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HomeMy WebLinkAboutBy-law 3743/91 Ontario Ontario Municipal Board Commission des affaires municipales de I'Ontario IN THE ~ATTER OF Section 34(18) of the Planning Act, 1983 R 910377 AND IN THE MATHER OF an appeal by The Regional Municipality of Durham against Zoning By-law 3743/91 of The Corporation of the Town of Pickering B E F OR E : D.S. COLBOURNE Vice-Chairman ) Tuesday, the 26th day ) ) of November, 1991 THE APPEAL having been withdrawn; THE BOARD ORDERS that the appeal against Zoning By-law 3743/91 is hereby dismissed. SECRETARY THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 3 7 4 3/91 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 20, Concession 1, in the Town of Pickering. (A 43/89; OPA 89-122/P) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the development of a health and fitness club, a children's gymnastics club, and a dance studio in addition to restricted light industrial uses on the subject lands, being Part of Lot 20, Concession 1; AND WHEREAS an amendment to By-law 2511, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENA(TI'S AS FOII OWS: SCHEDULE I Schedule I attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. AREA RESTRICq~D The provisions of this By-law shall apply to those lands in Part of Lot 20, Concession 1, Picketing, designated "M1-11" 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, (0 "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 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) "Commercial Club" shall mean an athletic, recreational or social club operated for gain or profit and having public or private membership; (3) "Commercial-Recreational Establishment" shall mean a commercial establishment in which indoor recreational facilities such as bowling alleys, miniature golf courses, roller skatin~ rinks, squash courts, swimming pools and other similar indoor recreational facilities are provided and operated for gain or profit, and which may include an arena or a stadium, but shall not include a place of amusement or entertainment as defined herein; (4) "Commercial School" shall mean a school which is o. perated for gain or profit and may include the studio of a dancing teacher or music teacher, or an art school, a golf school, or any other such school operated for gain or profit; -2- (5) "Dry Cleaning Establishment" shall mean a building or part of a building used for dry cleaning and related processes but does not include a laundromat; (6) "Financial Institofion" 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; (7) (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 storeys above or below established grade, designed for owner or tenant occupancy or exclusive use only, but excluding storage areas below established grade; (8) "Food Preparation Plant" shall mean a build, lng or part of a building in which processed food products are cooked, baked, mtxed, packaged or otherwise prepared for distribution to retail or institutional outlets; (9) "Light Manufacturing Plant" shall mean a manufacturing plant used for: (a) the production of apparel and finished textile products other than the production of synthetic fibres; (b) printing or duplicating; (c) the manufacture of finished paper other than the processing of wood pulp; (d) the production of cosmetics, drugs and other pharmaceutical supplies; or (e) the manufacture of finished lumber products, light metal products, electronic ~PnrOducts, plasticware, porcelain, earthenware, glassware or similar articles, cluding but not necessarily restricted to, furniture, housewares, toys, musical instruments, jewellery, watches, precision instruments, radios and electronic components; (10) (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 pubhc park or open space area, regardless of whether or not such lot constitutes the whole of the lot or block on a registered plan of subdivision; (b) "Lot Coverage" shall mean the percentage of a 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; (11) "Place of Amusement or Entertainment" shall mean a building or part of a building in which facilities are provided for amusement or entertainment purposes, and which may include a billiard or pool room, a dance hall, a music hall, or a theatre, but shall not include a games arcade or an adult entertainment parlour as defined in the Municipal Act, R.S.O. 1980, Chapter 302, as amended from time to time, or any successor thereto; (12) "Professional Office" shall mean a building or part of a buildin, g in which medical, legal or other professional service is performed or consultation g~ven, 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 ~parlou.r as defined in The Municipal Act, R.S.O. 1980, Chapter 302, as amended trom t~me to time, or any successor thereto; (13) "Public Club" shall mean an athletic, recreational or social club not operated for gain or profit and having public membership; -3- (14) (16) (17) "Private Club" shall mean an athletic, recreational or social club not operated for gain or profit and having private membership; "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 or 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; (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; (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) "Interior Side Yard" shall mean a side yard other than a flankage side yard. 5. PROVISIONS (1) (a) Uses Permitted ("Ml-ll"Zone) No person shall within the land designated "Mi-Il" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: iii) iv) v) vi) vii) viii) xi) xii) xiii) business office commercial club commercial-recreational establishment commercial school dry cleaning establishment financial institution food preparation plant light manufacturing plant private club professional office public club scientific, research or medical laboratory warehouse -4- (b) Zone Requirements CMl-Il" Zone) No person shall within the lands designated "MI-il" on Schedule I attached hereto use any lot or erect, alter or use any building except in accordance with the following provisions: (i) (ii) (iii) (iv) (v) LOT AREA (minimum): LOT FRONTAGE (minimum): FRONT YARD DEPTH (minimum): INTERIOR SIDE YARD WIDTH (minimum): FLANKAGE SIDE YARD WIDTH (Minimum): REAR YARD DEPTH (minimum): LOT COVERAGE (maximum): BUILDING HEIGHT (maximum): OPEN STORAGE: (vi) (vii) (viii) (x) (xi) 0.4 hectares 30.0 metres 12.0 metres 4.5 metres 4.5 metres 7.5 metres 50 percent 12.0 metres no open storage shall be permitted in any yard PARKING REQUIREMENTS: A For the purpose of this clause "parking space" shall mean a usable 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; B There shall be provided and maintained on the lands a minimum of 210 parking spaces; C All parking areas shall be set back a minimum of 3.0 metres from all road allowances, and a minimum of 1.5 metres from all lot lines; D All parking areas shall be surfaced with brick, asphalt or concrete, or any combination thereof. SPECIAL REGULATIONS: A The aggregate gross leasable floor areas of all commercial clubs, commercial-recreational establishments, commercial schools, public clubs, private clubs, financial institutions, business offices and professional offices shall not exceed 50% of the gross leasable floor area of all buildings on the subject lands. 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 'T' attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 2511, as amended. 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 (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. -5- (2) 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; (3) 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 offence 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 Board, if required. READ A FIRST AND SECOND TIME THIS 18th DAY OF June , 1991. READ A THIRD TIME AND PASSED THIS 18th DAY OF June ,1991. MAYO~ WAYNE ARTHURS~/~ BRUCE J. TAYLOR TOWN CF PICP-:ERINc APPROVED ALLIANCE ROAD BAYLY Mi-ll STREET l SCHEDULE I TO BY-LAW.3743/91 PASSED THIS 18th DAY OF June _i991 M~LE~K / / $ TREAkI~IDE ~'r, SUBJECT PROPERTY