HomeMy WebLinkAboutBy-law 2284/86THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 2284/86
Being a By-law to 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 Lots 27 and 28,
Range 3, Broken Front Concession, in the Town of
Pickering. (A 31/86)
WHEREAS the Council of the Corporation of the Town of Pickering
deems it desirable to permit the establishment of a hotel with
ancillary office and commercial facilities and a vehicle sales
or rental establishment on the subject lands, being Part of Lots
27 and 28, Range 3, Broken Front Concession;
AND %~HEREAS an amendment to By-law 3036, as amended, is therefore
deemed necessary;
N0%4 THEREFORE THE COUNCIL OF THE CORPORATION OF THE TO%4N OF PICKERING
HEREBY ENACTS AS FOLLOWS:
SCHEDULE "I#
Schedule "I" attached hereto with notations
shown thereon is hereby declared to be part
and references
of this By-law.
2. AREA RESTRICTED
The provisions of this By-law shall apply to those lands in
Part of Lot 27 and 28, Range 3, Broken Front Concession,
Pickering, designated "SC-8" and "CA3-3" on Schedule "I"
attached hereto.
3. GENE~ 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,
"Body Shop" shall mean an establishment primarily
engaged in repairing or painting vehicle bodies;
(2)
"Commercial Club" shall mean an athletic, recreational
or social club operated for gain or profit and having
public or private membership;
(3) (a)
"Floor Area" shall mean the aggregate of the floor
surface contained within the outside walls of a
storey;
(4)
(5
(6
(7
(8)
(9
(b)
"Gross 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 mechanical
equipment, stairwells, elevators, and any part of
the building below established grade other than
that used for retail commercial or office purposes:
"Floor Area - Non-Bedroom" shall mean the aggregate
of the floor areas o~ all above and below grade
storeys of all buildings and structures used other
than for bedrooms, but shall exclude the floor area
of any stairwells, elevators and any part below
established grade used exclusively for storage
purposes;
"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 over-
night 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;
a)
"Lot" shall mean an area of land fronting on a street
~ 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;
"Retail Store" shall mean a building or part of a
building in w~ich goods, wares, merchandise, substances,
articles or things are stored, kept and offered for
retail sale to the public;
"Vehicle Repair Shop" shall mean an establishment
containing facilities for the repair and maintenance of
vehicles on the premises, in which vehicle accessories
are sold and vehicle maintenance and repair operations
are performed in return for remuneration, but shall not
include a body shop or any establishment engaged in the
retail sale of vehicle fuels;
"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;
(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)
(d)
(e)
(f)
(g)
(i)
"Front Yard Depth" shall mean the shortest horizontal
di'mension 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;
"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;
"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 main wall of the nearest main
building or structure on the lot;
"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;
"Interior Side Yard" shall mean a side yard other than a
flankage side yard.
e
PROVISIONS
(1) (a) Uses Permitted ("CA3-3"
No person shall within
"CA3-3" on Schedule "I"
lot or erect, alter or
Zone)
the lands designated
attached hereto use any
use any building or
(b)
structure for any purpose except the following:
(i) vehicle sales or rental establishment
Zone Requirements ("CA3-3" Zone)
No person shall within the lands designated
"CA3-3" 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): 1.5 hectares
(ii) LOT FRONTAGE (minimum): 107 metres
(iii) FRONT YARD DEPTH (minimum): 13.5 metres
(iv) REAR YARD DEPTH (minimum): 13.5 metres
(v) LOT COVERAGE (maximum): 33 percent
(vi) BUILDING HEIGHT (maximum): 12 metres
(vii) OPEN STORAGE: No open storage shall be
be permitted in any yard
4
(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 on
the subject lands a minimum of 5.0 parking
spaces for each 0.4 hectare or part
thereof lot area plus 2.0 parking spaces
for each 93 square metres or part thereof
gross floor area
C
No parking space required to be provided
and maintained pursuant to subclause B
above shall be used for the display of
any vehicle.
D
Ail parking areas shall be paved and
set back a minimum of 6 metres from the
front lot line.
(2) (a) Uses Permitted ("SC-8" Zone)
No person shall within the lands designated "SC-8"
on Schedule "I" hereto, use any lot or erect, alter
or use any building or structure for any purpose
except the following:
(i) hotel
(ii)
(iii)
(b)
commercial club subject to the provisions
of Section 5(2)(b)(x)A
retail store subject to the provisions of
Section 5(2)(b)(x)B, C and D.
Zone Requirements ("SC-8" Zone)
No person shall within the lands designated "SC-8"
on Schedule "I" hereto, use any lot or erect, alter
or use any building or structure except in accordance
with the following provisions:
(i)
(ii)
(iii)
(iv)
{v)
(vi
(vii
(viii
(ix
LOT AREA (minimum):
1.2 hectares
LOT FRONTAGE {minimum):
100 metres
FRONT YARD DEPTH (minimum):
13.5 metres
FLANKAGE SIDE YARD WIDTH
(minimum):
13.5 metres
REAR YARD DEPTH (minimum):
13.5 metres
BUILDING HEIGHT (minimum):
(maximum):
15 metres
30 metres
LOT COVERAGE (maximum):
40 percent
OPEN STORAGE:
No open storage shall be
permitted in any yard
PARKING REQUIREMENTS:
A
For the purpose of this clause, "parking
space" shall mean a useable and accessible
area of not less than 15.95 square metres for
the temporary parking of vehicles, but shall
not include any portion of a parking aisle or
driveway;
There shall be provided and maintained on the
subject lands a minimum of 1 parking space per
bedroom, plus 3.6 spaces per 100 square metres
of floor area - non-bedroom excluding wash-
rooms, lobbies and corridors;
C Ail parking areas shall be paved and set back
a minimum of 6 metres from the front lot line.
(x) SPECIAL REGULATIONS:
A
No commercial club or retail store shall be
permitted unless contained within the same
building as a hotel;
B
No public ingress to any retail store shall
be permitted directly from the exterior of
the building;
C
Public ingress to any retail store shall be
permitted only from a hallway, corridor or
lobby located within a hotel;
D The aggregate of the gross floor areas of
all retail stores on the lot shall not exceed
500 square metres.
6. BY-LAW 3036
(1)
By-law 3036, as amended, is hereby further amended only
to 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 5.21.2b) of By-law 3036, as amended shall not
apply to lands designated "SC-8" and "CA3-3" on 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 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) Wq~ere 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) %~ere 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 5th DAY OF August
, 1986.
READ A THIRD TIME AND PASSED THIS
OHN
E.ANDERSON
5th DAY OF AUgust
, 1986.
CLERK
BRUCE J. TAYLOR
CA3'3
SC '8
SCHEDULE ~[" TO BY-LAW. 2284/86
PASSED THIS 5th
DAY O{=' August 1986
HIGHWAY
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PROPERTY