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HomeMy WebLinkAboutBy-law 2175/86THE CORPORATION OP THE TOWN OF PICKERING BY-LAW NUMBER 2175/86 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 Area, Region of Durham, in Part of Lot 26, Plan 492 and Part of Lot 23, Concession 1, in the Town of PicKeting. (A 22/84) WHEREAS the Council of the Corporation of the Town of Picketing deems it desirable to permit the development of a commercial plaza, in addition to the existing restaurant, to occur on the subject lands being Part of Lot 26, Plan 492 and Part of Lot 23, Concession 1; 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: SCHEDULES "I" AND "II" Schedules "I" and "II" attached hereto with notations and references shown thereon are 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 26, Plan 492 and Part of Lot 23, Concession 1, Pickering, designated "Cl1" 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, "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 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) "Dry .Cleanin~ D~ot" 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. (3) (4) (a) (8) (9) (lO) (11) 1'Financial Institution" shall mean an institution in which money is deposited, kept, lent or exchanged. "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; "Lot Coverage" shall mean the percentage of lot area covered by all buildings on the lot; "Nei~hbourhood Store" shall mean a store in which food, drugs, periodicals or similar items of day-to-day household necessity are kept for retail sale primarily to residents of, or persons employed in the immediate neighbourhood; "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 Municipal Act, R.S.O. 1980, Chapter 302, as amended from time to time, or any successor thereto; "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; "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; "Retail Store" shall mean a building or part of a building in which goods, wares, merchandise, substances, articles or things are stored, offered or kept for retail sale to the public but does not include a neighbourhood store; (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) (f) (g) (h) "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 o£ the nearest main building or structure on the lot; "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 the nearest main building or structure on the lot; "Side Yard Width" shall mean the shortest horizontal dimension of a side yard of a lot between the side lot line and the nearest main wall of the nearest main building or structure on the lot; "Planka~e 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 Siae Yard" shall mean a side yard other than a flankage side yard; 5- PROVI8IONH (1) (a) bses Permitted ~"Cl1" Zone) No person shall within the lands designated "Cl1" on Schedule "I" attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (i) Ousiness office, (ii) dry cleaning depot, (iii) financial institution, (iv) personal service shop, (v) professional office, (vi) restaurant - type B, subject to the provisions of paragraphs (C) and (D) of subclause (ix) of clause (b) of this subsection, (vii) retail store, subject to the provisions of paragraphs (A) and (B) of subclause (ix) of clause (b) of this subsection. (b) Zone ReQuirements ("Cl1" Zone) No person shall within the lands designated "Cl1" on Schedule "I" attached hereto, use any lot or erect, alter or use any building except in accordance with the following provisions: (i (ii FRONT YARD DEPTH (minimum): 10 metres INTERIOR SIDE YARD WIDTH (minimum): 3 metres (iii FLANKAGE SIDE YARD WIDTH (minimum): 10 metres (iv) REAR YARD DEPTH (minimum): 3 metres (v) LOT COVERAGE (maximum): 33 percent 4 (vi) BUILDING HEIGHT (maximum): 6 metres (vii) GROSS LEASABLE FLOOR AREA: (maximum): 1580 square metres (viii) PARKING REQUIREMENTS: A For the purpose of this clause, "parking space" shall mean a usable and accessible area of not less than 15.95 square metres, 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 a minimum of 90 parking spaces on lands designated "Cl1" on Schedule "I" attached hereto; C Section 5.21.2b) of By-law 3036, as amended, shall not apply to the lands designated "Cl1" on Schedule "I" attached hereto; D Notwithstanding Section 5.21.2g) of By-law 3036, as amended, all parking areas shall be paved. (ix) SPECIAL RESTRICTIONS: A The gross leasable floor area of any retail store shall not exceed 190 square metres; B The gross leasable floor area of ail retail stores shall not exceed 450 square metres; C The gross leasable floor area of all restaurant type B, shall not exceed square metres; 735 D Notwithstanding any other provision of this By-law, restaurant - type B shall be permitted only on that part of the lands designated "Cl1" on Schedule "I" cross- hatched on Schedule "II" attached hereto. 6. BY-LAW,30~6 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. By-laws 1202/80 and 1602/82 are hereby repeaIed. ENFORCEMENT (1) Any person who contravenes any By-law is guilty of an offence (a) on a first oonviction to a and of the provisions of this and on conviction is lisbIe, fine of not more than $20,000; (2) (3) (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. 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). 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. 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 ?th DAY OF Apri! , 1986. READ A THIRD TIME AND PASSED THIS ?th DAY OF Ap.ril . . , 1986. ~OBN E. ANDERSON CLERK ?/ / BRUCE J. TAYLOR TOWN' OF PICKEEING APPROYED LEGAL Cll 0 n~ 0 0 ~J .J SCHEDULE '~[' TO BY- LAW 21175/86 PASSED THIS 7th DAY OF ~?ri~ 1986 _J r. O O 0 SCHEDULE "rr'TO BY-LAW 2175/86 PASSED THIS ?th DAY OF Apz-il 1986 CLERK ( B.J. T~3ylor) G~.~NAJdN& SUBJECT PROPERTY -- rAFERER LN. TATRA