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HomeMy WebLinkAboutBy-law 2350/87THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 2350/87 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 18, Concession l, in the Town of Pickering. (Rarts 14 to 21 inclusive, Plan 40R-9576) OPA 86-55/D/P; A 21/86(R) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the development of certain industrial and commercial uses on the subject lands; 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 By-law shall apply to those lands in Part of Lot 18, Concession l, Pickering, designated "M1-7/ SPC-2" on Schedule "I" attached hereto. 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) "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~ c ntinued... \ Page 2 (2) 4) 6) 7) (s) "Commercial Club" shall mcan an social club operated for gain or or private membership; athletic, recreational or profit and having public "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; "Food Preparation Plant" shall mean a building or part of a building in which processed food products are cooked, baked, mixed, packaged or otherwise prepared for distribu- tion to retail or institutional outlets; "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; "Hotel" shall mean a building, or two or more buildings attached above grade, used for the purpose of catering to the needs of the travelling public by providing overnight sleeping accommodations of not less than 25 bedrooms and may include uses accessory thereto, including meeting rooms, conference rooms, recreational facilities and dining and lounge areas; (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 structues, 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; (a) "Manufacturin9 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 Manufacturing 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 and allied products other than the processing of wood pulp; iv) the production of cosmetics, drugs and other pharmaceutical supplies; or continued... Page 3 (9) (lO) (11) (12) (13) (14) 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 instru- ments, radios and electronic components; "Parking Space" shall mean a usable and accessible area of not less than 15.95 square metres, for the temporary park- ing of a vehicle, but shall not include any portion of a parking aisle or driveway; "Private Club" shall mean an athletic, recreational or social club not operated for gain or profit and having private membership but shall not include any other club as defined herein; "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. 1980, Chapter 302, as amended from time to time, or any successor thereto; "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 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; continued... Page 4 (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 main 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 main wall of the nearest main building or structure on the lot; (j) "Interior Side Yard" shall mean a side yard other than a flankage side yard. PROVISIONS (1) (a) Uses Permitted ("M1-7/SPC-2" Zone) No person shall within the lands designated "M1-7/ SPC-2" on Schedule "I" attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (i) business office (ii) commercial club (iii) dry cleaning establishment (iv) food preparation plant (v) hotel (vi) light manufacturing plant (vii) private club (viii) professional office (ix) scientific, research or medical laboratory (x) warehouse continued... Page 5 (b) Zone Requirements ("N1-7/SPC-2" Zone) No person shall within the lands designated "M1-7/ SPC-2" on Schedule "I" attached hereto, use any lot or erect, alter or use any building except in accordance with the following provisions: (i) LOT AREA (minimum): 0.6 hectare (ii) LOT FRONTAGE (minimum): 30 metres (iii) FRONT YARD DEPTH (minimum): 13.5 metres (iv) REAR YARD DEPTH (minimum): 13.5 metres (v) LOT COVERAGE (maximum): 40 percent (vi) BUILDING HEIGHT (maximum): 22 metres (vii) OPEN STORAGE: All uses, other than parking, shall take place entirely within enclosed buildings or structures with no outside storage or display (viii) PARKING REQUIREMENTS: For hotels, there shall be provided rained on the subject lands a minimum of space per bedroom, plus 3.6 spaces per metres of floor area - non-bedroom washrooms, lobbies and corridors; and main- 1 parking 100 square excluding For business offices and professional offices, there shall be provided and maintained on the subject lands a minimum of: (I) 4.5 spaces per 93 square metres gross leasable floor area for the first 929 square metres gross leasable floor area; and (II) 2.5 spaces per 93 square metres gross leasable floor area for leasable area in excess of 929 square metres C Despite Section 5.21.2g) of By-law 3036, as amended, all parking areas shall be paved. (ix) Despite Section 2.46c)i) of By-law 3036, the boundary of the lands on Schedule "I" attached hereto which abuts Brock Road and Pickering Parkway shall be deemed to be the front lot line and all other boundaries of those lands shall be deemed to be the rear lot line. 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 8y-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. continued... Page 6 7. ENFORCENENT 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. 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; and not as provided in subsection (1). 3) 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 TINE THIS 19th DAY OF January , 1987. READ A THIRD TIME AND PASSED THIS / ~fAYOR 4th [3AY OF May , 1967. BRUCE 3. TAYLOR J TOWN OF PICKERING PtCKERING M1.7/SPC.2 AO\ SCHEI:X~LE "I" TO BY- LAW 2350/87 P~,~E/) THk~ 4th DAY OF ~ay 1987 / CLERK ( BRudE ,J. TAYLOR ) FINCH I l I l l I I l PROPERTY l l .I