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HomeMy WebLinkAboutBy-law 2324/86 Ontario Ontario Municipal Board R 860593 IN THE MATTER OF Section 34 of the Planning Act, 1983 AND IN THE MATTER OF an appeal by L. Cahill against Zoning By-law 2324/86 of the Corporation of the Town of Pickering BEFORE: V. M. SINGER Member - and - D. W. MIDDLETON Member Friday, the 16th day of January, 1987 THIS APPEAL having been withdrawn; THE BOARD ORDERS that the appeal against By-law 2324/86 is hereby dismissed. SECRETARY THF. CORPORATION OF THF. TOWN OF PICKERING BY-LAW NUHBER 2324/86 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 Lot 28, B.F.C. Range 3, in the Town of Pickering. (A 44/85; OPA 85-61/P) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the establishment of a commercial development comprising various commercial uses; AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TO%~ OF PICKERING HEREBY ENACTS AS FOLLO%4S: SCHEDULE Schedule "I" attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. 2. AR/A RESTRICTED The provisions of this By-law shall apply Part of Lot 28, B.F.C. Range 3, Pickering, on Schedule "I" attached hereto. to those lands in designated "C-13" 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, (1) "Assembly Hall" shall mean a building or part of a building in which facilities are provided for purposes such as civic, educational, political, religious or social meetings and which may include an auditorium or banquet hall~ (2) "Bakery" shall iaean a building or part of a building in ~-~-ich 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; continued... 2 (3 (4 (5 (6 (7) (8) (9) (10) (11) (12) "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 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; "Commercial Club" shall mean an athletic, recreational or social club operated for gain or profit and having public or private membership; "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 recreational 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 entertainment as defined herein; "Commercial School" shall mean a school which operated for gain or profit and which 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; "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 subjected to any such processes; "Financial Institution" shall mean a building or part of a building in which money is deposited, kept, lent or exchanged; "Food Store" shall mean a building or part of a building ~ 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; "Laundromat" shall mean a self-serve clothes washing establishment containing washing, drying, ironing, finishing or other incidental equipment; (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; continued... (13) (14) i5) (16) (17) (18) (19) (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; "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 bodyrub parlour as defined in the ~lunicipal Act, R.S.O. 1980, Chapter 302, as amended from time to time, or any successor thereto; "Private Club" shall mean an athletic, recreational or social club not operated for gain or profit and having private membership; "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; "Public Club" shall mean an athletic, social club not operated for gain or public membership; recreational or profit and having "Restaurant-Type A" shall mean a building or part of a building where food is prepared and offered cr kept for retail sale to the public for immediate consumption on the premises or off the premises, or both on and off the premises; "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 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; continued... 4 (e) (f) (g) (i) "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 %;idth" 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 ("C-13" Zone) No person shall within "C-13" on Schedule "I" lot or erect, alter or structure for any purpose except (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) (xii) (xiii) (xiv) (xv) (xv±) the lands designated attached hereto use any use any building or the following: assembly hall bakery business office commercial club commercial-recreational commercial school dry cleaning depot financial institution food store laundromat personal service shop private club professional office public club restaurants-type A retail store establishment continued... 5 (b) Zone Requirements ("C-13" Zone) No person shall within the lands designated "C-13" 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): 2.5 hectares (ii) LOT FRONTAGE (minimum): 170 metres (iii) FRONT YARD DEPTH (minimum): 13.5 metres (iv) INTERIOR SIDE YARD WIDTH (minimum): 7.5 metres (v) FLANKAGE SIDE YARD WIDTH (minimum): 13.5 metres (vi) REAR YARD DEPTH (minimum): 13.5 metres (vii) LOT COVERAGE (maximum): 25 percent (viii) BUILDING HEIGHT (maximum): 12 metres (ix) PARKING REQUIRE{lENTS: 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; 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 6,500 square metres; Notwithstanding Section 2.46c)i) of By-law 3036, the boundary of the lands designated "C-13" on Schedule "I" attached hereto which abuts Highway No. 2 shall be deemed to be the front lot line. 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. (2) By-law 1544/82 is hereby repealed. (3) 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 5.2102b) shall not apply to the area set out in Schedule "I" attached hereto. continued... 7. ENFORCF/4KNT (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 %~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 ~here 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 3rd DAY OF November , 1986. READ A THIRD TIME AND PASSED THIS FOHN E. ANDERSON 5rd __ DAY OF N0vemb.~r, , 19~.~'~ /// // ~BBLERK ', RUCE J. TAYLOR TOWN OF PICKERING APPROVED L E,~AL D ,'-' P~. C13 SCHEDULE "I" TO BY-LAW PASSED THIS 3rd DAY OF November 1986 2324/86 A¥O.~ J'Oh~N~ E. AND-E.SON) CLI~RK ( BRUCE_ ~. TAYLOR) ~ANOK D~IVE IIlllllllllllll