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Home My WebLink AboutBy-law 2030/85THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 2030~/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 30, Range 3, Broken Front Concession, in the Town of Pickering. (A 7/85) WHEREAS the Council of the Corporation of the Town of Picketing deems it desirable to permit the development of a vehicle sales and rental establishment on the subject lands; AND WHEREAS the 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 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 Part Lot 30, Range 3, Broken Front Concession, Piekering, designated "CA3-1" 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-law, (1) '~ody..Shop" shall mean an establishment primarily engaged in repairing or painting vehicle bodies. (2)(a) "Floor Area" shall mean the area of the floor surface contained within the outside wails of a storey; (b) "Gross Floor Area" shall 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; 2 (3) (4) (5) (6) (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 ~pntage" 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; "Vehicle Repair Shop" shall mean an establishment containing facilities for the repair and maintenance of vehicles on the premises, in which vehicle accessories are sold and vehicle maintenance and repair operations are performed in return for remuneration, but shall not include a body shop or any establishment engaged in the retail sale of vehicle fuels; "Vehicle Sales or Rental Establishment" shall mean an establishment having as its main use the sale, service, rent or lease of vehicles and which may include an accessory vehicle repair shop, but shall not include any establishment engaged in the retail sale of motor vehicle fuels; (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..D.e~th 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; "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) (i) "Flank@~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; "Interior Side Yard" shall mean a side yard other than a flankage side yard. 5. PROVISIONS (1) (a) Uses Permitted ("CA3-1" Zone) No person shall within the lands designated "CA3-1" on Schedule "I" attached hereto use any lot or erect, alter or use any building or structure for any purpose except the foilowing: (i) vehicle sales or rental establishment (b) Zone. Requirements ("CA3-1" Zone) (i) Notwithstanding any of the provisions of By-law 3036, as amended, the front lot line of the lands designated "CA3-1" on Schedule "I" attached hereto shall be that line between points A and B, as set out on Schedule "I" attached hereto. (ii) No person shall within the lands designated CA3-1 on Schedule "I" attached hereto, use any lot or erect, alter or use any building or structure except in accordance with the following provisions: A LOT AREA (minimum): 0.5 hectares B LOT FRONTAGE (minimum): 30 metres C FRONT YARD DEPTH (minimum): 13.5 metres D INTERIOR SIDE YARD WIDTH (minimum): 6.7 metres E FLANKAGE SIDE YARD WIDTH (minimum): 12 metres F REAR YARD DEPTH (minimum): 7.5 metres G LOT COVERAGE (maximum): 33 percent H BUILDING HEIGHT (maximum): 12 metres I PARKING REQUIREMENTS: (I) 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. (II) There shall be provided and maintained on the subject lands a minimum of 5.5 parking spaces for each 93 square metres of part thereof gross floor area. (III) Section 5.21.2 b) of By-law 3036, as amended, shall not apply to the lands designated "CA3-1" on Schedule "I" attached hereto. (IV) Notwithstanding Section 5.21.2 g) 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. 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. TOW~ Of:' ,r-':c AS '[0 FORM 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; (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 Brd DAY OF June , 1985. READ A THIRD TIME AND PASSED THIS Brd DAY OF June , 1985. CLERIC' CA3-1 SCHEDULE"I" TO BY- LAW .2030/~5 PASSED THIS., 3rd DAY OF ~Tune 1985 CLERK "' PROPERTY