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HomeMy WebLinkAboutBy-law 3177/89 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 3177/89 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the Town of Picketing District Planning Arear Region of Durham, in Part of Lot 30, Range 3 Broken Front Concession, in the Town of Pickering. (A 45/88) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the establishment of a hotel use in addition to special purpose commercial uses on the subiect lands~ being Part of Lot 30, Range 3 Broken Front Concession; AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULE I Schedule 1 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 30, Range 3 Broken Front Concession~ in the Town of Picketing, designated "SC-28" on Schedule 1 attached hereto. 3. GENERAL PROVISIONS No buildingr 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) "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 officer a data processing establishment, a newspaper publishing officer the premises of a real estate or insurance agent, or a radio or television broadcasting station and related studios or theatresr but shall not include a retail store; (2) '*Floor Area" shall mean the aggregate of the floor surface contained within the outside walls of a storey; (3) "Furniture or Major Appliance Sales" shall mean an establishment in which furniture, major appliances or both o[ them are storedr offered and kept for wholesale or retail sale; (4) "Gross Leasable Floor Area" shall mean the aggregate of the floor areas of all storeys above or below established grader designed for owner or tenant occupancy or exclusive use only, but excluding storage areas below established grade; (5) "Home Improvement Centre" shall mean a building or part of a building used for the display and wholesale and retail sale of building materials~ hardware or accessories including cabinetsr electrical fixturesr carpets, floor coverings~ plumbing supplies, wallpaper~ draperies, garden supplies, lumber and swimming pool supplies; - 2 - (6) "Hotel" shall mean a building, or two or more buildings attached above grade, used for the purpose of catering to the needs of the travelling public by providing overnight sleeping accommodations of not less than 25 bedrooms and may include uses accessory thereto, including meeting rooms, conference rooms, recreational facilities and dining and lounge areas; (7) "Light Machinery and Equipment Supplier" shall mean a part of a building in which office furniture and machines; carpet and drapery cleaning equipment; painting, gardening and plumbing equipment; small hand and power tools and similar products are stored, offered or kept for wholesale or retail sale to industrial or commercial establishments; (8) (a) "Lot" shall mean an area of land fronting on a street which is used or intended to be used as the site of a building, or a group of buildings, as the case may be, together with any accessory buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision; (b) "Lot Coverage" shall mean the percentage of lot area covered by all buildings on the lot; (9) "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; (10) "Restaurant Type B" shall mean a building or part of a building where food is prepared or offered or kept for retail sale to the public for immediate consumption in the building or buildings on the premises only. (11) "Scientific~ Research or Medical Laboratory" shall mean a building or part of a building wherein scientific, research or medical experiments or investigations are systematical}y 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. (12) "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 thereto the outdoor display of vehicles for sale, rent or lease and a vehicle repair shop, but shall not include any establishment engaged in the retail sale of motor vehicle fuels; (13) (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 iunction 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 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; -3- (h) "Flankage Side Yard" shall mean a side yard immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; (i) "Interior Side Yard" shall mean a side yard other than a ~lankage side yard; PROVISIONS (1) (a) Uses Permitted ("SC-28" Zone) No person shall within the lands designated %C-28" on Schedule I attached hereto use any lot or erect~ alter or use any building or structure for any purpose except the following: (i) business office (ii) furniture or major appliance sales (iii) home improvement centre (iv) hotel (v) light machinery and equipment supplier (vi) professional office (vii) restaurant~ type B (viii) scientific, research or medical laboratory (ix) vehicle sales or rental establishment (b) Zone Requirements ("SC-28" Zone) No person shall within the lands designated "SC-28" 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) LOT AREA (minimum): 1.0 hectares (ii) LOT FRONTAGE (minimum): 80.0 metres (iii) FRONT YARD DEPTH (minimum): 12.0 metres (iv) SIDE YARD WIDTH (minimum): A East side yard: 3.5 metres B West side yard: 4.5 metres (v) REAR YARD DEPTH (minimum): 7.5 metres (vi) LOT COVERAGE (maximum): 40 percent (vii) BUILDING HEIGHT (maximum): 12.0 metres (viii) OPEN STORAGE OR DISPLAY: A No open storage shall be permitted in any yard B No display except the display of automobiles or trucks in association with a vehicle sales or rental establishment shall be permitted in any yard. (ix) PARKING REQUIREMENTS: A For the purpose of this clause "parking space" shall mean a useable and accessible area of not less than 2.6 metres in width and not less than 5.3 metres in length, for the temporary parking of a vehicle, but shall not include any portion of a parking aisle or driveway; B For all uses excluding a hotel user there shall be provided and maintained on the subject lands a minimum of 4.5 parking spaces per 100 square metres of gross leasable floor area; C For a hotel use~ there shall be provided and maintained on the subject lands a minimum of 1.0 parking spaces per bedroom plus 3.6 parking spaces per 100 square metres gross floor area devoted to ancillary commercial uses and public uses including meeting rooms, conference rooms~ recreational facilities, dining rooms and lounges, but exluding washrooms and lobbies; Notwithstanding Section 5.21.2 g) of By-law 3036, as amended, all parking areas shall be surfaced with brick, asphalt or concrete, or any combination thereof. (x) SPECIAL REGULATIONS A The gross floor area of all restaurants type B on the subject lands shall not exceed 350 square metres. 6. BY-LAW 3036 (1) By-law 3036, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 3036, as amended. (2) Section 5.21.2(b) of By-law 3036, as amended, shall not apply to the lands design&ted "SC-28" on Schedule I 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 (1). (3) Where a conviction is entered under subsection (1), in addition to any other remedy or penalty by law, the court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted. 8. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof subject to the approval of the Ontario Municipal Board, if required. READ A FIRST AND SECOND TIME THIS 19th DAY OF June , 1989. READ A THIRD TIME AND PASSED THIS 19th DAY OF June , 1989. WAYNE' ARTHURS /¥/ OR SCHEDULE I TO BY-LAW PASSED THIS DAY OF ju.~ 1989 ~^¥~W~n~ /CLERK (lfruce/J. Taylor)