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HomeMy WebLinkAboutBy-law 1889/84THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 3889/84 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 Pickering deems it desirable to permit the development of a medical office facility on lands beino 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) Pickering, 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 (a) a medical dispensary, (b) facilities for medical, surgical, physiotherapeu~ or other human treatment, (c) medical testing and diagnostic facilities, but shall not include a body-rub parlour as defined in section 368 a(6) of The Municipal Act, R.S.O. 1980, Chapter 302, as 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) (9) (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): b) LOT FRONTAGE (minimum): c) FRONT YARD DEPTH (minimum): d) INTERIOR SIDE YARD WIDTH (minimum): e) FLANKAGE SIDE YARD WIDTH (minimum): f) REAR YARD DEPTH (minimum): g) BUILDING HEIGHT (maximum): h) OPEN STORAGE: 0.2 hectares 40 metres 7.5 metres 4.5 metres 4.5 metres 7.5 metres 12.0 metres no open storage shall be permitted in any yar~ 33 percent i) LOT COVERAGE (maximum): (j) 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; 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 lll4 square metres. TOWN OF PICi<ERiNG ~,, l,~/_D LEG&L DEPT 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, except that subsection 5.21.2 b) shall not apply to the area set out in Schedule "I" hereto. 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 formch 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 3Otb READ A THIRD TIME AND PASSED THIS 30th __ DAY OF JuZy , 1984 __ DAY OF JU~Y S].~84- CLER~K~ C. N /~. 0 PARTS 1,2,~,4,5, 40R -4975 SC'5 SHEPPARD AVE NUE SCHEDULE 'I' TO BY- LAW PASSED THIS. 30~ch DAY OF ,3u].y 1984 1889/84 CLERK C. N. R. SHEPPARD PROPERLY AVENUE THE CORPORATION OF THE TOWN OF PICKER]NG BY-LAW NUMBER ~889/84 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the Town of Picketing 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 Pickering. (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 beino Part Lot 28, Concession 1 (Parts 1,2,3, 4 and 5, Plan 40R-4975), in the lown 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) Pickering, 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; "Gross Leasable Floor Are~" 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 CoveraBe" 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. 198D, 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 (a) a medical dispensary, (b) facilities for medical, surgical, physiotherapeu~ or other human treatment, {c) medical testing and diagnostic facilities, but shall not include a body-rub parlour as defined in section 368 a{6) of The Municipal Act, R.S.O. 1980, Chapter 302, as amended from time to time, or any successor thereto; (s) (a) (b) (c) (d) (e) "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 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; continued... Page 3 (f) (g) (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 dimension of a side yard of a lot line and the nearest wall building or structure on the the shortest horizontal lot between the side of the nearest main 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): (b) LOT FRONTAGE (minimum): (c) FRONT YARD DEPTH (minimum): (d) INTERIOR SIDE YARD WIDTH (minimum): (e) FLANKAGE SIDE YARD WIDTH (minimum): (f) REAR YARD DEPTH (minimum): (g) BUILDING HEIGHT (maximum): (h) OPEN STORAGE: (i) (J) LOT COVERAGE (maximum): PARKING REQUIREMENTS: (]) 0.2 hectares 40 metres 7.5 metres 4.5 metres 4.5 metres 7.5 metres 12.0 metres no open storage shall be permitted in any yar 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; 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 lll4 square metres. TOWhJ OF PIC)<ERiNG Af:'FROVED LEG&L DEPT 6. BY-LAW 3036 fl) 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, except that subsection 5.21.2 b} shall not apply to the area set out in Schedule "I" hereto. 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 fl}, 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 subject to the approval of the Ontario required. READ A FIRST AND SECOND TIME THIS 30th DAY READ A THIRD TIME AND PASSED THIS 30th DAY ///-~ - MAYOR-~ .... day of passing thereof Municipal Board, if OF July, , 1984 OF JUly' ~..9/84. C L E ~,k// C. N B. PARTS 40R -4975 SC '5 SHEPPARD AVENt.~ SCHEDULE 'l' TO BY-LAW PASSED THIS 30~ch DAY OF 3uly 1984 CLERK CRT. ¢. N. R. SHEPPARD AVENUE PHOPERTY IIIilllllllllll