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HomeMy WebLinkAboutBy-law 2499/87THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 2499/87 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the Town of Rickering District Rlanning Area, Region of Durham, in Part of Lot 31 Range 3, Broken Front Concession, in the Town of Rickering. (A 29187) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the establishment of restricted light industrial uses, home improvement centres and a greenbelt conservation area on Rart of Lot 31, 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 RICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULE "I" Schedule "I" attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Lot 31 Range 3, Broken Front Concession, Picketing, designated "M1-8" and "G" 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) "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 cabinets, electrical fixtures, carpets, floor coverings, plumbing supplies, wall coverings, draperies, garden supplies, and 1umber~ (2) (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; (3) (a) (b) (4) (~) "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; "Manufacturin~ Plant" shall mean a building or part of a building ~n 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 Manufacturing Plant" shall mean a manufacturing plant used for: (i) the production of apparel and finished textile products other than the production of synthetic 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; "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 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 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 wall of the nearest main building or structure on the lot; "Flanka~e Side Yard" shall mean the 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. 5. PROVISIONS (1) Uses Permitted ("H1-8" Zone) No person shall within the lands designated "M1-8" on Schedule "I" attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (a) light manufacturing plant (b) warehouse (2) Zone Requirements ("Mi-8" Zone) No person shall within the lands designated "M1-8" on Schedule "I" attached hereto, use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (a) LOT AREA (minimum): 0.5 hectare (b) LOT FRONTAGE (minimum): metres (c) FRONT YARD DEPTH (minimum): 4.5 metres, except if such yard abuts Highway No. 2, the minimum front yard depth shall be 14 metres (d) INTERIOR SIDE YARD WIDTH (minimum): 5.5 metres (e) FLANKAGE SIDE YARD WIDTH (minimum): Highway No. 2, the minimum shall be 14 metres 5.5 metres, except if such side yard abuts flankage side yard width (f) REAR YARD DEPTH (minimum): 7.5 metres, except if such yard abuts Highway No. 2, the minimum rear yard depth shall be 14 metres LOT COVERAGE (maximum): 45 percent (h) BUILDING HEIGHT (maximum): 10 metres (i) OPEN STORAGE: no open storage shall be permitted in any yard (j) PARKING REQUIREMENTS: (i) For the purpose of this clause "parking space" shall mean a useable and accessible area of not less than 2.6 metres in width and 5.3 metres in length, for the temporary parking of a vehicle, but shall not include any portion of a parking aisle or driveway; (ii) There shall be provided and maintained on the lot a minimum 3.0 parking spaces per 100 square metres floor area for the first 1000 square metres gross floor area, plus 0.8 space per 100 square metres floor area for the next 6000 square metres gross floor area, plus 0.4 parking space per lO0 square metres floor area for all remaining gross floor area; (iii) Sections 5.21.2a) and 5.21.2b) of By-law 3036, as amended, shall not apply to the lands designated "M1-8" on Schedule "l" attached hereto; (iv) All parking areas shall be set back a minimum of 3.0 metres from all road allowances; (v) Notwithstanding Section 5.21.2g) of By-law 3036, as amended, all parking areas shall be surfaced with brick, asphalt or concrete, or any combination thereof. (3) Special Regulations ("(SC-lC)" Symbol) On lands where the "M1-8" designation on Schedule "Z" hereto is followed by the symbol "(SC-lC)" the following regulations shall apply: (a) In addition to the uses specified in 5(1) of this By-law, a home improvement centre as defined herein shall be a permitted use; (b) For home improvement centres, the zone requirements specified in Section 5(2) of this By-law shall apply, except as specified below: (i) The minimum lot area shall be 0.15 hectare; (ii) The minimum interior side yard width shall be 0.5 metre; (iii) The maximum lot coverage shall be 33 percent; (iv) Open storage of building materials, hardware and accessories is permitted so long as no more than 50 percent of the lot area is used for such storage, and all such materials, hardware and accessories are completely screened from all public roads by buildings or structures on the lot~ (v) There shall be provided and maintained on the lot a minimum 4.0 parking spaces per 100 square metres gross floor area of non-storage space, plus 2.0 parking spaces per 100 square metres gross floor area of storage space. 5 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 3056, 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 (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). (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 15th READ A THIRD TIME AND PASSED THIS 15th YOR HN..~. ANDERSON CCERK ' f/ B. $. TAYLOR DAY OF June , 1987. DAY OF June , 1987. ToWN OF PICKERIN* APPROVED TO FOR LEGAL DI~Ph'l M1.8 l SCHEDULE "I" TO BY- LAW 2499/'87 PASSED THIS 15th DAY OF June 1987 CLERK ( BRUCE" J. T~YLOR ) '--' I P~ACE SUBJECT