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HomeMy WebLinkAboutBy-law 4989/97 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 49 89/9 7 Being a By-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the Town of Picketing District Planning Area, Region of Durham, in Part of Lot 18, Concession 1, in the Town of Picketing. (A 19/96) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the development of an automobile service station and restaurant use on the subject lands, being Part of Lot 18, Concession 1, in the Town of Picketing; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. 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 18, Concession in the Town of Picketing, designated "CA(A)-1", 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 - Type A" shall mean an establishment where only vehicle fuels, lubricants and accessories are offered for retail sale; (2) "Build-to-Zone" shall mean an area of land within which all or part of a building or buildings are to be located; (3) "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; (4) (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 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 Area" shall mean the total horizontal area within the lot lines ora lot; (c) "Lot Frontage" shall mean the width of a lot between the side lot lines measured along a parallel to and 7.5 metres distant from the front lot line; -2- (5) "Restaurant - Type F" 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, and which may include a drive-through order and pick-up service; (6) (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 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 Depth" shall mean the shortest horizontal dimension of a rear yard 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; (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; (g) "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; (h) "Flankage 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; (i) "Flankage Side Yard Width" shall mean the shortest horizontal dimension of a flankage side yard of a lot between the lot line adjoining a street or abutting on a reserve on the opposite side of which is a street and the nearest wall of the nearest main building or structure on the lot; and (j) "Interior Side Yard" shall mean a side yard other than a flankage side yard. 5. PROVISIONS (1) Uses Permitted ("CA(A)-I" Zone) No person shall within the lands designated "CA(A)-I" on Schedule I attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (a) automobile service station - Type A (b) restaurant - Type F -3- (2) Zone Requirements ("CA(A)-I" Zone) No person shall within the lands designated "CA(A)-I" on Schedule I attached hereto use any lot or erect, alter or use any building except in accordance with the following provisions: (a) LOT AREA (minimum): 0.4 hectares (b) LOT FRONTAGE (minimum): 55.0 metres (c) BUILDING RESTRICTIONS: (i) Building Location and Setbacks: A Buildings and structures shall comply with the minimum setbacks illustrated on Schedule I attached hereto; B A minimum of 40% of the length of the build-to-zones, as illustrated on Schedule I attached hereto, shall contain a building or buildings, or part of a building or buildings; (ii) Building Height: A maximum of 12.0 metres; B minimum of 5.0 metres in any build-to-zone; (d) PARKING REQUIREMENTS: (i) There shall be provided and maintained on the lands designated "CA(A)-I" on Schedule I attached hereto, a minimum of: A 8.0 parking spaces per 93 square metres of gross leasable floor area provided for all restaurants - Type F B 5 parking spaces for any automobile service station - Type A (ii) Clauses 5.21.2a) to 5.21.2e), inclusive, of By-law 2511, as amended, shall not apply to the lands designated "CA(A)-I" on Schedule I attached hereto; (iii) Notwithstanding clauses 5.21.2g) and 5.21.2k) of By-law 2511, as amended, all entrance and exits to parking areas and all parking areas shall be surfaced with brick, asphalt, or concrete, or any combination thereof; (e) SPECIAL REGULATIONS: (i) The aggregate of the gross leasable floor area of all restaurants - Type F shall not exceed 300 square metres; (ii) The maximum gross leasable floor area of any building associated with the automobile service station - Type A shall not exceed 150 square metres; (iii) A maximum of one automobile service station - Type A shall be permitted on the lands designated "CA(A)-I" on Schedule I attached hereto; (iv) All uses, other than parking, shall take place entirely within enclosed buildings or structures with no outside storage or display; -4- (v) Despite the definition of an automobile service station - Type A as outlined in section 4.(1) of this By-law, the accessory retail sale of limited convenience items is permitted in conjunction with an automobile service station - Type A; (vi) The aggregate gross leasable floor area, devoted to the limited sale of convenience items, within buildings associated with an automobile service station - Type A, shall not exceed 50% of the gross leasable floor area of all buildings; (vii)Despite section 5.(2)(e)(iv) above, a maximum area of 10.0 square metres may be used for the outdoor storage or display of limited convenience items accessory to an automobile service station - Type A; (viii)Notwithstanding the provisions of subsections 5.(2)(c), 5.(2)(d) and 5.(2)(e) above, the automobile service station - Type A use and all associated buildings and structures associated to it, existing on the lands designated "CA(A)-I" on Schedule 1 attached hereto, on the date of passing of this by-law, shall be deemed to comply with the provisions of By-law 251l, as amended. Any alterations, additions, or new development on the lands shall comply with the provisions set out heroin. (ix) Despite section 5.19(a) (provisions for accessory structure location) of By-law 2511, as amended, and section 5.(2)(c)(i)A of this By-law, one garbage enclosure not exceeding 15.0 square metres in size may be located in the interior side yard a minimum of 0 metres from that property line; 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 relevant provisions of By-law 2511, as amended. 7. 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 5th DAY OF May ,1997. READ A THIRD TIME AND PASSED THIS 5th DAY OF May ,1997. WAYNE ARTHURS BRUCE J. TAYLOR BAYLY STREET MINIMUM SETBACK BUILD-TO-ZONE SCHEDULE ! TO BY-LAW ~/~ PASSED THIS 5tn DAY OF May 1997 i PLUMMER STREE QUARTZ ST. 0 Town of Pickering Planning Department