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HomeMy WebLinkAboutBy-law 1471/82THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 1471/82 Being a Restricted Area By-law to amend Restricted Area By-law 2511, as amended, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham, in Part Lot 19, Range 3 Broken Front Concession, in the Town of Pickering. WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the establishment of light industrial and commercial uses on the subject lands, being part of Lot 19, Range 3, Broken Front Concession, in the Town of Pickering. AND WHEREAS an amendment to By-law 2511 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 Lot 19, Range 3, Broken Front Concession, Pickering, designated "MC-2" on Schedule "I" attached hereto. 3. GENERAL ~ROVISI. ONS 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: (a) 'tBusiness Office" shall mean a building or part of a building in which one or more persons are employed in the management, direction or conducting of a business, a public or private agency, a brokerage or a labour or fraternal organization, and may include a financial institution, a telegraph office, a data processing establishment, a radio or television broadcasting station and related studios or theatres but shall not include a retail store. (b) "Cov. erage" or "Lot Coverage" shall mean the percentage of lot area covered by all buildings on the lot. continued... (c) (d) (e) (f) (g) (h) "Dry Cleag.in9 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. "Dry Cleanin9 Establishment" shall mean a building or part of a building"for dry cleaning and related processes but does not include a laundromat. i) "Floor Area" shall mean the area of the floor surface contained within the outside walls of a storey or part of a storey. ii) "Gross Floor Area" shall mean the aggregate of the floor areas of all storeys of a building or structure or a portion thereof, as the case may be, other than a private garage, an attic or a cellar. "Food Preparation Plant" shall mean a building or part of a buil"ding in which processed food products are cooked, baked, mixed, packaged or otherwise prepared for distribution to retail or institutional outlets. "Frontage" or "Lot F.~.ontage" shall mean the width of a l'ot be'~ween the side lot lines measured along a line parallel to and 7.5 metres distant from the front lot line. "Laundromat" shall mean a self-serve clothes washing establishment containing one or more washers and drying, ironing, finishing or other incidental equipment. i) "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, repairing, ornamenting, finishing, cleaning, polishing, washing, packing, adapting for sale, breaking up or demolishing the said article. ii) "Light Manufacturing Plant" shall mean a manufacturing plant used for: a) the production of apparel and finished textile products other than the production of synthetic fibres; b) printing or duplicating; c) the manufacture of finished paper and allied products other than the processing of wood pulp; d) the production of cosmetics, drugs and other pharmaceutical supplies; or e) 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. continued... (J) (k) 1) m) n) (o) "Merchandise Service Shop" shall mean an establishment where articles or goods including, but not necessarily limited to business machines, appliances, furniture or similar items, are repaired or serviced, and includes the regular place of business of a master electrician or master plumber, but shall not include a manufacturing plant, any establishment used for the service or repair of motorized vehicles, or a retail store other than a sales outlet. "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 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 Section 368a(6) of The Municipal Act, R.S.O. 1970, Chapter 284, as amended from time to time, or any successor thereto. "Sales Outlet" shall mean a building or part of a building accessory to a manufacturing plant, a merchandise service shop, a food preparation plant or a warehouse, wherein products manufactured, produced, processed, stored, serviced or repaired on the premises are kept or displayed for rent or for wholesale or retail sale, or wherein orders are taken for future delivery of such products. "Scientific, Research or Medical Laboratory" shall mean a building or part of a building wherein 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. "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. i) ii) iii) "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. "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 De th" sh 1 · .. p . a 1 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. continued... iv) v) vi) vii) viii) "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. "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 immediatel'y'adjoining a street or abutting a reserve on the opposite side of which is a street. ix) "Interior Side Yard" shall mean a side yard other than a flankage side yard. 5. PROVISIONS ("MC-2" ZONE) A. Uses Permitted No person shall within the lands designated MC-2 on Schedule "I" hereto, use any lot or erect, alter or use any building or structure for any purpose, except the following uses: i) J) business offices dry cleaning depots, subject to the provisions of paragraph (2) of subclause (i) of clause B of this subsection dry cleaning establishments food preparation plants light manufacturing plants merchandise service shops professional offices sales outlets, subject to the provisions of paragraph (1) of subclause (i) of clause B of this subsection scientific, research or medical laboratories warehouses continued... B o Zone Requirements ("MC-2" ZoneI No person shall, within the lands designated MC-2 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) 45 metres (c) FRONT YARD DEPTH (minimum) 12 metres (d) SIDE YARD WIDTH (minimum) (i) interior side yard (ii) flankage side yard 4.5 metres - 8 metres (e) REAR YARD DEPTH (minimum) 7.5 metres (f) LOT COVERAGE (maximum) - 40 percent (g) BUILDING HEIGHT (maximum) 12 metres (h) OPEN STORAGE No open storage shall be permitted in any yard. (i) SPECIAL RESTRICTIONS (1) Sales outlets are permitted uses only if accessory to food preparation plants, light manufacturing plants, merchandise service shops or warehouses, and providing the gross floor area of the sales outlet does not exceed 48% of the gross floor area of the food preparation plant, light manufacturing plant, merchandise service shop or warehouse. (2) Dry Cleaning depots are permitted uses only if accessory to dry cleaning establishments and providing the gross floor area of the dry cleaning depot does not exceed 20% of the gross floor area of the dry cleaning establishment. 6. BY-LAW 2511 By-law 2511, 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" hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 2511, as amended. 7. ENFORCEMENT Any person who contravenes any of the provisions of this By-law shall be liable upon conviction thereof to a fine not exceeding $1,000.00 for each offence, exclusive of costs, recoverable under The Provincial Offences Act. continued... 8. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof, subject to the approval of the Ontario Municipal Board, if required. READ A FIRST AND SECOND TIME THIS 19th DAY OF April , 1982. READ A THIRD TIME AND PASSED THIS - ~/IYOR 19th DAY OF April , 1982o I BAYLY DILLINGHAM ROAD STREET ORANGEBROOK COURT II i SCHEDULE 'Z' TO BY-LAW 1471/82 PASSED THIS D~ ~' April 1982 CLERK , SCHEDULE 2(i) The purpose and effect of the by-law is to rezone the subject lands from 'M2' Industrial Zone to 'MC-2' Industrial Commercial Zone, a zoning designation which will permit the establishment of light industrial uses which may require ancillary sales outlets, and certain office uses.