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HomeMy WebLinkAboutBy-law 1881/84THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 1881/84 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, on Lots 3 and 4, Plan 316 in the Town of Pickering. (A1/83) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the development of a vehicle repair shop on the subject lands being Lots 3 and 4, Plan 316, designated "CA-4" on Schedule "I" attached hereto; 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" attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. o AREA RESTRICTED The provisions of this By-law shall apply only to those lands being Lots 3 and 4, Plan 316, Pickering, designated "CA-4" on Schedule "I" attached hereto. 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. o DEFINITIONS In this By-law, (1) "Body Shop" shall mean an establishment primarily engaged in repairing or painting vehicle bodies; (2) (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, stairwells, elevators, and any part of the building below established grade other than that used for retail commercial or office purposes. continued... Page 2 3) 4) 5) "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. "Lot Coverage" shall mean the percentage of lot area covered by all buildings on the lot; "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; "Vehicle Repair Shop" shall mean an establishment containing 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; (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 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; (g) "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. continued... Page 3 PROVISIONS (1) Uses Permitted ("CA-4" Zone) No person shall within the lands designated "CA-4" on Schedule "I" attached hereto, use any lot or erect, alter or use any building or structure for any purpose except for the following: (a) vehicle repair shop. (2) Zone Requirements ("CA-4" Zone) No person shall, within the lands designated "CA-4" on Schedule "I" attached hereto, use any lot or erect, alter or use any building or structure except in compliance with the following provisions: a) SETBACK REQUIREMENTS (minimum): i) The boundary of the land designated "CA-4" on Schedule "I" which abuts Highway No. 2 (Kingston Road) shall be deemed to be the front lot line and the minimum setback of any building or structure, except a sign from the front lot line shall be 15.0 metres. ii) The boundary of the land designated "CA-4" on Schedule "I" not abutting streets or highways shall be deemed to be the rear lot line and the minimum setback of any building or structure from the rear lot line shall be 3.0 metres. iii) All other boundaries of the land designated "CA-4" on Schedule "I" shall be deemed to be side lot lines and the minimum setback of any building or structure, except a sign, from the side lot line shall be 9.0 metres. b) BUILDING HEIGHT (maximum): 12 metres c) LOT COVERAGE (maximum): 33% (d) 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) There shall be provided and maintained on the subject lands a minimum of 3.5 parking spaces for each 93 square metres or part thereof of gross leasable floor area. (e) OPEN STORAGE: no open storage shall be permitted 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. Page 4 (2) (3) 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 each day or part thereof upon which the contravention has been continued after the day on which the corporation was first convicted. and not as provided in subsection (1). 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. 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 with the exception of subsection 5.21.2(b) which shall not apply to the area set out in Schedule "I" attached hereto. EFFECTIVE DATE This By-law shall take effect subject to the approval of the required. from the day of passing thereof Ontario Municipal Board, if READ A FIRST AND SECOND TIME THIS 3rd DAY OF July , 1984. READ A THIRD TIME AND PASSED THIS 3rd DAY OF July , 1984. MA'fOR - ~w ' CL~RK>/ ? TOWN OF PIC:KERING APPROVED AS TO FOR~ LEGAL .D. EPT. LOT 4Z LOT ~ LOT CA'4 ~ SCHEDULE ']7 TO BY-LAW-1883'/84 - PASSED THIS. 3~:c1 _ DAY OF _ ,~u:i.y .. 1984 CLERK ■ 1 s i 11., 1 �f ._.• ,_)11 \ ,i---- I ' lik_ -______--- Y, _ 1 g �IMCM AVENUE 1 Il 0-1--ao i :iii K o . • -- c ��� o .. ...... ..... . ......, ., . 1..., 1 O 'i t L Q im . it I - - ;.;-i ,. . Z SUBJECT PROPERTY I • i;%%1 rfr 0. II>, te .. /� IS. e N + 1 ���,•5 • .II! IIIA � • //i:Iiiiiii:11111:�llll� � , ll�l��lili�lJ1111►► r ::; . , 1 i1�1111g iiii H X1111MR 11111 ► 1111111/111111 rgio• � illl �OIEFENBNcrR�L�• ESPN . 0 i/ r 4 PP f'KwpY r # l SCHEDULE 2(i ) The purpose and effect of the by-law is to permit the devel- opment of 1 , 550 square metres of commercial GO Transit support facilities in addition to the uses presently permit- ted . • 0 SCHEDULE 2(11) KEY MAP s ir -~ r f f ...\____ _ ... c%1111% ir V . 11171 - r°177111 /, f PIMCM I►VE NUE 4 I I I ' ) r---- Iii:T1T- ' , . ROAD ,,....-s.,_, p i =III _R __T_ o I I i ::_t,-- • ,,3 1 11 • j+ , . 2 SUBJECT' 11 -.4 PROPERTY * 0017 ilif, 1 X15 w�ct•S IIti M���X111 Illi //ill,- �1�11�111 r 0100 ,10..1103 . g al /111 Mill �1111��� 1��11► 111111' i = aIIIIIIIIII _ - ■1111111111 .11 IuIi•1111lilli 1 . Hi,IIIIUIIIIIIII DIEFEN BARER Cla\ R'f. MJ0000 lio C V ESP1J' 1 i. 4 W t AR K`NA� ©t....P y I 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 1881/84 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. �7 r G.D. Cateron acting on behalf of Chief Planning Officer This Schedule 3 is issued to the Town of Pickering for By-law 1881/84 pursuant to Ontario Regulation 78/80 , a regulation made under The Planning Act .