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Home My WebLink AboutBy-law 1340/81THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 1340/81 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, Concession 1, in the Town of Pickering. WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the establishment on the subject lands of a community central area shopping centre; 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: 1. 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 Lot 29, Concession 1, Pickering desingated "CCA-2" 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) "Assembl Hall" shall mean a building or part of a building in whic facilities are provided for purposes such as civic, educational, political, religious or social meetings and which may include an auditorium or a banquet hall. 2) "Bakery" shall mean a building or part of a building in which baked food products are prepared and offered for retail sale, and which may include incidental baking. 3) "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 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. 4) "Commercial Club" shall mean an athletic, recreational or social club operated for gain or profit and having public or private membership. 5) "Commercial-Recreational Establishment" shall mean a commer- cial 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. continued.. Page 2 6) "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. 7) "Day Nursery" shall mean lands and premises duly 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. 8) "Dry 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. 9) "Financial Institution" shall mean an institution in 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 stored, offered or kept for retail sale to the public. 11) "Gross Retail and Personal Service Floor Area" shall mean the gross retail and personal 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. 12) "Laundromat" shall mean a self-serve clothes washing estab- lishment containing one or more washers and drying, ironing, finishing or other incidental equipment. 13) "Lot Covera a"shall mean the percentage of lot area covered by all uildings on the lot. 14) "Personal Service Shop" 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 parlor as defined in The Municipal Act, R.S.O. 1970, Chapter 284, as amended from time to time or any successor thereto. 15) "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 which may include a billiard or pool room, a dance hall, a music hall, a pin-ball arcade, or a theatre. 16) "Private Club" shall mean an athletic, recreational or social club not operated for gain or profit and having private membership. 17) "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 parlor as defined in The Municipal Act, R.S.O. 1970, Chapter 284, as amended from time to time, or any successor thereto. 18) "Public Club" shall mean an athletic, recreational or social club not operated for gain or profit and having public membership. continued.. Page 3 18) "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. 19) "Retail Store" shall mean a building or part of a building in which goods, wares, merchandise, substances, articles or things are stored, offered or kept for retail sale to the public. 20) (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. (d) "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 it 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. (g) "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. (h) "Flankage Side Yard" shall mean a side yard immediately adjoining a street or abutting on a reserve on the opposite side of which is a street. (i) "Interior Side Yard" shall mean a side yard other than a flankage side yard. 5. PROVISIONS (1) Uses Permitted ("CCA-2") No person shall within the lands designated "CCA-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 continued.. Page 4 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 "CCA-2" No person shall within the lands designated "CCA-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 DEPTH (minimum) b) INTERIOR SIDE YARD WIDTH (minimum) c) FLANKAGE SIDE YARD WIDTH (minimum) d) REAR YARD DEPTH (minimum) e) LOT COVERAGE (maximum) f) BUILDING HEIGHT (maximum) g) GROSS RETAIL AND PERSONAL SERVICE FLOOR AREA (maximum) h) GROSS OFFICE FLOOR AREA (maximum) 15 metres 15 metres 15 metres 15 metres 33 percent 12 metres 16,725 square metres 500 square metres 6. 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. continued.. Page 5 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 Provin- cial Offences Act, 1979. 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 6th DAY OF July , 1981. READ A THIRD TIME AND PASSED THIS 6th DAY OF July , 1981. CCA-2 ?pNE STROUDS N SCHEDULE '1' TO BY -LAW 1340/81 PASSED THIS 6 th DAY OF July 1981 MAYOR i CLERK