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HomeMy WebLinkAboutBy-law 1787/84THE CORPORATION OF THE TOWN OF PICKERING BY-LAW 1787/84 Being a Zoning By-law to amend Restricted Area By-law 3036, as amended, to implement the Official Plan of the Town of Picketing District Planning Area, Region of Durham, in Part Lots 23 and 24, Concession 1 in the Town of Pickering.(A 23/83 and A 26/83) WHEREAS the Council of the Corporation of the 7own of Pickering deems it desirable to permit the development on the subject lands of certain restricted light industrial uses and certain special purpose 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 TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: SCHEDULES "I" AND "II" Schedules "I" and "II" attached hereto with notations and references sho~n thereon are hereby declared to be part this By-law. AREA RESTRICTED The provisions of this By-law shall apply to those lands Part Lots 23 and 24, Concession 1, Picketing, designated 'SPC;-I' on Schedule "I" attached hereto. in 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, l) "Bo.dS S9o~" shall mean an establishment primarily engaged in repairing or painting vehicle bodies; 2) "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; 3) (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; continued... 4) 5) 6) 7) (8) (9) Page 2 (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; (c) "Gross Retail and Personal Service Floor Area" shall mean the gross retail and per'sonal service floor space contained in all buildings and structures on the lot, as such space is defined in section 8.2.2 of the Official Plan of the Regional Municipality of Durham, as amended from time to time, or any successor thereto; "Food Preparation Plant" shall mean a building or part of a building in which processed food products are cooked, baked, mixed, packaged or otherwise prepared for distribu- tion to retail or institutional outlets; "Furniture and Major Appliance Sales" shall mean an establi- shment in Which t'urn~ture, major appliances or both of them are stored, offered and kept for wholesale or retail sale; "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; "Industrial or Commercial Equipment Suppli.ers" shall mean a building or part of a building in which industrial or commercial equipment, supplies or furnishings are stored, offered or kept for wholesale or retail sale to industrial or commercial establishments~ "Light Manufacturing Plant" shall mean a manufacturing plant used for: a) the production of apparel and finished textile products other than the production of synthetic fibres; b) printing or duplicating; c) the manufacture of finished paper other than the processing of wood pulp; d) the production of cosmetics, drugs and other pharmaceutical supplies; or e) 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; a) "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 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 subdivisionj continued .. Page 3 (b) "Lot Coverage" shall mean the percentage of a lot area covered by all buildings on the lot; (c) "Lot Frontage"_ shall mean the width of a lot betwee~ the side lot lines measured alcng a line parallel to and 7.5 metres distant from the front lot line; (10) "Scientific, Research or Medical Laboratory" shall mear~ (ll) t3) 14) a building or part of a building wherein scientific, research or medical experiments or investigations are systematically conducted, and where drugs, chemicals, glassware or other substances or articles pertinent to such experiments or investigations may be manufactured or otherwise prepared for use on the premises; "Vehicle Repair Shop" shall mean an establishment containing facilities for the repair and maintenance of vehicles on the premises, in which vehicle accessories are sold and vehicle mainte:~ance and repair operations are performed in return foF remuneratic:n, but si~all not include a body shop or any establishment engaged in tt~e retail sale of ~ehicle fuels; "Vehicle Sales or Rental Establis .ment'~ shall i,.ea an establishment having as its main use the sale, service, rent or lease of vehicles, and which may include an acressory vehicle repair shop, but shall not include any establishmeht engaged in the ~tail sale of moto~ vehicle fuels$ "Warehouse" shall mean a building or part ul: a bu~ldi~: 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 may include the pFemises 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 exLending 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 ~ront 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 juncti[n 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; continued... Page 4 f) g) h) i) "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 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. PROVISIONS (1) Uses Permitted ('SPCl-l' Zone) No person shall, within the lands designated 'SPCI-t' on Schedule "I" attached hereto, u~e any lot or erect, alter or use any bui]dimg or structure for any purpose except the following: (a) financial institution (b) food preparation plant (c) furniture and major appliance sales (d) home improvement centre (e) industrial or commercial equipment suppliers (f) light manufacturing plant (g) scientific, research or medical laboratory (h) vehicle sales or rental establishment (i) warehouse (2) Zone Requirements ('SPCI-I' Zone) No person shall within the lands designated 'SPCI-I' 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 hectares (b) LOT FRONTAGE (minimum): 30.0 metres (c) YARD REQUIREMENTS (minimum): all as illustrated on Schedule "II" (d) BUILDING HEIGHT (maximum): 12 metres (e) OPEN STORAGE: no open storage shall be permitted in any yard. (f) LOT COVERAGE (maximum): 33 percent continued... Page 5 (g) PARKING REQUIREMENTS: 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; (2) For each establishment having any of the following uses, there shall be provided and maintained on the lot generating the requirement or on an abutting lot or lots a minimum of five (5) parking spaces for each 93 square metres or part thereof of gross leasable floor area of the establishment: financial institution furniture and major appliance sales home improvement centre vehicle sales or rental establishment (3) For each establishment having any of the following uses, there shall be provided and maintained on the lot generating the requirement or on an abutting lot or lots a minimum of one (1) parking space for each 56 square metres or part thereof of gross leasable floor area of the establishment: food preparation plant industrial or commercial equipment suppliers light manufacturing plant scientific, research or medical laboratory warehouse (4) Where parking spaces are to be provided on an abutting lot or lots, the oWner of the lot generating the requirement shall obtain an irrevocable easement for such purpose from the owner of the abutting lot or lots as the case may be and the Town shall be a party to this easement; (5) All parking areas shall be set back a minimum of 3 metres from any boundary separating lands zoned with a designation prefixed 'SPCI' from any other lands. (h) SPECIAL RESTRICTIONS: The location of points of street access to lands designated 'SPCI-I' on Schedule "I" of this By-law shall be restricted to that area designated 'access' on Schedule "II" of this By-law. 6. 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 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. continued... Page 6 (3) 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 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 any 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. 7. BY-LAW 3036 (1) 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 Schedules"I" and "II" attached hereto. (2) 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. 8. EFFECTIVE DATE This By-law shall take effect from the day of passing thereof subject to the approval of the Ontario Municipal Board, if required. READ A FIRST AND SECOND TIME THIS 3rd DAY OF July , 1984. READ A THIRD TIME AND PASSED THIS __ ,CMA y,O-. TO','.'. 3rd DAY OF July , 1984. SCHEDULE '~[' TO BY-LAW 3.787184 PASSED THIS DAY OF Ju3.~, 1984 YOR ~CLERK LF J I I 4t9,?- ~:,"o I Z. O~T I I I' I P.Y-,.4~ SCHEDULE']/' TO BY-LAW 1787/84 PASSED THIS 3rd DAY OF July CLERK