HomeMy WebLinkAboutBy-law 2822/88 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 2822/88
Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to
implement the Official Plan of the Town of Picketing District Planning Area, Region of
Durham, in Part of Lot 33, Concession 1, in the Town of Pickering.
(A 70/87(R); OPA
WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to
permit the development of commercial and residential uses on the subject lands, being Part of
Lot 33, Concession 1, in the Town of Picketing;
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 [ attached 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 Part of Lot 33~ Concession 1,
Town of Pickering~ designated "LCA-6" and "OS-HL" 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.
DEFINITIONS
In this By-law,
(1) "Bakery" shall mean a building or part of a building in which food products are
baked, prepared and offered for retail sale~ or in which food products baked and
prepared elsewhere are offered for retail sale;
(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
officer 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;
(3) "Commercial Club" shall mean an athletic~ recreational or social club operated for
gain or profit and having public or private membership;
(4) "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
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;
(5) "Commercial School" shall mean a school which is operated ior gain or prolit and
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 prolit but shall not include
any other school defined herein;
(6) "Day Nursery" shah mean lands and premises duly licenced pursuant to the
provisions of the Day Nurseries Act, or any successor thereto, and for the use as a
facility for the daytime care of children;
(7) "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;
(8) (a) "Dwelling" shall mean a building or part of a building containing one or more
dwelling units, but does not include a mobile home or trailer;
(b) "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;
(c) "Multiple Dwelling-Vertical" - shall mean a building containing three or more
dwelling units attached horizontally and vertically by an above grade wall or
walls, or an above grade floor or floors, or both;
(9) "Financial Institution" shall mean a building or part of a building in which money is
deposited, kept, lent or exchanged, and which includes a chartered bank or a branch
thereof;
(10) (a) "Floor Area" shall mean the aggregate of the floor areas oi 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 used for retail commercial or
office purposes;
(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;
(ll) "Food 5tore' shall mean a building or part of a building in which food produce is
stored, offered and kept for retail sale to the public in which items or merchandise
of day-to-day household necessity may be stored, offered and kept for retail sale to
the public;
(12) "Laundromat" shall mean a self-serve clothes washing establishment containing
washing, drying, ironing, finishing or other incidental equipment;
(13) (a) "Lot" shall mean an area of land ironting 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;
(b) "Lot Coverage" shall mean the percentage of lot area covered by all buildings
on the lot;
(c) ~'Lot Frontaae" shall mean the width oi a lot between the side lot lines
measured along a line parallel to and 7.5 metres distant from the front lot line;
(14) "Personal Service 5hop" 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
body-rub parlour as defined in the Municipal Act, R.S.O. 1980, Chapter 302, as
amended from time to time, or any successor thereto;
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(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, 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;
(16) "Place of Assembly" shall mean a building or part of a building in which facilities
are provided for civic, educational, political, recreational, religious or social
meeting purposes and may include facilities for entertainment purposes such as
musical and theatrical performances, but shall not include a place of amusement or
entertainment;
([7) "Private Club" shah mean an athletic, recreational or social club not operated for
gain or profit and having private membership;
([8) "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 parlour as
defined in the Municipal Act, R.S.O. 1980, Chapter 302, as amended from time to
time~ or any successor thereto~
(19) "Public Club" shall mean an athletic, recreational or social club not operated for
gain or profit and having public membership~
(20) "Restaurant-Type A" shall mean a building or part of a building where loud 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;
(21) "Retail Store" shall mean a building or part of a building in which goods, wares,
merchandise, substances, articles or things are stored, kept and offered for retail
sale to the public;
(22) "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.
5. PROVISIONS
(1) (a) Uses Permitted ("LCA-6" Zone)
No person shall within the lands designated "LCA-6" on Schedule 1 attached
hereto use any lot or erect~ alter or use any building or structure for any
purpose except the following:
(i) bakery
(ii) business office
(iii) commercial club
(iv) commercial-recreational establishment
(v) commercial school
(vi) day nursery
(vii) dry cleaning depot
(viii) financial institution
(ix) food store
(x) laundromat
(xi) multiple dwelling - vertical
(xii) personal service shop
(xiii) place of amusement or entertainment
(xiv) place of assembly
(xv) private club
(xvi) professional office
(xvii) public club
(xviii) restaurant - type A
(xix) retail store
(b) Zone Requirements ("LCA-6" Zone)
No person shall within the lands designated "LCA-6" on Schedule I attached
hereto use any lot or erect, alter or use any building or structure except in
accordance with the following provisions:
(i) SETBACK REQUIREMENTS (minimum): as illustrated on Schedule 1
attached hereto.
(ii) BUILDING HEIGHT (maximum): 22.0 metres except in area
cross hatched on Schedule I attached hereto where building height
(maximum) shall be 6.0 metres.
(iii) DWELLING UNIT REQUIREMENTS:
A No less than 50 and no more than 78 dwelling units shall be permitted
within the area designated "LCA-6" on Schedule I attached hereto.
(iv) OPEN STORAGE: all uses~ other than parking,
shall take place entirely within enclosed buildings or structures with no
outside storage or display.
(v) PARKING REQUIREMENIS:
A For the purpose of this clause "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 a vehicle,
but shall not include any portion of a parking aisle or driveway;
B For all uses listed in Section 5(l)(a) of this By-law except multiple
dwellings - vertical, there shall be provided and maintained on the
lot a minimum of 5.0 parking spaces per 100 square metres of gross
leasable floor area;
C For each dwelling unit there shall be provided and maintained a
minimum of l.t4 parking spaces if the dwelling unit contains less than
two bedrooms, 1.5 parking spaces if the dwelling unit contains two
bedrooms, and 1.6 parking spaces if the dwelling unit contains more
than two bedrooms;
D Despite Section 5.21.2g) of By-law 3036, as amended, all parking
areas shall be surfaced with brick, asphalt or concrete, or any
combination thereof;
E Sections 5.21.2b), 6.5b) and 6.5c) of By-law 3036, as amended, shall
not apply to the lands designated "LCA-6" on Schedule I attached
hereto.
(vi) SPECIAL REGULATIONS:
A No more than one building may be constructed and maintained;
B The aggregate of the gross leasable floor areas of all uses listed in
Section 5(l)(a) of this By-law except multiple dwellings - vertical
shall not exceed 5~110 square metres;
C The aggregate of the gross leasable floor areas of all restaurants -
type A shall not exceed 15 percent of the aggregate of the gross
leasable floor areas of all uses listed in Section 5(l)(a) of this By-law
except multiple dwellings - vertical.
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2. (a) Uses Permitted ("OS-HL" Zone)
No person shall within the lands designated "OS-HL" on Schedule I attached
hereto use any lot or erect, alter or use any building or structure lot any
purpose except the following:
(i) the preservation and conservation of the natural environment soil and
wildlife.
(b) Zone Requirements ("OS-HL" Zone)
No buildings or structures shall be permitted to be erected, nor any existing
buildings or structures be modified or changed, nor shall the placing or removal
of fill be permitted, except where buildings or structures are used only for
purposes of flood and erosion control.
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.
7. 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 tine of not more than $20,000; and
(b) on a subsequent conviction to a tine 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 ol not more than $25,000 lor 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
ol competent jurisdiction thereafter, may make an order prohibiting the
continuation or repetition of the offence by the person convicted.
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 27th DAY OF June , 1988.
READ A THIRD TIME AND PASSED THIS 25th DAY OF June 19 90.
M A y O~R~ TOWN OF
Wayne Arthurs~ PICKERING
APPROVED
BRUCE 3. TA/YLOR ' .....
O
PARTS 3 8~ 4
LCA-6
I
40M - 1509 /
BUILDING SETBACK REQUIREMENTS-SEE SECTION 5(I)(b){I)
BUILDING HEIGHT REQUIREMENTS - SEE SECTION
1
SCHEDULE I TO BY-LAW.,, 2822/88
PASSED THIS 25th
DAY OF June 1990
MAVO2.R.(,~ayne E. A).~rs)
~ ¢I_ZP~ (Br~ce ~. Taylor)
AREA
VALL[YVIEI
LANDCREST