HomeMy WebLinkAboutBy-law 1226/81THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 1226/81
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 18, 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 commercial -recreational uses, public
clubs and commercial clubs,in addition to the light industrial
and commercial uses presently allowed,on the subject lands,
being part of Lot 18, 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:
EDULE "I"
Schedule "I" hereto with notations and references shown
thereon is hereby declared to be part of this By-law.
AREA RESTRICTED
The provisions of this By-law shall apply to those lands
in Part Lot 18, Range 3, Broken Front Concession, Pickering,
designated "MC-1" 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:
(a) "Assembly 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 may include an auditorium or a
banquet hall, but shall not include a place of amusement
or entertainment as defined herein.
(b) "Bakery" shall mean a building or part of a building
where baked food products are prepared and offered
for retail sale, and which may include incidental
baking.
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Page 2
(c) "Business 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.
(d) "Commercial Club" shall mean an athletic, recreational
or social club operated for gain or profit and having
public or private membership.
(e) "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 may
include an arena or a stadium but shall not include a
place of amusement or entertainment as defined herein.
(f) "Coverage" or "Lot Coverage"shall mean the percentage
of lot area covered by all buildings on the lot.
(g) "Dr Cleaning 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.
(h) "Dry Cleaning Establishment" shall mean a building or
part of a building used for dry cleaning and related
processes but does not include a laundromat.
(i) 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.
(j) "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.
(k) "Fronta e" or "lot Fronta e" shall mean the width of
a lot between the side lot ines measured along a
line parallel to and 7.5 metres distant from the front
lot line.
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(1) "Laundromat" shall mean a self-serve clothes washing
establishment containing one or more washers and
drying, ironing, finishing or other incidental
equipment.
(m) 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.
(n) "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.
(o) "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 may include a billiard or pool room, a dance hall
a music hall, a pin-ball arcade, or a theatre.
(p) "Private Club" shall mean an athletic, recreational or
social club not operated for gain or profit and having
private membership.
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(q) "Professional Office" shall mean a building or part
of a building i' h ch 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.
(r) "Public Club" shall mean an athletic, recreational
or social club not operated for gain or profit and
having public membership.
(s) "Restaurant-Type A" 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.
(t) "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.
(u) "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.
(v) "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.
(w) i) "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 fu 1 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.
iii) "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.
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Page 5
iv) "Rear Yard" shall mean a yard extending across the
u wi t 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.
v) "Rear Yard De th" shall mean the
a imension o a rear yard of a
rear lot line or, where there is
the junction point of the side 1
nearest wall of the nearest main
on the lot.
shortest horizont-
lot between the
no rear lot line,
Dt lines, and the
building or structure
vi) "Side Yard" shall mean a yard of a lot extending
rom t e ront 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.
vii) "Side Yard Width" shall mean the shortest horizont-
a imension o 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.
viii) "Flank age Side Yard" shall mean a side yard immediately
aarjoinfng 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
tlan a an age side yard.
5. PROVISIONS ("MC-1" Zone)
A. Uses Permitted
No person shall within the lands designated MC-1 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 subject to
the provisions of subclause (j) of clause B of this
subsection
(f) dry cleaning depots, subject to the provisions of
paragraph (4) of subclause (i) of clause B of this
subsection
(g) dry cleaning establishments
(h) food preparation plants
(i) light manufacturing plants
(j) merchandise service shops
(k) private clubs
(1) professional offices
(m) public clubs
(n) restaurants, type A, subject to the provisions of
paragraphs (1) and (2) of subclause (i) of clause
B of this subsection
(o) sales outlets, subject to the provisions of paragraph
(3) of subclause (i) of clause B of this subsection
(p) scientific, research or medical laboratories
(q) warehouses
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Page 6
B. Zone Requirements ("MC-1" Zone)
No person shall, within the lands designated MC-1 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)
(b) LOT FRONTAGE (minimum)
(c) FRONT YARD DEPTH (minimum)
(d) SIDE YARD WIDTH (minima)
(i) interior side yard
(ii) flankage side yard
(e) REAR YARD DEPTH (minimum)
(f) LOT COVERAGE (maximum)
(g) BUILDING HEIGHT (maximum)
- 0.4 hectares
- 45 metres
- 12 metres
- 4.5 metres
- 12 metres
- 7.5 metres
- 40 percent
- 12 metres
(h) OPEN STORAGE
No open storage shall be permitted in any yard.
(i) SPECIAL RESTRICTIONS
(1) The gross floor area of all type A restaurants
on a lot shall not exceed 35% of the gross floor
area of all buildings on the lot.
(2) Notwithstanding (1) above, the gross floor area
of all type A restaurants on a lot may exceed
35%, but may not exceed 60% of the gross floor
area of all buildings on the lot providing the
gross floor area of all type A restaurants on
the lot does not exceed 10% of the lot area.
(3) 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 20%
of the gross floor area of the food preparation
plant, light manufacturing plant, merchandise
service shop or warehouse.
(4) 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.
(j) SPECIAL PROVISIONS
Notwithstanding the requirements of section 5A
above, a place of amusement or entertainment which
is a billiard or pool room may be permitted only
in connection with a commercial-recreational
establishment which is a bowling alley
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RI
BY-LAW 2511
(a) 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.
(b) By-law 1022/79, amending By-law 2511, passed by the
Corporation of the Town of Pickering on the 3rd day
of July,. 1979, and approved by the Ontario Municipal
Board on the 17th day of August, 1979, is hereby
repealed.
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, 1979.
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.
A FIRST AND SECOND TIME THIS 2nd
ROAD A THIRD TIME AND PASSED THIS 2nd
T"N OF
vL
DAY OF February , 1981
DAY OF February , 1981
i
CL K
SCHEDULE T
TO BY-LAW 1226/81
PASSED THIS 2nd
DAY OF February 198,