HomeMy WebLinkAboutBy-law 2212/86THE CORPORATION OP THE TONN OP PICKERING
BY-LAW NUMBER 2212/86
Being a By-law to amend Hestricted Area (Zoning)
By-law 3036, as amended, to implement the Official
Plan of the Town of Pickering District Planning
Area, Region of Durham, in Part Lot 19, Concession 1
in the Town of Picketing. (A39/84(R); OPA 84-43/P)
WHEREAS the Council of the Corporation of the Town of Picketing
deems it desirable to permit the development of a local central area
comprising various commercial establishments;
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:
SCHEDULE "I"
Schedule "I" 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
Part of Lot 19, Concession 1,
Schedule "I" attached hereto.
shall apply to those lands in
Picketing, designated "LCA-4" on
3- GEHERAL PROVIBIO~S
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
"Automobile Service Station-Type A" shall mean an establish-
ment where only vehicl~ fuels, lubricants and accessories
are offered for retail sale;
(2
"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 are baked and prepared
elsewhere are offered for retail sale;
(3
"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 arid which may include a telegraph
office, a data processing establishment, a newspaper publish-
ing 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;
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(4)
"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 subject to any such processes;
(5) "Financial Institution"
(6)
(8)
(9)
lO)
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building in which money
exchanged;
shall mean a building or part of a
is deposited, kept, lent or
"Food Store" shall mean a building or part of a building
in which food, produce and other items or merchandise of
day-to-day household necessity are stored, offered and
kept for retail sale to the public;
"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;
(a)
"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;
(b) "Lot Coverage" shall mean the percentage of lot area
covered by all buildings on the lot;
(c) "Lot Frontage" shall mean the width of a lot between the
side lot lines measured along a line parallel to and 7.5
metres distant from the front lot line;
"Neighbourhood Store" shall mean a retail 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 a building or part of a
building 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.0. 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.8.0. 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;
"Restaurant-Type D" shall mean a building or part of a
building which food is prepared and offered or kept for
retail sale to the public for immediate consumption on the
premises, and which may include an accessory take-out
component;
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(~4)
(~5)
"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;
(a)
"Yard" shall mean an area of land which is appurtenant
to and located on the same lot as a building or structure
aha is open, uncovered and unoccupied above ground except
for such accessory buildings, structures, or other uses asl'
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 £ront 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 th~l
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 junction
point of the side lot lines, and the nearest wall of 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 wall of the nearest main building or
structure on the lot;
(h) "Flanka~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 Side Yard" shall mean a side yard other than a
flankage side yard;
5. PRO¥ISIONB
(1) (a) Uses Permitted ("LCA-4" Zone)
No person shall within the lands designated "LCA-4"
on Schedule "I" attached hereto use any lot or erect,
alter or use any building or structure for any purpose
except the following:
(i) automobile service station-type A
(ii) bakery
(iii) business office
(iv) dry cleaning depot
(v) financial institution
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(vi)
(vii)
(viii)
(ix)
(x)
(xi)
(xii)
food store
neighbourhood store
personal service shop
professional office
restaurant-type B
restaurant-type D
retail store
(b) Uses Permitted ("LCA-4A" Zone)
~o person shall within the lands designated "LCA-4A''
on Schedule "I" attached hereto use any lot or erect,
alter or use any building or structure for any purpose
except the following:
(i)
(ii)
(iii)
business office
professional office
restaurant-type B
(c) Zone Requirements ("LCA-4" and "LCA-4A" Zones)
No person shall within the lands designated "LCA-4"
and "LCA-4A" on Schedule "I" attached hereto, use any
lot or erect, alter or use any building except in
accordance with the following provisions:
(i) LOT AREA (minimum): 1.0 hectare
(ii) LOT FRONTAGE (minimum):
100 metres
(iii) PRONT YARD DEPTH (minimum): 10 metres
(iv) INTERIOR SIDE YARD WIDTH
(minimum):
3 metres
(v) PLANKAGE SIDE YARD WIDTH
(minimum):
20 metres
(vi) REAR YARD DEPTH (minimum):
3 metres
(vii) LOT COVERAGE (maximum):
20 percent
(viii) BUILDING HEIGHT (maximum):
12 metres
(ix) PARKING REQUIREMENTS:
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
Parking shall be provided on the subject lands
at a ratio of a minimum of 5.0 parking spaces
for each 93 square metres or part thereof of
gross leasable floor area.
(x) SPECIAL REGULATIONS:
A
The aggregate of the gross leasable floor
areas of all buildings shall not exceed
1,858 square metres;
6. BY-LAW 3036
(2)
The aggregate of the gross leasable floor
areas of all retail stores shall not exceed
774 square metres;
The gross leasable floor area of each
establishment on the lands designated "DCA-4"
used for any purpose set out in Section
5(1)(a), except a restaurant-type B and a
restaurant-type D, shall not exceed 280 square
metres.
Notwithstanding Section 2.46c)i) of By-law
3036, the boundary of the lands designated
"LCA-4" and "LCA-4A" on Schedule "I"
attached hereto which abuts Bighway No. 2
shall be deemed to be the front lot line.
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, except that subsection 5.21.1b) shall
not apply to the area set out in Schedule "I" attached hereto.
7- ENFORCEMENT
(1) Any person who contravenes any of the provisions of this
By-law is guilty of an offence and ou conviction is liable,
(a) on a first conviction to a fine of not more than $20,000;
and
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.
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8. ~F~ECTI¥~ DATE
This By-law shall take effect from the
subject to the approval of the Ontario
required.
day of passing hereof,
Municipal Board, if
READ A FIRST AND SECOND TIME THIS 5th DAY OF May
, 1986.
READ A THIRD TIME AND PASSED THIS 5th
__ DAY OF ~ -,,.,a~ , 1986.
CLERK
LCA-4 [ "' ,
ALL DIMENSIONS SHCT#N ARE IN METRES
SCHEDULE 'I' TO BY -LAW 22;[2/86
PASSED THIS 5th
DAY OF Hay 1986
//IMAYOR (John E. Anderson)
. CLERK (Bru~ Ior)
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SUBJECT
PROPERTY