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HomeMy WebLinkAboutBy-law 1802/84THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 1802/84 Being a Zoning By-law to amend Restricted Area By-law 3036, as amended, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham, in Part Lot 18, Concession 1, in the Town of Pickering. (A21/78) WHEREAS the Council deems it desirable of a local central of the Corporation of the Town of Pickering to permit the development on the subject lands area comprising various commercial establishments; 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" hereto with notations and references is hereby declared to be part of this By-law. shown thereon 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Lot 18, Concession 1, Pickering, designated "LCA-I" 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, l) "AssemblS 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) "Bakers" shall mean a building or part of a building in which food products are baked, prepared and offered for retail sale, or in which food products baked and prepared elsewhere are offered for retail sale; 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 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. continued... Page 2 (4) (7) (8) (9) lO) "Commercial Club" shall mean an athletic, recreational or social club operated for gain or profit and having public or private membership; "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 recreational 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; "Commercial School" shall mean a school which is operated for gain or profit and which 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; "Dry Cleanin9 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 a building in which money is deposited, kept, lent or exchanged, and which includes a chartered bank or a branch thereof; of "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; "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. ll) "Gross Retail and Personal Service Floor Area" shall mean 12) 13) 14) the gross retail and personal service floor area 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; "Laundromat" shall mean a self-serve clothes washing establishment containing washing, drying, ironing, finishing or other incidental equipment; "Lot Coverage" shall mean the percentage of lot area covered by all buildings on the lot; "Personal Service Shop" 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 bodyrub parlour as defined in the Municipal Act, R.S.O. 1980, Chapter 302, as amended from time to time, or any successor thereto; continued... Page 3 lB) 16) 17) 18) (19) (2O) "Private Club" shall mean an athletic, recreational or social club not operated for gain or profit and having private membership; "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; "Public Club" shall mean an athletic, recreational or social club not operated for gain or profit and having public membership; "Restaurant-Type A-I" 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 and where, if liquor is to be served therein, it shall be served only pursuant to a dining lounge licence or a dining room licence issued by the Liquor Licence Board of Ontario. "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 public; (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 ~rom 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. continued... Page 4 (g) (h) "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. (i) "Interior Side Yard" shall mean a side yard other than a flankage side yard. PROVISIONS (1) Uses Permitted ("LCA-I" Zone) No person shall within the lands designated "LCA-I" on Schedule "I" hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (a) assembly hall (b) bakery (c) business office (d) commercial club (e) commercial-recreational establishment (f) commercial school (g) dry cleaning depot (h) financial institution (i) food store (j) laundromat (k) personal service shop (1) private club (m) professional office (n) public club (o) restaurants-type A-1 (p) retail store (2) Zone Requirements ("LCA-I" Zone) No person shall within the lands designated "LCA-I" on Schedule "I" hereto use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (a) FRONT YARD DEPTH (minimum): 15 metres (b) INTERIOR SIDE YARD WIDTH (minimum): (c) FLANKAGE SIDE YARD WIDTH (minimum): (d) REAR YARD DEPTH (minimum): (e) LOT COVERAGE (maximum): (f) BUILDING HEIGHT (maximum): 15 metres 15 metres 15 metres 33 percent 12 metres continued... Page 5 (g) GROSS RETAIL AND PERSONAL SERVICE FLOOR AREA (maximum): 5575 square metres, unless a food store having a minimum gross retail and personal service floor area of 4181 square metres exists on the lot, in which case the maximum gross retail and personal service floor area shall be 6968 square metres. (h) PARKING REQUIREMENTS: (i) 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; (ii) parking shall be provided on the subject lands at a ratio of a minimum of 5.0 parking spaces for each 93 square metres or part thereof of gross leasable area on the subject lands. 6. 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 Schedule "I" 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. 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 or 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), 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). (3) 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. continued... Page 6 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 19th DAY OF March , 1984. READ A THIRD TIME AND PASSED THIS 19th DAY OF March , 1984. TOWN CF PICKERi~:G AS 1'0 '~'-'~ ./ LCA'I SCHEDULE']:' TO BY-LAW 1802/84 PAS ~:D THIS 19th. DAY OF Ma=ch , 1984 PROPERTY Schedule 3 STATEMENT OF CONFORMITY TO THE OFFICIAL PLAN FOR THE REGIONAL MUNICIPALITY OF DURHAM I , Mofeed Michael , the Chief Planning Officer of The Regional Municipality of Durham, have reviewed By-law 1802/84 of the Town of Pickering. . I am of the opinion that this By-law is in conformity with the Official Plan in effect for the Durham Planning Area . Dated this 5th day of April , 1984. Dr . M. Michael , M.C . I . P . Commissioner of Planning This Schedule 3 is issued to the Town of Pickering for By-law 1802/84 pursuant to Ontario Regulation 78/80, a regulation made under the Planning Act .