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HomeMy WebLinkAboutBy-law 2234/86THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 2234/86 Being a By-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham, in Part of Lot 18, Concession 1, in the Town of Picketing. (A6/86) WHEREAS the Council of the Corporation of the Town of Picketing deems it desirable to permit the establishment of associated industrial facilities on the subject lands, being Part of Lot 18, Concession 1, in the Town of Pickering. AND WHEREAS an amendment to By-law 2511, 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 shown thereon is hereby declared to be part of references this By-law. 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lot 18, Concession 1, Pickering, designated "MC-6" 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, (1) "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; (2) "Dry Cleanin~ Establishment" shall mean a building or part of a building used for dry cleaning and related processes but does not include a laundromat; continued... 2 6) (7) "Financial Institution" shali 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; (a) "Floor Area" shaI1 mean the aggregate of the floor areas of 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 that 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; "Food Preparation Plant" shall mean a building or part of a building in which processed food products are cooked, baked, mixed, packaged or otherwise prepared for distribution to retail or institutional outlets. 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; (a) "Manufacturin~ Plant" shall mean a building or part of a building in which is carried on any activity or operation pertaining to the making of any article, and which shall include altering, assembling, polishing, washing, packing, adapting for sale, breaking up or demolishing the said article. (b) "Light Manufacturin~ Plant" shall mean a manufacturing plant use for: (i) the production products other fibres; of apparel and finished textile than the production of synthetic (ii) printing or duplicating; (iii) the manufacture of finished paper other than the processing of wood pulp; (iv) the production of cosmetics, drugs and other pharmaceutical supplies; or (v) the manufacture of finished lumber products, light metal products, electronic products, plasticware, porcelain, earthenware, glassware, or similar articles, including but not necessarily restricted to, furniture, housewares, toys, musical instruments, jewellery, watches, precision instruments, radios and electronic components. continued... 3 (8) (9) (10) (11) (12) (13) (14) "Merchandise Service Shop" shall mean an establishment where articles or goods including, but not necessarily limited to, business machines, appliances, furniture or similar items, are repaired or serviced, and includes the regular place of business of a master electrician or master plumber, but shall not include a manufacturing plant, or any establishment used for the service or repair of vehicles or a retail store. "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; "Sales Outlet" shall mean a building or part of a building accessory to a light manufacturing plant, a food preparation plant, merchandise service shop, or a warehouse, wherein products manufactured, produced, processed, stored, serviced or repaired on the premises are kept or displayed for rent or for wholesale or retail sale, or wherein orders are taken for future delivery of such products; "Scientific~ Research or Medical Laboratory" shall mean a building or part of a building wherein scientific, research or medical experiments or investigations are systematically conducted, and where drugs, chemicals, glassware or other substances or articles pertinent to such experiments or investigations may be manufactured or otherwise prepared for use on the premises; "Truck Centre" shall mean land or premises where trucks or tractor trailers are repaired fueled or serviced, or kept for sale, rental, hire or lease, or where truck or tractor trailer parts or accessories are kept or displayed for rent or for wholesale or retail sale. "Warehouse" shall mean a building or part of a building which is used primarily for the housing, storage, adapting for sale, packaging, or wholesale distribution of goods, wares, merchandise, food-stuffs, substances, articles or things, and includes the premises of a warehouseman but shall not include a fuel storage tank except as an accessory use; (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 @nd the nearest wall of the nearest main building or structure on the lot; continued... 4 (d) (e) (f) (g) (h) (i) "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; "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 main wall of the nearest main building or structure on the lot; "Flanka~e Side Yard" shall mean a side yard adjoining a street or abutting on a reserve opposite side of which is a street; immediately on the "Interior Side Yard" shall mean a side yard other than a flankage side yard; 5. PROVISIONS (1) (a) Uses Permitted ("MC-6" Zone) No person shall within the lands designated "MC-6" 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 (iv (v (vi (vii (viii (ix (× (xi business office dry cleaning establishment financial institution food preparation plant light manufacturing plant merchandise service shop professional office sales outlet subject to the provisions of Section 5(1)(b)(xi) scientific, research or medical laboratory truck centre warehouse continued... 5 (b) Zone Requirements ("MC-6" Zone) No person shall within the lands designated "MC-6" 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): 0.4 hectares (ii) LOT FRONTAGE (minimum): 45 metres (iii) FRONT YARD DEPTH (minimum): 12 metres (iv) INTERIOR SIDE YARD WIDTH (minimum): 4.5 metres (v) FLANKAGE SIDE YARD WIDTH (minimum): 12 metres (vi) REAR YARD DEPTH (minimum): 7.5 metres (vii) LOT COVERAGE (maximum): 45 percent (viii) BUILDING HEIGHT (maximum): 12 metres (ix) OUTDOOR STORAGE: Outdoor storage shall be permitted in any yard except the front yard so long as the area used for outdoor storage purposes does not exceed 30 percent of the area of the lot (x) 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 Subsection 5.21.2b) of By-law 2511 shall not apply to the area set out on Schedule "I" attached hereto. (xi) SPECIAL REGULATIONS: sales outlets are permitted uses only if accessory to food preparation plants, light manufacturing plants, merchandise service shops or warehouses, and providing the gross floor area of the sales outlet does not exceed 20% of the gross floor area of the food preparation plant, light manufacturing plant, merchandise service shop or warehouse. 6. BY-LAW 2511 (1) By-law 2511, as amended, is hereby further amended only to 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. (2) Definitions and subject matters not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 2511, as amended. (3) By-law 1194/80 amending By-law 2511 is hereby revoked. continued... 7. E#FORCE~E~T (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. 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 2nd DAY OF June , 1986. READ A THIRD TIME AND PASSED THIS 30th DAY OF June , 1986. MN E. ANDERSON CLERK BRUCE J. TAYLOR TOWN OF PICKERING APPROVED LEGAL DEPT. = MC'6 B&YLY STREET SCHEDULE 'I' TO BY-LAW. 2254/86 PASSED THIS 30th DAY OF June 1986 CLERK ( BRUCE'J. TAYLOR ) CLEMENTS ,