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Home My WebLink AboutBy-law 2868/88THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 286$/88 Being a Dy-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham in Part of Lot 2l, Concession 1, in the Town of pickering. (A 44/87; OPA 87-46/D/P) WHEREAS the Council of the Corporation of ihe Town of Pickering deems it desirable to permit the development of community, recreational and warehouse uses on the subject lands being Part of Lot 21, Concession l, in the Town of Pickering; AND WHEREAS an amendment to By-law 25l l, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: l. SCHEDULES I AND II Schedules I and II 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 Zl, Concession 1, in the Town of Pickering, designated "CF-1", "CF-2" and "M1-10" on Schedule I attached he rei o. 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, {l) "Business Office" shall mean a building or part of a building in which ihe management or direction of a business, a public or private agency, a brokerage or a labour or fraternal organization is carried on and which may include a telegraph office, a data processing establishment, a newspaper publishing office, the premises of a real estate or insurance agent, or a radio or television broadcasting station and related studios or theatres, but shall not include a retail store; (2) "Commercial Club" shall mean an athletic, recreational or social club operated for gain or profit and having public or private membership; (3) "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 enteriainment as defined herein; (4) "Commercial School" shall mean a school which is operated for gain or profit and may include the studio of a dancing teacher or music teacher, or an art school, a golf school or any other such school operated for gain or profit; (5) "DuplicatinQ Shop" sha[l mean part of a building where such items as letters, plans, pict�res and documents are reproduced by photostating, blueprinting or other similar methods; -� - (6) (aj "Floor Area" shall mean the aggregate of the floor areas of all storeys above or below esiablished 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 used for retail commerciat 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 exduding storage areas below established grade� (7) "Medical Dispensary" shall mean a building or part of a building where pharmaceutical prescriptions are compounded and dispensed for the public by a pharmacist licensed pursuant to the Health Disciplines Act, R.S.O, 1980, Chapter 196 as amended from time to time, or any successor thereto, and where medicine, medical supplies and associated merchandise is stored, displayed and offered for retail sale to ihe public; (8) "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; (9) "Private Club" shall mean an athletic, recreational or social club not operated for gain or profit and having private membership; (10) "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; (Il} "Public Club" shall mean an athletic, recreationai or social club not operated for gain or profii and having public membership; (l2) "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, cheinicals, glassware or other substances or articles pertinent to such experiments or investigations may be manufactured or otherwise prepared for use on the premises; (13) "Warehouse" shall mean a building or part of a building which is used for the housing, storage, adapting for sale, packaging, or wholesale distribution of goods, wares, rnerchandise, food-stuffs, substances, articles or things, and includes the premises of a warehouseman but shall not incl�de a fuel storage tank except as an accessory use; (14) "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. 5. PROVISIONS (1) (a) Uses Permitted ("CF-l" Zone) No person shall within the lands designated "CF-l" on Schedule I attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (i) commercial-recreational establishment (b) Zone Requirements ("CF-1" Zone) No person shall within the lands designated "CF-1" on Schedule [ attached hereto use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (i) SETBACK REQUIREMENTS (minimum): as illustrated on Schedule II attached hereto -3 - (ii) BUILDING HE[GHT (maximum): l2 metres (iii) OPEN STORAGE: all uses, other than parking, shall take place entirely within enclosed buildings or structures with no outside storage or display (iv) PARKING REQUIREMENTS: A Automobile Parking Space I For the purpose of this clause "parking space" shall mean a usable and accessible area of not less than 2.6 metres in width and not less than 5.3 m etres in length, for the temporary parking of an automobile, but shall not include any portion of a parking aisle or driveway; II There shall be provided and maintained on the subject lands a minimum of 275 automobile parking spaces. 8 Bus Parking Space I For the purpose of this clause "parking space" shall mean a usable and accessible area of not less than 37 square metres, for the temporary parking of a bus, but shall not include any portion of a parking aisle or driveway� II There shall be provided and maintained on the subject lands a minimum of 8 bus parking spaces. (2) (a) Uses Permitted ("CF-2" Zone) No person shall within the lands designated "CF-2" on Schedule I attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) business office commercial club commercial-recreational establishment commercial school duplicating shop medical dispensary place of assembly private club professional office public club scientific, research or medicallaboratory (b} Zone Requirements ("CF-2" Zone) No person shall within the lands designated "C F-2" on Schedule I attached hereto use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (i) SETBACK REQUIREMENTS (minimum): (ii) BUILDING HEIGHT (maximum): as illustrated on Schedule II attached hereto 6 metres (iii) OPEN STORAGE: all uses, other than parking, shall take place entirely within enclosed buildings or structures with no outside storage or display (iv) PARKING REQUIREMEN"CS: A For the purpose of this clause "parking space" shall mean a usable and accessible area of not less than 2.6 m etres in width and not less than 5.3 metres in length, for the temporary parking of a vehicle, but shall not include any poriion of a parking aisle or driveway; B There shall be provided and maintained on the subject lands a minimum of 58 parking spaces. -4 - (v) SPECIAL REGULATIONS: A No more than one building may be constructed and maintained; B The gross leasable floor area of the building shall not exceed 1,395 square metres; C No more than one medical dispensary shall be established and shall not exceed a gross leasable floor area of 150 square metres. (3) (a) Uses Permitted ("M1-10" Zone) No person shall within the lands designated "M1-10" on Schedule I attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (i) warehouse (b) Zone Requirements ("Ml-l0" Zone) No person shall within the lands designated "M1-10" on Schedule I attached hereto use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (i) SETBACK REQUIREMENTS (minimum): as illustrated on Schedule Il attached hereto (ii) BUILDING HEIGHT (maximum): 6 metres (iii) OPEN STORAGE: all uses, other than parking, shall take place entirely within enclosed buildings or structures with no outside storage or display (iv) PARK]NG REQUIRENIENTS: A For the purpose of this clause "parking space" shall mean a usable and accessible area of not less than 2.6 metres in width and not less than 5.3 metres in length, for the temporary parking of a vehicle, but shall not include any portion of a parking aisle or driveway; B There shall be provided and maintained on the subject lands a minimum of 23 parking spaces. 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) Definitions 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 5.21.2b) shall not apply to the area set out in Schedule [ attached hereto. (3) Despite Section 5.2L2g) of By-law 2511, as amended, all parking areas shall be surfaced with brick, asphalt or concrete, or any combination thereof. (4) By-law 4195/72 amending By-law 2511 is hereby revoked. 7. ENFORCEMENT (1) Any person who contravenes any of the provisions of this By-law is guilty of an offence and on conviction is liable, -5 - (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). (3) Where a conviction is entered under subsection (1), in addition to any other reinedy 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 F[RST AND SECOND TIME THIS READ A THIRD TIME AND PASSED THIS MAYOR "' °NnERSON v \ ��'�/:�Gfwca� - �� 19th DAY OF TOWN OF PIC;KERINC; 1'si'1'NtiVcD . T„ �„n,. �.��::.;,_ �: � llAY OF Septenber , 1988. , 1988. a � � r � 'n � I'/al? i 2, 4013 - 5°0� � BAYLY STREET SCHEDULE I TO HY-LAW 286g�88 PASSED THIS DAY OF 1988 ANDERSON) CI.ERK ( BRUCE J. TAYLOR ) � ��, 7 r 'v R n I P/aH i i, �4017 - 5°0� � BAYLY STREET BUILDING SETBACK REOUIREMENTS -SEE SECTIONS 5(Q(b)(i), 5(2)(b)(1) 9 5(3)(b)(I) SCHEDULE II TD BY-LAW 2868�88 PASSED THIS DAY OF 1988 ( JOHHN�E. ANDERSON) CLERK ( BRUCE J. TAYLOR )