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HomeMy WebLinkAboutBy-law 2025/85THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 2025/85 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 2, in the Town of Picketing. (A 12/82(R); 18T-82016(R)) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the development on the subject lands of a iocal central area comprising various commercial establishments; AND WHEREAS the amendment to By-law 3036, as amended, is therefore deemed necessary; NOW THEREFORE 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 shall apply to those lands Lot 19, Concession 2, Pickering, designated "LCA-2" on Schedule "I" attached hereto. in 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-iaw, (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 metings and which may include an auditorium or a banquet hail; (2) "Bakeyy" 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 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 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 (4) (5) (6) (7) (8) (9) ~o) 11) 12) "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 recreation 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 is operated for gain or profit and 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 but shall not include any other school defined herein; ~ay Nursery" shall mean lands and premises duly licenced pursuant to the provisions of The Day Nurseries Act, or any successor thereto, and for the use as a facility for the daytime care of children; '~ry 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, and which includes a chartered bank or a branch thereof; "Food Store" shall mean a building or part of a building ~n 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; "Games Arcade" shall mean any building, room or area in which are offered facilities for the play of: (a) three or more games of chance; (b) three or more games of mixed chance and skill, or (c) a combination of three or more games of chance and games of mixed chance and skill; for the amusement of the public, which games are not contrary to the Criminal Code of Canada, but does not include premises in which the only amusement facilities offered are pool tables, billiard tables or bowling alleys; "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; 13) "Gross Retail and Personal Service Floor Area" shall mean the gross retail and personal service floor area contained in all buildings and structures on the lot, as such space is defined in section 8.2.2 of the Official Plan of the Regional Municipality of Durham, as amended from time to time, or any successor thereto; 3 14) 15) 16) 17) 18) (19) (20) (21) (22) "Laundromat" shall mean a self-serve clothes washing establishment containing washing, drying, ironing, finishing or other incidental equipment; "Lot Coverage" shali mean the percentage of lot area covered by all buildings on the lot; "Personal Service Sho~" 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; "Place of Amusement or Entertainment" shall mean a building ~ which facilities are p~ovided fsw amusement or entertain- ment purposes, and which may include a billiard or pool room, a dance hall, a music hall, or a theatre, but shall not include a games arcade; "Private Club" shall mean an athletic, recreational or sociai club not operated for gain or profit and having private membership; "Private Non-Residential School" shall mean a school which is maintained for educational or religious purposes but shali not include any other school defined herein. "Private Residential School" shall mean a school which is maintained ~r educational or religious purposes and which includes accessory residential facilities but shall not include any other school defined herein. "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; (23) "Pubiic Schooi" shall mean, recreational or profit and having (24) (a) a school under the jurisdiction of a board of education which board is established pursuant to The Education Act, 1974, or any successor thereto; (b) a college of applied arts and technology established pursuant to The Ministry of Colleges and Universities Act, 1971, or any successor thereto; (c) a university eligible to receive provincial funding from the Minister of Colleges and Universities, pursuant to The Universities Act, 1971, or any successor thereto; "Restaurant-Type A" 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 on the premises or off the premises, or both on and off the premises; (25) (26) "Retaii 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; (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; (f) "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; (g) "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; (h) "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; (i) "Interior Side Yard" shall mean a yard other than a flankage side yard. 5. PROVISIONS (1) (a) Uses Permitted ("LCA-2" Zones) No person shall within the lands designated "LCA-2" on Schedule "I" attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (i) assembly hall (ii) bakery (iii) business office (iv) commercial club 5 (v) (vi) (vii) (viii) (ix) (x) (×i) xii) (xiii) (xiv) (xv) (xvi) (xvii) (xviii) commercial-recreational establishment commercial school day nursery dry cleaning depot financial institution food store laundromat place of amusement or entertainment personal service shop private club professional office public club restaurant-type A retail store (b (i (ii (iii (iv (v (vi) (vii) (viii) Zone Requirements ("LCA-2" Zone) No person shall within the lands designated "LCA-2" on Schedule "I" attached hereto, use any lot or erect, alter or use any building except in accordance with the following provisions: FRONT YARD DEPTH (minimum): 15 metres INTERIOR SIDE YARD WIDTH (minimum): 15 metres FLANKAGE SIDE YARD WIDTH (minimum): 15 metres REAR YARD DEPTH (minimum): 15 metres LOT COVERAGE (maximum): 33 percent BUILDING HEIGHT (maximum): 12 metres GROSS RETAIL AND PERSONAL SERVICE FLOOR AREA (maximum): PARKING REQUIREMENTS: A For the purpose of this clause "parking space" shall mean a useable 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 on the subject lands a minimum 5 parking spaces for each 93 square metres or part thereof gross leasable floor area. 5575 square metres 8. C Section 5.21.2b) of By-law 3036, as amended, shall not apply to the lands designated "LCA-2" on Schedule "I" attached hereto. D All parking areas shall be set back a minimum of 3 metres from all lot lines. E Notwithstanding Section 5.21.2g) of By-law 3036, as amended, all parking areas shall be paved. 6. BY-LAW 3036 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. 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 first convicted. was (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. EFFECTIVE 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 21st DAY OF May , 1985. READ A THIRD TIME AND PASSED THIS 21st DAY OF May , 1985. I Centemdal Pa~ I I I LAW ~9'76 / I~.',/ SCHEDULE T TO BY-LAW 2025/85 PASSED THIS 21st DAY OF May 1985 I ;