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HomeMy WebLinkAboutBy-law 2622/87THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 2622/87 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the Town of Picketing District Planning Area, Region of Durham, in Part of Lot 32, Range 3, Broken Front Concession, in the Town off Picketing. (A 30/87) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the establishment of restricted light industrial uses, home improvement centres, furniture and major appliance sales, restaurants, business offices and professional offices on Raft of Lot 32, Range 3, Broken Front Concession, in the Town of Rickering; 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" 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 8y-law shall apply to those lands on Schedule "I" attached hereto in Lot 32, Range 3, Broken Front Concession, Rickering, bearing an "M1-8" designation, whether or not that designation is accompanied by any bracketted symbol. 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. 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 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; 2 (2) "Furniture or Major Appliance Sales" shall mean an establishment in which furniture, major appliances or both off them are stored, offered and kept for wholesale or retail sale; (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) "Home ,Im,prgvement Centre" shall mean a building or part of a building used for the display, wholesale and retail sale of building materials, hardware or accessories, including cabinets, electrical fixtures, carpets, floor coverings, plumbing supplies, wall coverings, draperies, garden supplies, and lumber; (5) (a) "Lot" shall mean an area of land fronting on a street ~ 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 lot area covered by all buildings on the lot; (c) "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; (6) (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, piasticware, 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; (7 (8 (9 (10) "Professional Office" shall mean @ 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; "Rest,auraot~ 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; "Warehouse" shall mean a building or part of a building which is used 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; 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 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; (h J'.Flanka~e Side Yard" shall mean the side yard immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; (i "Interior Side Yard" shall mean a side yard other than a flankage side yard. 5. PROVISIONS (1) Uses Permitted ("N1-8" Zone) No person shall within the lands designated "M1-8" on Schedule "I" attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (a) light manufacturing plant (b) warehouse (2) Zone Requirements ("M1-8" Zone) No person shall within the lands designated "M1-8" on Schedule "l" attached hereto, use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (a) LOT AREA (minimum): 0.5 hectare (b) LOT FRONTAGE (minimum): 30 metres (c) FRONT YARD DEPTH (minimum): Highway No. 2/Kingston Road, depth shall be 14 metres 4.5 metres, except if such yard abuts the minimum front yard (d) INTERIOR SIDE YARD WIDTH (minimum): 3.5 metres e) FLANKAGE S10E YARD WIDTH (minimum): Highway NO. 2/Kingston Road, yard width shall be 14 metres 3,5 metres, except if such side yard abuts the minimum flankage side f) REAR YARD DEPTH (minimum): Highway No. 2/Kingston Road, depth shall be 14 metres 7.5 metres, except if such yard abuts the minimum rear yard g) LOT COVERAGE (maximum): 45 percent h) BUILDING HEIGHT (maximum): 10 metres (i) OPEN STORAGE: no open storage shall be permitted in any yard (j) PARKING REQUIREMENTS: (i) For the purpose of this clause "parking space" shall mean a useable and accessible area of not less than 2.6 metres in width and 5.3 metres in length, for the temporary parking of a vehicle, but shall not include any portion of a parking aisle or driveway; (ii) There shall be provided and maintained on the lot a minimum 3.0 parking spaces per 100 square metres floor area for the first 1000 square metres gross floor area, plus 0.8 parking spaces per 100 square metres floor area for the next 6000 square metres gross floor area, plus 0.4 parking space per 100 square metres floor area for all remaining gross floor area; 5 (iii) Sections 5.21.2a) and 5.21.2b) of By-law 3036, as amended, shall not apply to the lands designated "N1-8" on Schedule "I" attached hereto; (iv) All parking areas shall be set back a minimum of 3.0 metres from all road allowances; (v) Notwithstanding Section 5.21.2g) of By-law 3036, as amended, all parking areas shall be surfaced with brick, asphalt or concrete, or any combination thereof. (3) Special Regulations ("(S0-14)" Symbol) On lands where the "M1-8" designation on Schedule "I" attached hereto is followed by the symbol "(SC-14)" the following regulations shall apply: (a) In addition to the uses this By-law, restaurant, use; specified in section 5(1) of type A, shall be a permitted (b) All zone requirements specified in section 5(2) of this By-law shall apply except that if one or more restaurants, type A, are established on the lot: (i) despite section 5(2)(a) the minimum lot area shall be 0.2 hectare; (ii) despite section 5(2)(b) the minimum lot frontage shall be 20 metres; (iii) despite section 5(2)(j)(ii), for restaurants, type A, there shall be provided and maintained on the lot a minimum 8.0 parking spaces per 100 square metres gross leasable floor area. (4) Special Regulations ("(SC-15)" Symbol) On lands where the "M1-8" designation on Schedule "I" attached hereto is followed by the symbol "(SC-15)" the following regulations shall apply: (a) In addition to the uses specified in section 5(1) of this By-law, business office and professional office shall be permitted uses; (b) All zone requirements specified in section 5(2) of this By-law shall apply except that if one or more business offices or professional offices are established on the lot: (i) despite section 5(2)(a) the minimum lot area shall be 0.3 hectare; (ii) despite section 5(2)(d), for professional offices, the minimum yard width shall be 1.5 metres; business and interior side (iii) despite section 5(2)(h), for professional offices, the maximum shall be 13.5 metres; business and building height (iv) despite section 5(2)(j)(ii), for business and professional offices, there shall be provided and maintained on the lot a minimum 4.5 parking spaces per 100 square metres floor area for the first 1000 square metres gross leasable floor area, plus 2.5 parking spaces per 100 square metres floor area for all remaining gross leasable floor area. (5) SPecial Regulations ("(SC-16)" Symbol) On lands where the "M1-8" designation on Schedule "I" attached hereto is followed by the symbol "(SC-16)" the following regulations shall apply: (a) In addition to the uses specified in section 5(1) of this By-law, furniture or major appliance sales, and home improvement centre shall be permitted uses; (b) Ali zone requirements specified in section 5(2) of thls By-law shall apply, except that if one or more home improvement centres or furniture or major appliance sales are established on the lot: (i) despite section 5(2)(d), for home improvement centres or furniture or major appliance sales, the minimum interior side yard width shall be 0.5 metre; (ii) despite section 5(2)(i), for home improvement centres or furniture or major appliance sales, open storage of building materials, hardware and accessories is permitted so long as no more than 50 percent of the lot area is used for such storage, and all such materials, hardware and accessories are completely screened from all public roads by buildings or structures on the lot; (iii) despite section 5(2)(j)(ii), for home improvement centres and furniture or major appliance sales, there shall be provided and maintained on the lot a minimum 4.0 parking spaces per 100 square metres gross floor area of non-storage space, plus 2.0 parking spaces per 100 square metres gross floor area of storage space. 6. BY-LAW 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 8y-law shall be governed by the relevant provisions of By-law 3036, as amended. 7. ENFORCEMENT (i) 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 or part thereof upon which the contravention has continued after the day on which he was first convicted. 7 (2) (3) 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 been continued after the day on which the corporation was first convicted; and not as provided in subsection (1). Where a conviction is entered under subsection (1), in addition to any other remedy or 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 o~fence by the person convicted. 8. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof subject to the approval of the Ontario Municipal 8oard, if required. READ A FIRST AND SECOND TINE THIS 19th DAY OF January , 1988. READ A THIRD TINE AND PASSED THIS 19th DAY OF January , 1988. C ERK B. O, TAYLOR Tr)WLI M1'8 (SC'~6) Ml'8 M1-8 M1'8 ~o. 2622/87 SCHEDULE "I" TO BY- LAW PASSED THIS 19 th DAY OF January; 198 8 //I~AYOR ( JOHI~E, ANDERSON)'/ ----. ) CANAO~N PROPERTY'