HomeMy WebLinkAboutBy-law 2324/86 Ontario
Ontario Municipal Board
R 860593
IN THE MATTER OF Section 34 of the
Planning Act, 1983
AND IN THE MATTER OF an appeal by L.
Cahill against Zoning By-law 2324/86
of the Corporation of the Town of
Pickering
BEFORE:
V. M. SINGER
Member
- and -
D. W. MIDDLETON
Member
Friday, the 16th day
of January, 1987
THIS APPEAL having been withdrawn;
THE BOARD ORDERS that the appeal against By-law 2324/86 is hereby
dismissed.
SECRETARY
THF. CORPORATION OF THF. TOWN OF PICKERING
BY-LAW NUHBER 2324/86
Being a By-law to amend Restricted 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 of Lot 28, B.F.C.
Range 3, in the Town of Pickering.
(A 44/85; OPA 85-61/P)
WHEREAS the Council of the Corporation of the Town of Pickering
deems it desirable to permit the establishment of a commercial
development comprising various commercial uses;
AND WHEREAS an amendment to By-law 3036, as amended, is therefore
deemed necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TO%~ OF PICKERING
HEREBY ENACTS AS FOLLO%4S:
SCHEDULE
Schedule "I" attached hereto with notations and references
shown thereon is hereby declared to be part of this By-law.
2. AR/A RESTRICTED
The provisions of this By-law shall apply
Part of Lot 28, B.F.C. Range 3, Pickering,
on Schedule "I" attached hereto.
to those lands in
designated "C-13"
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)
"Assembly Hall" shall mean a building or part of a
building in which facilities are provided for purposes
such as civic, educational, political, religious or
social meetings and which may include an auditorium
or banquet hall~
(2)
"Bakery" shall iaean a building or part of a building in
~-~-ich 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;
continued...
2
(3
(4
(5
(6
(7)
(8)
(9)
(10)
(11)
(12)
"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;
"Commercial Club" shall mean an athletic, recreational or
social club operated for gain or profit and having public
or private membership;
"Commercial-Recreational Establishment" shall mean a
commercial establishment in which indoor recreational
facilities such as bowling alleys, miniature golf
courses, roller skating rinks, squash courts, swimming
pools and other similar indoor recreational facilities are
provided and operated for gain or profit, and which may
include an arena or a stadium but shall not include a
place of amusement or entertainment as defined herein;
"Commercial School" shall mean a school which operated
for gain or profit and which may include the studio of a
dancing teacher or music teacher, or an art school, a
golf school or any other such school operated for gain or
profit;
"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;
"Financial Institution" shall mean a building or part of
a building in which money is deposited, kept, lent or
exchanged;
"Food Store" shall mean a building or part of a building
~ 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;
"Laundromat" shall mean a self-serve clothes washing
establishment containing washing, drying, ironing,
finishing or other incidental equipment;
(a)
"Lot" shall mean an area of land fronting on a street
~ 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;
continued...
(13)
(14)
i5)
(16)
(17)
(18)
(19)
(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;
"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 bodyrub parlour as
defined in the ~lunicipal Act, R.S.O. 1980, Chapter 302,
as amended from time to time, or any successor thereto;
"Private Club" shall mean an athletic, recreational or
social club not operated for gain or profit and having
private membership;
"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;
"Public Club" shall mean an athletic,
social club not operated for gain or
public membership;
recreational or
profit and having
"Restaurant-Type A" shall mean a building or part of a
building where food is prepared and offered cr kept for
retail sale to the public for immediate consumption on
the premises or off the premises, or both on and off the
premises;
"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;
(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;
continued...
4
(e)
(f)
(g)
(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 of the the nearest main building
or structure on the lot;
"Side Yard %;idth" 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;
"Flankage 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;
"Interior Side Yard" shall mean a side yard other than a
flankage side yard;
e
PROVISIONS
(1) (a) Uses Permitted ("C-13" Zone)
No person shall within
"C-13" on Schedule "I"
lot or erect, alter or
structure for any purpose except
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
(x)
(xi)
(xii)
(xiii)
(xiv)
(xv)
(xv±)
the lands designated
attached hereto use any
use any building or
the following:
assembly hall
bakery
business office
commercial club
commercial-recreational
commercial school
dry cleaning depot
financial institution
food store
laundromat
personal service shop
private club
professional office
public club
restaurants-type A
retail store
establishment
continued...
5
(b) Zone Requirements ("C-13" Zone)
No person shall within the lands designated
"C-13" 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):
2.5 hectares
(ii) LOT FRONTAGE (minimum):
170 metres
(iii) FRONT YARD DEPTH (minimum): 13.5 metres
(iv) INTERIOR SIDE YARD WIDTH
(minimum):
7.5 metres
(v) FLANKAGE SIDE YARD WIDTH
(minimum):
13.5 metres
(vi) REAR YARD DEPTH (minimum): 13.5 metres
(vii) LOT COVERAGE (maximum):
25 percent
(viii) BUILDING HEIGHT (maximum): 12 metres
(ix) PARKING REQUIRE{lENTS:
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;
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
6,500 square metres;
Notwithstanding Section 2.46c)i) of
By-law 3036, the boundary of the lands
designated "C-13" on Schedule "I" attached
hereto which abuts Highway No. 2 shall be
deemed to be the front lot line.
6. BY-LAW 3036
(1) By-law 3036, 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) By-law 1544/82 is hereby repealed.
(3) 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 5.2102b) shall not apply to the area set out
in Schedule "I" attached hereto.
continued...
7. ENFORCF/4KNT
(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 %~ere 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
~here 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 3rd DAY OF November , 1986.
READ A THIRD TIME AND PASSED THIS
FOHN E. ANDERSON
5rd
__ DAY OF N0vemb.~r, , 19~.~'~
/// //
~BBLERK ',
RUCE J. TAYLOR
TOWN OF
PICKERING
APPROVED
L E,~AL D ,'-' P~.
C13
SCHEDULE "I" TO BY-LAW
PASSED THIS 3rd
DAY OF November 1986
2324/86
A¥O.~ J'Oh~N~ E. AND-E.SON)
CLI~RK ( BRUCE_ ~. TAYLOR)
~ANOK D~IVE
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