HomeMy WebLinkAboutBy-law 2351/87Ontario
Ontario Municipal Board
Commission des affaires municipales de I'Ontario
Ill THE )lATTER OF Section 34 of
the Planning Act, 1983
AND IN THE MATTER OF an appeal by
M. Dewshi against Zoning By-law
2351/87 of the Corporation of the
Town of Pickering
R 870282
J~N 28 :'
BEFORE:
A.B. BALL ]
Member
] Wednesday, the 17th day
- and - ]
] of June, 1987
B.W. McLOUGHLIN ]
Member ]
THE APPEAL having been withdrawn;
THE BOARD ORDERS that the appeal against By-law 2351/87 is dismissed.
SECRETARY
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 2351/87
Being a By-law to amend Restricted Area (Zoning)
By-law }0~6, as amended, to implement the Official
Plan of the Town of Pickering District Rlanning
Area, Region of Durham, in Part of Lots 17 and 18,
Concession l, in the Town of Pickering. (Parts 6 to
13 inclusive and 22 and 23, Rlan 40R-9576; and Rlan
40R-5341). OPA 86-28/D/P; A 26/86
WHEREAS the Council of the Corporation of the Town of Pickering
deems it desirable to permit the development of certain industrial
and commercial uses on the subject lands;
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
shown thereon is hereby declared to be part of this
references
By-law.
2. AREA RESTRICTED
The provisions of this By-law shall apply to those lands in
Part of Lots 17 and 18, Concession l, Pickering, designated
"M1-7/ SPC-}" on Schedule "I" attached hereto.
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.
DEFINITIONS
In this By-law,
(i)
"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;
(2)
"Commercial Club" shall mean an athletic, recreational or
social club operated for gain or profit and having public
or private membership;
continued...
2
(7)
(8)
(9)
(10)
(11)
"Financial
building
exchanged;
Institution" shall mean a building or part of a
in which money is deposited, kept, lent or
"Food Store" shall mean a building or part of a building in
which primarily food produce is stored, offered and kept
for retail sale to the public and in which items or
merchandise of day-to-day household necessity may be
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;
"Home and Design Centre" shall mean a building or buildings
having a gross leasable floor area in excess of lO,O00
square metres, in which home related products including but
not limited to furniture, appliances, electrical fixtures,
carpets and floor coverings, building and plumbing
supplies, draperies, hardware and garden supplies are
stored, offered and kept for wholesale or retail sale, but
shall not include food stores and neighbourhood stores;
"Home Improvement Centre" shall mean a building or part of
a building used primarily for the display, wholesale and
retail sale of building materials, hardware or accessories,
including lumber;
"Hotel" shall mean a building, or two or more buildings
~d 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;
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 structues, 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;
"Rarking Space" shall mean a usable and accessible area of
not less than 15.R5 square metres, for the temporary park-
ing of a vehicle, but shall not include any portion of a
parking aisle or driveway;
continued...
"Restaurant-Type D" shall mean a building or part of a
building where 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;
13)
14)
"Warehouse" shall mean a building or part of a building
which is used primarily for the housing, storage, adapting
for sale, packaging, or wholesale distribution of goods,
wares, merchandise, food-stuffs, substances, articles or
things, and includes the premises of a warehouseman but
shall not include a fuel storage tank except as an
accessory use;
(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) "Rear Yard Oepth" 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 main wall of the nearest main
building or structure on the lot;
(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) "Flankage Side Yard Width" shall mean the shortest
horizontal dimension of a flankage side yard of a lot
between the lot line adjoining a street or abutting on
a reserve on the opposite side of which is a street and
the nearest main wall of the nearest main building or
structure on the lot;
continued...
(j) "Interior Side Yard" shall mean a side yard other than
a flankage side yard.
5. PROVISIONS
(1)(a) Uses Permitted ("M1-7/SPC-3" Zone)
No person shall within the lands designated "Ml-?/
SRC-~" 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) commercial club
(iii) financial institution, as accessory to a home and
design centre only
(iv) home and design centre
(v) home improvement centre, as accessory to a home
and design centre only
(vi) hotel
(vii) restaurant-type D, as accessory to a home and
design centre only
(viii) warehouse
(b Zone Requirements ("M1-7/SPC-3" Zone)
No person shall within the lands designated "M1-7/ SPC-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):
8.0 hectares
(ii) LOT FRONTAGE (minimum): 30 metres
(iii) FRONT YARD DEPTH (minimum):
13.5 metres
(iv) INTERIOR SIDE YARD WIDTH
(minimum):
4.5 metres
(v) REAR YARD DEPTH (minimum):
13.5 metres
(vi) LOT COVERAGE (maximum):
40 percent
(vii) BUILDING HEIGHT (maximum):
22 metres
(viii) OPEN STORAGE:
All uses, other than parking, shall take place entirely
within enclosed buildings or structures with no outside
storage or display except:
For the home improvement centre component of a home
and design centre, lumber and other supplies may be
stored or displayed outside so long as no more than
50% of the gross leasable floor area of that
component is used for storage or display, and all
such storage and display areas are completely and
permanently screened from all public roads by
buildings, structures, walls, fences, landscaping,
or any combination thereof;
5
B
For the garden supply component of a home and
design centre, garden supplies may be stored or
displayed in a partially enclosed structure, so
long as no more than 80% of the gross leasable
floor area of that component is used for storage or
display, and all such storage or display areas are
completely screened from all public roads by
buildings, structures, walls, fences, landscaping
or any combination thereof.
(ix) PARKING REQUIREMENTS:
A
For hotels, there shall be provided and main-
tained on the subject lands a minimum of I parking
space per bedroom, plus 3.6 parking spaces per 100
square metres of floor area - non-bedroom excluding
washrooms, lobbies and corridors;
For business offices, there shall be provided and
maintained on the subject lands a minimum of:
(i)
4.5 parking spaces per 93 square metres gross
leasable floor area for the first 929 square
metres gross leasable floor area; and
(II)
2.5 parking spaces per 93 square metres gross
leasable floor area for leasable area in
excess of 929 square metres;
For a home and design centre, there shall be
provided and maintained on the subject lands a
minimum of 4.0 parking spaces per 100 square metres
gross leasable floor area;
Despite Section 5.21.2g) of By-law 3036,
amended, all parking areas shall be paved.
as
(x) SPECIAL REGULATION: The aggregate of the
gross leasable floor
areas of all restaurants - type D shall not exceed 800
square metres.
(xi) Despite Section 2.46c)i) of By-law 3036, the boundary
of the lands on Schedule "I" attached hereto which
abuts Brock Road and Picketing Parkway shall be deemed
to be the front lot line, the boundary of those lands
which abuts Highway No. 401 and Notion Road shall be
deemed to be the rear lot line and all other boundaries
of those lands shall be deemed to be interior side lot
lines.
6. BY-LAW 3036
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.
continued...
7. ENFORCEMENT
ti)
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).
(])
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 8oard, if
required.
READ A FIRST AND SECOND TIME THIS 19th DAY OF Ja~uaz~ , 1987.
READ A THIRD TIME AND PASSED THIS
E. ANDERSON
TOWN oF
)ICKERIg. IG
APPi(b ~ E;')
~E~L DEP~'.
21st DAY OF April
/ CLE4~K
BRUCE O. TAYLOR
QVO~
0'~'0~ NOLLON
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FINCH
__SUBJECT
PROPERTY