within the land designated "SC-6" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: (a) the purposes set out in Table l; and (b) the purposes set out in Table 2 or the purposes set out in Table 3; subject to the following restrictions; (c) in the event that a lot or a building or structure is to be used for a Table 1 purpose and a Table 2 purpose, the Table 1 purpose must be an integral part of an used in conjunction with the Table 2 purpose; (d) no lot or building or structure shall be used for both a Table 2 purpose and a Table 3 purpose. Table 1 business office professional office restaurant, type B, subject to the provisions of paragraph (2)(i) A of this section Table 2 motel, subject to the provisions paragraph (2)(i) C and (2)(i) D this section of of Table 3 dry cleaning establishment food preparation plant furniture of major appliance sales home improvement centre industrial or commercial equipment suppliers light manufacturing plant sales outlet subject to the provisions of paragraph (2)(i) B of this section scientific, research or medical laboratory vehicle sales or rental establishment warehouse (2) Zone Requirements ("SC-6" Zone) No persons shall within the lands designated "SC-6" on Schedule "I" 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): 30 metres (c) FRONT YARD DEPTH (minimum): 12 metres (d) SIDE YARD WIDTH A interior side yard: 4.5 metres B flankage side yard: 12 metres continued... Page 6 7.5 metres 40 percent 12 metres permitted in any (e) REAR YARD DEPTH (minimum): (f) LOT COVERAGE (maximum): (g) BUILDING HEIGHT (maximum): (h) OPEN STORAGE OR DISPLAY: A No open storage shall be yard. B No display except the display of automobiles or trucks in association with a vehicle sales or rental establishment, shall be permitted in any yard. (i) SPECIAL RESTRICTIONS: A The gross floor area of all type B restaurants on a lot shall not exceed 35% of t~e gross floor area of all buildings on the lot. B Sales outlets are permitted uses only if accessory to food preparation plants, light manufacturing plants or warehouses, and providing the gross floor area of the sales outlet does not exceed 20% of the gross floor area of the food preparation plant, light manufacturing plant or warehouse. C For the motel use and accessory commercial uses, the following parking requirements shall apply: 1 parking space per bedroom, plus 3.6 spaces per 100 square metres of gross floor area devoted to accessory commercial uses, and to public use other than bedrooms. For the purpose of this By-law, public use in a motel includes meeting rooms, conference rooms, recreational facilities, dining and lounge areas, but excludes washrooms and lobbies. D No more than one marquee may be erected and then only if it projects no more than 4.5 metres into a required front yard. 6. 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, except that sections 5.7 and 5.21.2 b) of By-law 3036 shall not apply to the area set out in Schedule "I" hereto. 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 continued... Page 7 (2) (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. 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. (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. 8. EFFECTIVE DATE This By-law shall take effect from thereof subject to the approval of Board, if required. the day of passing the Ontario Municipal READ A FIRST AND SECOND TIME THIS 22nd DAY OF October · 1 984 READ A THIRD TIME AND PASSED THIS 22nd DAY OF October , 1984 CLERK TO,/V~',~ OF DEPT. SC'6 SCHEDULE 'I' TO BY-LAW 1916/84 PASSED THIS 22nd DAY OF October ic~84 MAYOR CdER~