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HomeMy WebLinkAboutBy-law 929/78Approved by O.M.B January 30, 1979 file R-79358 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 929/78 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, Concession 1, Town of Pickering WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the establishment of storage and commercial automotive uses, including restaurants, on the subject lands, being part of Lot 19, Concession 1, 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: SECTION 1: BY-LAW 2511 (a) By-law 2511, passed by the Council of the Corporation of the Township (now Town) of Pickering on the 5th day of October, 1960, and approved by the Ontario Municipal Board on the 3rd day of January, 1963, and amended from time to time, is hereby further amended only to the extent necessary to give effect to the provisions of this bylaw. (b) Section 16.3.4 of By-law 2511, as added by subsection i of Section A of By-law 3935/71 passed by the Council of the Corporation of the Township (now Town) of Pickering on the 11th day of January, 1971, and approved by the Ontario Municipal Board on the 3rd day of March, 1971, is hereby revoked. SECTION 2: TEXT AMENDMENT Section 16 of By-law 2511, as amended, is hereby further amended by adding thereto the following subsection: 16.3.7 Part Lot 19, Concession 1 Notwithstanding the provisions of Section 16.1 or Section 16.2 hereof, the land designated CA2(S) on schedule "I" hereto shall be used only in accordance with the provisions of this subsection: A. Definitions (a) "Automobile Service Station" shall mean a gasoline retail outlet which also contains facilities for the repair and maintenance of vehicles on the premises, and in which vehicle accessories are sold and vehicle maintenance and repair operations are performed but shall not include a body shop as defined herein. (b) "Body Shy" shall mean an establishment primarily engaged in repairing or painting vehicle bodies. /continued 2. (c) "Car Wash" shall mean a building or structure containing facilities es specifically used or intended to be used for washing vehicles either by production line methods employ- ing mechanical devices or by hand. (d) (i) "Floor Area" shall mean the area of the floor surface o a storey or part of a storey. (ii) "Gross Floor Area" shall mean the aggregate of the floor areas o a storeys of a building or structure other than a private garage, an attic or a cellar. (e) "Gasoline Retail Outlet" shall mean an establishment where only vehicle fuels and lubricants are offered for retail sale. (f) "Restaurant" 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 or off the premises, or both. (g) "Self-Serve" when used in reference to an automobile service station or a gasoline retail outlet, shall mean an automobile service station or a gasoline retail outlet wherein some or all of the facilities or equipment used in the retail sale of petroleum fuels for the purpose of dispensing such fuels are operated by the purchaser thereof. (h) "Vehicle Repair Shop" shall mean an establishment containing facilities for the repair and maintenance of vehicles on the premises, in which vehicle accessories are sold and vehicle maintenance and repair operations are performed in return for remuneration, but shall not include a body shop or any establishment engaged in the retail sale of vehicle fuels. (i) "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-stuff, substances, articles or things, and includes the premises of a warehouseman but shall not include a fuel storage tank except as an accessory use. B. Uses Permitted No person shall within the lands designated CA2(S) on Schedule "I" hereto, use any lot or erect, alter or use any building or structure for any purpose except one or more of the following uses, namely: (a) automobile service stations, self serve (b) car washes (c) gasoline retail outlets, self serve (d) restaurants (e) vehicle repair shops (f) warehouses C. Zone Requirements No person shall within the landsdesignated CA2(S) on Schedule "I" hereto, use any lot or erect, alter or use any building or structure except in accordance with the following provisions: /continued (a) LOT AREA (minimum) (b) LOT FRONTAGE (minimum) (c) FRONT YARD (minimum) (d) SIDEYARD (minima) (i) interior side yard (ii) flankage side yard (e) REAR YARD (minimum) (f) LOT COVERAGE (maximum) (g) BUILDING HEIGHT (maximum) - 0.4 hectares - 45 metres - 18 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 RESTRICTION ON RESTAURANTS The gross floor area of all restaurants on a lot shall not exceed 18% of the gross floor area of all buildings on the lot. SECTION 3: SCHEDULE "A" AMENDMENT (a) Schedule "A" to By-law 2511, as amended, is hereby further amended by altering from "M1 Specific" to "CA2(S)" the Zone designation of the lands designated CA2(S) on Schedule "I" attached hereto and located in part of Lot 19, Concession 1, Town of Pickering. (b) Schedule "A" to By-law 3935/71 is hereby revoked and the schedule attached hereto as Schedule "II" is substituted therefor. SECTION 4: EFFECTIVE DATE No part of this by-law shall come into force without the approval of the Ontario Municipal Board, but subject to such approval this by-law shall take effect from the day of passing thereof. READ A FIRST AND SECOND TIME THIS 21st DAY OF December , 1978. READ A TH D TIME AND PASSED THIS 21st SActing) MA/YOR/ TOWN OF PICKERiNG APPROVED S TOTOR,9 8. LEGAL 0 I __j PLUMMER ST. -V4 Q O x BAYLY STREET BROCK ROAD-BAYLY STREET ZONING MAP SCHEDULE Is I" TO BY-LAW 929/78 PASSED THIS 21st DAY OF December 1978 MAYOR ( cti q) Oil LANGHAM RD. l . PLUMMER ST. 0 a 0 cr BAY LY STREET 1w SCHEDULE n TO BY-LAW 929/78 BROCK ROAD-GAYLY STREET ZONING MAP SCHEDULE °A° TO BY-LAW 3935/71 AS AMENDED BY BY-LAW PASSED THIS 21st DAY OF December M YOR ( cti ) 1978 CLERK -( nu t_INGHAM KU.