HomeMy WebLinkAboutBy-law 1810/84THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 1810/84
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 29, Range 3, Broken Front
Concession, in the Town of Pickering (A 32/83)
WHEREAS the Council of the Corporation of the Town of Pickering deems
it desirable to permit the establishment of certain commercial uses
in addition to restricted light industrial uses on the subject lands,
being part of Lot 29, Range 3, Broken Front Concession;
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
AREA RESTRICTED
The provisions of this by-law shall apply to those lands in part
of Lot 29, Range 3, Broken Front Concession, Pickering, designa-
ted "SC-2" on Schedule "I'~ attached hereto.
o
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.
DEFINITIONS
In this By-law:
"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;
(2)
'~Dr~ Cleaning Establishment" shall mean a building or
part of a building used for dry cleaning and related
processes but does not include a laundromat;
(3)
"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
continued...
(4)
(5)
(6)
(7)
(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, stair-
wells, 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;
"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
distribution to retail or institutional outlets.
"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;
"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;
(8) "Industrial or Commercial Equipment Suppliers" 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;
(9)
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 subdivision;
b)
"Lot Coverage" shall mean the percentage of a lot area
covered by all buildings on the lot;
c)
"Lot Fronta.ge" 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;
(a)
"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.
(b)
"Light Manufacturin~ Plant" shall mean a manufacturing
plant used for:
(i)
the production of apparel and finished textile
products other than the production of synethetic
fibres;
continued...
o
(11)
(12)
(13)
(14)
(15)
(]6)
(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, procelain, earthenware, glassware
or similar articles, including but not necessarily
restricted to, furniture, housewares, toys,
musical instruments, jewellery, watches, precision
instruments, radios and electronic components;
"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;
"Restuarant, Tspe B" shall mean a building or part of a
building where food is prepared or offered or kept for
retail sale to the public for immediate consumption in
the building or buildings on the premises only;
"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;
"Scientific, Research or Medical Laborators" shall mean 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 Sales or Rental Establishment" shall mean an
establishment having as its main use the sale, service, rent
or lease of vehicles, and which may include an accessory
vehicle repair shop, but shall not include any establishment
engaged in the retail sale of motor vehicle fuels;
"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;
continued...
(t7)
a)
b)
c)
d)
e)
f)
g)
(h)
"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.
"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.
"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.
"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.
"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
tot line and the nearest wall of the nearest main
building or structure on the lot.
"Flanka9e 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.
5. PROVISIONS
(1) (a) Uses Permitted ("SC-2" Zone)
within the land
No person shall designated
Schedule "I" hereto, use any lot or erect, alter
any building or structure for any purpose except
following:
(i) business office
(ii) dry cleaning establishment
(iii) financial institution
(iv) food preparation plant
(v) furniture or major appliance
(vi) home improvement centre
sales
"SC-2" on
or use
the
continued...
¸6.
(vii) industrial or commercial equipment
(viii) light manufacturing plant
(ix) professional office
(x) restaurant, type B, subject to the
paragraph (1)(b)(ix)A of this section
(xi) sales outlet subject to the provisions
(1)(b)(ix)B of this section
suppliers
provisions of
of paragraph
(xii) scientific, research or medical laboratory
(xiii) vehicle sales or rental establishment
(xiv) warehouse
{b) Zone Requirements ("SC-2" Zone)
No person shall within the lands designated "SC-2" on
Schedule "I" hereto, use any lot or erect, alter or use
any building or structure except in accordance with the
following provisions:
(i) LOT AREA (minimum): 0.4 hectares
(ii) LOT FRONTAGE (minimum): 30 metres
(iii) FRONT YARD DEPTH (minimum): 12 metres
(iv) SIDE YARD WIDTH (minima):
A interior side yard: 4.5 metres
B flankage side yard: 12 metres
(v) REAR YARD DEPTH (minimum): 7.5 metres
(vi) LOT COVERAGE (maximum): 40 percent
(vii) BUILDING HEIGHT (maximum): 12 metres
(viii) OPEN STORAGE OR DISPLAY:
A No open storage shall be permitted in any yard
B No display except the display of automobiles
or trucks in association with a vehicle sales
or rental establishment, shall be permitted in
any yard.
(ix) SPECIAL RESTRICTIONS:
A The gross floor area of all type B restaurants
on a lot shall not exceed 35% of the gross floor
area of all buildings on the lot.
B Sales outlets are permitted uses only if accessory
to food preparation plants, light manufacturing
plants or warehouses, and providing the gross
floor area of the sales outlet does not exceed
20% of the gross floor area of the food
preparation plant, light manufacturing plant
or warehouse.
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.
continued...
(2)
(3)
Where a corporation is convicted under subsection (1),
the maximum penalty that may be imposed is,
(a) on the first conviction a fine of not more than
$50,000; and
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 section (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
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.
8. EFFECTIVE DATE
This By-law shall take
subject to the approval
required.
effect from the day of passing thereof
of the Ontario Municipal Board, if
READ A FIRST AND SECOND TIME THIS 2nd DAY OF April
, 1984.
READ A THIRD TIME AND PASSED THIS 2nd DAY OF A~ril
· 1984.
' - ×(~LERK
SC '2
SCHEDULE 'I' TO BY-LAW
PASSED THIS 2nd
DAY OF April ~84
1810/84