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HomeMy WebLinkAboutBy-law 1894/84THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 1894/84 Being a Zoning 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 18, Concession 1, in the Town of Pickering. (A 15/84) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the development on the subject lands of a trade centre, restricted light industrial uses, and residential medium density I uses on the subject lands being Part Lot 18, Concession l, 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: 1. SCHEDULES "I" AND "II" Schedules "I" and "II" hereto with notations and references shown thereon are hereby declared to be part of this By-law. 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Lot 18, Concession l, Pickering, designated "S-SD-SA", "M1-3" and "TC" 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) "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; "Dry Cleaning Establishment" shall mean of a building used for dry cleaning and but does not include a laundromat; a building or part related processes continued... Page 2 (3) (4) (6) a) "Dwelling" shall mean a building or part of a building containing one or more dwelling units, but does not include a mobile home or a trailer; b) "Dwelling Unit" shall mean one or more habitable rooms occupied or capable of being occupied as a single,independent and separate housekeeping unit containing a separate kitchen and sanitary facilities; c) "Dwelling Unit Area" shall mean the aggregate of the floor area of all habitable rooms of a dwelling unit; d) "Dwelling, Single or Single Dwelling" shall mean a dwelling containing one dwelling unit and uses accessory thereto; e) "Dwelling, Detached or Detached a single dwelling which is frees and detached from other main bui Dwelling" shall mean tanding, separate ldings or structures; f) "Dwelling, Semi-Detached or Semi-Detached Dwelling" shall mean one of a pair of singledwellings, such dwellings being attached together horizontally in whole or in part above and/or below grade; "Single Attached Dwelling" shall mean one of a group of not less than three single adjacent dwelling units, attached together horizontally by an above grade common wall. "Floor Area Non-Residential" shall mean the aggregate of the floor areas of all above and below grade storeys of all buildings and structures used for non-residential purposes, but shall exclude the floor area of any stairwells, elevators, and any part below established grade used exclusively for storage purposes; "Floor Area Residential" shall mean the area of the floor surface contained within the outside walls of a storey or part of a storey. "Gross Floor Area - Residential" shall mean the aggregate of the floor areas of all storeys of all buildings or structures used for residential purposes, other than a private garage, an attic or a cellar. d) "Dwelling Unit Area" shall mean the aggregate of the floor areas of all habitable rooms of a dwelling unit. "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. "Games Arcade" shall mean any building, 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 continued... Page 3 (7) (8) (9) lO) ll) (c) a combination of three or more games of chance and games of mixed chance and skill, for the amusement of the contrary to the Criminal include premises in which offered are pool tables, alleys; public, which games are not Code of Canada, but does not the only amusement facilities billiard tables or bowling '~Landscaped Open Space" shall mean a space on a lot which is open and unoccupied and is suitable for growing grass, flowers, bushes, shrubs or other landscaping plants and includes a waterway, walk, patio or similar space but does not include any portion of a parking aisle, parking space, ramp or driveway; 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; "Lot Covera§e[ shall mean the percentage of a 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 lime parallel to and 7.5 metres distant from the front lot line; "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 Manufacturin9 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; "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; "Place of Assembly" shall mean a building or part of a building in which facilities are provided for civic, educational, political, recreational, religious or social meeting purposes and may include facilities for entertainment purposes such as musical and theatrical performances, but shall not include a place of amusement or entertainment. Page 4 12) 13) 14) "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 302, as amended from time to time, or any successor thereto; "Private Garage" shall mean an enclosed or partially enclosed structure for the storage of one or more vehicles, in which structure no business or service is conducted for profit or otherwise; "Restaurant - Type B" shall mean a building or part of a building where food is prepared or offered or kept for retail sale to the public for immediate consumption in the building or buildings on the premises only; 15) "Scientific, Research or Medical Laboratory" shall mean (16) (17) (18) a building or part of a building where 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; "Trade Centre" shall mean a building or part of a building in which facilities are provided for the temporary exhibition, temporary storage and temporary associated sales of goods, wares, merchandise, articles, produce or things and may include a place of assembly and a restaurant - type B; "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 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 Tull 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; Page 5 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) (a) Uses Permitted ("S-SD-SA" Zone) No person shall within the lands designated on Schedule "I" hereto, use any lot or erect, use any building or structure for any purpose the following: (i) detached dwelling residential uses (ii) semi-detached dwelling residential uses (iii) single attached dwelling residential uses (b) Zone Requirements ("S-SD-SA" Zone) No person shall within the lands designated "S-SD-SA" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (i) LOT AREA (minimum): A for detached dwellings: 250 B for semi-detached dwellings: 225 C for single attached dwellings:2OO (ii) LOT FRONTAGE (minimum): A for detached dwellings: 9 metres B for semi-detached dwellings: 7.5 metres C for single attached dwellings:6.7 metres (iii) FRONT YARD DEPTH (minimum): 4.5 metres "S-SD-SA" alter or except square metres square metres square metres continued... Page 6 (iv) INTERIOR SIDE YARD WIDTH (minimum): (v) (vi) (vii) (viii) (ix) (x) (xi) A for detached dwellings: the other provided that side yard widths on the metres; minimum 1.2 metres one side, no minimum the aggregate of actual lot equal or exceed 1.8 B for semi-detached and single attached dwellings: 1.2 metres except that no interior side yard shall be provided on the side where dwellings are attached together, so long as every common wall extending along the side lot line separating such lots, or is not a direct extension thereof, shall be set back from the side lot line as follows: (I) 1.2 metres measured perpendicularly to such side lot line if no abutting side yard is provided on the abutting lot or, II) 0.6 metres measured perpendicularly to such side lot line if an abutting side yard is provided on the abutting lot; FLANKAGE SIDE YARD WIDTH (minimum): 2.7 metres REAR YARD DEPTH (minimum): 7.5 metres LOT COVERAGE (maximum): A for detached dwellings: B for semi-detached and single attached dwellings: 38 percent 40 percent BUILDING HEIGHT (maximum): 12 metres DWELLING UNIT REQUIREMENTS: A no less than 23 and not more than 55 dwelling units per hectare shall be permitted within the area designated "S-SD-SA" on Schedule "I" hereto. B maximum 1 dwelling unit per lot C minimum dwelling unit area 100 square metres; PARKING REQUIREMENTS: minimum one private garage per lot attached to the main building and located not less than six metres from the front lot line. SPECIAL REGULATIONS: the horizontal distance between buildings on adjacent lots, except if such buildings are attached together in whole or in part, shall be not less than 1.2 metres. continued... Page 7 (2) (a) Uses Permitted ("MI-3" Zone) No person shall within the land designated "M1-3" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: (i) business office (ii) dry cleaning establishment (iii) food preparation plant ('iv) light manufacturing plant (v) professional office (vi) scientific, research or medical (vii) warehouse (b) Zone Requirements ("MI-3" Zone) laboratory No person shall within the lands designated "M1-3" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (i) LOT AREA (minimum): 0.15 hectares (ii) LOT FRONTAGE (minimum): 30 metres (iii) FRONT YARD DEPTH (minimum): 12 metres (iv) SIDE YARD DEPTH (minima): A interior side yard: 4.5 metres B flankage side yard: 12 metres (v) REAR YARD DEPTH (minimum): 7.5 metres (vi) LOT COVERAGE (maximum): 50 percent (vii) BUILDNG HEIGHT (maximum): 12 metres (viii) OPEN STORAGE AND DISPLAY: no open display permitted in any yard. storage or shall be (ix) SUPPLEMENTARY PARKING REGULATIONS: A Notwithstanding Section 2.57 of By-law 3036, as amended, a parking space shall mean a usable and accessible space of not less than 15.9~ square metres for the temporary parking of a vehicle, but shall not include any portion of a parking aisle or driveway; B Section 5.21.2a) and Section 5.21.2b) of By-law 3036 shall not apply; C Notwithstanding Section 5.21.2g) of By-law 3036, as amended, all parking areas shall be paved. continued... Page 8 (3) (a) Uses Permitted ("TC" Zone) No person shall within the lands on Schedule "I" hereto, use any or use any building or structure except the following: designated "TC" lot or erect, alter for any purpose (i) Trade Centre (b) Zone Requirements ("TC" Zone) No person shall within the lands designated "TC" on Schedule "I" hereto use any tot or erect, alter or use any building or structure except in accordance with the following provisions: (i) YARD REQUIREMENTS (minimum): all as illustrated on Schedule "II" (ii) BUILDING HEIGHT (maximum (iii) OPEN STORAGE AND DISPLAY permitted in any yard 20 metres no open storage or display shall be (iv) LANDSCAPED OPEN SPACE: as illustrated on Schedule "II" (v) PARKING REQUIREMENTS (minimum): 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; B Parking shall be provided on the subject lands at a ratio of a minimum of lO.O parking spaces for each 93 square metres or part thereof of floor area non-residential, on the subject lands. (vi) SUPPLEMENTARY PARKING REGULATIONS: A Section 5.21.2a) and Section 5.21.2b) of By-law 3036, as amended, shall not apply; B Notwithstanding Section 5.21.2g) of By-law 3036, as amended, all parking areas shall be paved. (vii) SPECIAL RESTRICTION: vehicle parking, shall enclosed structure. take all Trade Centre activities, except place within an 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 continued... Page 9 (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). (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 or repetition of the offence by the person convicted. 7. 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. 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 DAY OF July · 1984. READ A THIRD TIME AND PASSED THIS 30th DAY OF July , 1984. PICKERING APPROVED AS TO FORM LEGAL DEPT. / 0 MI'3 TC '! r sc~rd)ULE T TO BY- LAW, PASSED THIS 30th DAY OF. July 1984 CLERK 1894/84 '! r 400m~ 0 I I C-YARD REQUIREMENTS SCFF_DULE ' Tr' TO BY- LAW PASSED THIS 30th DAY OF July 1984 CLERK ,,/ 1894/84 ~UBdECT