HomeMy WebLinkAboutBy-law 1916/84THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 1916/84
Being a Zoning 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 Lot 30, Range 3, Broken
Front Concession, (Parts 1 and 2, Plan
40R-7116) in the Town of Pickering. (A 23/84)
WHEREAS the Council of the Corporation of the Town of Pickering
deems it desirable to permit the establishment of, certain
commercial uses in addition to restricted light industrial uses
on the subject lands or a motel with ancillary office and
restaurant facilities being part of Lot 30, Range 3, Broken
Front Concession (Parts 1 and 2, Plan 40R-7116);
AND WHEREAS an 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" 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 30, Range 3, Broken Front Concession (Parts
1 and 2, Plan 40R-7116), Pickering, designated "SC-6" 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:
(1)
"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 financial institution, 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;
continued...
Page 2
~Dr~ 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 ~toreys
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~
"Furniture or Major Appliance Sales" shall mean an
establishment in which furniture , major 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 primarily for the display,
wholesale and retail sale of building materials,
hardware or accessories, including lumber;
"Industrial or Commercial Equipment Supply Establishment"
shall mean a building or part of a building in which
industrial or commercial equipment, supplies or
furnishings are stored, offered or kept for wholesale
or retail sale to industrial or commercial establish-
ments;
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 Frontage" shall mean the width of a lot
~etween the side lot lines measured along a line
parallel to and 7.5 metres distant from the front
lot line;
continued...
Page 3
(9)
(lO)
(ll)
(12)
(t3)
(14)
(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 Manufacturin~ Plant" shall mean a
manufacturing plant used for:
(i)
the production of apparel and finished
textile products other than the production
of synthetic 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, glassware
or similar articles, including but not
necessarily restricted to furniture, housewares,
toys, musical instruments, jewellery, watches
precision instruments, radios and electronic
components;
"Marquee" shall mean a rooflike structure attached to
and projecting from the main wall or roof of a building
over an entrance, and being at least 2.4 metres above
entrance grade;
"Motel" shall mean a building or part of a building
provi~-Tng for the travelling public overnight sleeping
accommodation of not less than 25 bedrooms and not more
than 150 bedrooms;
"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~
"Restaurant, Type B" shall mean a building or part of
a building where food is prepared or offered or kept
for retail sale to the public for immediate consumption
in the building or buildings on the premises only;
"Sales Outlet" shall mean a building or part of a
building accessory to a light manufacturing plant, a
food preparation plant er a warehouse, wherein products
manufactured, produced, processed, stored, serviced or
repaired on the premises are kept or d~splayed for
rent or for wholesale or retail sale, or wherein orders
are taken for future delivery of such products;
continued...
Page 4
(15)
"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 investigations may be manufactured
or otherwise prepared for use on the premises.
(16) "Vehicle Sales or Rental Establishment" shall mean
(17)
(18)
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;
"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 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;
"Rear Yard" shall mean a yard extend}ng 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 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
lots
continued...
Page 5
(i)
"Flankage Side Yard" shall mean a
~mediately adjoining a street or
on a reserve on the opposite side
is a street;
"Interior Side Yard" shall mean a
other than a flankage side yard;
side yard
abutting
of which
side yard
5. PROVISIONS
(1) Uses Permitted ("SC-6" Zone)
No person shall within the land designated "SC-6"
on Schedule "I" hereto, use any lot or erect, alter
or use any building or structure for any purpose
except the following:
(a) the purposes set out in Table l; and
(b) the purposes set out in Table 2 or the purposes
set out in Table 3;
subject to the following restrictions;
(c)
in the event that a lot or a building or structure
is to be used for a Table 1 purpose and a Table 2
purpose, the Table 1 purpose must be an integral
part of an used in conjunction with the Table 2
purpose;
(d) no lot or building or structure shall be used
for both a Table 2 purpose and a Table 3 purpose.
Table 1
business office
professional office
restaurant, type B, subject to the
provisions of paragraph (2)(i) A of
this section
Table 2
motel, subject to the provisions
paragraph (2)(i) C and (2)(i) D
this section
of
of
Table 3
dry cleaning establishment
food preparation plant
furniture of major appliance sales
home improvement centre
industrial or commercial equipment
suppliers
light manufacturing plant
sales outlet subject to the provisions
of paragraph (2)(i) B of this section
scientific, research or medical
laboratory
vehicle sales or rental establishment
warehouse
(2) Zone Requirements ("SC-6" Zone)
No persons shall within the lands designated "SC-6"
on Schedule "I" hereto, use any lot or erect, alter
or use any building or structure except in accordance
with the following provisions:
(a) LOT AREA (minimum): 0.4 hectares
(b) LOT FRONTAGE (minimum): 30 metres
(c) FRONT YARD DEPTH (minimum): 12 metres
(d) SIDE YARD WIDTH
A interior side yard: 4.5 metres
B flankage side yard: 12 metres
continued...
Page 6
7.5 metres
40 percent
12 metres
permitted in any
(e) REAR YARD DEPTH (minimum):
(f) LOT COVERAGE (maximum):
(g) BUILDING HEIGHT (maximum):
(h) OPEN STORAGE OR DISPLAY:
A No open storage shall be
yard.
B No display except the display of automobiles
or trucks in association with a vehicle sales
or rental establishment, shall be permitted
in any yard.
(i)
SPECIAL RESTRICTIONS:
A The gross floor area of all type B restaurants
on a lot shall not exceed 35% of t~e gross
floor area of all buildings on the lot.
B Sales outlets are permitted uses only if
accessory to food preparation plants, light
manufacturing plants 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 or warehouse.
C
For the motel use and accessory commercial
uses, the following parking requirements shall
apply:
1 parking space per bedroom, plus 3.6 spaces
per 100 square metres of gross floor area devoted
to accessory commercial uses, and to public use
other than bedrooms. For the purpose of this
By-law, public use in a motel includes meeting
rooms, conference rooms, recreational facilities,
dining and lounge areas, but excludes washrooms
and lobbies.
D
No more than one marquee may be erected and then
only if it projects no more than 4.5 metres into
a required front yard.
6. BY-LAW 3036
(1)
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.
(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, except that
sections 5.7 and 5.21.2 b) of By-law 3036 shall not
apply to the area set out in Schedule "I" 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
continued...
Page 7
(2)
(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.
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.
(3)
Where a conviction is entered under subsection (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.
8. EFFECTIVE DATE
This By-law shall take effect from
thereof subject to the approval of
Board, if required.
the day of passing
the Ontario Municipal
READ A FIRST AND SECOND TIME THIS 22nd DAY OF October
· 1 984
READ A THIRD TIME AND PASSED THIS 22nd DAY OF October , 1984
CLERK
TO,/V~',~ OF
DEPT.
SC'6
SCHEDULE 'I' TO BY-LAW 1916/84
PASSED THIS 22nd
DAY OF October ic~84
MAYOR
CdER~