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HomeMy WebLinkAboutBy-law 2760/88 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 2760/88 Being a By-law to amend Restricted Area (Zoning) By-law 2.511, as amended, to implement the Official Plan of the Town of Picketing District Planning Area, Region ol Durham, in Part of Lot 19, Concession 1, in the Town of Picketing. (A #6/$7; OPA 87-#8/P) WHEREAS the Council of the Corporation of the Town of Picketing deems it desirable to permit the development of certain industrial and commercial uses on Part of Lot 19, Concession 1, in the Town of Pickering; AND WHEREAS an amendment to By-law 2511, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULES I AND II Schedule I and Il 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 19, Concession 1, Picketing, designated "MC-7" on Schedule I attached hereto. 3. GENERAL PROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. /4. DEFINITIONS In this By-law, (1) "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) "Body Shop" shall mean an establishment engaged in repairing or painting vehicle bodies; (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; "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) "Dry Cleaning Depot" shall mean a building or part ota 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 any such processes; -2 - (7) "Dry Cleaning Establishment" shall mean a building or part of a building used for dry cleaning and related processes but does not include a laundromat; (g) (a) "Floor Area'~ shall mean the aggregate of the floor areas of all storeys above or below established grade, but shall exclude the floor area of any parts of the building used for mechanical equipment, stairwells, elevators, and any part of the building below established grade other than that used for retail commercial or office purposes; (b) "Gross Leasable Floor Area" shall mean the aggregate of the floor areas of all storeys above or below established grade, designed for owner or tenant occupancy or exclusive use only, but excluding storage areas below established grade; (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) "Games Arcade" shall mean any 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; (11) (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 widtt~ of a lot between the side lot lines measured along a line parallel to and 7.5 metres distant from the front lot line; (12) "Laundromat" shall mean a self-serve clothes washing establishment containing washing, drying, ironing, finishing or other incidental equipment; (13) (a) "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, polishing, washing, packing, adapting for sale, breaking up or demolishing the said article; (b) "Light Manufacturing Plant" shall mean a manufacturing plant used for: (i) the production of apparel and finished textile products other than the production of synthetic fibres; (ii) printing or duplicating; (iii) the manufacture of finished paper other than processing of wood pulp; (iv) the production of cosmetics, drugs and other pharmaceutical supplies; or (v) the manufacture of finished lumber products, light metal products, electronic products, plasticware, porcelain, earthenware, glassware or similar articles, including but not necessarily restricted to, furniture, housewares, toys, musical instruments, jewellery, watches, precision instruments, radios and electronic components; -3 - (lt~) "Merchandise Service Shop" shall mean an establishment where articles or goods including, but not necessarily limited to, business machines, appliances, furniture or similar Jtems~ 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) "Place o[ 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; (16) "Place of Assembly" shall mean a building or part o[ 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; (17) "Private Club" shall mean an athletic, recreational or social club not operated for gain or pro[it and having private membership; (IS) "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; (19) "Public Club" shall mean an athletic, recreational or social club not operated for gain or pro[it and having public membership; (20) "Restaurant-Type At' shah 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; (21) "Retail Store" shall mean a building or part o[ a building in which goods, wares, merchandise, substances, articles or things are stored, kept and offered for retail sale to the public; (22) "Sales Outlet" shall mean a building or part of a building accessory to a light manufacturing plant, a merchandise service shop, a food preparation plant or a warehouse, wherein products manufactured~ produced~ processed, stored~ serviced or repaired on the premises are kept or displayed for rent or for wholesale or retail sale, or wherein orders are taken for future delivery of such products; (23) "Scientific~ Research or Medical Laboratory" shall mean a building or part of a building wherein scientific, research or medical experiments or investigations are systematically conducted, and 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; (2t~) "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 in return for remuneration, but shall not include a body shop or any establishment engaged in the retail sale of vehicle fuels; (27) "Vehicle Sales Shop" shall mean an establishment in which vehicles are displayed for sale~ sold or both; (26) "Warehouse" shall mean a building or part ota building which is used for the housing, storage, adapting for sale~ packaging, or wholesale distribution of goods, wares, merchandise~ food-stuffs, substances, articles or things, and includes the premises of a warehouseman but shall not include a fuel storage tank except as an accessory use; (27) "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; PROVISIONS (1) Uses Permitted ("MC-7" Zone) No person shall within the lands designated "MC-7" on Schedule ] attached hereto use any lot or erect, alter or use any building or structure for any purpose except the roi[owing: (a) bakery (b) business office (c) commercial club (d) commercial-recreational establishment (e) dry cleaning depot, subject to the provisions of section 5(2)(e)(vii) (f) dry cleaning establishment (g) food preparation plant (h) light manufacturing plant (i) merchandise service shop (j) place of assembly (k) private dub (l) professional office (m) public club (n) restaurant, type A, subject to the provisions of section 5(2)(e)(iii) (o) sales outlet, subject to the provisions of section 5(2)(e)(vi) (p) scientific, research or medical laboratory (q) vehicle repair shop (r) vehicle sales shop (s) warehouse (2) Zone Requirements ("MC-7" Zone) No person shall within the lands designated "MC-7" on Schedule ] attached hereto use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (a) SETBACK REQUIREMENTS (minimum): as illustrated on Schedule ii attached hereto (b) BUILDING HEIGHT (maximum)-' 12 metres (c) OPEN STORAGE: all uses~ other than parking, shall take place entirely within enclosed buildings or structures with no outside storage or display (d) 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 drivewayl (ii) There shall be provided and maintained on the subject lands a minimum of: A 4.5 spaces per 100 square metres gross leasable floor area for the first #65 square metres; and B 3.6 spaces per 100 square metres gross leasable floor area for the next 465 square metres; and C 2.2 spaces per 100 square metres gross leasable floor area for the next #65 square metres; and D 2.4 spaces per 100 square metres gross leasable floor area for the next 5,110 square metres; less E 10 percent of the number of parking spaces required under A,B,C and D above; -5 (e) SPECIAL REGULATIONS (i) No more than one building may be constructed and maintained; (ii) The gross leasable floor area of the building shall not exceed %590 square metres; (iii) No more than one restaurant - type A shall be established and shall not exceed a gross leasable floor area of 625 square metres; (iv) All bakeries~ commercial clubs, commercial-recreational establishments, dry cleaning depots, merchandise service shops, places of assembly, private clubs, public clubs, restaurant - type A, sales outlets, vehicle repair shops and vehicle sales shops shall be restricted to those units that front either Plummet Street or Brock Road; (v) The aggregate gross leasable floor areas of ali bakeries, business offices, commercial clubs~ commercial-recreational establishments, dry cleaning depots, merci~andise service shops, places of assembly, private clubs~ professional offices, public clubs, restaurant - type A, sales outlets, vehicle repair shops and vehicle sales shops shall not exceed 2,210 square metres; (vi) Sales outlets are permitted uses only if accessory to food preparation plants, light manufacturing plants, merchandise service shops, warehouses or bakeries, and providing the gross leasable floor area of the sales outlet does not exceed 20% of the gross leasable floor area of the food preparation plant, light manulacturing plant, merchandise service shop~ warehouse or bakery; (vii) Dry cleaning depots are permitted uses only if accessory to dry cleaning establishments and providing the gross leasable floor area of the dry cleaning depot does not exceed 20% of the gross leasable floor area of the dry cleaning establishment. 6. BY-LAW 2511 (1) By-law 2511, 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. (2) Delinitions and subject matters not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 2511, as amended, except that subsection 5.21.2 a) and J.21.2 b) shall not apply to the area set out in Schedule 1 attached hereto. 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 (l). -6 - (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 2nd DAY OF May , 1988. READ A THIRD TIME AND PASSED THIS 19 th DAY OF September , 1988. //~OHN E. ANDERSON BRUCE 3. TAYLOR TOWN OF PICKERING APPROVED LEGAL D£PT. ~ MC-7 0 iii PLUMMER STREET SCHEDULE ! TOBY-LAW 2760/88 PASSED THIS 19th DAY OF Septe. ,tuber 1988 CI~ERK (BRU~CE A/T, ) PLUMMER STREET SCHEDULE Il TO BY-LAW 2760/88 19 th PASSED THIS DAY O~ Sep%ember 1988 ~UBJECT PROPERTY