HomeMy WebLinkAboutBy-law 1544/82THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER .~544/$2
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 Part of Lots 27 and
28, Range 3, Broken Front Concession,
in the Town of Pickering.
WHEREAS the Council of the Corporation of the Town of Pickering
deems it desirable to permit the establishment of a hotel with
ancillary office and commercial facilities in addition to
restricted light industrial uses on the subject lands, being
part of Lots 27 and 28, Range 3, Broken Front Concession;
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 Lots 27 and 28, Range 3, Broken Front Concession,
Picketing, designated "SC-3" 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)
"Automobile Service Station" shall mean a gasoline
~etail outlet which also contains facilities for the
repair and maintenance of vehicles on the premises,
and in which vehicle accessories are sold and vehic]e
maintenance and repair operations are performed but
shall not include a body shop as defined herein.
(2) "Bod~ Shop" shall mean an establishment primarily
engaged in repairing or painting vehicle bodies.
continued...
(3)
(4)
(5)
(6)
(7)
"Business Office" shall mean a building or part of a
~ilding fn whi'ch one or more persons are employed in
the management, direction or conducting of a business,
a public or private agency, a brokerage or a labour
or fraternal organization, and may include a financial
institution, a teleDraph office, a data processing
establishment, 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.
(al
"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 of a building or
structure or a portion thereof, as the case may
be, other than a private garage, an attic or a
cellar.
"Frontage" or "Lot Frontage" shall mean the width
a lot between the side lot lines measured along a
line parallel to and 7.5 metres distant from the
front lot line.
of
"Hotel" shall mean any inn, public house, motel,
motor court, or auto court in one building or in
two or more connected buildings used mainly for the
purpose of catering to the needs of the travelling
public by providing sleeping accommodation of not
less than 25 bedrooms and which may supply food,
refreshments, entertainment or any of them.
(8)
(a)
(b)
"Manufacturin9 Plant" shall mean a building or
bart of a 6'uilding {n 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.
"Light Manufacturing Plant" shall mean a
manufacturing plant used for:
(il 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 and allied
products other than the processing of wood
pulp;
(iv) the production of cosmetics, drugs and other
pharmaceutical supplies; or
continued...
(9)
(lO)
(11)
(12)
(13)
(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.
"Professional Office" shall mean a building or part
of a buildin~ in which medical, legal or other
professional service is performed or consultation
given, and 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.
"Retail Store" shall mean a building where goods,
wares, merchandise, substances, articles or things
are stored, offered or kept for sale at retail and
includes storage on or about the store premises of
limited quantities of such goods, wares, merchandise,
substances, articles, or things sufficient only to
service such store but does not include any retail
outlet otherwise classified or defined in the By-law;
"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.
"Warehouse" shall mean a building or part of a
6uilding 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 ful"l 'width of a lot between the front lot
line of the lot and the nearest wall of the
nearest main buiding or structure on the lot.
continued,..
(c)
(d)
(e)
f)
g)
h)
i)
"Front Yard Depth" shall mean the shortest
horizonta~ 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 extending across
~dth 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 ~epth" shall mean the shortest
horizon'tal 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
fr6m 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
~orizonta~ 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 side yard
immediately adjo~'ning 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.
5. PROVISIONS
(1) Uses Permitted ("SC-3" Zone)
No person shall within the lands designated "SC-3"
on Schedule "I" hereto, use any lot or erect, alter
or use any building or structure for any purpose
except the following:
(a) automobile service station subject to the provisions
of subclause (2)(g)(i) of this section
(b) business offices
(c) commercial clubs subject to the provisions of
subclause (2)(g)(i) of this section
(d) hotel subject to the provisions of subclause
(2)(g)(ii) and (2)(g)(iii) of this section
(e) light manufacturing plants
continued..,
(fl professional offices
(gl retail stores subject to the provisions of
subclause (2)(gl(i) of this section
Ih) scientific, research or medical laboratories
(il warehouses
(2) Zone Requirements ("SC-3" Zone)
No person shall within the lands designated "SC-3"
on Schedule "I" hereto, use any lot or erect, alter
or use any building or structure except in accordance
with the following provisions:
(al LOT AREA (minimum):
(b) LOT FRONTAGE (minimum):
(c) FRONT YARD DEPTH (minimum):
{d) SIDE YARD WIDTH (minimum):
(il interior side yard:
{ii) flankage side yard:
(el REAR YARD DEPTH (minimum):
(fl OPEN STORAGE OR DISPLAY:
0.4 hectares
30 metres
12 metres
4.5 metres]'
12 metres
7.5 metres
No open storage
or display shall
be permitted in
any yard.
(gl SPECIAL RESTRICTIONS:
(i)
(ii)
Automobile service stations, commercial clubs,
and retaiQ stores shall be permitted only
when developed as an integral part of a
hotel.
For the hotel use and accessory commercial
uses, the following parking requirements shall
apply:
1 (one) 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
hotel includes meeting rooms, conference
rooms, recreational facilities, dining and
lounge areas, but excludes washrooms and
lobbies.
(iii)
(iv)
For the hotel use and accessory commercial
uses, Section 5.9 (Height Requirements) of
By-law 3036 shall not apply.
If a hotel exists on the lot, light
manufacturing plants, scientific, research
or medical laboratories or warehouses shall
only be located east of such hotel.
continued...
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 5t~ DAY OF July , 1982.
READ A THIRD TIME AND PASSED THIS
TOWN OF
PICKI~RING
APPROVED
AS TO EORM,
LEGAL DEPT.
5th DAY OF July '1982.
SC'3
SCHEDULE 'I' TO BY-LAW 1544/82
PASSED THIS 5th
DAY OF July 198 2
/~A~O,'~
CLERK