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HomeMy WebLinkAboutBy-law 1893/84THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 1893/84 Being a Zoning By-law to Amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham, in Part Lot 19, Concession l, (Parts l, 2, 4 and 5, Plan 40R-4754) in the Town of Pickering. (A 21/84) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the establishment of industrial ~nd certain commercial uses on the subject lands, being Part Lot 19, Concession l, (Parts 1,2,4 & 5, Plan 40R-4754) 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. 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part Lot 19, Concession 1, (Parts 1, 2, 4 and 5, Plan 40R-4754), Pickering, designated "MC-4" 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: l) "Assembly Hall" shall mean a building or part of a building in which facilities are provided for purposes such as civic, educational, political, religious or social meetings and may include an auditorium or a banquet hall, but shall not include a place of amusement or entertainment; 2) "Bakery" shall mean a building or part of a building in which food products are baked, prepared and offered for retail sale, or in which food products baked and prepared elsewhere are offered for retail sale; continued... Page 2 (3) (4) (5) (6) (7) (8) (9) (10) 'Bod S o,p" shall mean an establishment primarily engaged in repairing or painting vehicle bodies; "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; "Commercial Club" shall mean an athletic, recreational or social club operated for gain or profit and having public or private membership; "Commercial-Recreational Establishment" shall mean a commercial establishment in which indoor recreational facilities such as bowling alleys, miniature golf courses, roller skating rinks, squash courts, swimming pools and other similar indoor recreational facilities are provided and operated for gain or profit, and may include an arena or a stadium but shall not include a place of amusement or entertainment as defined herein. "Dr_~_ Cleaning Depot" shall mean a building or part of a building used for the purpose of receiving articles, goods, or fabrics to be subjected to dry cleaning and related processing elsewhere, and of distributing articles, goods or fabrics which have been subjected to any such processes. ]~rs Cleaning Establishment" shall mean a building or part of a building used for dry cleaning and related processes but does not include a laundromat. (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 Preparation Plant" shall mean a building or part of a building in which processed food products are cooked, baked, mixed, packaged or otherwise prepared for distribution to retail or institutional outlets; (11) "Games Arcade" shall mean any builGing,room or area in which are offered facilities for the play of: (a) three or more games of chance; (b) three or more games of mixed chance and skill; or (c) a combination of three or more games of chance and games of mixed chance and skill, for the amusement of the public, which games are not contrary to the Criminal Code of Canada, but does not include premises in which the only amusement facilities offered are pool tables, billiard tables or bowling alleys. continued... Page 3 (12) 13) 14) ]6) 17) (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 covered by all buildings on the lot; (c) "Lot ~rontage" 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. "Laundromat" shall mean a self-serve clothes washing establishment containing washing, drying, ironing, finishing or other incidental equipment. (a) "Manufacturin9 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 Manufacturin~ Plant" shall mean a manufacturing plant used for: (i the production products other fibres; of apparel and finished textile than the production of synthetic (ii (iii printing or duplicating; the manufacture of finished paper processing of wood pulp; other than (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; "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; "Place of Amusement or Entertainment" shall mean a building or part of a building in which facilities are provided for amusement or entertainment purposes, and which may include a billiard or pool room, a dance hall, a music hall, or a theatre, but shall not include a games arcade. "Private Club" shall mean an athletic, recreational or social club not operated for gain or profit and having private membership; continued... Page (lB (19 (2O (21 (22 (23 (24 (25 (26 "Professional Office" shall mean a building or part of a ~uilding 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 302, as amended from time to time, or any successor thereto; "Public Club" shall mean an athletic, recreational or club not operated for gain or profit and having public membership; social "Restaurant~ A" shall mean a building or part of a ~-~Ti~ere f~ 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. "Retail Store" shall mean a building or part of a building where goods, wares, merchandise, foods, substances, articles or things are stored, kept and offered for retail sale to the public, but does not include any establishment otherwise defined herein; "Sales Outlet" shall mean a building or part of a building accessory to a light manufacturing plant, a merchandise service shop, a food preparation plant 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 Laborator~(_~ 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. "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. "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 ~f 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 D~pth" 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 on the lot. continued... (d) Page 5 mRear Yard" shall mean I yard extending across the ~'11 width of ~ lot between the rear lot ltne of the lot or, where there ts flo rear lot 11ne, the Junctton potnt of the stde lot 1tries, and the nearest wall of the nearest math butldtng or structure on the lot. (el (fl (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 yard immediately ~djoining a street or abutting on a reserve on the opposite side of which is a street. {il "Interior Side Yard" shall mean a side yard other than a flankage side yard. 5. PROVISIONS (1) (al Uses Permitted ("MC-4" Zone) No person shall within the land designated "MC-4" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: (il assembly hall (ii) bakery (iii) business office (iv) commercial club (v) commercial-recreational establishment (vi) dry cleaning depot, subject to the provisions of Section (1)(b)(viii)C (vii) dry cleaning establishment (viii) food preparation plant (ix) light manufacturing plant (x) merchandise service shop (xi) private club (xii) professional office (xiii) public club {xiv) restaurant, type A, subject to the provisions of Section (1)(b)(viii)A (xv} sales outlet, subject to the provisions of Section (1)(b)(viii)B (xvi) scientific, research or medical laboratory (xvii) vehicle repair shop {xviii) warehouse (b) Zone Requirements ("MC-4" Zone) No person shall within the lands designated "MC-4" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (il LOT AREA (minimum): 0.4 hectares (ii) LOT FRONTAGE (minimum): 45 metres continued... Page 6 (iii) (iv) (vi) (vii) (viii) SETBACK REQUIREMENTS (minimum): The boundary of the land designated "MC-4" on Schedule "I" which abuts Bayly Street (Regional Road No. 22) 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 12 metres. B The boundary of the land designated "MC-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 7.5 metres. C All other boundaries of the land designated "MC-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 4.5 metres. BUILDING HEIGHT (maximum): 12 metres LOT COVERAGE (maximum): 45 % PARKING REQUIREMENTS: A 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; 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. OPEN STORAGE: no open storage shall be permitted in any yard. SPECIAL RESTRICTIONS: A The gross floor area of all type A restaurants on a lot shall not exceed 35% of the gross floor area of all buildings on the lot. Sales outlets are permitted uses only if accessory to food preparation plants, light manufacturing plants, merchandise service shops or warehouses, and providing the gross floor area of the sales outlet does not exceed 20% of the gross floor area of the food preparation plant, light manufacturing plant, merchandise service shop or warehouse. Dry Cleaning depots are permitted uses only if accessory to dry cleaning establishments and providing the gross floor area of the dry cleaning depot does not exceed 20% of the gross floor area of the dry cleaning establishment. continued... Page 7 6. 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 of 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 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 section (1), in addition to any other remedy or any penalty by law, the court in which the convention 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. 7. BY-LAW 2511 (1) By-law 2511 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 2511, as amended with the exception of subsection 5.21.2b) which shall not apply to the area set out in Schedule "I" attached hereto. (3) By-laws 201/75 and 1241/81 amending By-law 2511 are hereby revoked. 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 30th DAY READ A THIRD TIME AND PASSED THIS 30th DAY OF July 0 F July , 1984. · 1984. 0 J ~ARTS ~ ~,4 40R- 4754 MC '4 BAYLY ROAD SCHEDULE 'I' TO BY- LAW PASSED THIS, 30th DAY OF July 1984 1893/84 CLERK PROPERTY