HomeMy WebLinkAboutBy-law 3893/91THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 3893 /91
Being a By-law to amend Restricted Area (Zoning) By-law 2511, as amended,
to implement the Official Plan of the Town of Pickering District Planning
Area, Region of Durham, in Part of Lot 18, Concession 1, Town of Pickering.
(OPA 90-027/P; A 4/90)
WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to
permit certain industrial and commercial uses on the subject lands, being Part of Lot 18,
Concession 1, in the Town of Pickering;
AND WHEREAS an amendment to By-law 2511, as amended, is therefore deemed
necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
PICKERING HEREBY ENACTS AS FOIl OWS:
SCHEDULE I
Schedule I attached hereto with notations and references shown thereon are hereby
declared to be part of this By-law.
AREA RESTRICTED
The provisions of this By-law shall apply to those lands in Part of Lot 18, Concession 1
in the Town of Pickering, designated "MC-8" on Schedule I attached hereto.
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) "Body Shop" shall mean an establishment engaged in repairing or painting
vehidle bodies;
(2)
'Business Office' shall mean a building or part of a building in which the
management or direction of a business, a public or private agency, a brokerage
or a labour or fraternal organization is carried on, 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 theaters, but shall not include a
retail store;
(3)
"Commercial-Recreational Establishmenff shall mean a commercial
establishment in which indoor recreational facilities such as bowling alleys,
miniature golf courses, roller skatin~ .rinks, squash courts, swimming pools and
other similar indoor recreation 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;
(4)
"Dry Cleaning Establishment - Non-Venting" shall mean a building or part of a
building where a dry cleaning plant, with a dry weight capacity of 60 pounds
which does not vent gases or odours and is operated separately or in association
with dry-dyeing, cleaning, laundering, pressing or incidental tailoring or repair
of articles or goods of fabric is carried on, in which only non-flammable fabrics
are or can be used which do not emit noxious odours or fumes and in which no
noise or vibration causes a nuisance to neighbouring premises;
(5)
(a)
"Floor Area" shall mean the aggregate of the floor areas of all storeys above
or below established grade, but shall exclude the floor area of any parts of
the building used for mechanical equipment, stairwells, elevators, and any
part of the building below established grade other than that used for retail
commercial or office purposes;
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(b) "Gross Leasable Floor Area" shall mean the aggregate of the floor areas of
all storeys above or below established grade, designed for owner or tenant
occupancy or exclusive use only, but excluding storage areas below
established grade;
(6)
"Lot" shall mean an area of land fronting on a street which is used or intended
to be used as the site of a building, or a group of buildings, as the case may be,
together with any accessory buildings or structures, or a public park or open
space area, regardless of whether or not such lot constitutes the whole of a lot or
block on a registered plan of subdivision;
(7) (a) "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, polishing, washing,
packing, adapting for sale, breaking up or demolishing the said article;
(b) "Light Manufacturing Plant" shall mean a manufacturing plant used for:
(i) the production of apparel and finished textile products other than
the production of synthetic fibres;
(ii) printing or duplicating;
(iii) the manufacture of finished paper other than processing of wood
pulp;
(iv) the production of cosmetics, drugs and other pharmaceutical
supplies; or
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;
(8)
"Merchandise Service Shop" shall mean an establishment where articles or
~uOOdS including, but not necessarily limited to, business machines, appliances,
rniture 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 p. lant, or any establishment used for the service or
repair of vehicles or a retail store;
(9)
"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, or a theatre, but shall not include a games arcade or an adult
entertainment parlour as defined in the Municipal Act, R.S.O. 1980, Chapter
302, as amended from time to time, or any successor thereto;
(10) "Sales Outlet" shall mean a building or part of a building accessory to a light
manufacturing plant, a merchandise servxce 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;
(11) "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;
(12) "Vehicle Sales or Rental Establishment" shall mean an establishment used for
the sale, service, rent or lease of vehicles and which may include as an accessory
thereto a vehicle repair shop, but shall not include an establishment engaged in
the retail sale of motor vehicle fuels;
(13) "Warehouse" shall mean a building or part of a building which is used for the
housing, storage, adapting for sale, packaging, or wholesale distribution of
~oods, 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;
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(14)
"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;
PROVISIONS
(1) (a) Uses Permitted ("MC-8"Zone)
No person shall within the lands designated "MC-8" on Schedule I attached
hereto use any lot or erect, alter or use any building or structure for any
purpose except the following:
(i) body shop
(ii) business office
(iii) commercial-recreational establishment
(iv) dry cleaning establishment - non-venting
(v) light manufacturing plant
(vi) merchandise service shop
(vii) sales outlet
(viii) vehicle repair shop
(ix) vehicle sales or rental establishment
(x) warehouse
(b) Zone Requirements ("MC-8" Zone)
No person shall within the lands designated "MC-8" on Schedule I attached
hereto use any lot or erect, alter or use any building except in accordance
with the following provisions:
BUILDING HEIGHT (maximum): 12 metres
(i)
(ii)
(iii)
(iv)
YARD SETBACKS (minimum):
OUTDOOR STORAGE:
PARKING REQUIREMENTS:
(A)
(B)
(C)
(D)
(E)
as illustrated on Schedule I
attached hereto
no outdoor storage shall be
permitted in any yard
For the purpose of this clause, a "parking space" shall mean a
usable and accessible area of not less than 2.6 metres in width
and not less than 5.3 metres in length for the .temporary
parking of vehicles, but shall not include any portion of the
parking aisle or driveway.
For all uses permitted, there shall be provided and maintained
on the lot a minimum of 70 parking spaces.
All parking areas shall be surfaced with brick, asphalt or
concrete, or any combination thereof.
Parking areas at grade shall be set back a minimum of 3.0
metres from all road allowances.
Sections 5.21.2(b) and 5.21.2(g) of By-law 2511, as amended,
shall not apply.
(v) SPECIAL REGULATIONS:
(A) No more than two buildings shall be constructed and maintained on
the lot;
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(B)
(C)
(E)
The total aggregate gross floor area of all buildings shall not exceed
2,330 square metres;
The aggregate gross leasable floor area of all business offices,
commercial-recreational establishments, dry cleaning
establishments - non venting, merchandise service shops, and sales
outlets shall not exceed 820 square metres.
Sales outlets are permitted only if accessory to light manufacturing
plants, merchandise service shops and warehouses, and providing
the gross leasable floor area of a sales outlet does not exceed 20%
of the gross leasable floor area of the light manufacturing plant,
merchandise service shop or warehouse.
6. BY-LAW 2511
By-law 2511, as amended, is hereby further amended only to the extent necessary to
give effect to the provisions of this B~,-law as it applies to the area referred to in
section 2 hereof. 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.
ENFORCEMENT
(1) Any person who contravenes any of the provisions of this By-law is guilty of an
offence and on conviction is liable,
(a) on a first conviction to a fine of not more than $20,000; and
(b) on a subsequent conviction to a fine of not more than $10,000 for each day
or part thereof upon which the contravention has continued after the day
on which he was first convicted.
(2) Where a corporation is convicted under subsection (1), the maximum penalty
that may be imposed is,
(a) on a first conviction a fine of not more than $50,000; and
(b) on a subsequent conviction a fine of not more than $25,000 for each day or
part thereof upon which the contravention has been continued after the day
on which the corporation was first convicted;
and not as provided in subsection (1).
(3) Where a conviction is entered under subsection (1), in addition to any other
remedy or penalty by law, the court in which the conviction has been entered,
and any court of competent jurisdiction thereafter, may make an order
prohibiting the continuation or repetition of the offence by the person convicted.
EFFECTIVE DATE
This By-law shall take effect from the day of passing hereof, subject to the approval of
Amendment No. 67 to the Pickering District Plan by the Ministry of Municipal
Affairs, and subject to the approval of the Ontario Municipal Board, if required.
READ A FIRSTAND SECOND TIMETHIS 16th DAY OF December ,1991.
READ A THIRD TIME AND PASSED THIS 16th DAY OF December ,1991.
TOWN OF
PICKERING~I
APPROVED
WAYNE ARTHURS
~2LERK /~
BRUCE J. TAYLOR
MC-8
MINIMUM YARD S[TBACKS
SCHEDULE I TO BY-LAW
PASSED THIS 16th
DAY OF December 1991
3893/91
MAYOR
SUBJECTPROPERTY