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Home My WebLink AboutBy-law 1494/82TIlE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 1494/82 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 25, Concession l, in the Town of Pickering. WHEREAS the Council of the Corporation Pickering deems it desirable to permit on the subject lands of a local central various commercial establishments~ of the Town of the development area comprising 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. AREA RESTRICI'ED The provisions of this By-law shall apply to those lands in Lot 25 Concession l, Pickering, designated "LCA-2" on Schedule "I" attached hereto. o GENERAL PROVISIONS No building, land be used, occupied, altered except in of this By-law. or part thereof shall hereafter erected, moved or structurally conformity with the provisions DEFINITIONS In this By-law, (1) "Assembly Hall" shall mean a building or part of a building in which facilities are provided for purposes such as civic, educational, political, religioL's or social meetin§s and which may include an auditorium or a banquet hall. (2) "Bakery"shall mean a building or part of a building it, which baked food products are prepared and offered for retail sale, and which may include ~nciden~al baking. conti nLled... (3) (4) Page 2 "Business Office" shall mean a building or part of a buitding in which one or more persons are employed i~ the management, direction or conducting of a busi~less, a public or private agency, a brokerage or a labour or fraternal organization, 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. "Commercial Club" shall mean an athletic, recrea'tional or social club operated for or profit and having public or private membership. gain (5) "Commercial-Recreational Establishment" shall (6) (7) (8) (9) 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. "Day Nursery" shall mean lands and pre.nises ~J-~-[y licenced pursuant to the provisions of The Day Nurseries Act, or any successor thereto, and for use as a facility for the daytime care of children. "D[y~C_lean~ing Depo? 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 an institution Tn which money is deposited, kept, lent or exchanged. (10) "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 stbred, offered or kept for retail sale to the public. (ll) "Games Arcade" shall mean any building, room or area in which are offered facilities for tile play of: (a) three or more games of chance; (b) three or more games of mixed chance and skill; or (c) a combination of three or more games of chance and games of mixect chance and skill, for the amusement of the public, which games are not contrary to the Criminal Code of Canada, but does no~ include premises in which ti~e only amusemen~ facilitie~ offered ar~ pool tables; billiard tables or I~owlin(] alleys. continucd... Page 3 (12) "Gross Retail and Personal Service Floor Area" ~ mean ~-[~ gross retai'l and perso-~-B-fi-~l service floor space contained in all buildings and structures on the lot, as such space is defined .in section 8.2.2 of the Official Plan of the Regional Municipality of Durham, as amended from time to time, or any successor thereto. (13) "Laundromat" shall mean a self-serve clothes washing establishment containing one or more washers and drying, ironing, finishing or other incidental equipment. (14) "Lot Covera_g_~" shall mean the percentage of Tot area covered by all buildings on the lot. (15) "Personal Service S~.op" 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. 1970, Chapter 284, as amended from time to time or any successor thereto. 06) "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 ~/hich may include a billiard or pool rooms a dance hall, a music hall, or a theatre, but shall not include a games arcade. (17) "Private Club" shall mean an athletic, recreational or social club not operated for gain or profit and having private membership. (18) "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 la~lyer or a physician~ but shall not include a body-rub parlour as defined in The Municipal Act, R.S.O. 1970, Chapter 284, as amended from time to time, or any successor thereto. (19) "Public Club" shall mean all athletic, recreational or social club not operated -For gain nr profit and having public membership. (20) "~estaurant-i[~(_~!e .~" shall mean a building or part'cf a building where food is prepared and offered or kept for retail sale to the public for immediate consumption o~ the premises or off the premises, or both on and off the premises. (21) "Retail Store" shall mean a building or part of a ~-{l-Tlding lr(f t.~hicil goods? wares, merchandise, substances, articles or thin,.is are stored, offered or kept for retail sale to the public. contint~,~d... Page 4 (22) (al (b) (c) (d) (el (fl (gl (h) (il "Yard" shall mean an area of land which ~s 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 Dept~" shall mean the shortest hoFizontal 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 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~th"De shall mean the shortest h--6-~izonta]--~sion 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. ~.e. Side Yard" shall mean a ely adjoining a street or on a reserve on the opposite side is a street. side yard abutting of which "Interior Side Yard" shall mean a side yard other than a l:lankage side yard. conti n~led... Page 5 PROVISIONS (1) Uses Permitted ("LCA-2" Zone) N'o person shall with the lands designated "LCA-2" on Schedule "I" hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (a) assembly halls (b) bakeries (c) business offices (d) commercial clubs (e) commercial-recreational establishments (f) commercial schools (g) day nurseries (h) dry cleaning depots (i) financial institutions (j) food stores (k) laundromats (1) personal service shops (m} places of amusement or entertainment (n) private clubs (o) professional offices (p) public clubs (q) restaurants type A (r) retail stores {2) Zone Requirements ("LCA-2" Zone) No person shall within the lands designated "LCA-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) FRONT YARD DE?TH (minimum (b) INTERIOR SI[JE ~ARD WIDTH (minimum): (c) FLANKAGE SYDE YARD WIDTH (minimum): (d) REAR YARD DEPTit (minimum) (e) LOT COVERAGE (maximum): (f) BUILDING HEIGHT (maximum) : 15 metres 15 metres 15 metres 10 metres 33 percent 15 metres continued... Page 6 (g) GROSS RETAIL AND PERSONAL SERVICE FLOOR AREA (maximum): 5575 square metres 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. 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, 8. EFFECTIVE DATE This Dy-law shall take effect hereof subject to the approval Board, if required. from the day of passing of tile Ontario Municipal READ A FIRST AND SECOND TIME TltIS i?thDAY OF Max , 1981 READ A THIRD TIME AND PASSED THIS l?thDAY OF May ____, 1981 MAYO TOWN OF PICKERINGo APPROVED .AS TO FORM LEGAL D~ FINCH AVENUE LCA'2 DISTANCES SHOWN tN METEES (~ SCHEDULE 'I' TO BY-LAW 1494/82 PASSED THIS DAY OF May 1982 CLERK