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Home My WebLink AboutBy-law 1825/84THE CORPORATION OF THE TOWN OF PICKERING BY-LAW 1825/84 Being a By-law to amend Restricted Area (Zoning) By-law 3036~ ~s 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, (Parts 2, 3, 4 and 5, Plan 40R-580g) in the Town of Pickering (A3/84). WHEREAS the Council of the Corporation of the Town of Picketing deems it desirable to permit the development of a car wash and certain commercial uses on lands being Part Lot 29, Range 3, Broken Front Concession, (Parts 2, 3, 4 and 5, Plan 40R-5809), in the Town of Picketing. AND WHEREAS an amendment to By-law 3036, as amended, is there- fore deemed necessary. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: l, SCHEDULE "I" Schedule "I" 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 Part Lot 29, Range 3, Broken Front Concession, {Parts 2, 3, 4 & 5, Plan 40R-5809) Pickering, designated "CN-I" on Schedule "I" attached hereto. 3. GENERAL PROVISIONS No building, land o~ 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) "Body Shop" shall mean an establishment primarily engaged in repairing or painting vehicle bodies. {2) "Car Wash" shall mean a building or structure containing facilities specifically used or intended to be used for washing vehicles either by production line methods em- ploying mechanical devices or by hand. {3} {a} "Floor Area" shall mean the area of the floor surface contained within the outside walls of a storey. (b) "Gross Floor Area" shall mean the aggregate of the floo 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 establishl grade other than that used for retail commercial or office purposes. (c} "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. continued ... Pa ge 2 (4) (5) (6) {7) (8) (g) (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; (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 between the side lot lines measured along a line parallel to and 7.5 metres distant from the front lot line; "Restaurant-Type A" 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. "Structure Height" shall mean the vertical distance between the established grade and the highest point of the structure. "Vehicle Repair Shop" shall mean an establishment con- ~aining facilities for the repair and maintenance of vehicles on the premises, in which vehicle accessories are sold and vehicle maintenance and repair operations are performed in return for remuneration, but shall not include a body shop or any establishment engaged in the retail sale of vehicle fuels; "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; (a) "Yard" shall mean an area of land which is appurtenant to ~ 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" ~hall mean a yard extending across the loll 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; (9) (g) Pa ge 3 "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. 5. (1) Uses Permitted "CN-l" Zone No person shall, within the on Schedule "I" hereto, use use any building or structure following: (a) car wash (b) restaurant type 'A' (c) vehicle repair shop {d) vehicle sales or rental lands designated, "CN-I" any lot or erect, alter or for any purpose except the es ta bl i s hment (2) Zone Requirements - "CN-I" Zone No person shall within the lands designated "CN-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) : 0.4 hectares {b) LOT FRONTAGE {minimum) : 45 metres {c) FRONT YARD DEPTH (minimum) : 13.5 metres (d) INTERIOR SIDE YARD DEPTH (minimum) : 3.0 metres except that no interior side yard shall be required adjacent to the parcel of land designated "CA{C)" in By-law 1740/83 (e) REAR YARD DEPTH (minimum) except where there is a car the minimum rear yard depth 18.0 metres. (f) BUILDING HEIGHT (maximum) (g) STRUCTURE HEIGHT (maximum) (h) OPEN STORAGE : 7.5 wash when shall be {i) LOT COVERAGE (maximum} metres : 12.0 metres : 12.0 metres : no open storage shall be permitted in any yard : 33 percent 6. BY-LAW 3036 (1) (2) 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 within 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 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 (l), the maximum penalty that may be ~mposed 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 repe- tition of the offence by the person convicted. 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 ?th DAY OF May , 1984 READ A THIRD TIME AND PASSED THIS 3rd DAY OF July /, 1984 ~ ~'- ' - ' "CLERK / / / TOWN OF PICKERING APFROVED CN '1 =740/ SCHEDULE 'T' TO BY- LAW PASSED THIS, 3~:cl DAY OF. J,u~.¥ 1984 • I mom■ Vpill s 11111 ..0"!p - ,`� i I ■■ _Lii _ III1111/ Ir. = MU -' '=��1 miNGIN • = _= =kram : Ilt; ia I EI L k„, WEYBURN NATIONAL RAILWAYS I I 11//1111 , 1 1 Mel pl11.9111.11110. .10 ow . .,. . 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