HomeMy WebLinkAboutBy-law 1346/81THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 1346/81
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 Lots 20,
21 and 22, Concession 1, in the Town of Pickering.
WHEREAS the Council of the Corporation of the Town of Pickering
passed By-law 1156/80, amending By-law 3036, to permit the
establishment of residential semi-detached dwellings,
residential triplex dwellings, residential double-triplex
dwellings, commercial office buildings, light industrial
buildings, and an open space esplanade on the subject lands;
AND WHEREAS By-law 1156/80 was amended by By-law 1268/81 in
order to clarify certain definitions and provisions relating
to the residential triplex and double-triplex dwellings;
AND WHEREAS it is now deemed desirable to further amend By-law
3036 as amended by By-laws 1156/80 and 1268/81, to permit the
development of residential apartment dwellings in place of
residential semi-detached dwellings, residential triplex
dwellings and residential double-triplex dwellings, and on
one of the blocks designated "H" (holding zone);
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 Lots 20, 21, and 22, Concession 1, Pickering, designated
"H", "RMII", "RHI", "C-011, "Ml-2" and "01-1" 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
a) "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 bank, 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, but shall not
include a retail store.
continued...
Page 2
b) "Dr Cleaning Establishment" shall mean a building or
part o a building use or dry cleaning and related
processes but does not include a laundromat.
c) i) "Dwelling" shall mean a building or part of a
bui'f id'ng containing one or more dwelling units,
ii) "Dwelling _Unit" shall mean one or more habitable
rooms occupied or capable of being occupied as a
single, independent and separate housekeeping unit
containing a separate kitchen and sanitary facilities.
iii) "A artment Dwellin " shall mean a dwelling containing
our or more we ing units attached horizontally or
vertically, each unit having access from an internal
corridor system connecting with at least one common
entrance from outside the dwelling.
d) "Es lana?de" shall mean an area of land consisting primarily
of Tan?caped open space but which also may include public
recreational uses and public entertainment uses as well
as kiosks and newstands.
e) i) "Floor Area" shall mean the area of the floor surface
conta- i within the outside walls of a storey or
part of a storey.
ii) "Gross Floor Area" shall mean the aggregate of the
floor areas o a 1 the storeys of a building or
structure, or a part thereof, as the case may be,
other than a private garage, an attic or a cellar.
f) "Food Pre aration Plant" shall mean a building or part
o a bui ing in whit processed food products are
cooked, baked, mixed, packaged or otherwise prepared
for distribution to retail or institutional outlets.
g) "Lot" shall mean an area of land fronting on a street
wh^ ch is used or intended to be used as
i) the site of a building, or a group of buildings, as
the case may be, together with any accessory buildings
or structures,
ii) a parking lot, or
iii) a public park including an esplanade
regardless of whether or not such lot constitutes the
whole of a lot or block on a registered plan of
subdivision.
h) AN Covers e" shall mean the percentage of lot area
covere by a 1 buildings on the lot.
i) "Lot Fronts e" shall mean the width of a lot between
t e si a of lines measured along a line parallel to
and 7.5 metres distant from the front lot line.
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Page 3
j) i) "Manufacturing Plant" shall mean a building or part
o a bui ding 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) "Li ht Manufacturin Plant" shall mean a manufacturing
p Tint use or:
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 applied
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, radios and electronic components.
k) "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 and the offices of an architect, chartered
accountant, engineer, lawyer or physician but shall not
include a bodyrub parlour as defined in The Municipal
Act, R.S.O. 1970, Chapter 284, or any successor thereto.
1) "Restaurant Type B" 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 only.
m) "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.
n) "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, foodstuffs, substances,
articles or things, and may include the premises of a
warehouseman but shall not include a fuel storage tank
except as an accessory use.
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Page 4
o) 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.
ii) "Front Yard" shall mean a yard extending across the
ful 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 o 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.
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 Depth" shall mean the shortest horizontal
Tmension o 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.
vi) "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.
vii) "Side Yard Width" shall mean the shortest horizontal
dimension 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) "Flankage Side Yard" shall mean a side yard immediately
arming a street or abutting a reserve on the
opposite side of which is located a street.
ix) "Interior Side Yard" shall mean a side yard other
than a tankage side yard.
5. PROVISIONS
5.A.1 Uses Permitted ("RMII" Zone)
No person shall within the lands designated "RMII" on
Schedule "I" hereto, use any lot or erect, alter or
use any building or structure for any purpose except
the following:
a) residential use - apartment dwellings
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Page 5
5.A.2 Zone Requirements ("RMII" Zone)
No person shall within the lands designated "RMII"
on Schedule "I" hereto, use any lot or erect, alter
or use any building or structure except in accordance
with the following provisions:
a) BUILDING HEIGHT (maximum):
b) DENSITY REQUIREMENTS:
i) minimum: 51 units per hectare
ii) maximum: 75 units per hectare
c) PARKING REQUIREMENTS (minimum)
5.B.1 Uses Permitted ("RHI" Zone)
21 metres
1.5 parking
spaces per dwelling
unit
No person shall within the lands designated "RHI"
on Schedule "I" hereto, use any lot or erect, alter
or use any building or structure for any purpose except
the following:
a) residential use - apartment dwellings
5.B.2 Zone Requirements ("RHI" Zone)
No person shall within the lands designated "RHI" on
Schedule "I" hereto, use any lot or erect, alter or
use any building or structure except in accordance with
the following provisions:
a) BUILDING HEIGHT (maximum):
b) DENSITY REQUIREMENTS:
i) minimum: 75 units per hectare
ii) maximum: 84 units per hectare
c) PARKING REQUIREMENTS (minimum):
5.C.1 Uses Permitted ("C-0" Zone)
21 metres
1.5 parking
spaces per dwelling
unit
No person shall within the lands designated "C-0" on
Schedule "I" hereto, use any lot or erect, alter or
use any building or structure for any purpose except
the following:
a) business offices
b) professional offices
c) restaurants, type B
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Page 6
5.C.2 Zone Requirements ("C-0" Zone)
No person shall within the lands designated "C-0" 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) INTERIOR SIDE YARD WIDTH
(minimum):
e) FLANKAGE SIDE YARD WIDTH
(minimum):
f) REAR YARD DEPTH (minimum):
g) LOT COVERAGE (maximum):
h) BUILDING HEIGHT (maximum):
i) PARKING REQUIREMENT (minimum)
j) SPECIAL RESTRICTIONS:
0.4 hectares
45 metres
12 metres
7.5 metres
12 metres
7.5 metres
45 percent
43 metres
one parking space per
32 square metres gross
floor area.
The aggregate of the gross floor areas of all buildings
on the lot shall not exceed 37,160 square metres less
the aggregate (in excess of 6,366 square metres) of
the gross floor areas of any buildings or additions
to buildings that are erected on the parcel of land
which is shaded on Schedule "I" attached hereto,
being lands immediately to the west of the lands
designated "C-0" on the said Schedule.
5.D.1 Uses Permitted ("M1-2" Zone)
No person shall within the lands designated "Ml-2" on
Schedule "I" hereto, use any lot or erect, alter or
use any building or structure for any purpose except
the following:
a) dry cleaning establishments
b) food preparation plants
c) light manufacturing plants
d) scientific, research or medical laboratories
e) warehouses
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Page 7
5.D.2 Zone Requirements ("Ml-2" Zone)
No person shall within the lands designated "M1-2" 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):
b) LOT FRONTAGE (minimum):
c) FRONT YARD DEPTH (minimum):
d) INTERIOR SIDE YARD WIDTH
(minimum) :
e) FLANKAGE SIDE YARD WIDTH
(minimum):
f) REAR YARD DEPTH (minimum):
g) LOT COVERAGE (maximum):
h) BUILDING HEIGHT (maximum);
i) OPEN STORAGE:
5.E.1 Uses Permitted ("01-1" Zone)
0.3 hectares
45 metres
3 metres
4.5 metres
4.5 metres
7.5 metres
50 percent
12 metres
no open storage shall
be permitted in any
yard
No person shall within the lands designated "01-1"
on Schedule "I" hereto, use any lot or erect, alter
or use any building or structure for any purpose
except the following:
a) esplanade
5.E.2 Zone Requirements ("01-1" Zone)
No person shall within the lands designated "01-1"
on Schedule "I" hereto, use any lot or erect, alter
or use any building or structure except in accordance
with the following provisions:
a) public uses shall be permitted anywhere within the
area designated "01-1";
b) kiosks and newstands shall be permitted only within
5 metres of a lot line;
c) the gross floor area of any individual kiosk or
newstand shall not exceed 14 square metres.
5.F.1 Uses Permitted ("H" Zone)
No person shall within the lands designated "H" on
Schedule "I" hereto, use any lot or erect, alter or
use any building or structure for any purpose except by
amendment to this By-law, such amendments to be enacted
in accordance with the draft plan of subdivision
18T-79008 approved by the Ministry of Housing on March
25th, 1980, or any successor thereto, and at such time
as such lands can be developed in compliance with the
relevant provisions of the Official Plan of the
Regional Municipality of Durham and the District Plan
for the District Planning Area of the Town of Pickering,
including amendments and modifications thereto.
Page 8
6. BY-LAW 3036
a) 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 subsections 2.57
and 6.1 of By-law 3036, as amended, shall not apply to the
areas designated "RMII" and "RHI" on Schedule "I" hereto.
b) By-laws 1156/80 and 1268/81, amending By-law 3036, are
hereby revoked.
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, 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 20th DAY OF August , 1981.
READ A THIRD TIME AND PASSED THIS 20th DAY OF August , 1981.
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MAYOR
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CLERK
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