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HomeMy WebLinkAboutBy-law 2212/86THE CORPORATION OP THE TONN OP PICKERING BY-LAW NUMBER 2212/86 Being a By-law to amend Hestricted 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 Lot 19, Concession 1 in the Town of Picketing. (A39/84(R); OPA 84-43/P) WHEREAS the Council of the Corporation of the Town of Picketing deems it desirable to permit the development of a local central area comprising various commercial establishments; 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: SCHEDULE "I" Schedule "I" 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 Part of Lot 19, Concession 1, Schedule "I" attached hereto. shall apply to those lands in Picketing, designated "LCA-4" on 3- GEHERAL PROVIBIO~S 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 "Automobile Service Station-Type A" shall mean an establish- ment where only vehicl~ fuels, lubricants and accessories are offered for retail sale; (2 "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 are baked and prepared elsewhere are offered for retail sale; (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 arid which may include a telegraph office, a data processing establishment, a newspaper publish- ing 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 (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 subject to any such processes; (5) "Financial Institution" (6) (8) (9) lO) 11 12 13 building in which money exchanged; shall mean a building or part of a is deposited, kept, lent or "Food Store" shall mean a building or part of a building in which food, produce and other items or merchandise of day-to-day household necessity are stored, offered and kept for retail sale to the public; "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; (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 width of a lot between the side lot lines measured along a line parallel to and 7.5 metres distant from the front lot line; "Neighbourhood Store" shall mean a retail 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 a building or part of a building 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.0. 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.8.0. 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; "Restaurant-Type D" shall mean a building or part of a building which food is prepared and offered or kept for retail sale to the public for immediate consumption on the premises, and which may include an accessory take-out component; 3 (~4) (~5) "Retail Store" shall mean a building or part of a building in which goods, wares, merchandise, substances, articles or things are stored, kept and offered for retail sale to the public; (a) "Yard" shall mean an area of land which is appurtenant to and located on the same lot as a building or structure aha is open, uncovered and unoccupied above ground except for such accessory buildings, structures, or other uses asl' 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 £ront 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 th~l 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; "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 wall of the nearest main building or structure on the lot; (h) "Flanka~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 Side Yard" shall mean a side yard other than a flankage side yard; 5. PRO¥ISIONB (1) (a) Uses Permitted ("LCA-4" Zone) No person shall within the lands designated "LCA-4" on Schedule "I" attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (i) automobile service station-type A (ii) bakery (iii) business office (iv) dry cleaning depot (v) financial institution 4 (vi) (vii) (viii) (ix) (x) (xi) (xii) food store neighbourhood store personal service shop professional office restaurant-type B restaurant-type D retail store (b) Uses Permitted ("LCA-4A" Zone) ~o person shall within the lands designated "LCA-4A'' 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) business office professional office restaurant-type B (c) Zone Requirements ("LCA-4" and "LCA-4A" Zones) No person shall within the lands designated "LCA-4" and "LCA-4A" on Schedule "I" attached hereto, use any lot or erect, alter or use any building except in accordance with the following provisions: (i) LOT AREA (minimum): 1.0 hectare (ii) LOT FRONTAGE (minimum): 100 metres (iii) PRONT YARD DEPTH (minimum): 10 metres (iv) INTERIOR SIDE YARD WIDTH (minimum): 3 metres (v) PLANKAGE SIDE YARD WIDTH (minimum): 20 metres (vi) REAR YARD DEPTH (minimum): 3 metres (vii) LOT COVERAGE (maximum): 20 percent (viii) BUILDING HEIGHT (maximum): 12 metres (ix) PARKING REQUIREMENTS: 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 Parking shall be provided on the subject lands at a ratio of a minimum of 5.0 parking spaces for each 93 square metres or part thereof of gross leasable floor area. (x) SPECIAL REGULATIONS: A The aggregate of the gross leasable floor areas of all buildings shall not exceed 1,858 square metres; 6. BY-LAW 3036 (2) The aggregate of the gross leasable floor areas of all retail stores shall not exceed 774 square metres; The gross leasable floor area of each establishment on the lands designated "DCA-4" used for any purpose set out in Section 5(1)(a), except a restaurant-type B and a restaurant-type D, shall not exceed 280 square metres. Notwithstanding Section 2.46c)i) of By-law 3036, the boundary of the lands designated "LCA-4" and "LCA-4A" on Schedule "I" attached hereto which abuts Bighway No. 2 shall be deemed to be the front lot line. 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, except that subsection 5.21.1b) shall not apply to the area set out in Schedule "I" attached hereto. 7- ENFORCEMENT (1) Any person who contravenes any of the provisions of this By-law is guilty of an offence and ou conviction is liable, (a) on a first conviction to a fine of not more than $20,000; and 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. 6 8. ~F~ECTI¥~ DATE This By-law shall take effect from the subject to the approval of the Ontario required. day of passing hereof, Municipal Board, if READ A FIRST AND SECOND TIME THIS 5th DAY OF May , 1986. READ A THIRD TIME AND PASSED THIS 5th __ DAY OF ~ -,,.,a~ , 1986. CLERK LCA-4 [ "' , ALL DIMENSIONS SHCT#N ARE IN METRES SCHEDULE 'I' TO BY -LAW 22;[2/86 PASSED THIS 5th DAY OF Hay 1986 //IMAYOR (John E. Anderson) . CLERK (Bru~ Ior) m · m ! m m · · I SUBJECT PROPERTY