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HomeMy WebLinkAboutBy-law 1866/84THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 1866/84 Being a Zoning By-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the Town of Picketing District Planning Area, Region of Durham, in Part Lot 18, Concession l, in the Town of Picketing. (A 25/82) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the establishment of light industrial uses and certain commercial uses on the subject lands, being Part of Lot 18, Concession l, in the Town of Pickering; AND WHEREAS an amendment to By-law 2511, 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. AREA RESTRICTED The provisions of this By-law shall apply to hose lands Lot 18, Concession 1, Pickering, designated "MC-3" on Schedule "I" attached hereto. in 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: (1) "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) "Dry Cleanin9 Establishment" shall mean a building or part of a building used for dry cleaning and related processes but does not include a laundromat; continued... Page 2 (3) (4) (5) (6) (7) "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 (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; (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 a bui baked distr Preparation Plant" shall mean a building or part of lding in which processed food products are cooked, , mixed, packaged or otherwise prepared for ibution to retail or institutional outlets. (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'l 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) "Manufacturin~ 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 Manufacturing Plant" shall mean a manufacturing ~lant used for: (i) the production of apparel and finished textile products other than the production of synthetic fibres; (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, 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; continued... Page 3 (8) (9) (10) (11) (12) (13) "Merchandise Service Shop" shall mean an establishment where articles or goods including, but not necessarily limited to, business machines, appliances, furniture or similar items, are repaired or serviced, and includes the regular place of business of a master electrician or master plumber, but shall not include a manufacturing plant, or any establishment used for the service or repair of vehicles or a retail store. "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 202, as amended from time to time, or any successor thereto; "Sales Outlet" shall mean a building or part of a building accessory to a light manufacturing plant, a food preparation plant, merchandise service shop, 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 Laboratory" 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; "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; (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 shorest 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. continued... Page 4 (e) (f) (g) (h) "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 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. PROVISIONS (1) Uses Permitted ("MC-3" Zone) No person shall within the lands designated "MC-3" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure for any purpose, except the following: the medical laboratory (a) business office {b) dry cleaning establishment (c) financial institution (d) food preparation plant (e) light manufacturing plant (f) merchandise service shop (9) professional office (h) sales outlet subject to (i) scientific, research or (h) warehouse (2) Zone Requirements ("MC-3" Zone) provisions of Section 5(2)(j) No person shall within the lands designated "MC-3" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure except in accordance with the following provisions: 0.4 hecLares 30 metres (minimum): 12 metres (a) LOT AREA minimum): (b) LOT FRONTAGE (minimum): (c) FRONT YARD DEPTH continued... Page 5 (d) SIDE YARD WIDTH (minimum): 4.5 metres (e) REAR YARD DEPTH (minimum): 7.5 metres (f) LOT COVERAGE (maximum): 45 percent (§) BUILDING HEIGHT (maximum): 12 metres (h) OPEN STORAGE OR DISPLAY: no open storage or display shall be permitted in any yard. (i) PARKING REQUIREMENTS: (1) 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) There shall be provided and maintained a minimum of 2.1 parking §paces for each 93 square metres or part thereof of gross leasable floor area (j) SPECIAL RESTRICTIONS: Sales outlets are permitted uses only if accessory to food preparation plants, light manufacturing plants, merchandise service shops or warehouses, and providing the aggregate of the gross leasable floor area of all the sales outlets does not exceed 20 percent of the gross leasable floor area of all the buildings on the lot. 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 the 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). continued... Page 6 (3) 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 of repetition of the offence by the person convicted. 7. BY-LAW 2511 (1) By-law 2511, as amended, hereby further amended only 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. to (2) Definitions and subject matters not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 2511, 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 3r8 DAY OF July · 1984. READ A THIRD TIME AND PASSED THIS 3rd DAY OF July , 1984. CLERK TOWN OF PIOi,',Ei~!NG BAYLY MC '3 I STREET SCHEDULE 'I' TO BY-LAW PASSED THIS. 3rd DAY OF 3~i~ 1984 \, ~AYOR CLERK 1866/84 IIIh1IIIIMasaU 11111 I DP( • .. - i0111ll■ILII • AOVnillOw.---‘40. v::: ,,,..--------------111go 0 1 SI.i. 1 , . .. . .. . . t :.:.::,:.......::::,;.: SUBJECTY PROPERTY PLUMY R TR aL T 4.:•1'.-1.:::•;;•.? L a. P- I 'll ' AY LY ST R ii 1 I 1 11 r . , IN , z I - ORAROOk ) • InVIMill 1 aiffIr Y T _ I 1 1 I 1 . 1 R 1 1 1 1 I f 1 %\_ CLEMENTS ROAD l j 4 oi 1 Y1 . ..I g 1 w \ V SCHEDULE 2( i ) fiThe purpose and effect of the by-law is to permit various industrial and associated commercial uses on the subject lands. • ii U Schedule 3 STATEMENT OF CONFORMITY TO THE OFFICIAL PLAN FOR ' THE REGIONAL MUNICIPALITY OF DURHAM I , Gerry Cameron acting on behalf of Dr. M. Michael , the Chief Planning Officer of The Regional Municipality of Durham, have reviewed By-law 1866/84 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 12th day of July , 1984. f6 __. G.D. Cameron acting on behalf of Chief Planning Officer This Schedule 3 is issued to the Town of Pickering for By-law 1866/84 pursuant to Ontario Regulation 78/80, a regulation made under The Planning Act.