HomeMy WebLinkAboutBy-law 1612/83THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 1612/83
Being a Restricted Area By-law to amend
Restricted Area By-law 3036, as amended,
to implement the Official Plan of the
Town of Pickering District Planning Area
Region of Durham, in Block A, Part Block
B, Plan M-998, (Parts 1-16, inclusive,
Plan 40R-7347) in the Town of Pickering.
WHEREAS the Council of the Corporation of the Town of Pickering
passed By-law 158/75, amending By-law 3036 to permit the establishment
of various commercial operations on the subject lands, being Block
A and Block B, Plan M-998, and Part of Lot 22, Concession 1, in
the Town of Pickering;
AND WHEREAS the Council of the Corporation of the Town of Pickering
now deems it desirable to revoke By-law 158/75 only as it applies
to those lands in Block A, and Part of Block B, Plan M-998 (Parts
1-16, inclusive, Plan 40R-7347), designated "C9" on Schedule "I"
attached hereto;
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:
SCHEDULES "I" AND "II"
Schedules "I" and "II" hereto with notations
shown thereon are hereby declared to be part
and references
of this By-law.
2. AREA RESTRICTED
The provisions of this By-law shall apply only to those lands
Block A, Part Block B, Plan M-998 (Parts 1-16, inclusive, Plan
40R-7347), Pickering, designated "C9" 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)
"Bakers" 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
2)
3)
4)
(6)
(7)
(8)
(9)
(lO)
"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;
"Clinic" shall mean a public or
physiotherapeutic or other human
facility;
private medical, surgical,
health treatment
"Dry 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 processes elsewhere, and of distributing articles,
goods or fabrics which have been subjected to any such
processes;
"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;
(al "Floor Area" shall mean the area of the floor surface
~ontained wfthin the outside walls 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.
(c)
"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.
"Gross Retail and Personal Service Floor Area" shall mean
~e gross retail and personal service floor space
contained in all buildings and structures on the lot,
as such space is defined in section 8.2.2 of the Official
Plan of the Regional Municipality of Durham, as amended
from time to time, or any successor thereto;
"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;
"Laundromat" shall mean a self-serve clothes washing
establishment containing washing, drying, ironing,
finishing or other incidental equipment;
(al "Lot Coverage" shall mean the percentage of lot area
covered by all buildings on the lot;
(b)
"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;
continued...
Page 3
(11)
(12)
(13)
14)
"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;
"Personal Service Shop" shall mean an establishment in
which a personal service is performed and which may include
a barber shop, a beauty salon, a shoe repair shop, a
tailor or dressmaking shop or a photographic studio, but
shall not include a body-rubparlour as defined in the
Municipal Act, R.S.O. 1980, Chapter 302, as amended from
time to time, or any successor thereto;
"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. lgSO, Chapter 302, as amended from time to time,
or any successor thereto;
"Restaurant-Type A" shall mean a building or part of a
building where food 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;
15) "Retail Store" shall mean a building or part of a building
in which goods, wares, merchandise, substances, articles
or things are stored, kept and offered for retail sale to
the public;
16) "Vehicle Service &' Household Merchandise Store" shall
mean a building or part 'of a building containing a
vehicle repair shop operated in conjunction with the
retail sale of onl~ vehicle accessories, sporting, goods,
hardware, householU merchandise and building supplies;
(17)
"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
retu?n for remuneration, but shall not include a body shop
or any establishmen~ engaged in the retail sale of vehicle
fuels;
(18)
(al
"Yard" shall mean an area of land which is appurtenant
to ~ 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~
continued...
Page 4
d)
e)
f)
g)
h)
"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~
"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 lotl
"Flank~ge Side Yard" shall mean a side yard
adjoining a street or abutting on a reserve
opposite side of which is a street;
immediately
on the
"Interior Side Yard" shall mean a side yard'other than
a flankage side yard.
5. PROVISIONS
(1) Uses Permitted ("C9" Zone)
No person shall, within thelands designated "C9" on Schedule
"I" hereto, use any lot or erect, alter or use any building
or structure for any purpose except the following:
a) bakeries,
b) business offices,
c) clinics,
d) dry cleaning depots,
e) financial institutions,
f) home improvement centres,
g) laundromats,
h) merchandise service shops,
i) personal service shops,
(j) professional offices,
(k) restaurants, type A,
/~/ retail stores,
vehicle service and household
merchandise
stores.
(2) Zone Requirements ("C9" Zone)
No person shall, within the lands designated "C9" on
Schedule 'I' hereto, use any lot or erect, alter or
use any building or structure except in compliance
with the following provisions:
continued...
Page 5
YARD REQUIREMENTS: side yard
(minimum): flankage side yard
except as provided
on Schedule "II",
front yard
all as illustrated on Schedule "II".
9 metres,
22 metres
16.5 metres,
(b) LOT COVERAGE:
(maximum)
33 percent
(c) BUILDING HEIGHT:
{maximum)
7.6 metres
(d) OUTDOOR STORAGE AND
DISPLAY:
(e) PARKING REQUIREMENTS:
Notwithstanding any other provisions
of this By-law or By-law 3036, as
amended from time to time, outdoor
storage and display shall be
permitted on that part of the lands
designated "Cg" on Schedule "I",
cross-hatched and designated ,
'outdoor storage and display area
on Schedule "II", only when such
outdoor storage and display is
accessory or incidental to a
permitted use located on the same
lot.
(1)
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 a minimum
of five (5),parking spaces for each 93 square
metres or part thereof of gross leasable floor area
(f)
SPECIAL
{i)
RESTRICTIONS:
The gross retail and personal service floor
area of all buildings on the lands designated
"C9" on Schedule "I" shall not exceed 10,700
square metres;
(ii)
the gross leasable floor area of all Vehicle
Service and Household Merchandise Stores
shall not exceed 6,050 square metres;
(iii)
the gross leasable floor area of all Retail
Stores on the lands designated "C9" on
Schedule "I" shall not exceed 1860 square
metres;
(iv) the gross leasable floor area of any Retail
Store permitted shall not exceed 450 square metres
continued...
Page 6
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.
7. ENFORCEMENT
Any person who contravenes any of the provisions of this By-law
shall be liable upon conviction thereof to a fine not exceeding
$1,000.00 for each offence, exclusive of costs, recoverable
under the Provincial Offences Act.
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 l?th DAY OF January , 198 3 .
READ A THIRD TIME AND PASSED THIS 1?th DAY OF January , 1983
TOWN OF
PlCIql E~NG
APPROVED
]TO FO N~
GLENANNA
ROAD
C9
)aU,.,nde.rY of la,nds shown
~arts I~ 16, reclusive,
n 40R- 7347
SCHEDULE ,]-, TO BY-LAW
PASSED THiS ~
DAY OF' ~._.~..~..~.____.. 198 3
GLENANNA
ROAD
l~:xJndory of Io~l~ ~
a~ Parts I - 16, inclusive,
Plan 40R- 7347
0
SCHEDULE' ..]]:, TO BY - LAW ~
P/~SED THiS ~
DAy O~ ~.E.~_~~ ~e ~