HomeMy WebLinkAboutBy-law 2568/87THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 2568/87
Being a By-law to amend Restricted Area (Zoning)
By-law 3036, as amended, to implement the Official
Plan of the Town of Rickering District Planning
Area, Region of Durham, in Part of Lot 60, and
Part of the Park Lot, Plan 509, in the Town of
Pickering. (A 54/86; OPA 87-3/P)
WHEREAS the Council of the Corporation of the Town of Pickering
deems it desirable to permit the establishment of an office
development with limited retail and personal service uses on the
subject lands, being Part of Lot 60, and Part of the Park Lot, Plan
509;
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
RICKERING 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 60, and Part of the Park Lot, Plan 509, Pickering,
designated "OC" 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)
"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~
(2)
"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;
2
"Commercial Club" shall mean an athletic, recreational or
social club operated for gain of profit and having public
or private membership;
(4)
"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;
(5)
"Dry Cleaning Depot" shall mean a building ar part of a
building used for the purpose of receiving articles, goods,
or fabrics to De subjected to dry cleaning and related
processes elsewhere, and of distributing articles, goods or
fabrics which have been subjected to any such processes;
(6)
"Financial Institution" shall mean a building or part of a
building in which money is deposited, kept, lent or
exchanged;
(7
"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
(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;
(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;
(9
"Office-Associated Commercial Establishment" shall mean an
establishment providing retail goods, equipment or wares
related to the normal operation of a business office or
professional office;
(10) "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;
(ll) "Rrivate Club" shall mean an athletic, recreational or
social club not operated for gain or profit and having
private membership;
(12) "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;
"Public Club" shall mean an athletic, recreational or
social club not operated for gain or profit and having
public membership;
(14) "Restaurant-Type B" shall mean a building or part of a
building where food is prepared and offered or kept for
retail sale to the public for immediate consumption in the
building or buildings on the premises only;
(15) (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 builOing
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;
"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
"Flanka~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 "Interior Side Yard" shall mean a side yard other than
a flankage side yard;
5. PROVISIONS
(1) Uses Permitted ("OC" Zone)
No person shall within the lands designated "OC" on
Schedule "I" attached hereto use any lot or erect, alter or
use any building or structure for any purpose except the
following:
(a) bakery
(b) business office
4
(c) commercial club
(d) commercial school
(e) dry cleaning depot
(f) financial institution
(g) office-associated commercial establishment
(h) personal service shop
(i) private club
(j) professional office
(k) public club
(1) restaurant-type B
(2) Zone Requirements ("OC" Zone)
No person shall within the lands designated "OC" on
Schedule "I" 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):
0.4 hectare
(b) LOT FRONTAGE (minimum):
40 metres
(c) FRONT YARD DEPTH (minimum):
14 metres
(d) INTERIOR SIDE YARD WIDTH
(minimum):
7.5 metres
(e) FLANKAGE SIDE YARO WIDTH
(minimum):
12 metres
(f) REAR YARD DEPTH (minimum): 12 metres
(g) BUILDING HEIGHT (maximum):
14 metres
(h) OPEN STORAGE:
no open storage shall
be permitted in any
yard
(i) PARKING REQUIREMENTS:
<i)
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 not less than
5.3 metres in length for the temporary parking
of a vehicle, but shall not include any portion
of a parking aisle or driveway;
(il)
There shall be provided and maintained on the
subject lands a minimum of:
A 5.4 parking spaces per 93 square metres
gross leasable floor area for the first 465
square metres; and
B 4.5 parking spaces per 93 square metres
gross leasable floor area for the next 465
square metres; and
5
(j)
(iii)
C
3.3 parking spaces per 93 square metres gross
leasable floor area for the next 465 square
metres; and
D
3.4 parking spaces per 93 square metres gross
leasable floor area for all floor area in excess
of 1,394 square metres; less
E l0 percent of the number of parking spaces
required under A, B, C and D, above.
Sections 5.21.2a) and 5.21.2b) of By-law 3036, as
amended, shall not apply to the lands designated
"OC" on Schedule "I" attached hereto;
(iv) Despite Section 5.21.2g) of By-law 3036, as
amended, all parking areas shall be paved.
SPECIAL REGULATIONS:
(i) The aggregate of the gross leasable floor areas of
all buildings shall not exceed 4,000 square metres;
(ii) The aggregate of the gross leasable floor areas of:
(iii)
(iv)
A all bakeries shall not exceed 170 square metres;
B all personal service shops shall not exceed 185
square metres; and
C all restaurants - type B shall not exceed 275
square metres;
The aggregate gross leasable floor areas of all
uses except business offices, professional offices,
financial institutions and commercial schools shall
not exceed 35 percent of the aggregate of the gross
leasable floor areas of all buildings;
Despite Section 2.46c)i) of By-law 3036, the
boundary of the lands on Schedule "I" attached
hereto that abuts Kingston Road shall be deemed to
be the front lot line, the boundaries of the lands
that abut Glenview Road and Valley Farm Road shall
be deemed to be the side lot lines and all other
boundaries of the lands shall be deemed to De rear
lot lines.
6. BY-LAW 3036
(1)
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.
(2) By-law 1197/80 is hereby repealed.
7. ENFORCEMENT
(i) 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 TIME THIS 21stDAY OF September , 1987.
READ A THIRD TIME AND PASSED THIS 26th DAY OF October , 1987.
CLERK
TOWN OF
/
/
/
SCHEDULE "T" TO BY-LAW- 2568/87
PASSED 'D.IIS '~6t,~ii
r~AY tlff October 1987
CLERK ( BRUCE U.~rAYLDR )
SUBJECT
PROPERTY