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HomeMy WebLinkAbout By-law 1740/83THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 1740/83 Being a Restricted Area 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 29, Range 3, Broken Front Concession, (Part 1, Plan 40R-5415) in the Town of Pickering. WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the development of an automobile service station on the subject lands, being Part Lot 29, Range 3, Broken Front Concession (Part 1, Plan 40R-5415), in the Town of Pickering; 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: 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 Part Lot 29, Range 3, Broken Front Concession, (Part l, Plan 40R-5415) Pickering, designated "CA(C)" on Schedule "I" attached hereto. in 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. DEFINTIONS In this By-law, "Automobile Service Station - Type 'C'" shall mean an establishment where vehicle fuels, lubricants and accessories are offered for retail sale and where facilities for the repair and maintenance of vehicles may be provided on the premises and may include a car wash, but shall not include a body shop, as defined herein; "Body Shop" shall mean an establishment primarily engaged in repairing or painting vehicle bodies; "Car Wash" shall mean a building or structure con- taining facilities specifically used or intended to be used for washing vehicles either by production line methods employing mechanical devices or by hand. continued... (4) (5) "Lot Coverage" shall mean the percentage of a lot area covered by all buildings on the lot: "Structure Height" shall between the established of the structure. mean the vertical distance grade and the highest point 5. PROVISIONS (1) Uses Permitted ("CA(C)" Zone) No person shall, within the lands designated, "CA(C)" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: (a) automobile service station type 'C' (2) Zone Requirements ("CA(C)" Zone) (a) For the purpose of this subsection, (i the lot line abutting The King's Highway No. (Kingston Road) and the lot line abutting Whites Road, or abutting reserves, shall be deemed to be front lot lines; (ii all other 'lot lines shall be deemed to be side lot lines; (iii there shall be no other front lot lines, no other side lot lines, no flankage lot lines and no rear lot lines. (b) No "CA(C)" on Schedule 'I' hereto, use any or erect, alter or use any building or structure except in compliance with the provisions: (i) SETBACK REQUIREMENTS (minimum): >erson shall, within the lands designated lot following A The minimum setback of any building or structure, except a sign, from a front lot line shall be lO.O metres. B The minimum setback of any building or structure, except a sign, from a side lot line shall be 3.0 metres. C All accessory structures that are not part of the main building shall be erected not less than 3.0 metres from any lot line. (ii) BUILDING HEIGHT (maximum): 12 metres (iii) LOT COVERAGE (maximum): 33 percent (iv) STRUCTURE HEIGHT (maximum): 12 metres continued... (2) o BY-LAW 3036 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 with in this By-law shall be governed by the relevant provisions of By-law 3036, as amended, except that the provisions of Section 5.18 (accessory buildings and uses) of By-law 3036 shall not apply to the lands subject of this By-law. ENFORCEMENT (1) (2) (3) Any person who contravenes any of the this By-law is guilty of an offence and is liable, provisions of on conviction (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. 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 repe- tition of the offence by the person convicted. 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 October , 1983 READ A THIRD TIME AND YOR (Acting) PASSED THIS 3rd __DAY OF October , 1983 PART ,' , 4CR-54:5 CA(C) C3 0 SCHEDULE 'T' TO BY- LAW' PASSED THIS , 3rd DAY OF October 19~ MAYOR (Acting) CLERK · / / 1740/83