HomeMy WebLinkAboutBy-law 2175/86THE CORPORATION OP THE TOWN OF PICKERING
BY-LAW NUMBER 2175/86
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 26, Plan
492 and Part of Lot 23, Concession 1, in the Town
of PicKeting. (A 22/84)
WHEREAS the Council of the Corporation of the Town of Picketing
deems it desirable to permit the development of a commercial plaza,
in addition to the existing restaurant, to occur on the subject
lands being Part of Lot 26, Plan 492 and Part of Lot 23, Concession
1;
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:
SCHEDULES "I" AND "II"
Schedules "I" and "II" attached hereto with notations and
references shown thereon are 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 26, Plan 492 and Part of Lot 23, Concession 1,
Pickering, designated "Cl1" 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
In this By-law,
"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 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 theatres, but
shall not include a retail store;
(2)
"Dry .Cleanin~ D~ot" 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.
(3)
(4)
(a)
(8)
(9)
(lO)
(11)
1'Financial Institution" shall mean an institution in which
money is deposited, kept, lent or exchanged.
"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;
"Lot Coverage" shall mean the percentage of lot area covered
by all buildings on the lot;
"Nei~hbourhood Store" shall mean a store in which food, drugs,
periodicals or similar items of day-to-day household necessity
are kept for retail sale primarily to residents of, or persons
employed in the immediate neighbourhood;
"Personal Service Shop" 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;
"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;
"Restaurant Type B" shall mean a building or part of a
building where food is prepared or offered or kept for
retail sale to the public for immediate consumption in
the building or buildings on the premises only;
"Retail Store" shall mean a building or part of a building
in which goods, wares, merchandise, substances, articles
or things are stored, offered or kept for retail sale
to the public but does not include a neighbourhood store;
(a)
"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;
(b)
"Front Yard" shall mean a yard extending across the full
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;
(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)
"Rear Yard" shall mean a yard extending across the full
width 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;
(e)
(f)
(g)
(h)
"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 junction
point of the side lot lines, and the nearest wall o£ the
nearest main building or structure on the lot;
"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 the nearest main building
or structure on the lot;
"Side Yard Width" shall mean the shortest horizontal
dimension of a side yard of a lot between the side lot
line and the nearest main wall of the nearest main
building or structure on the lot;
"Planka~e Side Yard" 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 Siae Yard" shall mean a side yard other than a
flankage side yard;
5- PROVI8IONH
(1) (a) bses Permitted ~"Cl1" Zone)
No person shall within the lands designated "Cl1"
on Schedule "I" attached hereto use any lot or erect,
alter or use any building or structure for any purpose
except the following:
(i) Ousiness office,
(ii) dry cleaning depot,
(iii) financial institution,
(iv) personal service shop,
(v) professional office,
(vi) restaurant - type B, subject to the provisions
of paragraphs (C) and (D) of subclause (ix) of
clause (b) of this subsection,
(vii) retail store, subject to the provisions of
paragraphs (A) and (B) of subclause (ix) of
clause (b) of this subsection.
(b) Zone ReQuirements ("Cl1" Zone)
No person shall within the lands designated "Cl1"
on Schedule "I" attached hereto, use any lot or erect,
alter or use any building except in accordance with
the following provisions:
(i
(ii
FRONT YARD DEPTH (minimum): 10 metres
INTERIOR SIDE YARD WIDTH
(minimum): 3 metres
(iii FLANKAGE SIDE YARD WIDTH
(minimum):
10 metres
(iv) REAR YARD DEPTH (minimum): 3 metres
(v) LOT COVERAGE (maximum): 33 percent
4
(vi) BUILDING HEIGHT (maximum): 6 metres
(vii) GROSS LEASABLE FLOOR AREA:
(maximum):
1580 square metres
(viii) PARKING REQUIREMENTS:
A
For the purpose of this clause, "parking
space" shall mean a usable and accessible
area of not less than 15.95 square metres,
for the temporary parking 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 90 parking spaces on lands
designated "Cl1" on Schedule "I" attached
hereto;
C
Section 5.21.2b) of By-law 3036, as amended,
shall not apply to the lands designated "Cl1"
on Schedule "I" attached hereto;
D
Notwithstanding Section 5.21.2g) of By-law
3036, as amended, all parking areas shall
be paved.
(ix) SPECIAL RESTRICTIONS:
A The gross leasable floor area of any retail
store shall not exceed 190 square metres;
B The gross leasable floor area of ail retail
stores shall not exceed 450 square metres;
C
The gross leasable floor area of all
restaurant type B, shall not exceed
square metres;
735
D
Notwithstanding any other provision of
this By-law, restaurant - type B shall be
permitted only on that part of the lands
designated "Cl1" on Schedule "I" cross-
hatched on Schedule "II" attached hereto.
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 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.
2. By-laws 1202/80 and 1602/82 are hereby repeaIed.
ENFORCEMENT
(1) Any person who contravenes any
By-law is guilty of an offence
(a) on a first oonviction to a
and
of the provisions of this
and on conviction is lisbIe,
fine of not more than $20,000;
(2)
(3)
(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.
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).
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 the Ontario Municipal Board, if
required.
READ A FIRST AND SECOND TIME THIS ?th DAY OF Apri! , 1986.
READ A THIRD TIME AND PASSED THIS ?th DAY OF Ap.ril . . , 1986.
~OBN E. ANDERSON
CLERK ?/ /
BRUCE J. TAYLOR
TOWN' OF
PICKEEING
APPROYED
LEGAL
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SCHEDULE '~[' TO BY- LAW 21175/86
PASSED THIS 7th
DAY OF ~?ri~ 1986
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SCHEDULE "rr'TO BY-LAW 2175/86
PASSED THIS ?th
DAY OF Apz-il
1986
CLERK ( B.J. T~3ylor)
G~.~NAJdN&
SUBJECT
PROPERTY
-- rAFERER LN.
TATRA