HomeMy WebLinkAboutBy-law 2455/87THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 2455/87
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 32, Range 3, Broken
Front Concession, in the Town of Rickering.
(A ~/87)
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 on Part of Lot 32,
Range 3, Broken Front Concession, in the Town of Pickering;
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
thereon is hereby declared to be part of this By-law.
shown
2. AREA RESTRICTED
The provisions of this By-law shall apply to those lands in Lot
32, Range 3, Broken Front Concession, Pickering, designated
"LCA-5" 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.
4. DEFINITIONS
In this By-law,
(i)
"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 a banquet hall;
(2)
"Bakery" shall mean a building or part of a building in
~ food products are baked, prepared and offered for
retail sale, or in which food products baked and prepared
elsewhere are offered for retail sale;
continued..·
2
(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 and which
may include a telegraph office, a data processing estab-
lishment, 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~
(4)
"Commercial Club" shall mean an athletic, recreational or
social club operated for gain of profit and having public
or private membership~
(5)
"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 recreation 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;
6)
"Commercial School" shall mean a school which is operated
for gain or profit and 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 but
shall not include any other school defined herein~
7)
"Day Nursery" shall mean lands and premises duly licenced
pursuant to the provisions of The Day Nurseries Act, or any
successor thereto, and for the use as a facility for the
daytime care of children~
8)
"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, and which includes a chartered bank or a branch
thereof;
(10) "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;
(ll) "Games Arcade" shall mean any building, room or area in
which are offered facilities for the play of:
(a) three or more games of chance;
(b) three or more games of mixed chance and skill, or
(c) a combination of three or more games of chance and
games of mixed chance and skill;
for the amusement of the public, which games are not
contrary to the Criminal Code of Canada, but does not
include premises in which the only amusement facilities
offered are pool tables, billiard tables or bowling alleys;
continued...
(12) "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;
(13) "Laundromat" shall moan a self-serve clothes washing estab-
lishment containing washing, drying, ironing, finishing or
other incidental equipment;
14) (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;
(15) "Personal Service Sh~p" 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;
(16) "Place of Amusement or Entertainment" shall mean a building
in which facilities are provided for amusement or
entertainment purposes, and which may include a billiard or
pool room, a dance hall, a music hall, or a theatre, but
shall not include a games arcade;
(17) "Private Club" shall mean an athletic, recreational or
social club not operated for gain or profit and having
private membership;
(18) "Private Non-Residential School" shall mean a school which
is maintained for educational or religious purposes but
shall not include any other school defined herein;
(19) "Private Residential School" shall mean a school which is
maintained for educational or religious purposes and which
includes accessory residential facilities but shall not
include any other school defined herein;
(20) "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;
(21) "Public Club" shall mean an athletic, recreational or
social club not operated for gain or profit and having
public membership;
(22) "Public School" shall mean,
(a) a school under the jurisdiction of a board of education
which board is established pursuant to The Education
Act, 1974, or any successor thereto;
continued...
4
(23
(24
(25
(b) a college of applied arts and technology established
pursuant to The Ministry of Colleges and Universities
Act, 1971, or any successor thereto;
(c) a university eligible to receive provincial funding
from the Minister of Colleges and Universities,
pursuant to The Universities Act, 1971, or any
successor thereto;
"Restaurant-Type A" 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 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
3ublic;
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 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;
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 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;
continued...
(i) "Interior Side Yard" shall mean a side yard other than
a flankage side yard~
5. PROVISIONS
(1) (a) Uses Permitted ("LCA-5" Zone)
No person shall within the lands designated "LCA-5" on
Schedule "I" attached hereto use any lot or erect,
alter or use any building or structure for any purpose
except the following:
(i) assembly hall
(ii) bakery
(iii) business office
(iv) commercial club
(v) commercial-recreational establishment
(vi) commercial school
(vii) day nursery
(viii) dry cleaning depot
(ix) financial institution
(x) food store
(xi) laundromat
(xii) place of amusement or entertainment
(xiii) personal service shop
(xiv) private club
(xv) professional office
(xvi) public club
(xvii) restaurant-type A
(xviii) retail store
(b) Zone Requirements ("LCA-5" Zone)
No person shall within the lands designated
Schedule "I" attached hereto, use any lot
alter or use any building or structure
accordance with the following provisions:
(i) FRONT YARD DEPTH (minimum): 14 metres
"LCA-5" on
or erect,
except in
continued...
(ii)
<iii>
(iv
<v
(vi
(vii
(viii
(ix
INTERIOR YARD WIDTH
(minimum):
3.5 metres
FLANKAGE SIDE YARD WIDTH
(minimum):
3.5 metres
REAR YARD DEPTH (minimum): 7.5 metres
LOT COVERAGE (maximum):
percent
BUILDING HEIGHT (maximum): l0 metres
GROSS LEASABLE FLOOR AREA
(maximum):
3500 square metres
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 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 five parking spaces for
each 93 square metres gross leasable floor area;
C
Sections 5.21.2a) and 5.21.2b) of By-law 3036,
as amended, shall not apply to the lands
designated "LCA-5" on Schedule "I" attached
hereto;
D All parking areas shall be set back a minimum of
3.0 metres from ali road allowances;
E
Notwithstanding Section 5.21.2g) of By-law 3036,
as amended, all parking areas shall be surfaced
with brick, asphalt or concrete, or any combina-
tion thereof.
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 "l" 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.
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
continued...
(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.
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 4th DAY OF May
, 1987.
READ A THIRD TIME AND PASSED THIS 4th
/ MAYOR
FJOHN E. ANDERSON
DAY OF May 1987.
BRUCE $. TAYLO/
TOWN
PICKERINO
I APPROVED
LEGAL DEPi'.
LCA 5
44.3m
SCHEDULE "I" TO BY- LAW 2455/87
PASSED THIS 4 th
DAY OF May 1987
III LI IlllltllllllllJ
SUBJECT