HomeMy WebLinkAboutBy-law 1842/84THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 1842/84
Being a By-law to amend Restricted Area
(Zoning) By-law 3036, as amended, to
implement the Official Plan of the Town
of Pickering District Planning Area
Region of Durham, in Part Lot 28,
Concession l, (Parts 1,2,3,4 and 5, Plan
40R-4975), in the Town of Picketing. (A 4/84)
WHEREAS the Council of the Corporation of the Town of Picketing
deems it desirable to permit the development of a medical office
facility on lands being Part Lot 28, Concession 1 (Parts 1,2,3,
4 and 5, Plan 40R-4975), 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 PICKERING
HEREBY ENACTS AS FOLLOWS:
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 28, Concession l, (Parts 1,2,3,4 and 5, Plan 40R-4975)
Picketing, designated "SC-5" 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) (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
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;
(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...
Page 2
(2)
(3)
(4)
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 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;
"Medical Dispensary" shall mean an area of not more than
150 square metres gross leasable floor area containing
facilities where pharmaceutical prescriptions are compounded
and dispensed for the public by a pharmacist licensed
pursuant to the Health Disciplines Act, R.S.O. 1980,
Chapter 196 as amended from time to time, or any successor
thereto, and where medicine, medical supplies and associated
merchandise is stored, displayed and offered for retail
sale to the public;
"Medical Office Facility" shall mean a building or part
of a building in which professional medical services other
than veterinary services are performed to human beings,
and includes
but
section
302, as
(a) a medical dispensary,
(b) facilities for medical, surgical, physiotherapeutic
or other human treatment,
(c) medical testing and diagnostic facilities,
shall not include a body-rub parlour as defined in
368 a(6) of The Municipal Act, R.S.O. 1980, Chapter
amended from time to time, or any successor thereto;
(5)
(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
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 3
(f)
(h)
"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;
"Flankage 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. (1) Uses Permitted "SC-5" Zone
No person shall, within the lands designated "SC-5" on
Schedule "I" hereto, use any lot or erect, alter or use
any building or structure for any purpose except the
following:
(a) medical office facility.
(2) Zone Requirements "SC-5" Zone
No person shall within the lands designated "SC-5" 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): 0.2 hectares
(b) LOT FRONTAGE (minimum): 40 metres
(c) FRONT YARD DEPTH (minimum): 7.5 metres
(d) INTERIOR SIDE YARD WIDTH (minimum):
YARD WIDTH
DEPTH (minimum):
(maximum):
(e) FLANKAGE SIDE
(minimum):
(f) REAR YARD
(g) BUILDING HEIGHT
(h) OPEN STORAGE:
(i)
(J)
LOT COVERAGE (maximum):
PARKING REQUIREMENTS:
4.5 metres
4.5 metres
7.5 metres
12.0 metres
no open storage
be permitted in
33 percent
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;
shall
any yard
continued...
Page 4
(2) There shall be provided and maintained a
minimum of five (5) parking spaces for each
93 square metres or part thereof of gross
leasable floor area.
(k) SPECIAL RESTRICTIONS:
The gross floor area of a medical office facility
on the lands designated "SC-5" on Schedule "I" shall
not exceed 557 square metres.
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.
TOWN OF
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~ch 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 othe 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.
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 DAY OF
, 1984
READ A THIRD TIME AND PASSED THIS DAY OF
/-- MAYO~ - ~ ' /CLERK
1984.
FARTS 1,2,5,4,5,
40R -4975
SC '5
SHEPPARD AVENUE
SCHEDULE 'I' TO
PASSED THIS
DAY OF,
BY- LAW
1984
1842/84
CLERK
PROPERTY
, I I
AVENUE