HomeMy WebLinkAboutBy-law 2213/86CORPORATION OP THE TO%~N OF PICKERING
BY-LAW NUMBER 2215/86
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 Lot 19, Concession
1, in the Town of Picketing. (A 8/85; 0PA 84-43/?)
WHEREAS the Council of the Corporation of the Town of Pickering
deems it desirable to permit the development of a local central area
comprising various commercial establishments and a residential block
comprising of detached dwellings;
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 PICXERING
HEREBY EI~ACTB AS ~OLLOWG:
SCHEDULE "I"
Schedule "I" attached hereto with notations
shown thereon is hereby declared to be part
and references
of this By-law.
2. AREA RESTRICTED
The provisions of this By-law shall apply to those lands in
Part Lot 19, Concession 1, Picketing, designated "LCA-3" and
"R4" 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,
~ shall mean a building or part of a building in
od 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 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;
(3)
"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;
continued...
2
(6)
(?)
(8)
(9)
12)
13)
"Financial Institution" shall mean a building or part
a building in which money is deposited, kept, lent or
exchanged;
of
"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 ~'ronta~e" 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;
"Nei~hbourhood 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 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 D" shall mean a building or part of a
building where 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;
"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
and is open, uncovered and unoccupied above ground except
for such accessory buildings, structures, or other uses as
are specifically permitted thereon;
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(b)
"~ront 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
side lot lines, and the nearest wall of the nearest main
building or structure on the lot;
(e)
(f)
(g)
(h)
(i)
"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 off 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;
"Flanka~e ~ide Yard" shall mean a side yard immediately
adjoining a street or abutting on a reserve on the
opposite side of which is a street;
"Interior Side Yard" shall mean a side yard other than a
flankage side yard;
5- PROVISIONS
(1) (a) Uses Permitted ("LCA-3" Zone)
No person shall within the lands designated "LCA-3"
on Schedule "I" 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) dry cleaning depot
(iv) financial institution
(v) food store
(vi) neighbourhood store
(vii) personal service shop
(viii) professional office
(ix) restaurant-type D
(x) retail store
(b) Zone ReQuirements ("LCA-3" Zone)
No person shall within the lands
on Schedule "I" attached hereto,
alter or use any building except
the following provisions:
designated "LCA-3"
use any lot or erect,
in accordance with
(i) LOT AREA (minimum):
0.4 hectare
(ii) LOT FRONTAGE (minimum):
80 metres
(iii) FRONT YARD DEPTh (minimum): 20 metres
(iv) INTERIOR SIDE YARD WIDTH
(minimum):
3 metres
(v) FLANKAGE SIDE YARD WIDTH
(minimum):
15 metres
(vi) REAR YARD DEPTH (minimum): lO metres
(vii) LOT COVERAGE (maximum):
(viii) BUILDING HEIGHT (maximum):
20 percent
12 metres
(ix) 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
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 on the
subject lands.
(x) SPECIAL REGULATIONS:
A
The aggregate of the gross leasable floor
areas of all buildings shall not exceed 1,115
square metres;
B
The aggregate of the gross leasable floor
areas of all retail stores shall not exceed
619 square metres;
The gross leasable floor area of each establish-
ment used for any purpose set out in Section
5 (1)(a), except a restaurant-type D, shall not
exceed 280 square metres.
D
Notwithstanding Section 2.46c)i) of By-law
3036, the boundary of the land designated
"LCA-3" on Schedule "I" attached hereto which
abuts Highway No. 2 shall be deemed to be the
front lot line.
(2) (a) Uses Permitted ("R4" Zone)
No person shall within the lands designated "R4" on
Schedule "I" attached hereto, use any lot or erect,
alter or use any building or structure for any
purpose except the following:
(i) a one-family detached dwelling in accordance with
Section 10 of By-law 3036, as amended.
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6. BY-LAW 3036
(1)
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)
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 sub-section 5.21.2b)
shall not apply to the area set out in Schedule "I" hereto.
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 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.
8. EFFECTIYE DATE
This By-law shall take effect £rom the day of passing hereof
subject to the approval of the Ontario Municipal Board, if
required.
READ A FIRST AND SECOND TIME THIS 5th DAY OF May
, 1986.
READ A TRIRD TIME AND PASSED THIS Sth
· E. ANDERSON
AYOR
T (')'~¥ r,,~ OF-
Ar ,' ,,,J,
LEGAL
-- DAY OF N v_.a. , 1986..~
× B. J. TAY
CLERK
C~
0
R4
LCA- 3
ALL DIMENSIONS SHO~N ARE IN METRES
SCHEDULE 1' TO BY-LAW 2213/86
PASSED THIS Sth
DAY OF Hay 1986