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Home My WebLink AboutBy-law 3498/90 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW ~ER 3498/90 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the Town of Pickerin. g District Planning Area, Region of Durham, in Part of Lot 17, Concession 1, in the Town of Pickering. (A 40/88) June 18/1990 INTERDEPARTMENTAL CORRESPONDENCE PLANNING DEPARTMENT TO: Kathryn McKay FROM: Nell Carroll Deputy Clerk Director of Planning Re: Draft Amending By-law for 761750 Ontario Inc. Zoning By-law Amendment Application A 40/88 Part of Lot 17, Concession 1 Town of Pickering On August 10th, 1989, Town Council approved the above noted by-law amendment application. This Department has subsequentlyprepared a draft amending by-law. The by-law has been circulated to both. the applicant and the To.wn Solicitor and is attached for the consideration of Town Councd at a Statutory Public Meeting scheduled for June 25th, 1990. One of Council's conditions of approval of the application was that prior to the adoption by Council of an implementing zoning by-law for the proposal, the owner enter into an appropriate site/development agreement vath the Town, and obtain full site plan approval. As of the date of this memorandum, these matters have not yet been finalized. Unless finalized at or prior to the June 25th statutory public meeting, the by-law should receive no more than two r.eading~ at any Council meeting following the scheduled statutory public meeting. "~ The purpose and effect of the by-law is to permit the establishment of home improvement uses, offices, financial institutions and restaurants on the property. TEM/ab Ne~l~ Enclosure -2- (5) "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) "Home Imorovement Centre" shall mean a building or part of a building used for the display and wholesale and retail sale of building materials, hardware or accessories including cabinets, electrical fixtures, carpets, floor coverings, p. lumbing supplies, wallpaper, draperies, garden supplies, lumber and swimmang pool supplies; (7) (a) "L0f' shall mean an area of land fronting on a street which is used or intended to be used as the s!te of a building, or agroup of buildings, as the case may be, together wah 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 Area" shall mean the total horizontal area within the lot lines of a lot; (c) ~ shall mean the percentage of lot area covered by all buildings on the lot; (8) "Professional Office" shall mean a buildin, g or. part of a building in which medical, legal or other professional service ts performed or consultation given, and which ma.y 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; (9) "Restaurant Tvoe D" shall mean a building or part of a building where food is prepared ariel offered or kept for retailsale to the public for immediate consumption on the premises, and which may include an accessory take-out component. (10) (a) "Yard" shall mean an area of land which is appurtenant to and located on the same lot as a building or structure andis open, uncovered and unoccupied above ground except, for such accessory buildings, structures, or other uses as are specffically permitted thereon; (b) Front Yargt shall mean a yard extending across the full w~dth 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) "R~ar Yar~l" shall mean a yard extending across the .full width of a lot between the rear lot line of the lot, or where there ~s 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 junctionpoint 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) ~ 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 ('M1/SPC-4'~ Zone) No person shall within the lands designated "MI/SPCa4" on Schedule attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: i business office financial institution furniture or major appliance sales home improvement centre professional office restaurant, type D (2) Zone Requirements ("M1/SPC-4" Zone) No person shall within the lands designated "M1/SPC-4" on Schedule 'T' attached hereto, use any lot or erect, alter or. use any building or structure except in accordance with the following provisions: (a) LOT AREA (minimum): 1.2 hectares (b) LOT FRONTAGE (minimum): 100 metres (c) FRONT YARD DEPTH (Minimum): 12 metres (d) INTERIOR SIDE YARD WIDTH (minimum): 12 metres (e) REAR YARD DEPTH (minimum): 12 metres (f) LOT COVERAGE (maximum): 40 percent (g) BUILDING HEIGHT (maximum): 12 metres (h) OPEN STORAGE (maximum): All uses, other than parking, shall take place entirely within enclosed buildings or structures with no outdoor storage or display permitted (i) PARKING REQUIREMENTS: A For the purpose of this clause "parking space" shall mean a usable and accessible area of not less than 2.6metres in width and 5.3 metres in length for the temporary p.arking of. a vehicle, but shall not include any portion of a parking aisle or driveway; B There shall be provided and maintained a minimum of 4.0 parking spaces per 100 square metres of gross leasable floor area; C Sections 5.21.2 a) and 5.21.2 b) of By-law 3036, as amended, shall not apply to the lands designated 'M1/SPC-4" on Schedule 'T' attached hereto; D All parking areas shall be set back a minimum of 3.0 metres from all road allowances; E Despite Section 5.21.2 g) of By-law 3036, as amended, all parking areas shall be surfaced with brick, asphalt or concrete, or any combination thereof. -4- (j) SPECIAL PROVISIONS: A The aggregate of the gross leasable floor areas of all restaurants type D on the lot shall not exceed 400 square metres 6. BY-LAW 30;~6 By-law 3036, as amended, is hereby further amended only to the extent necessary to give effect to the provisions o.f. 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) Anyperson who contravenes a.n¥ of the provisions of this By-law is guilty of an offence and on conviction is hable, (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 .w. hich the conviction has been entered, and any court of competent juris&ction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted. 8. EFFEL~IVE 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 25 DAY OF June , 1990. READ A THIRD TIME AND PASSED THIS DAY OF ,1990. WAYNE ARTHURS MAYOR · TOWN CF PICKERING - - BRUCE TAYLOR APPROVi~D TOWN CLERK LEGAL O;:: P'~. PR3KERING PARKWAY PLAN 4OR- 11780 SCHEDULE ! TO BY-LAW., 3498/90 PASSED THIS DAY OF, 1990 MAYOR (Wayne E. Artiaurs) CLERK (Bruce J. Taylor)