HomeMy WebLinkAboutBy-law 1893/84THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 1893/84
Being a Zoning 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, Concession l,
(Parts l, 2, 4 and 5, Plan 40R-4754) in
the Town of Pickering. (A 21/84)
WHEREAS the Council of the Corporation of the Town of Pickering
deems it desirable to permit the establishment of industrial ~nd
certain commercial uses on the subject lands, being Part Lot 19,
Concession l, (Parts 1,2,4 & 5, Plan 40R-4754) in the Town of
Pickering;
AND WHEREAS an amendment to By-law 2511, is therefore deemed
necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
PICKERING HEREBY ENACTS AS FOLLOWS:
SCHEDULE "I"
Schedule "I" 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 Lot 19, Concession 1, (Parts 1, 2, 4 and 5, Plan
40R-4754), Pickering, designated "MC-4" 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.
4. DEFINITIONS
In this By-law:
l)
"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 may include an auditorium or a
banquet hall, but shall not include a place of amusement
or entertainment;
2)
"Bakery" 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;
continued...
Page 2
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
'Bod S o,p" shall mean an establishment primarily
engaged in repairing or painting vehicle bodies;
"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 may
include an arena or a stadium but shall not include a
place of amusement or entertainment as defined herein.
"Dr_~_ 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 processing elsewhere, and of distributing
articles, goods or fabrics which have been subjected
to any such processes.
]~rs Cleaning Establishment" shall mean a building
or part of a building used for dry cleaning and related
processes but does not include a laundromat.
(a)
"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;
(b)
"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;
"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;
(11)
"Games Arcade" shall mean any builGing,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.
continued...
Page 3
(12)
13)
14)
]6)
17)
(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 a lot
covered by all buildings on the lot;
(c) "Lot ~rontage" 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.
"Laundromat" shall mean a self-serve clothes washing
establishment containing washing, drying, ironing,
finishing or other incidental equipment.
(a)
"Manufacturin9 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 Manufacturin~ Plant" shall mean a manufacturing
plant used for:
(i
the production
products other
fibres;
of apparel and finished textile
than the production of synthetic
(ii
(iii
printing or duplicating;
the manufacture of finished paper
processing of wood pulp;
other than
(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, glassware
or similar articles, including but not
necessarily restricted to, furniture, housewares,
toys, musical instruments, jewellery, watches,
precision instruments, radios and electronic
components;
"Merchandise Service Shop" shall mean an establishment
where articles or goods including, but not necessarily
limited to, business machines, appliances, furniture
or similar items, are repaired or serviced, and includes
the regular place of business of a master electrician
or master plumber, but shall not include a manufacturing
plant, or any establishment used for the service or
repair of vehicles or a retail store;
"Place of Amusement or Entertainment" shall mean a building
or part of a building in which facilities are provided for
amusement or entertainment 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 social club not operated for gain or profit and
having private membership;
continued...
Page
(lB
(19
(2O
(21
(22
(23
(24
(25
(26
"Professional Office" shall mean a building or part of a
~uilding 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, recreational or
club not operated for gain or profit and having public
membership;
social
"Restaurant~ A" shall mean a building or part of a
~-~Ti~ere f~ is prepared and offered or 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
where goods, wares, merchandise, foods, substances, articles
or things are stored, kept and offered for retail sale to
the public, but does not include any establishment otherwise
defined herein;
"Sales Outlet" shall mean a building or part of a building
accessory to a light manufacturing plant, a merchandise
service shop, a food preparation plant or a warehouse,
wherein products manufactured, produced, processed, stored,
serviced or repaired on the premises are kept or displayed
for rent or for wholesale or retail sale, or wherein orders
are taken for future delivery of such products;
"Scientific, Research or Medical Laborator~(_~ 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 investigations may be manufactured
or otherwise prepared for use on the premises.
"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.
"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 of a
warehouseman but shall not include a fuel storage tank
except as an accessory use.
(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 ~f 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~pth" 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 on the lot.
continued...
(d)
Page 5
mRear Yard" shall mean I yard extending across the
~'11 width of ~ lot between the rear lot ltne of
the lot or, where there ts flo rear lot 11ne, the
Junctton potnt of the stde lot 1tries, and the
nearest wall of the nearest math butldtng or structure
on the lot.
(el
(fl
(h)
"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 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 wall of the nearest main
building or structure on the lot.
"Flankage Side Yard" shall mean a yard immediately
~djoining a street or abutting on a reserve on the
opposite side of which is a street.
{il "Interior Side Yard" shall mean a side yard other
than a flankage side yard.
5. PROVISIONS
(1) (al Uses Permitted ("MC-4" Zone)
No person shall within the land designated "MC-4"
on Schedule "I" hereto, use any lot or erect,
alter or use any building or structure for any
purpose except the following:
(il assembly hall
(ii) bakery
(iii) business office
(iv) commercial club
(v) commercial-recreational establishment
(vi) dry cleaning depot, subject to the provisions
of Section (1)(b)(viii)C
(vii) dry cleaning establishment
(viii) food preparation plant
(ix) light manufacturing plant
(x) merchandise service shop
(xi) private club
(xii) professional office
(xiii) public club
{xiv) restaurant, type A, subject to the provisions
of Section (1)(b)(viii)A
(xv} sales outlet, subject to the provisions of
Section (1)(b)(viii)B
(xvi) scientific, research or medical laboratory
(xvii) vehicle repair shop
{xviii) warehouse
(b) Zone Requirements ("MC-4" Zone)
No person shall within the lands designated "MC-4"
on Schedule "I" hereto, use any lot or erect, alter
or use any building or structure except in accordance
with the following provisions:
(il LOT AREA (minimum):
0.4 hectares
(ii) LOT FRONTAGE (minimum): 45 metres
continued...
Page 6
(iii)
(iv)
(vi)
(vii)
(viii)
SETBACK REQUIREMENTS (minimum):
The boundary of the land designated "MC-4" on
Schedule "I" which abuts Bayly Street
(Regional Road No. 22) shall be deemed to be
the front lot line and the minimum setback
of any building or structure, except a sign
from the front lot line shall be 12 metres.
B
The boundary of the land designated "MC-4"
on Schedule "I" not abutting streets or
highways shall be deemed to be the rear lot
line and the minimum setback of any building
or structure from the rear lot line shall be
7.5 metres.
C
All other boundaries of the land designated
"MC-4" on Schedule "I" shall be deemed to be
side lot lines and the minimum setback of
any building or structure, except a sign,
from the side lot line shall be 4.5 metres.
BUILDING HEIGHT (maximum): 12 metres
LOT COVERAGE (maximum): 45 %
PARKING REQUIREMENTS:
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;
There shall be provided and maintained on the
subject lands a minimum of 3.5 parking spaces
for each 93 square metres or part thereof of
gross leasable floor area.
OPEN STORAGE:
no open storage shall
be permitted in any
yard.
SPECIAL RESTRICTIONS:
A
The gross floor area of all type A restaurants
on a lot shall not exceed 35% of the gross
floor area of all buildings on the lot.
Sales outlets are permitted uses only if
accessory to food preparation plants, light
manufacturing plants, merchandise service
shops or warehouses, and providing the gross
floor area of the sales outlet does not
exceed 20% of the gross floor area of the
food preparation plant, light manufacturing
plant, merchandise service shop or warehouse.
Dry Cleaning depots are permitted uses only
if accessory to dry cleaning establishments
and providing the gross floor area of the
dry cleaning depot does not exceed 20% of
the gross floor area of the dry cleaning
establishment.
continued...
Page 7
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 of 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 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 section (1), in
addition to any other remedy or any penalty by law,
the court in which the convention 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 2511
(1)
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.
(2)
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 with the exception
of subsection 5.21.2b) which shall not apply to the area
set out in Schedule "I" attached hereto.
(3) By-laws 201/75 and 1241/81 amending By-law 2511 are
hereby revoked.
8. EFFECTIVE DATE
This By-law shall take effect from the day of passing thereof
subject to the approval of the Ontario Municipal Board, if
required.
READ A FIRST AND SECOND TIME THIS 30th DAY
READ A THIRD TIME AND PASSED THIS 30th DAY
OF July
0 F July
, 1984.
· 1984.
0
J
~ARTS ~ ~,4
40R- 4754
MC '4
BAYLY ROAD
SCHEDULE 'I' TO BY- LAW
PASSED THIS, 30th
DAY OF July 1984
1893/84
CLERK
PROPERTY