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HomeMy WebLinkAboutBy-law 1612/83THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 1612/83 Being a Restricted Area 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, in Block A, Part Block B, Plan M-998, (Parts 1-16, inclusive, Plan 40R-7347) in the Town of Pickering. WHEREAS the Council of the Corporation of the Town of Pickering passed By-law 158/75, amending By-law 3036 to permit the establishment of various commercial operations on the subject lands, being Block A and Block B, Plan M-998, and Part of Lot 22, Concession 1, in the Town of Pickering; AND WHEREAS the Council of the Corporation of the Town of Pickering now deems it desirable to revoke By-law 158/75 only as it applies to those lands in Block A, and Part of Block B, Plan M-998 (Parts 1-16, inclusive, Plan 40R-7347), designated "C9" 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: SCHEDULES "I" AND "II" Schedules "I" and "II" hereto with notations shown thereon are hereby declared to be part and references of this By-law. 2. AREA RESTRICTED The provisions of this By-law shall apply only to those lands Block A, Part Block B, Plan M-998 (Parts 1-16, inclusive, Plan 40R-7347), Pickering, designated "C9" on Schedule "I" attached hereto. in 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) "Bakers" 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 2) 3) 4) (6) (7) (8) (9) (lO) "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; "Clinic" shall mean a public or physiotherapeutic or other human facility; private medical, surgical, health treatment "Dry 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 processes elsewhere, and of distributing articles, goods or fabrics which have been subjected to any such processes; "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; (al "Floor Area" shall mean the area of the floor surface ~ontained wfthin 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. (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. "Gross Retail and Personal Service Floor Area" shall mean ~e gross retail and personal service floor space contained in all buildings and structures on the lot, as such space is defined in section 8.2.2 of the Official Plan of the Regional Municipality of Durham, as amended from time to time, or any successor thereto; "Home Improvement Centre" shall mean a building or part of a building used primarily for the display, wholesale and retail sale of building materials, hardware or accessories, including lumber; "Laundromat" shall mean a self-serve clothes washing establishment containing washing, drying, ironing, finishing or other incidental equipment; (al "Lot Coverage" shall mean the percentage of lot area covered by all buildings on the lot; (b) "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; continued... Page 3 (11) (12) (13) 14) "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; "Personal Service Shop" shall mean an establishment in which a personal service is performed and which may include a barber shop, a beauty salon, a shoe repair shop, a tailor or dressmaking shop or a photographic studio, but shall not include a body-rubparlour as defined in the Municipal Act, R.S.O. 1980, Chapter 302, as amended from time to time, or any successor thereto; "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. lgSO, Chapter 302, as amended from time to time, or any successor thereto; "Restaurant-Type A" shall mean a building or part of a building where food 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; 15) "Retail Store" shall mean a building or part of a building in which goods, wares, merchandise, substances, articles or things are stored, kept and offered for retail sale to the public; 16) "Vehicle Service &' Household Merchandise Store" shall mean a building or part 'of a building containing a vehicle repair shop operated in conjunction with the retail sale of onl~ vehicle accessories, sporting, goods, hardware, householU merchandise and building supplies; (17) "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 retu?n for remuneration, but shall not include a body shop or any establishmen~ engaged in the retail sale of vehicle fuels; (18) (al "Yard" shall mean an area of land which is appurtenant to ~ 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~ continued... Page 4 d) e) f) g) h) "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~ "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 lotl "Flank~ge Side Yard" shall mean a side yard adjoining a street or abutting on a reserve opposite side of which is a street; immediately on the "Interior Side Yard" shall mean a side yard'other than a flankage side yard. 5. PROVISIONS (1) Uses Permitted ("C9" Zone) No person shall, within thelands designated "C9" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: a) bakeries, b) business offices, c) clinics, d) dry cleaning depots, e) financial institutions, f) home improvement centres, g) laundromats, h) merchandise service shops, i) personal service shops, (j) professional offices, (k) restaurants, type A, /~/ retail stores, vehicle service and household merchandise stores. (2) Zone Requirements ("C9" Zone) No person shall, within the lands designated "C9" on Schedule 'I' hereto, use any lot or erect, alter or use any building or structure except in compliance with the following provisions: continued... Page 5 YARD REQUIREMENTS: side yard (minimum): flankage side yard except as provided on Schedule "II", front yard all as illustrated on Schedule "II". 9 metres, 22 metres 16.5 metres, (b) LOT COVERAGE: (maximum) 33 percent (c) BUILDING HEIGHT: {maximum) 7.6 metres (d) OUTDOOR STORAGE AND DISPLAY: (e) PARKING REQUIREMENTS: Notwithstanding any other provisions of this By-law or By-law 3036, as amended from time to time, outdoor storage and display shall be permitted on that part of the lands designated "Cg" on Schedule "I", cross-hatched and designated , 'outdoor storage and display area on Schedule "II", only when such outdoor storage and display is accessory or incidental to a permitted use located on the same lot. (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; 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 (f) SPECIAL {i) RESTRICTIONS: The gross retail and personal service floor area of all buildings on the lands designated "C9" on Schedule "I" shall not exceed 10,700 square metres; (ii) the gross leasable floor area of all Vehicle Service and Household Merchandise Stores shall not exceed 6,050 square metres; (iii) the gross leasable floor area of all Retail Stores on the lands designated "C9" on Schedule "I" shall not exceed 1860 square metres; (iv) the gross leasable floor area of any Retail Store permitted shall not exceed 450 square metres continued... Page 6 6. BY-LAW 3036 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. 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. 7. ENFORCEMENT Any person who contravenes any of the provisions of this By-law shall be liable upon conviction thereof to a fine not exceeding $1,000.00 for each offence, exclusive of costs, recoverable under the Provincial Offences Act. 8. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof subject to the approval of the Ontario Municipal Board, if required. READ A FIRST AND SECOND TIME THIS l?th DAY OF January , 198 3 . READ A THIRD TIME AND PASSED THIS 1?th DAY OF January , 1983 TOWN OF PlCIql E~NG APPROVED ]TO FO N~ GLENANNA ROAD C9 )aU,.,nde.rY of la,nds shown ~arts I~ 16, reclusive, n 40R- 7347 SCHEDULE ,]-, TO BY-LAW PASSED THiS ~ DAY OF' ~._.~..~..~.____.. 198 3 GLENANNA ROAD l~:xJndory of Io~l~ ~ a~ Parts I - 16, inclusive, Plan 40R- 7347 0 SCHEDULE' ..]]:, TO BY - LAW ~ P/~SED THiS ~ DAy O~ ~.E.~_~~ ~e ~