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Home My WebLink AboutBy-law 2042/85THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 20~2/85 Being an Interim Control 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 Lots 27, 29, Range 3, Brocken Front Concession, in the Town of Pickering. (A23/85)' WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to control development by means of an Interim Control By-law in accordance with Section 37 of the Planning Act, for the lands being Part of Lots 27, 29, Range 3, Broken Front Concession; AND WHEREAS an amendment to By-law 3036, as amended is there- fore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULE "I" Schedule "I" hereto with notations and references shown thereon is hereby declared to be part of this by-law. AREA RESTRICTED The provisions of this by-law shall apply to those in part of Lots 27 and 29, Range 3, Broken Front Concession, Pickering, designated "IC-I", "IC-2" and "I£-Y' on Schedule "I" attached hereto. 3. GENERAL PROVISIONS lands No building, land or part thereof shall hereafter be used, occupied, erected, moved or structually altered except in conformity with the provisions of this By-law. 4. DEFINITIONS In this By-law, (1) "Dry Cleanin9 Establishment" shall mean a building or part of a building used for dry cleaning and related processes but does not include a laundromat; (2) "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. (3) "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. continued... Page 2 (4) (6) (7) "Furniture or Major Appliance Sales" shall mean an ~stablishment in which furniture,'~ajor appliances or both of them are stored, offered and kept for wholesale or retail sale; "Home Improvement Centre" shall mean a building or part of a building used for the display, wholesale and retail sale of building materials, hardware or accessories, including lumber; "Industrial or Commercial Equipment Suppliers" shall mean a building or part of a building in which in- dustrial or commercial equipment, supplies or furnishings are stored, offered or kept for wholesale or retail sale to industrial or commercial establish- ments. (a) "Manufacturing 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 Manufacturing Plant" shall mean a manu- facturing plant used for: (i) the production of apparel and finished textile products other than the production of syn- thetic fibres; (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, glass- ware or similar articles, including but not necessarily restricted to, furniture, house- wares, toys, musical instruments, jewellery, watches, precision instruments, radios and electronic components; (8) (9) "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; "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 investi- gations may be manufactured or otherwise prepared for use on the premises; continued... Page 3 (10) "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 or a warehouseman, but shall not include a fuel storage tank except as an accessory use. 5. PROVISIONS (1) Section 12 of By-law 3036 is hereby amended by adding thereto the following subsection: 12.1.3 Industrial and Special Purpose Commercial Interim Uses For a period of one year commencing June 4th 1985, for the lands designated "IC-I" on Schedule "I" to By-law204~85, a business office, dry cleaning establishment, financial institution, food preparation plant, furniture or major appli- ance sales, home improvement centre, industrial or commercial equipment suppliers, light manufacturing plant, professional office, scientific, research or medical laboratory, warehouse, and no other uses, despite the provisions of subsections 12.1.1 and 12.1.2, above. (2) Section 9 of By-law 3036 is hereby amended by adding thereto the following subsection: 9.1.1 Church Interim Use For a period of one year commencing June 4th 1985, for the lands designated "IC-2" on Schedule "I" to By-law 2042 /85, a church, and no other uses, despite the provisions of sub- section 9.1, above. (3) Section 16 of By-law 3036 is hereby amended by adding thereto the following subsection: 16.1.3 Industrial Interim Uses For a period of one year commencing June 4th 1985, for the lands designated "IC-3" on Schedule "I" to By-law 2042 /85, a light manufacturing plant, scientific, research or medical laboratory, warehouse, and no other uses despite the provisions of subsections 16.1.1 and 16.1.2, above. 6. 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. continued... Page 4 (2) (3) Where a corporation is convicted under subsection (1), the maximum penalty that may be imposed is, (a) on the 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 continued after the day on which the corporation was first convicted. and not as provided in subsection Where a conviction is entered under section {1), in addition to any other remedy or any 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. 7. 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 areas 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 3036, as amended. 8. EFFECTIVE DATE This By-law shall take effect subject to the approval of the required. from the day of passing, Ontario Municipal Board, if READ A FIRST AND SECOND TIME THIS3~ DAY OF Ju~e , 1985. READ A THIRD TIME AND PASSED THIS3rd DAY OF J~e , 1985. MAYOR TOWN PICKEGIHG APPROVED AS TO E IC'1 SCHEDULE "T" TO BY- LAW 20~2/85 Poge I of 3, HIGHWAY No, 2 SCHEDULE "I" TO BY-LAW 2o42/85 Page 2 of $ HIGHWAY No. 2 SCHEDULE "I" TO BY- LAW. 2042/85 PASSED THIS 3rd DAY OF Jtme 1985 /CLERK Page 3 of $ HIGHWAY ~ NO ?. rSTu 11IIIIIII1 H HIGHWAY Z SUBJECT lll l[lllij LYNX ,/