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Home My WebLink AboutBy-law 2457/87JUN - .'~ !790 ONTARIO Ontario Ontario Municipal Board Commission des affaires municipales de rOntario Z 890041 IN ThE MA'z-z'mR OF Section 34(11) of the ~, 1983 AND IN THE MATTER OF an appeal to this Board by Penny Fuels Incorporated for an order amending Zoning By-law 2457\87 of The Corporation of the Town of Pickering to permit the development of restaurants, dry cleaning depots, laundromats, self service car wash facilities and automotive fuel sales in part of Lot 31, Range 3, Broken Front Concession BEFORE : H.H. LANCASTER Vice-Chairman Tuesday, the 24th day of April, 1990 THE APPEAL having been withdrawn; THE BOARD ORDERS that the appeal for an order amending By-law 2457\87 is hereby dismissed. sECRETARY THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 2457/87 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Rlan of the Town of Pickering District Planning Area, Region of Durham, in Part of Lot 31, Range 3, Broken Front Concession in the Town of Picketing. (A 9/87) WHEREAS the Council of the Corporation of the Town of Rickering deems it desirable to permit the establishment of offices and residential dwellings on Part of Lot 31, Range 3, Broken Front Concession, in the Town of Picketing; AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORRORATION OF THE TOWN OF RICKERING HEREBY ENACTS AS FOLLOWS: SCHEDULE 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 Lot 31, Range 3, Broken Front Concession, Pickering, designa- ted "SC-9" and "R4" 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) "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 estab- lishment, 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; continued... 2 (2) "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; (3) (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 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 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; (4) "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 Nunicipal Act, R.S.O. 1980, Chapter 302, as amended from time to time, or any successor thereto; (5) (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; continued... (g) (h) (i) "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; "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; "Interior Side Yard" shall mean a side yard other than a flankage side yard; 5. PROVISIONS (1) Uses Permitted ("SC-9" Zone) No person shall within the lands designated "SC-9" on Schedule "I" attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (a) business office (b) professional office (2) Zone Requirements ("SD-9" Zone) No person shall within the lands designated "SC-9" 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 YARO DEPTH (minimum): 14 metres (d) INTERIOR YARD WIDTH (minimum): 3.5 metres (e) FLANKAGE SIDE YARD WIDTH (minimum): 3.5 metres (f) REAR YARD DEPTH (minimum): 7.5 metres (g) LOT COVERAGE (maximum): percent (h) BUILDING HEIGHT (maximum): 10 metres (i) GROSS LEASABLE FLOOR AREA (maximum): 1400 square metres (j) OPEN STORAGE: no open storage shall be permitted in any yard continued... (k) PARKING REQUIREMENTS: A For the purpose of this clause "parking space" shall mean a useable and accessible area of not less than 15.95 square metres, for the temporary parking of a vehicle, but shall not include any portion of a parking aisle or driveway; There shall be provided and maintained on the subject lands a minimum 4.5 parking spaces per lO0 square metres floor area for the first 1000 square metres gross leasable floor area, plus 2.5 spaces per 100 square metres floor area for all remaining gross leasable floor area; Sections 5.21.2a) and 5.21.2b) of By-law 3036, as amended, shall not apply to the lands designated "SC-9" on Schedule "I" attached hereto; D All parking areas shall be set back a minimum of 3.0 metres from all road allowances; E Notwithstanding Section 5.21.2g) of By-law 3036, as amended, all parking areas shall be surfaced with brick, asphalt or concrete, or any combina- tion thereof. 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. 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. (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). continued... (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 TIME THIS 19th DAY OF Ja~ , 1988. READ A THIRD TIME AND PASSED /~. £.-Ano~e~rs~O~n - //Nayor Clerk TOWN OF PICKERING APPROVED LEGAL R4 664m OLD FOREST ROAD 670m E4 6?.Om SC'9 E Z SCHEDULE "I" TO BY- LAW 2457/87 PASSED THiS 19th DAY OF January ~98~ / ./."' .. -~: AVENUE SUBJECT PROPERTY