Loading...
HomeMy WebLinkAboutFebruary 16, 2004 Council Meeting Agenda Monday, February 16, 2004 7:30 PM (I) ADOPTION OF MINUTES Regular Meeting of February 2, 2004 (11) 1. DELEGATIONS The following delegates will address Council with respect to the Pet Shop By- law: Naji Majdalani, representing Lucky Pets, 1215 Bayly St. Matthew Froggatt, 1898 Fairport Road Liz White, representing the Animal Alliance of Canada Silia Smith, representing the World Society for the Protection of Animals Dr. Mimi Ehrlich, representing Ajax Animal Hospital 1. RESOLUTIONS To adopt the Executive Committee Report dated February 9, 2004. PAGE {IV) BY-LAWS By-law Number 6254/04 Being a by-law to amend Restricted Area (Zoning) By-law 2511, to implement the Official Plan of the City of Pickering, Region of Durham, Part of Lot 18, Range 3, B.F.C., City of Pickering. (A 22~03) By-Law Number 6255/04 Being a by-law to amend Restricted Area (Zoning) By-law 2511, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham, in Part of Lot 19, Range 3, in the City of Pickering. (A 19/03) -1- Council Meeting Agenda Monday, February 16, 2004 7:30 PM By-law Number 6287/04 Being a by-law to amend By-law 2359/87 providing for the regulating of parking, standing and stopping on highways or parts of highways under the jurisdiction of the City of Pickering and on private and municipal property. By-law Number 6288/04 Being a by-law to appoint By-law Enforcement Officers for certain purposes (Parking Regulation - 1822 Whites Road, 1100 Begley Street and 1865 Kingston Road). By-law Number 6289/04 Being a by-law to amend By-law 2632/88 providing for the erection of stop signs at certain intersections within the City of Pickering. By-law Number 6290/04 Being a by-law to amend By-law 2359/87 providing for the regulating of parking, standing and stopping on highways or parts of highways under the jurisdiction of the City of Pickering and on private and municipal property. By-law Number 6291/04 Being a by-law to amend by-law 2632/88 providing for the erection of Stop Signs. By-law Number 6292/04 Being a by-law to amend by-law 2366/87 designating Darwin Drive as a through highway. By-law Number 6293/04 Being a by-law to amend By-law 55/74 to prohibit Heavy Traffic on portion of Rosebank Road. 2 Council Meeting Agenda Monday, February 16, 2004 7:30 PM By-law Number 6294/04 Being a by-law to amend By-law 2359/87 providing for the regulating of parking, standing and stopping on highways or parts of highways under the jurisdiction of the City of Pickering and on private and municipal property. By-law Number 6295/04 Being a by-law to authorize the execution of a Transfer of Easement for storm sewer purposes from the Owner of that part of Lot 11, Registered Plan 282, Pickering, designated as Part 2, Plan 40R-22481. By-law Number 6296/04 Being a by-law to dedicate that part of Lot 11, Registered Plan 282, Pickering, designated as Part 10, Plan 40R-11206 as public highway. By-law Number 6297/04 Being a by-law to restrict the idling of vehicles. By-law Number 6298/04 Being a by-law to amend By-law 6211/03 to appoint persons to committees. By-law Number 6299/04 Being a by-law to licence and regulate pet shops and kennels in the City of Pickering. By-law Number 6300/04 Being a by-law to name highways or portion of highways within the jurisdiction of the City to which a reduced load period designation applies and to repeal By-law 6096/03. -3- Council Meeting Agenda Monday, February 16, 2004 7:30 PM (V) OTHER BUSINESS (VI) CONFIRMATION BY-LAW (VII) ADJOURNMENT -4- RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY That the Executive Committee Report dated February 9, 2004, be adopted. CARRIED: MAYOR Appendix I Executive Committee Report EC 2004-02 That the Executive Committee of the City of Pickering having met on February 9, 2004, presents its second report to Council and recommends: PLANNING & DEVELOPMENT REPORT PD 08-04 ZONING BY-LAW AMENDMENT APPLICATION A 21/03 GTA INDUSTRIAL PROPERTIES INC. 940 BROCK ROAD PART OF LOT 19, RANGE 3 That Zoning By-law Amendment Application A 21/03, be APPROVED AS REVISED, to permit additional industrial and commercial uses, except a truck depot and a waste management and transfer facility, within the existing one- storey building at 940 Brock Road, and to limit non-industrial uses to 25% of the building's floor area, on lands being Part of Lot 19, Range 3, City of Pickering, submitted by Bryce Jordan of Sernas Associates on behalf of Vern Chelin of GTA Industrial Properties Inc. That the amending zoning by-law to implement Zoning By-law Amendment Application A 21/03, as set out in draft in Appendix I to Report PD 08-04, be FORWARDED to City Council for enactment. PLANNING & DEVELOPMENT REPORT PD 09-04 ZONING BY-LAW AMENDMENT APPLICATION A 22/03 PRESIDENTIAL MANAGEMENT & DEVELOPMENT CORP. 813-821 BROCK ROAD PART OF LOT 18, RANGE 3, B.F.C. That Zoning By-law Amendment Application A 22/03, be APPROVED AS REVISED, to permit additional industrial and commercial uses, except a truck depot and a waste management and transfer facility, within the three existing buildings at 813 - 821 Brock Road, on lands being Part of Lot 18, Range3, B.F.C., City of Pickering, submitted by Bryce Jordan of Sernas Associates on behalf of Samuel Wygodny of Presidential Management & Development Corporation. That the amending zoning by-law to implement Zoning By-law Amendment Application A 22/03, as set out in draft in Appendix I to Report PD 09-04, be FOWARDED to City Council for enactment -8- THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6254/04 Being a By-law to amend Restricted Area Zoning By-law 2511, to implement the Official Plan of the City of Pickering, Region of Durham, Part of Lot 18, Range 3, B.F.C., City of Pickering. (A 22/03) WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to permit additional industrial and commercial uses within the three existing buildings on the subject lands, being Part of Lot 18, Range 3, B.F.C., City of Pickering; AND WHEREAS all amendment to By-law 2511 is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CiTY 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. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lot 18, Range 3, B.F.C., City of Pickering, designated "MC-19" 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. 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 any building or part of a building in which one or more persons are employed in the management, direction or conducting of an agency, business, brokerage, labour or fraternal . organization and shall include a telegraph office, newspaper plant and a radio or television broadcasting station and its studios or theatres, but shall not include a retail store; (3) "Club" shall mean a building or part of a building in which a not-for-profit or non-commercial organization carries out social, cultural, welfare, athletic or recreational programs for the benefit of the community; (4) (5) "Commemial Club" shall mean an athletic or recreational club opera[ed for gain or profit and having public or private membership, but shall not include an adult entertainment parlour as defined herein; "Commercial-Recreational Establishment" shall mean a commercial establishment in which indoor recreational facilities are provided, and which may include an athletic or recreational club, but shall not include any uses permissible within a place of amusement or entertainment as defined herein; -2- (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, an art school, a golf school or any other school operated for gain or profit; (7) "Dry C eanin.q Depot" shall mean a building or part of a 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 subjected to such processes; (8) "Dry Cleaninq Establishment" shall mean a building or part of a building where articles, goods or fabric are subjected to dry cleaning and related processes, are received or distributed, or where a dry cleaning plant is operated, or both, and which may include the laundering, pressing or incidental tailoring or repair of articles, goods or fabric; (9) "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 distribution to retail or institutional outlets; (10) "Gross Leasable Floor Area" shall mean the aggregate 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; (11) "Light Manufacturinq Plant" shall mean a manufacturing plant used for: the production of apparel and finished textile products other than the production of synthetic fibers; printing or duplicating; the manufacture of finished paper other than the processing of wood pulp; the production of cosmetics, drugs and other pharmaceutical supplies; or, the' manufacture of finished lumber products, light metal products, electronic products, plasticware, porcelain, earthenware, glassware or similar articles, including but not necessarily restricted to, furni,ture, housewares, toys, musical instruments, jewellery, watches, precision instruments, radios and electronic components; (12) (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 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 or block on a registered plan of subdivision; (13) (14) (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; "Manufacturing 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, repairing, ornamenting, finishing, cleaning, polishing, washing, packing, adapting for sale, breaking up or demolishing the said article; "Merchandise Service Shop" shall mean an establishment where articles or goods including, but not necessarily limited to, business machines, appliances, furniture or similar items are repaired or serviced, and includes the regular place of business of a master electrician or master plumber, but shall not include a manufacturing plant or any establishment used for the service or repair of vehicles or a retail store; (-~5) (16) (17) (18) (19) (2O) (21) (22) (23) (24) -3- "Personal Service Shop" shall mean an establishment in which a personal servica 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 section 224(9)(b) of the Municipal Act, R.S.O. 1990, as amended from time-to-time, or any successor thereto; "Place of Amusement or Entertainment" shall mean a building or part of 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, a theatre, but shall not include a room or an area used for any video lottery terminal use as governed by the Gaming Services Act, an adult entertainment parlour as defined in the Municipal Act, R.S.O. 1990, as amended from time-to-time, or any successor thereto; "Place of Assembly" shall mean a building or part of a building in which facilities are provided for civic, educational, political, recreational, religious or social meeting purposes and may include facilities for entertainment purposes such as musical and theatrical performances, but shall not include a place of amusement or entertainment as defined herein; "Place of Worship'i shall mean a building or part of a building dedicated to religious worship and may include a church, synagogue, temple or assembly hall along with accessory office space and nursery facilities, but shall not include a day nursery, day care centre or nursery school; "Printing Establishment" shall mean an establishment used for blueprinting, engraving, electro-typing, photocopying, plotting frorn disk, printing, stereotyping or typesetting; "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 padour as defined by the Municipal Act, R.S.O. 1990, c.M. 45, as amended from time-to-time, or any successor thereto; "Rental Establishment" shall mean a building or part of a building in which goods, wares, merchandise, substances, articles or things are offered or kept for offer for rent directly to the public, but does not include the rental of motor vehicles, and does not include a video store; "Restaurant - Type A" 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 on the premises or off the premises, or both on and off the premises; "Sales Outlet" shall mean a building or part of a building accessory to a bakery, a food preparation plant, a light manufacturing plant, a manufacturing plant, a merchandise service shop, a printing establishment, 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; "Scientific, Medical or Research Laboratory" shall mean a building or part of a building wherein scientific, research or medical experiments or investigations are systematically conducted, or 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; (25) (26) (27) (28) (29) -4- "Vehicle Repair Shop" shall mean an establishment containing facilities for the repair and maintenance of vehicles on the premises, in which vehicle accessories are sold and vehicle maintenance and repair operations are performed, but shall not include a body shop er any establishment engaged in the retail sale of motor vehicle fuels; "Vehicle Sales or Rental Establishment" shall mean an establishment used for the sale, service, rent or lease of vehicles and which may include as an accessory use thereto a vehicle repair shop, but shall not include any establishment engaged in the retail sale of motor vehicle fuels; "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; and '~Naste Transfer and Manaqement Facility" shall mean a building or part of a building which is used primarily for the storage, handling or processing of household, institutional, commercial or industrial waste; (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 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; (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; -5- PROVISIONS (!) Uses Permitted ("MC-19" Zone) No person shall within the lands designated "MC-19" 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; (c) club; (d) commercial club; (e) commercial-recreational establishment; (f) commercial school; (g) dry cleaning depot; (h) dry cleaning establishment; (i) food preparation plant; (j) light manufacturing plant; (k) manufacturing plant; (l) merchandise service shop; (m) personal service shop; (n) place of assembly; (o) place of amusement or entertainment; (p) place of worship; (q) printing establishment; (r) professional office; (s) rental establishment; (t) restaurant - Type A; (u) sales outlet; (v) scientific, medical or research la. boratory; (w) vehicle repair shop; (x) vehicle sales or rental establishment; (y) warehouse; (2) Zone Requirements ("MC-19" Zone) No person shall within the lands designated "MC-19" on Schedule I attached hereto, use any lot or erect, alter or use any building except in accordance with the following provisions: (a) OUTDOOR STORAGE: A Open storage shall not be permitted; (b) FRONT YARD DEPTH REQUIREMENTS 'minimum): 15 metres (c) (d) (e) SIDE YARD WIDTH REQUIREMENTS (minimum): REAR YARD DEPTH REQUIREMENTS (minimum): PARKING REQUIREMENTS (minimum): 6.5 metres 7.5 metres A B 415 spaces Sections 5.21.2 (a) and (b) of By-law 2511 shall not apply; C -6- Notwithstanding section 5.21.2 (g) of By-law 2511, all parking areas shall be surfaced with brick, asphalt or concrete, or any combination thereof; (f) BUILDING SIZE (maximum aggregate, all buildings on the lands): 23200 square metres (g) BUILDING HEIGHT (maximum): 12 metres (h) SPECIAL REGULATIONS: A A sales outlet, accessory to a permitted industrial operation, shall only be permitted provided the gross leasable area of the sales outlet does not exceed 25% of the gross leasable floor area of the related industrial operation; Notwithstanding Clause A above, a sales outlet may exceed 25% up to a maximum of 40% of the gross leasable floor area of the related industrial operation, provided the aggregate gross leasable floor area of all sales outlets in a building does not exceed 25% of the total gross leasable floor area in that building; C The aggregate gross leasable floor area of all clubs, commercial dubs, commercial schools, commercial-recreational establishments, dry cleaning depots, personal service shops, places of assembly, places of amusement or entertainment, places of worship, and restaurants - type A on the lots shall not exceed 50% of the gross leasable floor area of all buildings on the lot; D The maximum gross leasable floor area for any personal service shop, or restaurant - Type A shall be 325 square metres; E The maximum aggregate gross leasable floor area shall be: (i) for all personal service shops on the lands: 325 square metres (ii) for all restaurants- Type A on the lands: 325 square metres G Notwithstanding any other provision in this By-law, a waste transfer and management facility shall not be permitted on lands designated "MC-19" on Schedule I attached hereto; Despite Section 5 (1) (t), a restaurant - Type A shall not include a drive-thru component. -7- BY-LAW 2511 By-law 2511 is hereby 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 relevant provisions of By-law 2511. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof. BY-LAW read a first, second and third time and finally passed this __ February , 2004. __day of David Ryan, Mayor Bruce Taylor, Clerk MC-19 SCHEDULE T TO BY'LAW PASSED THIS DAY OF February 2004 6254/04 MAYOR CLERK THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to amend Restricted Area Zoning By-law 2511, to implement the Official Plan of the City of Pickering, Region of Durham, Part of Lot 19, Range 3, City of Pickering. (A 21/03) WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to permit additional industrial and commercial uses within the existing building on the subject lands, being Part of Lot 19, Range 3, City of Pickering; AND WHEREAS an amendment to By-law 2511 is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY 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 Byqaw. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lot 19, Range 3, City of Pickering, designated "MC-18" 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. 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 any building or part of a building in which one or more persons are employed in the management, direction or conducting of an agency, business, brokerage, labour or fraternal organization and shall include a telegraph office, newspaper plant and a radio or television broadcasting station and its studios or theatres, but shall not include a retail store; (3) "Club" shall mean a building or part of a building in which a not-for-profit or non-commercial organization carries out social, cultural, welfare, athletic or recreational programs for the benefit of the community; (4) "Commercial Club" shall mean an athletic or recreational club operated for gain or profit and having public or private membership, but shall not include an adult entertainment parlour as defined herein; (5) "Commercial-Recreational Establishment" shall mean a commercial establishment in which indoor recreational facilities are provided, and which may include an athletic or recreational club, but shall not include any uses permissible within a place of amusement or entertainment as defined herein; (7) (8) (9) (10) (11) (12) (13) (14) "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, an art school, a golf school or any other school operated for gain or profit; "Dry Cleanin.q Depot" shall mean a building or part of a 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 subjected to such processes; "Dry Cleanin.q Establishment" shall mean a building or part of a building where articles, goods or fabric are subjected to dry cleaning and related processes, are received or distributed, or where a dry cleaning plant is operated, or both; and which may include the laundering, pressing or incidental tailoring or repair of articles, goods or fabric; "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 distribution to retail or institutional outlets; "Gross Leasable Floor Area" shall mean the aggregate 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; "Light Manufacturing Plant" shall mean a manufacturing plant used for: the production of apparel and finished textile products other than the production of synthetic fibers; printing or duplicating; the manufacture of finished paper other than the processing of wood pulp; the production of cosmetics, drugs and other pharmaceutical supplies; or, 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; (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 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 Frontaqe" 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; "Manufacturinq 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, repairing, ornamenting, finishing, cleaning, polishing, washing, packing, adapting for sale, breaking up or demolishing the said article; "Merchandise Service Shop" shall mean an establishment where articles or goods including, but not necessarily limited to, business machines, appliances, furniture or similar items are repaired or serviced, and includes the regular place of business of a master electrician or master plumber, but shall not include a manufacturing plant or any establishment used for the service or repair of vehicles or a retail store; (15) (16) (17) (18) (19) (2O) (21) (22) (23) (24) -3- "Personal Service Shop". shall mean an establishment in which a personal ser¥ice 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 section 224(9)(b) of the Municipal Act, R.S.O. 1990, as amended from time-to-time, or any successor thereto; "Place of Amusement or Entertainment" shall mean a building or part of 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, a theatre, but shall not include a room or an .area used for any video lottery terminal use as governed by the Gaming Services Act, an adult entertainment parlour as defined in the Municipal Act, R.S.O. 1990, as amended from time-to-time, or any successor thereto; "Place of Assembly" shall mean a building or part of a building in which facilities are provided for civic, educational, political, recreational, reIigious or social meeting purposes and may include facilities for entertainment purposes such as musical and theatrical performances, but shall not include a place of amusement or entertainment as defined herein; "Place of Worship" shall mean a building or part of a building dedicated to religious worship and may include a church, synagogue, temple or assembly hall along with accessory office space and nursery facilities, but shall not include a day nursery, day care centre or nursery school; "Printinq Establishment" shall mean an establishment used for blueprinting, engraving, electro-typing, photocopying, plotting from disk, printing, stereotyping or typesetting; "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 by the Municipal Act, R.S.O. 1990, c.M. 45, as amended from time-to-time, or any successor thereto; "Rental Establishment" shall mean a building or part of a building in which goods, wares, merchandise, substances, articles or things are offered or kept for offer for rent directly to the public, but does not include the rental of motor vehicles, and does not include a video store; "Restaurant - Type A" 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 on the premises or off the premises, or both on and off the premises; "Sales Outlet" shall mean a building or part of a building accessory to a bakery, a food preparation plant, a light manufacturing plant, a manufacturing plant, a merchandise service shop, a printing establishment, 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; "Scientific, Medical or Research Laboratory" shall mean a building or part of a building wherein scientific, research or medical experiments or investigations are systematically conducted, or 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; (25) "Vehicle Repair Shop" shall mean an establishment containing facilities for the re:oair and maintenance of vehicles on the premises, in which vehicle accessories are sold and vehicle maintenance and repair operatio~qs are performed, but shall not include a body shop or any establishment engaged in the retail sale of motor vehicle fuels; (26) (27) "Vehicle Sales or Rental Establishment" shall mean an establishment used for the sale, service, rent or lease of vehicles and which may include as an accessory use thereto a vehicle repair shop, but shall not include any establishment engaged in the retail sale of motor vehicle fuels; "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; and (28) "Waste Transfer and Manaqement Facility" shall mean a building or part of a building which is used primarily for the storage, handling or processing of household, institutional, commercial or industrial waste; (29) (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 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; (0 "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.qe 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) "Flanka.qe 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 wall of the nearest main building or structure on the lot; and (J) "Interior Side Yard" shall mean a side yard other than a flankage side yard. -5- ?ROVISiON~ Uses Permitted ("MC-18" Zone) No person shall within the lands designated "MC-18" on Schedule ! 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; (c) club; (d) commercial club; (e) commercial-recreational establishment; (f) commercial school; (g) dry cleaning depot; (h) dry cleaning establishment; (i) food preparation plant; (j) light manufacturing plant; (k) manufacturing plant; (I) merchandise service shop; (m) personal service shop; (n) place of assembly; (o) place of amusement or entertainment; (p) place of worship; (q) printing establishment; (r) professional office; (s) rental establishment; (t) restaurant - Type A; (u) sales outlet; (v) scientific, medical or research laboratory; (w) vehicle repair shop; (x) vehicle sales or rental establishment; (y) warehouse; (2) Zone Requirements ("MC-18" Zone) No person shall within the lands designated "MC-18" on Schedule I attached hereto, use any lot or erect, alter or use any building except in accordance with the following provisions: (a) OUTDOOR STORAGE: A Open storage shall not be permitted; (b) FRONT YARD DEPTH REQUIREMENTS (minimum): 15 metres (c) INTERIOR SIDE YARD WIDTH REQUIREMENTS (minimum): 7.5 metres (d) FLANKAGE SIDE YARD WIDTH REQUIREMENTS (minimum): 15 metres (e) REAR YARD DEPTH REQUIREMENTS (minimum): 7.5 metres (f) PARKING REQUIREMENTS (minimum): A 140 spaces -8- Sections 5.21.2 (a) and (b) of By-law 2511 shall not apply; C Notwithstanding section 5.21.2 (g) of By-law 2511, all parking areas shall be surfaced with brick, asphalt or concrete, or any combination thereof; (g) BUILDING SIZE (maximum aggregate, all buildings on the lands): 6750 square metres (h) BUILDING HEIGHT (maximum): 12 metres (i) SPECIAL REGULATIONS: A A sales outlet, accessory to a permitted industrial operation, shall only be permitted provided the gross leasable area of the sales outlet does not exceed 25% of the gross leasable floor area of the related industrial operation; B Notwithstanding Clause A above, a sales outlet may exceed 25% up to a maximum of 40% of the gross leasable floor area of the related industrial operation, provided the aggregate gross leasable floor area of all sales outlets in a building does not exceed 25% .of the total gross leasable floor area in that building; C The aggregate gross leasable floor area of all clubs, commercial clubs, commercial schools, commercial-recreational establishments, dry cleaning depots, personal service shops, places of assembly, places of amusement or entertainment, places of worship, and restaurants - type A on the lots shall not exceed 25% of the gross leasable floor area of all buildings on the lot; D The maximum gross leasable floor area for any personal service shop, or restaurant - Type A shall be 325 square metres; E The maximum aggregate gross leasable floor area shall be: (i) for all personal service shops on the lands: 325 square metres (ii) for all restaurants - Type A on the lands: metres 325 squam Notwithstanding any other provision in this By-law, a waste transfer and management facility shall not be permitted on lands designated "MC-18" on Schedule I attached hereto; G Despite Section 5 (1) (t), a restaurant - Type A shall not include a drive-thru component. -7- BY-LAW 2511 By-law 2511 is hereby 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 relevant provisions of By-law 2511. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof. BY-LAW read a first, second and third time and finally passed this F~h r~mry , 2004. day of David Ryan, Mayor Bruce Taylor, Clerk MC-18 SCHEDULE Z TO BY-LAW_ 6255/04 PASSED THIS, DAY OF February 2004 MAYOR CLERK T;,!E CORP~.,R¢,, tON OF THE CITY OF PICKERING ? 6Y-LAW NO.6287/04 Being a By-law to amend By-law 2359/87 providing for the regulating of parking, standing and stopping on highways or parts of highways under the jurisdiction of the City of Pickering and on private and municipal property. WHEREAS, By-law 2359/87, as amended, provides for the regulating of parking, standing and stopping on highways or parts of highways under the jurisdiction of the City of Pickering and on private and municipal property; and WHEREAS, it is deemed expedient to amend By-law 2359/87 to establish "no parking" and "no stopping" zones along sections of Rougemount Drive. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: Schedule A to By-Law 2359/87, as amended, is hereby further amended by deleting the following item: Highway Side Between/And Prohibited times and days Rougemount Both Altona Road and 7:30 a.m. to 4:30 Drive 130 m east of Altona p.m. Monday to Road. Friday. Schedule A to By-Law 2359/87, adding the following item: as amended, is hereby further amended by Highway Side Between/And Prohibited times Rougemount Both Drive Altona Road and 155 m east of AItona Road. and days Note 1 Schedule B to By-Law 2359/87, as amended, is hereby further amended by adding hereto the following items: Highway Side Between / And Prohibited times Rougemount Both Kingston Road and Drive 380 m north of Kingston Road. and days Note 1 Rougemount Both 450 m north of Kingston Note 1 Drive Road and 565 m north of Kingston Road. Rougemount Both 655 m north of Kingston Note 1 Drive Road and 155 m east of Altona Road. 4. This By-Law shall come into force on the date that it is approved by the Council of The City of Pickering and when signs to the effect are erected. BY-LAW read a first, second and third time and finally passed this16 th day of February, 2004. Dave Ryan, Mayor Bruce Taylor, City Clerk THE CORPORATION OF THE CITY OF P!CKERING BY-~W NO. 6288/04 Being a by-law to appoint By-law Enforcement Officers for certain purposes (Parking Regulation - 1822 Whites Road, 1100 Begley Street and 1865 Kingston Road). WHEREAS pursuant to section 15(I) of the Police Services Act, R.S.O. 1990, c.P.15, as amended, a municipal council may appoint persons to enforce the by-laws of the municipality; and WHEREAS pursuant to section 15(2) of the said Act, municipal by-law enforcement officers are peace officers for the purpose of enforcing municipal by-laws; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: That Ryan Longstaff and Aaron Santilli be hereby appointed as municipal law enforcement officers in and for the City of Pickering in order to ascertain whether the provisions of By-law 2359/87 are obeyed and to enforce or carry into effect the said By-law and are hereby authorized to enter at all reasonable times upon lands municipally known as 1822 Whites Road, 1100 Begley Street and 1865 Kingston Road. The authority granted in section 1 hereto is specifically limited to that set out in section 1, and shall not be deemed, at any time, to exceed the authority set out in section 1. These appointments shall expire upon the persons listed in section 1 ceasing to be employees of Secudtas Canada or upon Securitas Canada ceasing to be an agent for 1822 Whites Road, 1100 Begley Street or 1865 Kingston Road, or upon whichever shall occur first. By-law 6149/03 is hereby amended by deleting Rebecca Davis. By-law 6173~03 is hereby amended by deleting Brian Diethelm. BY-LAW read a first, second and third time and finally passed this 16th day of February, 2004. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO6289/04 Being a by-law to amend by-law 2632/88 providing for the erection of stop signs at certain intersections within the City of Pickering. WHEREAS, Pursuant to section 27(1) of the Municipal Act, 2001, S.O. 2001, c.25 as amended, the Council of The Corporation of the City of Pickering may by by-law provide for the erection of stop signs at the intersections on highways under its jurisdiction. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: Stop signs shall be erected at the intersection of highways set out in column I of Schedule A attached hereto, facing the traffic bound in the directions set out in Column II of the Schedule. Schedule A to by-law 2632/88, as amended, is hereby further amended by adding thereto the following item: Column I Intersection Column II Facing Traffic Acorn Lane / Kodiak Street Carpenter Court Westbound on Acorn Lane, eastbound on Kodiak Street and southbound on Carpenter Court. BY-LAW read a first, second and third time and finally passed this ]6th day of February, 2004. Dave Ryan, Mayor Bruce Taylor, City Clerk THE CORPORATION OF THE CITY OF PICKF_RING 8Y-LAVV NO.61~90/04 Being a By-law to amend By-law 2359/87 providing for the regulating of parking, standing and stopping on highways or parts of highways under the jurisdiction of the City of Pickering and on private and municipal property. WHEREAS, By-law 2359/87, as amended, provides for the regulating of parking, standing and stopping on highways or parts of highways under the jurisdiction of the City of Pickering and on private and municipal property; and WHEREAS, it is deemed expedient to amend By-law 2359/87 to establish "no parking" and "no stopping" zones along sections of Garvolin Avenue. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: Schedule A to By-Law 2359/87, as amended, is hereby further amended by deleting the following item: Highway Side Between/And Prohibited times and days Garvolin Avenue South 25 m west of Krosno 7:30 a.m. to 4:30 Boulevard and 125 m p.m. Mondayto west of Krosno Boulevard. Friday. Schedule B to By-Law 2359/87, as amended, is hereby further amended by deleting the following item: Highway Side Between/And Prohibited times and days Garvolin Avenue North Krosno Boulevard See Note 1 and Modlin Road. Schedule A to By-Law 2359/87, as amended, is hereby further amended by adding the following item: Highway Side Between/And Prohibited times and days Gan/olin Avenue South Krosno Boulevard and 178 m west of Krosno Boulevard. 7:30 a.m. to 4:30 p.m. Monday to Friday. Gan/olin Avenue North Krosno Boulevard See Note 1 and 172 m west of Krosno Boulevard. Schedule B to By-Law 2359/87, as amended, is hereby further amended by adding hereto the following items: Hiqhwav Side Between / And Prohibited times and days Garvolin Avenue North 172 m west of Krosno See Note 1 Boulevard and Modlin Road. This By-Law shsll come into force on the date that it is approved by the Council of The City of Pickering and when signs to the effect are erected. BY-LAW read a first, second and third time and finally passed this t6 th day of February, 2004 Dave Ryan, Mayor Bruce Taylor, City Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO..-329 ~/04 Being a by-law to amend by-law 2632~88 providing for the erection of Stop Signs WHEREAS, Pursuant to section 27(1) of the Municipal Act, 2001, S.O. 2001, c.25 as amended, the Council of The Corporation of the City of Pickering may by by-law provide for the erection of stop signs at the intersections on highways under its jurisdiction. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: Stop signs shall be erected atthe intersection of highways set out in column I of Schedule A attached hereto, facing the traffic bound in the directions set out in Column II of the Schedule. 2. Schedule A to by-law 2632~88, as amended, is hereby further amended by adding thereto the following item: Column I Intersection Column II Facinq Traffic Rockwood Drive and Pine Grove Avenue Northbound on Rockwood Drive BY-LAW read a first, second and third time and finally passed this 16th day of February, 2004. Dave Ryan, Mayor Bruce Taylor, City Clerk TFE CORPORATION OF THE CITY OF PICKERING BY-LAIN N0.6292 /04 Being a by-law to amend by-law 2366~87 designating Darwin Drive as a through highway. WHEREAS, By-law 2366/87, as amended, designates certain highways within the City of Pickering as through highways; and WHEREAS, it is deemed expedient to amend By-law 2366/87 to designate Darwin Drive as a through highway; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: Schedule A to by-law 2366~87, as amended, is hereby further amended by adding the following: COLUMN I COLUMN II Highway From T__9_o Darwin Drive Finch Avenue West terminus This By-law shall come into force on the date that it is approved by the Council of the City of Pickering and when signs to the effect are erected. BY-LAW read a first, second and third time and finally passed thist6 th day Of February, 2004 Dave Ryan, Mayor Bruce Taylor, City Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO ~?.9.~ /04 Being a By-law to amend By-law 55~74 to prohibit Heavy Traffic on portion of Rosebank Road. WHEREAS, pursuant to the predecessor of the Municipal Act, R.S.O. 1990, Chap. M.45, s 210.123, the Council of The Corporation of the City of Pickering enacted By-law 55/74 for prohibiting heavy traffic on the highways; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: Schedule 2 of By-law 55~74, as amended, is hereby further amended by adding thereto the following item: Rosebank Road -f~m Kingston Road ~ Sheppa~ Avenue This By-law shall come into force on the date that it is approved by the Council of the City of Picketing and when signs to the effect are erected. BY-LAW read a first, second and third time and finally passed this 16 day of February 2004. Dave Ryan, Mayor Bruce Taylor, City Clerk T';-~E CORPORATION OF THE CITY OF ?ICKERING BY-LAW NO.6294_/04 Being a By-law to amend Byqaw 2359/87 providing for the regulating of parking, standing and stopping on highways or parts of highways under the jurisdiction of the City of Pickering and on private and municipal property. WHEREAS, By-law 2359/87, as amended, provides for the regulating of parking, standing and stopping on highways or parts of highways under the jurisdiction of the City of Pickering and on private and municipal property; and WHEREAS, it is deemed expedient to amend By-law 2359/87 to establish a "no parking" zone along a section of Fieldlight Boulevard north of Glenanna Road and south of Brands court and along both sides of Brands Court east of Fieldlight Boulevard. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: Schedule B to By-law 2359~87, as amended, is hereby further amended by deleting the following item: Highway Side Between/And Prohibited times Fieldlight East Boulevard Fieldlight West Boulevard and days Glenanna Road and 53m See note 1 north of Glenanna Road Glenanna Road and 53m See note 1 north of Glenanna Road Schedule B to By-law 2359/87, as amended, is hereby further amended by adding hereto the following items: Highway Side Between / And Prohibited times Fieldlight Both Boulevard Glenanna Road and 63m north of Glenanna Road and days See note 1 Brands Both Fieldlight Boulevard and See note 1 Court 20m east of Fieldlight Boulevard This By-law shall come into force on the date that it is approved by the Council of The City of Pickering and when signs to the effect are erected. BY-LAW read a first, second and third time and finally passed this 16 Y~bruary, 2004. th day of Dave Ryan, Mayor Bruce Taylor, City Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6:295/04 Being a By-law to authorize the execution of a Transfer of Easement for storm sewer purposes from the Owner of that part of Lot 11, Registered Plan 282, Pickering, designated as Part 2, Plan 40R-22481. WHEREAS pursuant to Land Division Committee Application LD 127/03, the Owner is required to grant an easement in favour of the City over that part of Lot 11, Registered Plan 282, Pickering, designated as Part 2, Plan 40R-22481; and WHEREAS pursuant to the Municipal Act, R.S.O~ 1990, chapter M.45, the Council of the City may pass By-laws for acquiring or disposing of interests in lands. NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a Transfer of Easement in a form satisfactory to the Solicitor for the City over that part of Lot 11, Registered Plan 282, Pickering, designated as Part 2, Plan 40R-22481. BY-LAW read a first, second and third time and finally passed this 16th day of February, 2004. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. R~fm/n4 Being a By-law to dedicate that part of Lot 11, Registered Plan 282, Pickering, designated as Part 10, Plan 40R-11206 as public highway. WHEREAS The Corporation of the City of Pickering is the owner of that part of Lot 11, Registered Plan 282, Pickering, designated as Part 10, Plan 40R-11206 and wishes to dedicate it as public highway, NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: That part of Lot 11, Registered Plan 282, Pickering, designated as Part 10, Plan 40R-11206 is hereby dedicated as public highway (Oakburn Street). BY-LAW read a first, second and third time and finally passed this 16th day of February, 2004. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CiTY OF PICKER~NG '~Y-LAW NO. 6297/04 Being a by-law torestdct the idling of vehicles. WHEREAS pursuant to Section 130 the Municipal Act, 2001, S.C. 2001, c.25, as amended, a municipality may regulate matters not specifically provided for by this Act or any other Act for purposes related to the health, safety and well-being of the inhabitants of the municipality; and WHEREAS vehicles are sources of nitrogen oxides, carbon monoxide, sulphur dioxides and volatile organic compounds in the outdoor air of the City of Picketing; and WHEREAS the levels of air pollutants in the City of Picketing are associated with adverse health effects, including deleterious effects on respiratory health; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. In this by-law, a) b) d) e) f) "idle" means the operation of the engine of a vehicle while the vehicle is not in motion and not being used to operate auxiliary equipment that is essential to the basic function of the vehicle and "idling" has a corresponding meaning. "layover" means stopping at a point along a transit route for a maximum of fifteen (15) minutes to allow a transit vehicle to adjust to service schedules. "mobile workshop" means a vehicle containing equipment that must be operated inside or in association with the vehicle; or ii) a vehicle serving as a facility for taking measurements or making observations or conducting maintenance or construction operated by or on behalf of a municipality, public utility or police, fire or emergency service. "stopover" means a scheduled delay of a maximum of fifteen (15) minutes at a transit vehicle terminal to allow transit vehicles to adjust service schedules. "transit vehicle" means ^jax/Pickering Transit Authority vehicles, paretransit vehicles, tour buses and motor coaches. "vehicle" means a motor vehicle, trailer, traction engine, farm tractor, or road building machine as defined in the Highway Traffic Act, and any vehicle drawn, propelled or ddven by any kind of non-muscular power but does not include cars or electric or diesel electdc railways running exclusively upon rails. No person shall cause or permit a vehicle to idle for more than five (5) consecutive minutes. Section 2 does not apply to: police, fire, or ambulance vehicles while angaged in operaticnai activities, including training activities except where idling is substantially for the convenience of the operator of the vehicle; b) c) vehicles assisting in an emergency activity; mobile workshops while they are in the course of being used for their basic function; d) e) vehicles where the idling is required as part of a repair process or to prepare a vehicle for servicing; armoured vehicles where a person remains inside the vehicle while guarding the contents of the vehicle or while the vehicle is being loaded or unloaded; f) vehicles that remain motionless because of an emergency, traffic or weather conditions or mechanical difficulties over which the driver has no control; g) vehicles engaged in a parade or race or any other such authorized event; h) transit and passenger vehicles while passengers are embarking or disembarking en route or at terminals; transit vehicles while at a layover or stopover location, except where idling is required to maintain a comfortable environment for passengers; vehicles transporting a person where a medical doctor certifies in writing that for medical reasons, the person requires the temperature or humidity be maintained within a certain range; This by-law shall be administered an enforced by a Municipal Law Enforcement Officer of the City of Picketing or an Officer of the Durham Region Police Service. 5~ Any person who contravenes any provision of this by-law is, upon conviction, guilty of an offence and is liable to any penalty as provided in the Provincial Offences Act. BY-LAW read a first, second and third time and finally passed this 16th day of February, 2004. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF ~IC~E~ING BY-LAW NOt~298/04 Being a by-law to amend By-law 6211/03 to appoint persons to committees. WHEREAS the Council of the Corporation of the City of Pickering enacted By-law Number 6211/03 on December 8, 2004 to appoint persons to committees; and WHEREAS two applications for appointment to the Accessibility Advisory Committee have been received from two persons; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. That Section 1 of By-law Number 6211/03, respecting appointments to the Accessibility Advisory Committee, be amended by adding thereto the following: 7. Lisa Eisen 8. Catherine Smiglicki BY-LAW read a first, second and third time and finally passed this 16th day of February, 2004. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE C:TY OF PICKERING BY-LAW NO. 6~.~9/o4 Being a by-law to licence and regulate pet shops and kennels in the City of Pickering. WHEREAS pursuant to Section 150(1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, a local municipality may licence, regulate and govern any business wholly or partly carried on within the municipality even if the business is being carried on from a location outside the municipality; and WHEREAS regulations are required to ensure that the health and safety of animats kept or sold in pet shops or kennels is maintained and that consumers are protected from being sold animals that are diseased; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: In this a) b) c) d) Definitions By-law, "animal" includes all mammals, fish, reptiles or birds, intended as pets. "City" means the Corporation of the City of Pickering. "Council" means the Council of the Corporation of the City of Picketing. "kennel" means every shop, place or premise where dogs or cats are regularly boarded, or where dogs or cats are sold, offered for sale, or let for hire for breeding purposes or which are raised on the premises or kept at other facilities under contractual arrangements. e) "Municipal Clerk" means the Municipal Clerk for the Corporation of the City of Pickering. f) ~person" includes a natural individual, a corporation, association or partnership. g) "pet shop" means every shop, place or premise, where, in the calendar year, more than three (3) animals for use as pets are sold or kept for sale. Licence Required - Offence No person shall conduct any business in or upon any premises or part thereof, or carry on any trade or calling in the City of Pickering for which a licence is required under Section 3 hereof unless they hold a licence issued therefore by the City and has paid the licence fee therefore, required by this By-law, in accordance with Schedule "A" attached hereto. Licence Required - Pet Shop/Kennel A licence shall be obtained by every person who carries on the business of a pet shop or kennel within the limits of the City of Picketing. Licorice Exemptions No licorice shall be requirea 'for the following operations: a) b) c) d) e) an animal shelter operated by or on behalf of a public authority; an animal shelter operated by a recognized animal rescue organization or other organization dedicated to the rights of animals; a veterinary hospital or clinic; a publicly funded educational institute; any facility in which animals are placed for care pursuant to the Pounds Act. Application - Time For Applications for the issuance or renewal of a Iicence for a pet shop or kennel for any given year must be received by the Municipal Clerk, in the form prescribed by the Municipal Clerk, on or before the 31st day of December for the next ensuing licence and calendar year. Licence- Must Comply With Zoning No licence shall be issued for a pet shop or kennel on premises where the City's Zoning By-laws do not permit the use of those premises for such purposes. 4 Licence- Display Each pet shop/kennel licence, when issued, shall be posted in a conspicuous place on the premises so licenced. Licence- Requirements No person shall be entitled to obtain a licence where: a) the past conduct of the applicant or licencee affords reasonable grounds for the belief that the applicant or licencee will not carry on the activity for which the applicant is licenced or to be licenced, in accordance with law; b) the issuance of the Iicence or renewal of the Iicence would be contrary to the public interest; c) the applicant or licencee is carrying on activities that are, or will be, if the applicant is licenced, in contravention of this By-law; d) there are reasonable grounds for belief that the premises, accommodation, equipment or facilities in 'respect of which the licence is required do not comply with the provisions of this By-law or other applicable law; or e) if the applicant or licencee is a corporation, the past conduct of the officers or directors affords reasonable grounds for the belief that the applicant or ~icencee will not carry on the activity for which the applicant is to be licenced in accordance with law. the applicant is serving a sentence imposed as a result of a conviction of a crime against animals. Licence Revocation A iicenca granted pursuant tc this ~3y-law may Be revoked where the ~icenc~e does not comply with the provisions of this By-!aw or where such licence has been issued through error or where the licencee has been convicted of a cdme against animals. 10. Licence Suspension Where any licencee is convicted of an offence under this By-law, the licence shall be suspended forthwith and shall not be reinstated until the Municipal Clerk or his/her designate or a Provincial Offences Officer certifies in writing that the conditions resulting in the conviction have been remedied and that the premises and its proposed operation comply with this By-law. 11. Licence - Expiration Licences issued under the provisions of this By-law, unless otherwise expressed to be granted for a shorter pedod, shall expire on December 31st of the year for which they have been issued. 12. Licence - Non-transferable No licence issued pursuant to this By-law is assignable or transferable. 13. Licence - Partnership Persons associated in a partnership applying for a licence under this By-law shall file with their application a statutory declaration in writing, signed by all members of the partnership, which declaration shall state: (a) the full name of every partner and address of his, her or its ordinary residence; (b) the name or names under which they carry on or intend to carry on business; (c) that the persons therein named are the only members of the partnership, and (d) the mailing address of the partnership. 14. Licence - Corporation Every corporation applying for a licence shall file with their application a copy of its articles of incorporation or other incorporating document and shall file a statutory declaration, in writing, signed by an officer of the corporation, which declaration shall state: a) the full name of every officer, director and shareholder and the address of each officer's, director's and shareholder's ordinary residence; the name or names under which it carries on or intends to carry on business; c) that the persons therein named are the only officers, directors and shareholders of the corporation; and the maiiing address for the corporation. ~earing (a) Where the Municipal Clerk believes that the applicant or licencee would be disentitled to a licence or a renewal thereof for any of the reasons set out in this By-law, the Municipal Clerk shall not issue the licence and the Municipal Clerk shall recommend to Council that Council refuse to issue or refuse to renew the licence, or that Council suspend or revoke the licence, or recommend that a licence be issued subject to terms and conditions. (b Before Council refuses to issue or refuses to renew a licence, or revokes or suspends or cancels a licence, a written notice advising the applicant or licencee of the recommendation being made by the Municipal Clerk to Council with respect to the licence shall be given to the applicant or licencee by the Municipal Clerk. (c) The written notice to be given hereunder shall: i) set out the grounds for the recommendation; ii) give reasonable particulars of the grounds; (d) iii) be signed by the Municipal Clerk; and iv) inform the applicant or licencee that they are entitled to a headng before the Council, if they deliver, within seven (7) days after the date of service of the written notice, or the date of personal service of the wdtten notice, whichever is later, a written request for a hearing before the Council. On receipt of a written request for a hearing from an applicant or licencee, the Municipal Clerk shall advise Council and request Council to convene a meeting and shall give the applicant or licencee reasonable written notice thereof. (e) The applicant or licencee shall have the right to make submissions in support of an application or renewal or retention of a licence at such hearing and when the applicant or licencee who has been given written notice of the headng, does not attend at the proper time and place, the Council may proceed with the hearing in the applicant's or licencee's absence and the applicant or licencee shall not be entitled to any further notice of the proceedings. (f) At the conclusion of the headng the Municipal Clerk shall, as soon as practicable, prepare a written report on the headng, which shall summarize the evidence and the arguments presented by the parties to the headng, set out the findings of fact and the decisions made by the Council and set out the reason for the decision. (g) If the applicant or licencee signifies that he is prepared to ,accept conditions upon the licence and to make no objection to such conditions, Council may grant a licence or the renewal of a licence upon such conditions as the Council consider appropriate. inspections of Premises The Municipal Clerk or his/her designate or a Provincial Offences Officer may, at any reasonable time, inspect the premises of the owner or operator of a pet shop or kennel and the equipment and other personal property used or kept for hire in the carrying on of the business. 17, Regulations - Pet Shops No owner or operator of a pet shop shall keep or sell any animal prohibited by any by-law of the City of Pickering. 18. Every owner of a pet shop shall comply with and ensure compliance with the following requirements in the operation of the pet shop: a) the pet shop shall be maintained at all times in a sanitary, well-ventilated, clean condition, and free from offensive odours; b) every animal shall be kept in sanitary, well-bedded, well-lighted, clean quarters, kept at a temperature appropriate for the health requirements of the type of species of animal housed therein; c) all cages, tanks, containers or other enclosures in which animals are housed on the premises shall be located in such a way as to provide maximum comfort to satisfy the known and established needs for the particular species so housed and shall be provided with safeguards to prevent extreme environmental changes and to prevent undue direct physical contact with such animals by the general public; d) where the quarters used for the housing of any animal form part of or are physically attached to a building used for human habitation or to which the public have access, such quarters shall have a concrete or other impermeable floor with a drain opening hooked to a sanitary system, and such floor shall be thoroughly cleaned and washed with water at least once each day, or more often than once if necessary to keep the said floor clean; e) every cage or other container used for the keeping or housing of any animal shall: be of adequate size to permit any such animal or bird to stand normally to its full height, to turn around, and to lie down in a fully extended position; ii) in the case of all other cages or containers, have a floor of either solid or wire mesh construction where the wire mesh is covered with a thick plastic cover for ease of cleaning and is comfortable for the animals, provided that: all spaces in wire mesh shall be smaller than the pads of the foot of any animal confined therein; B) any such wire mesh shall be of a thickness and design adequate to prevent injury to any such animal; and c) such floor shall be of sufficient strength to support the weight of any such animal. iii) be equipped with receptacles of stainless steel construction for food and for water, so mounted or situated that they cannot be easily overturned or contaminated. 19. water shall be provided daily to every animal in sufficient quantity to maintain at all times a potable supply available to such bird or animal; animats shall be fed periodically each day in accordance with the particular food requirements of each type or species of animal kept in the said pet shop; h) light in the premises shall be appropriate for the species kept there; each cage containing birds shall be of sufficient size and dimension to enable all birds to have sufficient perch space to permit full extension of their wings in every direction and perching matedal of different sizes and textures to prevent foot damage. The owner of the pet shop shall ensure that all persons responsible for the care, feeding or cleaning of animals are adequately instructed and supervised in the handling and care of all such animals. 20. No owner of a pet shop shall: 21. 22. 23. a) keep the stock of animals in crowded quarters or cages; b) sell any diseased animal; i) any one of the following inflictions shall render an animal unfit for sale or release: A) incubating or suffering from any infectious desease; B) C) nutritional deficiencies, including dckets or emaciation; internal or external parasites; D) fractures or congenital abnormalities affecting the general health of the animal. ii) display any animal in a shop or display window that causes uncomfortable living conditions. Every owner of a pet shop shall ensure that any animal indicating signs of sickness or disease is examined and appropriately treated within twenty-four (24) hours of the onset of illness, by a veterinarian, and that such animal is kept in a quarantine area, separate from all other animals until such illness has been cured. Where a veterinarian has identified that an animal is carrying an infectious disease as set out in Section 20(b)(i)(A), the owner shall notify the purchasers of animals from the said pet shop dudng the time the sick animal was kept at the pet shop. No owner of a pet shop shall sell, permit to be sold, offer for sale or give away, a) any dog under the age of eight (8) weeks. b) any cat under the age of six (6) weeks. c) with respect to species other than dogs or cats, in accordance with the requirements of each species. incompatible animals of different species Shall not be confined or displayed in the same cage. 25. 26. 27. Whenever an owner of a pet ~hop seils or otherwise aisposes of ~ dog or c~t, the~ shall give to the purchaser a receipt showing the name and address of the vendor and the purchaser, 'the date of the sale, '~he sale price, aha the ~reed or cross-breed, sex, age and description including colour and placing of markings, if any, of the dog or cat. a) Every owner of a pet shop shall keep a register in which shall be entered a record of each animal, excluding fish, purchased or otherwise obtained. Each entry shall be made at the time each animal comes into such owner's possession, and shall include, in addition to the date of purchase, a full description of the animal, any treatment by a veterinarian as set out in Section 21 of this By-law, together with the name, address and description of the person from whom it was purchased or otherwise obtained. b) Every owner of a pet shop shall ensure that the aforesaid register is not mutilated or destroyed and shall keep it open to inspection by the Licence Issuer at all times during business hours and shall make it available to be removed at any time for inspection or for use in the Courts, if necessary. The owner shall not be responsible for neglecting to make the necessary entdes in the said register while it is removed from the premises for this reason. c) The Owner shall provide a copy of such register to the City of Picketing quarterly and shall retain the register in respect of each such transaction for the pedod of twelve (12) months thereafter. An owner shall ensure that whenever they are absent from the pet shop or from the part of the premises used for the keep or housing of animals, there is an attendant in charge of and responsible for the care and safe keeping of their pet stock. No owner of a pet shop shall sell or permit the sale of any chick, duckling, live poultry, or other livestock. 28. Regulations - Kennels No kennel shall be constructed or used except with the following provisions: a) No kennel or part thereof shall be used for human habitation or human sleeping purposes nor shall any kennel or part thereof be structurally connected with a dwelling; b) The construction of any kennel shall conform to the requirements of the Ontario Building Code; No kennel shall be used unless the following standards are met: i) DOGS Dogs shall be housed in individual enclosures except in the case of puppies less than 6 months of age with or without the bitch. 8) Each enclosure shall be large enough to permit any dog enclosed therein to move freely and in particular shall be maintained at a minimum of 15 degrees Celsius. c) Floors shall be of dense concrete or similar light material and shall be adequately sloped to drains. D) Walls shall be non-porous, watertight and easily cleaned. F) Where floors are on grade, suitable bedding shall be provided in the form of a raised wood, fibreglass or similar platform, large enough for the dog to lie on. Outside exercise facilities shall be provided which shall be fenced in such a manner as to keep the dogs securely enclosed. Each dog shall be placed in such facilities at least twice in every 24-hour period for not less than 30 minutes each period. The outdoor exercise facility shall be disinfected between use by each animal. No dog shall be placed in such facility in inclement weather. ii) CATS (A) Cats shall be housed in individual enclosures except in the case of kittens less than 3 months of age with or without the mother cat. (B) Each enclosure for an adult cat shall not be less than 0.67 metres x 0.67 metres x 0.67 metres and in the case of a cat with a litter, not less than 0.75 metres x 0.75 metres x 0.67 metres high. (C) Inside temperature shall be maintained at 15 degrees Celsius. (D) Cages or enclosures shall be constructed of a non-porous watertight material with a smooth finish that can be easily cleaned. 29. No kennel shall contain greater numbers of cats or dogs or both than may, in the opinion of the Municipal Law Enforcement Officer, be housed, fed or otherwise cared for without overcrowding, unnecessary discomfort and risk of injury or disease to the cats and dogs therein. 30. Every kennel operator shall maintain the kennel in a clean and sanitary condition at all times. In particular the kennel operator shall see to it that all excrement, refuse and other objectionable material is removed from the cages and kennel area at least once in every 24 hour period including weekends and from the premises once per week for garbage collection. The animals shall be removed from the cages and kennel area while it is being cleaned. 31. Every kennel operator shall ensure that all dogs and cats are provided with an adequate source of clean, fresh drinking water available to them at all times. 32. Every kennel operator shall ensure that competent and experienced kennel staff or attendants as may be necessary are on duty for a minimum of eight hours in every twenty-four (24) hour pedod including weekends. 33. Every kennel operator shall ensure that any dog or cat that appears to be suffedng from any disease or other ailment or injury shall, within reason, be given care and attention from a veterinarian. 34. Every kennel operator shall at all times take all reasonable steps to prevent a nuisance by undue noise caused by the barking dogs housed within their kennels. 35. Every kennel operator shall record the following: a) The names and addresses of the owners of all dogs or cats cared for at the kennels. b) The dates of ardvai at and departure of alt dogs and cats. 36. The ~oilowing i3rcvisions shall sppiy to ever,./~(ennel: a) Where a kennel or part thereof is structurally connected with a dwelling the kennel operator shall comply with the following provisions. (i) A separate entrance shall be provided for the premises occupied by the kennel. (ii) A partition wall shall completely separate the dwelling from the kennel in order to eliminate any direct access from the dwelling to the kennel. (iii) Such partition wall must be constructed in order to eliminate odour, dust and other objectionable materials travelling from the kennel into the dwelling. b) Where a kennel or part thereof is being used for human habitation of human sleeping purposes, the kennel operator shall comply with the following provisions: (i) A separate entrance shall be provided for the premises being used for human habitation or human sleeping purposes. (ii) Partition walls must be constructed in order to completely isolate the kennel from the areas being used for human habitation or human sleeping purposes. Such partition walls must be constructed in order to eliminate odour, dust and other objectionable materials travelling from the kennel into the areas being used for human habitation or human sleeping purposes. 37. Penalties Any person who contravenes any provision of this By-law is guilty of an offence and upon conviction is liable to a fine or penalty for each offence, exclusive of ' costs, as prescribed by the Provincial Offences Act. 38. Repeal of Inconsistent By-laws By-law 3908/70 is hereby repealed, BY-LAW read a first, second and third time and finally Passed this 16th day of February, 2004. David Ryan, Mayor Bruce Taylor, Clerk SCHEDULE "A' LICENCE ~=EE SCHEDULE Original Licence $100.00 Annual Renewal $50.00 T:-~E COR?3 RA¥iON OF THE~:~ ...... [' C:.F ,~. ~,,,,.,._:~. ..... ~.,1,¥¢,,.~ NO. 6300/04 Being a byqaw to name highways or portion of highways within the jurisdiction of the City to which a reduced load period designation applies and to repeal By-law 6096/03. WHEREAS pursuant to the Highway Traffic Act, R.S.O. 1990 chapter 11.8 section 122(7), or a predecessor thereof, the Council of the Corporation of the City of Pickering enacted By-law 4399/94 designating the date on which a reduced load period shall start or end and the highway or portion thereof under its jurisdiction to which the designation applies. AND WHEREAS, new streets have been created which require the designation of a reduced load period; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: For the purpose of subsections (1), (2) and (3) of section 122 of the Highway Traffic Act, R.S.O. 1990, Chap. 11.8 the reduced load period shall be that period commencing on March 1st of each year and ending on April 30th, both inclusive, of each year. The highways to which the reduced load period designation applies shall be those highways or portions thereof as set out in Schedule A attached hereto. By-law 6096/03 is repealed. BY-LAW read a first, second and third time and finally passed this 16th day of February, 2004. Dave Ryan, Mayor Bruce Taylor, Clerk