HomeMy WebLinkAboutBy-law 2092/85THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 2092/8~
Being a By-law to amend Restricted Area (Zoning)
By-law 25~1, as amended, to implement the Official
Plan of the Town of Picketing District Planning
Area, Region of Durham, in Part Lot 19, Range 3,
Broken Front Concession, in the Town of Pickering.
(A 21/85; OPA 85-22/P)
WHEREAS the Council of the Corporation of the Town of Pickering
deems it desirable to permit the development of a vehicle sales
and rental establishment on the subject lands;
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 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 in
Part of Lot 19, Range 3, Broken Front Concession, Picketing,
designated "CA3-2" on Schedule "I" attached hereto.
3- G~NERAL 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.
DEFINITIONS
In this By-law,
(1) "Body 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 walls of a
storey or part 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, stair-
wells, elevators, and any part of the building below
established grade other than that used for retail
commercial or office purposes;
continued...
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 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;
"Vehicle Repair ShoR" 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;
"~hicle Sales or Rental,Establishment" shall mean an
establishment ~aving 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 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'iOt 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
dimens{on 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 linea, and the nearest wall of the nearest main
building or structure on the lot;
(e)
"Rear Yard.~ept~'~ shall mean the shortest horizontal
~imens{on 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;
"S~de 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;
continued..,
(g)
(i)
"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
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 @ fl~nkage side yard;
PROVISIONS
(1) (a) Uses Permitted ("CA3-2" Zone)
No person shall within the lands designated "CA3-2"
on Schedule "I" attached hereto use any lot or
erect, alter or use any building or structure for
any purpose except the following:
(i) vehicle sales or rental establishment
(b) Zone Requirements ("CA3-2" Zone)
No person shall within the lands designated "CA3-2"
on Schedule "I" attached hereto, use any lot or
erect, alter or use any building except in accord-
ance with the following provisions:
(i
(ii
(iii
(iv
LOT AREA (minimum):
LOT FRONTAGE (minimum):
FRONT YARD DEPTH (minimum):
INTERIOR SIDE YARD WIDTH
(minimum):
0.6 hectares
50.0 metres
17.5 metres
10.5 metres
(v FLANKAGE SIDE YARD WIDTH
(minimum):
9.0 metres
(vi
(vii
(viii
(x
REAR YARD DEPTH (minimum):
LOT COVERAGE (maximum):
BUILDING HEIGHT (maximum):
PARKING REQUIREMENTS:
~0.5 metres
33 percent
~2 metres
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 of 5.0 parking
spaces for each 0.4 hectare or part thereof
of lot area, plus 2.0 parking spaces for
each 93 square metres or part thereof gross
floor area.
continued...
4
C
D
Section 5.21.2 b) of By-law 2511, as amended,
shall not apply to the lands designated "CA3-2"
on Schedule "I" attached hereto.
Notwithstanding Section 5.21.2 g) of By-law
2511, as amended, all parking areas shall be
paved.
6. BY-LAW 2511
By-law 2511, 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 2511, as amended.
ENFORCEMENT
(1) Any person who contravenes any of the provisions of this
By-law is guilty of an offence and on conviction is liable,
(@) 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.
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 21st DAY OF October , 1985.
......... ~ 21st October
'READ A THIRD TIME AND PASSED THIS ~ DAY OF ..
DILLINGHAM
ROAD
PART ~ , 40R-2=94
CA3-2
0
n-
SCHEDULE "I~ TO BY-LAW 2092/85
PASSED THIS 21st
DAY OF October 1985
CLERK
rOI
SUBJECT
CLEMENTS
STREET
ROAD
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 2092/85
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 Lot 19, Range 3,
Broken Front Concession, in the Town of Picketing.
(A 21/85; OPA 85-22/P)
WHEREAS the Council of the Corporation of the Town of Pickering
deems it desirable to permit the development of a vehicle sales
and rental establishment on the subject lands;
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
shown thereon is hereby declared to be part
and references
of this By-law.
2· AREA.R~STRIC~ED
The provisions of this By-law shall apply to those lands in
Part of Lot 19, Range 3, Broken Front Concession, Picketing,
designated "CA3-2" 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.
DEFINITIONS
In this By-law,
(1) "Body Shop" shall mean an establishment primarily engaged
in repairing or palnting vehicle bodies.
(2) (a)
"Floor Area" shall mean the area of the floor
surface contained within the outside walls of a
storey or part 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, stair-
wells, elevators, and any part of the building below
established grade other than that used for retail
commercial or office purposes;
continued...
2
(3)
(~)
(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 aii buiidings on the iot;
(c)
"Lot Froqtase" 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;
"Vehiql~ Repair S.~op" 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 hav~ng 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 vehicle fuels;
(a)
"Yard" shall mean an area of land which is appurtenant
to and located on the same lot as a buiiding 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 De~th" 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;
continued...
3
(g)
(h)
(i)
"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
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;
PROVISIONS
(1) (a) Uses Permitted ("CA3-2" Zone)
No person shall within the lands designated "CA3-2"
on Schedule "I" attached hereto use any lot or
erect, alter or use any building or structure for
any purpose except the following:
(i) vehicle sales or rental establishment
(b) Zone Requirements ("CA3-2" Zone)
No person shall within the lands designated "CA3-2"
on Schedule "I" attached hereto, use any lot or
erect, alter or use any building except in accord-
ance with the following provisions:
(i) LOT AREA (minimum):
0.6 hectares
(ii) LOT FRONTAGE (minimum):
50.0 metres
(iii) FRONT YARD DEPTH (minimum): 17.5 metres
(iv) INTERIOR SIDE YARD WIDTH
(minimum):
10.5 metres
(v) FLANKAGE SIDE YARD WIDTH
(minimum):
9.0 metres
(vi) REAR YARD DEPTH (minimum): 10.5 metres
(vii) LOT COVERAGE (maximum):
33 percent
(viii) BUILDING HEIGHT (maximum): 12 metres
(x) 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.
There shall be provided and maintained on
the subject lands a minimum of 5.0 parking
spaces for each 0.4 hectare or part thereof
of lot area, plus 2.0 parking spaces for
each 93 square metres or part thereof gross
floor area.
continued...
4
C
D
Section 5.21.2 b) of By-law 2511, as amended,
shall not apply to the lands designated "CA3-2"
on Schedule "I" attached hereto.
Notwithstanding Section 5.21.2 g) of By-law
2511, as amended, all parking areas shall be
paved.
6. B~-LAW 2511
By-law 2511, 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 2511, as amended.
7. E~FORCEMENT
(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.
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
............. 21st
'- READ A THIRD TIME AND PASSED THIS DAY
OF .. October ,
October
OF ,
/ CLE'RK
1985.
1985.
DILLINGHAM
ROAD
PART ~ , 40R-2~94
CA3-2
0
0
n~
SCHEDULE "I' TO BY-LAW 2092/85
PASSED THIS 2ist
DAY OF October 1985
MAYOR
CLERK
SUBJECT
CL[M[NTS