HomeMy WebLinkAboutBy-law 2471/87THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER2471/87
Being a By-law to amend Restricted Area
(Zoning) By-law 3036, as amended, to implement
the Official Plan of the Town of Pickering
District Planning Area, Region of Durham, in
Part of Lot 29, Range 3, Broken Front Concession
(Parts 2 and 3, Plan 40R-6753) in the Town of
Rickering. (A 13/87)
WHEREAS the Council of the Corporation of the Town of Pickering
deems it desirable to permit the establishment of restricted light
industrial uses and certain special purpose commercial uses on the
subject lands being part of Lot 29, Range 3, Broken Front Concession
(Parts 2 and 3, Plan 40R-6753);
AND WHEREAS an amendment to 8y-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
thereon is hereby declared to be part of this By-law.
shown
2. AREA RESTRICTED
The provisions of this By-law shall apply to those lands in Part
of Lot £9, Range 3, Broken Front Concession (Parts 2 and 3, Plan
40R-6753), Pickering, designated "SC-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,
(1) (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;
(2) "Furniture or Major Appliance Sales" shall mean an
establishment in which furniture, major appliances or both
of them are stored, offered and kept for wholesale or
retail sale;
(3)
"Home Improvement 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
lumber;
(4)
(a)
(b)
(c)
(b)
"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 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;
"Lot Coverage" shall mean the percentage of lot area
covered by all buildings on the lot;
"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;
"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.
"Light Manufacturin9 Plant" shall mean a manufacturing
plant used for:
(i) the production of apparel and fioished textile
products other than the production of synethetic
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, plasticware,
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;
(6)
(7)
"Sales Outlet" shall mean a building or part of a building
accessory to a light manufacturing plant, a food
preparation plant, or a warehouse, wherein products
manufactured, produced, processed, stored, serviced or
repaired on the premises are kept or displayed for rent or
for wholesale or retail sale, or wherein orders are taken
for future delivery of such products;
"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;
(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) "F~anka~e 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;
4
5. PROVISIONS
(1) (a) Uses Permitted ("SC-ii" Zone)
No person shall within the lands designated
Schedule "I" attached hereto use any lot
alter or use any building or structure for
except the following:
"SC-ii" on
or erect,
any purpose
(i) furniture or major appliance sales
(ii) home improvement centre
(iii) light manufacturing plant
(iv) sales outlet subject to the provisions of
paragraph (1)(b)(viii)A of this section
(v) warehouse
(b) Zone Requirements ("SC-il" Zone)
No person shall within the lands designated "SC-11" on
Schedule "I" attached hereto, use any lot or erect,
alter or use any building except in accordance with the
following provisions:
(i) YARD REQUIREMENTS:
A
The zone boundary of the lands designated
"SC-il" on Schedule "I" attached hereto, which
abut Highway No. 2 shall be deemed to be a front
lot line and the minimum setback of any building
or structure, except a sign, from a front lot
line shall be 14 metres;
B
All zone boundaries of the lands designated
"SC-11" on Schedule "I" attached hereto, which
abut a street other than Highway No. 2 shall be
deemed to be rear lot lines and the minimum
setback of any building or structure from a rear
lot line shall be 7.5 metres;
C
All zone boundaries of the lands designated
"SC-il" on Schedule "I" attached hereto, not
abutting a street shall be deemed to be a side
lot line and the minimum setback of any building
or structure shall be 4.5 metres.
(ii) LOT AREA (minimum):
0.5 hectares
(iii) LOT FRONTAGE (minimum):
30 metres
(iv) LOT COVERAGE (maximum):
40 percent
(v) BUILDING HEIGHT (maximum): 12 metres
(vi) OPEN STORAGE OR DISPLAY:
No open storage or
display shall be
permitted in any yard.
(vii) 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;
B
Parking shall be provided on the subject land at
a ratio of a minimum of 3.5 spaces for each 93
square metres or part thereof of gross leasable
floor area on the subject lands~
C
Sections 5.21.2a) and 5.21.2b) of By-law 3036,
as amended, shall not apply to the lands
designated "SC-il" on Schedule "I" attached
hereto;
D Notwithstanding Section 5.21.2g) of By-law 3036,
as amended, all parking areas shall be paved.
(viii) SPECIAL REGULATIONS:
A
Sales outlets are permitted uses only if
accessory to light manufacturing plants or
warehouses and providing:
(I) the gross floor area of the sales outlet
does not exceed 20% of the gross floor area
of the light manufacturing plant or
warehouse; and
(II) the sales outlet is separated from the light
manufacturing plant or warehouse, so as to
prohibit public access to the light
manufacturing plant or warehouse from the
sales outlet.
6. BY-LAW 3036
Dy-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 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
Dy-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
$£5,000 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 TIME THIS 19thDAY OF May
, 1987·
READ A THIRD TIME AND PASSED THIS 19th DAY OF
ANDER O ....
/CLERK
BRUCE J. TAYLOR
TOWN OF
PICKERtNG
APPROVED
0
2471/87
SCHEDULE "I" TO BY- LAW
PASSED THIS 19~ch
DAY OF May 1987
/~YOR (JO~N~k'i~DERSON)
#4TIO~4L