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HomeMy WebLinkAboutBy-law 2498/87THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 2498/87 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the Pickering District Planning Area, Region of Durham, in Part of Lots 25 and 26, Concession 1, and Part of Lots 25 and 26, Range 3, Broken Front Concession, in the Town of Pickering. (A 28/87) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the development of a local central area comprising various commercial establishments, and offices on Part of Lots 25 and 26, Concession l, and Rart of Lots 25 and 26, 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 shown thereon is hereby declared to be part of and references this By-law. 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Lots 25 and 26, Concession l, and Lots 25 and 26, Range 3, Broken Front Concession, Rickering, designated "LCA-6", "SC-12" and "SC-13" 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 8y-law. 4. DEFINITIONS In this By-law, (1) "Assembly Hall" shall mean a building or part of a building in which facilities are provided for purposes such as civic, educational, political, religious or social meetings and which may include an auditorium or a banquet hall; (2) ."Bakery" shall mean a building or part of a building in which food products are baked, prepared and offered for retail sale, or in which food products baked and prepared elsewhere are offered for retail sale; (3) "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 (4) "Commercial Club" shall mean an athletic, recreational or social club operated for gain or profit and having public or private membership; (5) "Commercial-Recreational Establishment" shall mean a commercial establishment in which indoor recreational facilities such as bowling alleys, miniature golf courses, roller skating rinks, squash courts, swimming pools and other similar indoor recreation 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; (6) "Commercial School" shall mean a school which is operated 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 but shall not include any other school defined herein; (7) "Day Nursery" shall mean lands and premises duly licenced pursuant to the provisions of The Day Nurseries Act, or any successor thereto, and for the use as a facility for the daytime care of children; (8) "Dry Cleanin~ Depot" shall mean a building or part of building used for the purpose of receiving articles, goods, or fabrics to be subjected to dry cleaning and related processes elsewhere, and of distributing articles, goods or fabrics which have been subject to any such processes; (9 "Financial Institution" 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; (10 "Food Store" shall mean a building or part of a building in which food, produce and other items or merchandise of day-to-day household necessity are stored, offered and kept for retail sale to the public; (11 "Games Arcade" shall mean a building, room or area in which are offered facilities for the play of: (a) three or more games of chance; (b) three or more games of mixed chance and skill, or (c) a combination of three or more games of chance and games of mixed chance and skill; for the amusement of the public, which games are not contrary to the Criminal Code of Canada, but does not include premises in which the only amusement facilities offered are pool tables, billiard tables or bowling alleys; (12 "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; (13 "Laundromat" shall mean a self-serve clothes establishment containing washing, drying, finishiRg or other incideRtal equipment; washing ironing, (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 lot area covered by all buildings on the lot; (15) "Personal Service Shop" shall mean an establishment in which a personal service is performed and which may include a barber shop, a beauty salon, a shoe repair shop, a tailor or dressmaking shop or a photographic studio, 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; (16) "Place of Amusement or Entertainment" shall mean 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; (17) "Private Club" shall mean an athletic, recreational or social club not operated for gain or profit and having private membership; (18) "Private Non-Residential School" shall mean a school which is maintained for educational or religious purposes but shall not include any other school defined herein; (19) "Private Residential School" shall mean a school which is maintained for educational or religious purposes and which includes accessory residential facilities but shall not include any other school defined herein; (20) "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, Put 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; (21) "Public Club" shall mean an athletic, recreational or social club not operated for gain or profit and having public membership; (22) "Public School" shall mean, (a) a school under the jurisdiction of a board of education which board is established pursuant to The Education Act, 1974, or any successor thereto; (b) a college of applied arts and technology established pursuant to The Ministry of Colleges and Universities Act, 1971, or any successor thereto; (c) a university eligible to receive provincial funding from the Minister of Colleges and Universities, pursuant to The Universities Act, 1971, or any successor thereto; (23) "Restaurant-Type A" shall mean a bpilding or p~rt ,oR a buiLOlng Where fooa is prepared aha offered or Kept retail sale to the public for immediate consumption on the premises or off the premises, or both on and off the premises; 4 (24) (25) "Retail Store" shall mean a building or part of a building in which goods, wares, merchandise, substances, articles or things are stored, kept and offered for retail sale to the public; (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 ("LCA-6" Zone) No person shall within the lands designated "LCA-6" on Schedule "I" attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (i) assembly hall (ii) bakery (iii) business office (iv) commercial club 5 (V (vi (vii (viii (ix (x (xi (xii (xiii (xiv) (xv) (xvi) (xvii) (xviii) commercial-recreational establishment commercial school day nursery dry cleaning depot financial institution food store laundromat place of amusement or entertainment personal service shop private club professional office public club restaurant-type A retail store (b) Zone Requirements ("LCA-6" Zone) No person shall within the lands designated on Schedule "I" attached hereto, use any erect, alter or use any building or structure in accordance with the following provisions: "LCA-6" lot or except (i) FRONT YARD DEPTH Highway No. 2, be 14 metres (minimum : the minimum 4.5 metres, except if such yard abuts front yard depth shall (ii) INTERIOR SIDE YARD WIDTH (minimum): 3.5 metres (iii) FLANKAGE SIDE YARD WIDTH (minimum): Highway No. 2, the minimum shall be 14 metres 3.5 metres, except if such yard abuts flankage side yard width (iv) REAR YARD DEPTH Highway No. 2, 14 metres (minimum): the minimum 7.5 metres, except if such yard abuts rear yard depth shall be (v) LOT COVERAGE (maximum): 33 percent (vi) BUILDING HEIGHT (maximum): 10 metres (vii) GROSS LEASABLE FLOOR AREA (maximum): 3500 square metres (viii) OPEN STORAGE: no open storage shall be permitted in any yard (ix) PARKING REQUIREMENTS: A 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; B There shall be provided and maintained on the lot a minimum 5 parking spaces for each 93 square metres gross leasable floor area; C Sections 5.21.2a) and 5.21.2b) of By-law 3036, as amended, shall not apply to the lands designated "LCA-6" 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 comOina- tion thereof. (2) (a) Uses Permitted ("50-12" Zone) NO person shall within the lands designated "SC-12" 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) professional office (b) Zone Requirements ("SC-12" Zone) No person shall with the lands designated "50-12" on Schedule "I" attached hereto, use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (i) FRONT YARD DEPTH (minimum): 4.5 metres, except if such yard abuts Highway No. 2, the minimum front yard depth shall be 14 metres (ii) INTERIOR SIDE YARD WIDTH (minimum): 3.5 metres (iii) FLANKAGE SIDE YARD WIDTH (minimum): 3.5 metres, except if such yard abuts Highway No. 2 the minimum flankage side yard width shall be 14 metres (iv) REAR YARD DEPTH (minimum): 7.5 metres, except if such yard abuts Highway No. 2, the minimum rear yard depth shall be 14 metres (v) LOT COVERAGE (maximum): 33 percent (vi) BUILDING HEIGHT (maximum): 10 metres (vii) GROSS LEASABLE FLOOR AREA (maximum): 1400 square metres (viii) OPEN STORAGE: no open storage shall be permitted in any yard (ix) PARKING REQUIREMENTS: 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; 7 B 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 spaces per 100 square metres floor area for all remaining gross leasable floor area; C Sections 5.21.2a) and 5.21.2b) of By-law 3036, as amended, shall not apply to the lands designated "SC-12" 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 combination thereof. (3) (a) Uses Permitted ("SC-13" Zone) No person shall within the lands designated "SC-13" 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) professional office (iii) public parking for uses permitted "LCA-6" zone designated on Schedule "I" within the hereto (b) Zone Requirements ("50-13" Zone) No person shall with the lands designated "SC-13" on Schedule "I" attached hereto, use any lot or erect, alter or use any building or structure except in accordanoe with the following provisions: (i) FRONT YARD DEPTH (minimum): 4.5 metres, except if such yard abuts Highway No. 2, the minimum front yard depth shall be 14 metres (ii) INTERIOR SIDE YARD WIDTH (minimum): 3.5 metres (iii) FLANKAGE SIDE YARD WIDTH (minimum): Highway No. 2 the minimum shall be 14 metres 3.5 metres, except if such yard abuts flankage side yard width (iv) REAR YARD DEPTH (minimum): 7.5 metres, except if such yard abuts Highway No. 2, the minimum rear yard depth shall be 14 metres (v) LOT COVERAGE (maximum): 33 percent (vi) BUILDING HEIGHT (maximum): 10 metres (vii) GROSS LEASABLE FLOOR AREA (maximum): 1400 square metres (viii) OPEN STORAGE: no open storage shall be permitted in any yard (ix) PARKING RE~UIREMENTS~ A 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; There shall be provided and maintained on the lot a minimum 4.5 parking spaces per 100 square metres floor area for the first 1,O00 square metres gross leasable 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-13" on Schedule "I" attached hereto; D All parking areas shall be set back a minimum of 3.0 metres from all road allowances; 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 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 (l) 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). 9 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 15th DAY OF R~AD A THIRD TIME AND RASSED THIS 15th DAY OF B. 3. TAYLOR~/ CLERK June , 1987. June , 1987. TOWN OF PICKERING APPROVED AS TO FORM LEGAL D£PT CANADIAN NATIONAL LCA',. 6 , LOT H ~.0~ ' SC · 12 0~.,0 SCHEDULE "I"TO BY-LAW 2498/87 PASSED THIS 15th DAY OF J~-~e 1987 HIGHWAY ~ NO. SUBJECT