HomeMy WebLinkAboutBy-law 2802/88THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER Zs02/88
Being a By-law io amend Restricted Area (Zoning) By-law 3036, as amended, to
implement the Official Plan of the Town of Pickering District Planning Area, Region of
Durham, in Part of Lot 20, Concession 1, in the Town of Pickering.
(A 12/87(R); OPA 87-6/D/P)
W'HEREAS the Council of the Corporation of the Town of Pickering deems it desirable to
permit the establishment of an office development with limited retail and personal service
uses on the subjeci lands, being Part of Lot 20, Concession 1;
AND W'HEREAS an amendment to By-law 3036, as amended, is therefore deemed necessary;
NOW' THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING
HEREBY ENACTS AS FOLLOWS:
1. SCHEDULEI
2.
3.
4.
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 20, Concession l,
Town of Pickering, designated "OC - 1" on Schedule I attached hereto.
GENERAL PROVISIONS
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No building, land or part thereof shall hereafter be used, occupied, erected, moved or
structurally altered except in conformity with the provisions of this F3y-law.
DEFINITIONS
In this By-law,
(1) "Business Office" shall mean a building or part of a building in which the
management or direciion of a business, a public or private agency, a brokerage or a
labour or fraternal organization is carried on and which may include a telegraph
office, a data processing establishment, a newspaper publishing office, the premises
of a real estate or insurance agent, or a radio or television broadcasting station and
related studios or theatres, but shall not include a retail store;
(2) "Commercial Club" shall mean an athletic, recreational or social club operated for
gain of profit and having public or private membership;
(3) "Commercial School" shall mean a school which is operated for gain or profit and
may include the studio of a dancing teacher or music teacher, or an art school, a
golf school or any other such school operated for gain or profit;
(4) "Dry Cleaning 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 any such processes;
(5)
"Financial Institution" shall mean a building or part of a building in which money is
deposited, kept, lent or exchanged;
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(6) (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 m echanical equip m ent, stairwells, elevators, and any pari of
the building below established grade other than 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 esiablished grade, designed for owner or tenant
occupancy or exclusive use only, but excluding storage areas below established
grade;
(7) °Food Store" shall mean a building or part of a building in which primarily food
produce is stored, offered and kept for retail sale to the public in which iterns or
merchandise of day-to-day household necessity m ay be stored, offered and kept for
retail sale to the public;
(8) (a) "Lot" shall mean an area of land fronting on a street w hich is used or intended
to be used as the site oi 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 Covera�e" shall m ean the percentage of lot area covered by all buildings
on the lot;
(c) "Lot Frontage° shall mean ihe width of a loi between the side lot lines
measured along a line parallel to and 7.5 metres distant from the front lot line;
(9) "Neighbourhood Convenience Store" means a retail store in which food, drugs,
periodicals or similar ite m s of day-to-day household necessity are kept for retail
sale primarily to residents of or persons employed in the immediate neighbourhood;
(10) "Office-Associated Commercial Establishment" shall mean an establishment
providing retail goods, equipm ent or wares related to the normal operation of a
business office or professional office;
(ll) "Personal Service Shop" shall mean an establishment in which a personal service is
performed and which may include a barber shop, a beauty salon, a shoe repair shop,
a tailor or dressmaking shop or a photographic studio, but shall not include a
body-rub parlour as defined in the M unicipal Act, R.S.O. 1980, Chapter 302, as
amended from tirne to time, or any successor thereto;
(12) "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 enteriainment purposes such as
musical and theatrical performances, but shall not include a place of amusement or
entertainment.
(13) "Private Club" shall m ean an athletiq recreational or social club not operated for
gain or profit and having private membership;
(14) "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 physicia�, but shall not include a body-rub parlour as
defined in the M unicipal Act, R.5.0. 1980, Chapter 302, as a mended fro m time to
time, or any successor thereto;
(IS) "Public Club" shall mean an athletic, recreational or social club not operated for
gain or profit and having public membership;
(16) "Restaurant-Type B" shall mean a building or part of a building where food is
prepared and offered or kept for retail sale to the public for immediate consumption
in the building or buildings on the premises only;
5.
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(17) "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 ("OC - l" Zone)
No person shall within the lands designated "O C-1" on Schedule I attached hereto
use any lot or erect, alter or use any building or structure for any purpose except
the following:
(a)
(b)
(c)
(d)
(e)
(f)
lg)
(h)
(i)
�l )
(k)
(1)
(m)
(n)
business office
commercial club
commercial school
dry cleaning depot
financialinstitution
food store
neighbourhood convenience store
office-associated commercial establishment
personal service shop
place of assembly
private club
professional office
public club
resiaurant -type B
(2) Zone Requirements ("OC - 1" Zone)
No person shall within the lands designated "OC - 1" on Schedule I attached hereto
use any lot or erect, alter or use any building or structure except in accordance with
the following provisions:
(a) SETBACK REQUIREMENTS (minimum):
(b) BUILDING HEIGHT (maximum):
(c) OPEN STORAGE:
(d) PARKING REQUIREMENTS:
as illustrated on Schedule I
attached hereto
20 metres
all uses, other than parking,
shall take place entirely
within enclosed buildings or
structures with no outside
storage or display
(i) For the purpose of this clause "parking space" shall mean a usable and
accessible area of not less than 2.6 metres in widih and not less than 5.3
metres in length, for the temporary parking of a vehicle, but shall not
include any portion of a parking aisle or driveway;
(ii) There shall be provided and maintained on the subject Iands a miminum of:
A 5.4 spaces per 100 square m etres gross leasable floor area for the first
500 sy�are m etres; and
B 4.5 spaces per 100 square metres gross leasable floor area for the next
500 square m etres; and
C 3.3 spaces per 100 square m etres gross leasable floor area for the next
500 square m etres; and
D 3.4 spaces per 100 square m etres gross leasable floor area for all floor
area in excess of 1,500 sq�are m etres; less
E 10 percent of the number of parking spaces required under A, [3, C, and
D above;
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(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 7,I55 square
metres;
(iii) The aggregate gross leasable floor areas of all neighbourhood convenience
stores and food stores shall not exceed a gross leasable floor area of 660
square metres;
(iv) The aggregate gross leasable floor areas of a11 uses except business offices,
professional offices, financial institutions and commercial schools shall not
exceed 35 percent of the total gross leasable floor area of ihe building;
(v) The aggregate gross leasable floor areas of all restaurants - type B shall
not exceed 20 percent of the total gross leasable floor area of the building.
6. BY-LAW 3036
(1) By-law 3036, as amended, is hereby further amended only to ihe 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) Definitions and subject matters not specifically dealt with in this 6y-law shall be
governed by the relevant provisions of By-law 3036, as amended, except that
subsection 5.21.2 b) shall not apply to the area set out in Schedule l attached hereto.
7. ENFORCEMENT
(1) Any person who contravenes any of the provisions of this By-law is guilty of an
offence and on conviction isliable,
(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 (l), the maximum penalty that
may be imposed is,
(a) on a first conviction a fine of not more than $50,000; and
lb) on a subsequent conviction a fine of not more than $25,000 for each day or part
thereof upon which the contravention has been continued after the day on which
the corporation was first convicted;
and not as provided in subsection (1).
(3) Where a conviction is entered under subsection (1), in addition to any other remedy
or penalty by law, the court in which the conviction has been entered, and any court
of competent jurisdiction thereafter, may make an order prohibiting the
continuation or repetition of the offence by the person convicted.
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8. EFFECTIVE DATE
This By-law shall take effect from the day of passing hereof subject to the approval of the
Ontario Municipal Board, if required.
READ A F[RS'C AND SECOND TIME THIS 20th DAY OF
READ A THIRD TIME AND PASSED THIS 17th DAY OF
OHN E. ANDE
�-
TOWN OF
PICKERING
APPROVED
BRUC�J. "yAYLOR �I `<:,". ��;=P"i.
June , 1988.
October ,1988.
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HIGHWAY No. 2
• BUILOING SETBACK REOUIREMENTS - SEE SECTION 5(2)(a)
SCHEDULE I TO 8Y-LAW Zao2�8$
PASSEO THIS l�th
DAY OF october 1988
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