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HomeMy WebLinkAboutBy-law 2471/87THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER2471/87 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 29, Range 3, Broken Front Concession (Parts 2 and 3, Plan 40R-6753) in the Town of Rickering. (A 13/87) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the establishment of restricted light industrial uses and certain special purpose commercial uses on the subject lands being part of Lot 29, Range 3, Broken Front Concession (Parts 2 and 3, Plan 40R-6753); AND WHEREAS an amendment to 8y-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 Part of Lot £9, Range 3, Broken Front Concession (Parts 2 and 3, Plan 40R-6753), Pickering, designated "SC-11" on Schedule "I" attached hereto. 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) (a) "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; (b) "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; (2) "Furniture or Major Appliance Sales" shall mean an establishment in which furniture, major appliances or both of them are stored, offered and kept for wholesale or retail sale; (3) "Home Improvement Centre" shall mean a building or part of a building used for the display, wholesale and retail sale of building materials, hardware or accessories, including lumber; (4) (a) (b) (c) (b) "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 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; "Lot Coverage" shall mean the percentage of lot area covered by all buildings on the lot; "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; "Manufacturin9 Plant" shall mean a building or part of a building in which is carried on any activity or operation pertaining to the making of any article, and which shall include altering, assembling, polishing, washing, packing, adapting for sale, breaking up or demolishing the said article. "Light Manufacturin9 Plant" shall mean a manufacturing plant used for: (i) the production of apparel and fioished textile products other than the production of synethetic fibres; (ii) printing or duplicating; (iii) the manufacture of finished paper other than the processing of wood pulp; (iv) the production of cosmetics, drugs and other pharmaceutical supplies; or (v) the manufacture of finished lumber products, light metal products, electronic products, plasticware, porcelain, earthenware, glassware or similar articles, including but not necessarily restricted to, furniture, housewares, toys, musical instruments, jewellery, watches, precision instruments, radios and electronic components; (6) (7) "Sales Outlet" shall mean a building or part of a building accessory to a light manufacturing plant, a food preparation plant, or a warehouse, wherein products manufactured, produced, processed, stored, serviced or repaired on the premises are kept or displayed for rent or for wholesale or retail sale, or wherein orders are taken for future delivery of such products; "Warehouse" shall mean a building or part of a building which is used 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 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 main wall of the nearest main building or structure on the lot; (h) "F~anka~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) "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; (j) "Interior Side Yard" shall mean a side yard other than a flankage side yard; 4 5. PROVISIONS (1) (a) Uses Permitted ("SC-ii" Zone) No person shall within the lands designated Schedule "I" attached hereto use any lot alter or use any building or structure for except the following: "SC-ii" on or erect, any purpose (i) furniture or major appliance sales (ii) home improvement centre (iii) light manufacturing plant (iv) sales outlet subject to the provisions of paragraph (1)(b)(viii)A of this section (v) warehouse (b) Zone Requirements ("SC-il" Zone) No person shall within the lands designated "SC-11" on Schedule "I" attached hereto, use any lot or erect, alter or use any building except in accordance with the following provisions: (i) YARD REQUIREMENTS: A The zone boundary of the lands designated "SC-il" on Schedule "I" attached hereto, which abut Highway No. 2 shall be deemed to be a front lot line and the minimum setback of any building or structure, except a sign, from a front lot line shall be 14 metres; B All zone boundaries of the lands designated "SC-11" on Schedule "I" attached hereto, which abut a street other than Highway No. 2 shall be deemed to be rear lot lines and the minimum setback of any building or structure from a rear lot line shall be 7.5 metres; C All zone boundaries of the lands designated "SC-il" on Schedule "I" attached hereto, not abutting a street shall be deemed to be a side lot line and the minimum setback of any building or structure shall be 4.5 metres. (ii) LOT AREA (minimum): 0.5 hectares (iii) LOT FRONTAGE (minimum): 30 metres (iv) LOT COVERAGE (maximum): 40 percent (v) BUILDING HEIGHT (maximum): 12 metres (vi) OPEN STORAGE OR DISPLAY: No open storage or display shall be permitted in any yard. (vii) 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 Parking shall be provided on the subject land at a ratio of a minimum of 3.5 spaces for each 93 square metres or part thereof of gross leasable floor area on the subject lands~ C Sections 5.21.2a) and 5.21.2b) of By-law 3036, as amended, shall not apply to the lands designated "SC-il" on Schedule "I" attached hereto; D Notwithstanding Section 5.21.2g) of By-law 3036, as amended, all parking areas shall be paved. (viii) SPECIAL REGULATIONS: A Sales outlets are permitted uses only if accessory to light manufacturing plants or warehouses and providing: (I) the gross floor area of the sales outlet does not exceed 20% of the gross floor area of the light manufacturing plant or warehouse; and (II) the sales outlet is separated from the light manufacturing plant or warehouse, so as to prohibit public access to the light manufacturing plant or warehouse from the sales outlet. 6. BY-LAW 3036 Dy-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. 7. ENFORCEMENT (1) Any person who contravenes any of the provisions of this Dy-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 $£5,000 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. 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 19thDAY OF May , 1987· READ A THIRD TIME AND PASSED THIS 19th DAY OF ANDER O .... /CLERK BRUCE J. TAYLOR TOWN OF PICKERtNG APPROVED 0 2471/87 SCHEDULE "I" TO BY- LAW PASSED THIS 19~ch DAY OF May 1987 /~YOR (JO~N~k'i~DERSON) #4TIO~4L