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HomeMy WebLinkAboutBy-law 1680/83THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 1650/$3 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 Part Lot 23, Concession 1 in the Town of Pickering. WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the development on the subject lands of retail and personal service commercial uses and a greenbelt area; 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 Part Lot 23, Concession 1, Pickering, designated 'C7' and 'G' 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) "Automobile Service Station T~pe 'C'" shall mean an establishment where vehicle fuels, lubricants and accessories are offered for retail sale and where facilities for the repair and maintenance of vehicles may be provided on the premises and may include a car wash, but shall not include a body shop, as defined herein; (2) "Baker~" shall mean a building or part of a building in which food p~oducts are baked, prepared and offered for retail sale, or in which food products which are baked and prepared elsewhere are offered for retail sale; continued... (3) (4) 5) 6) 7) 8) 9) "Body Shop" 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; "Clinic" shall mean a public or private medical, surgical, physiotherapeutic or other human treatment facility; "Dru9 Store" shall mean a retail store of not more than 790 square metres gross leasable floor area, containing facilities where prescriptions are compounded and dispensed for the public by a pharmacist licenced pursuant to the Health Disciplines Act, R.S.O. 1980, Chapter 196 and where medicine, medical supplies and associated merchandise is stored, displayed and offered for retail sale to the public~ "Dry Cleanin9 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 of a branch thereof; (al "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; (c) "Gross Retail and Personal Service Floor Area" shall mean the 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; continued... lO) 11) 12) 13) 14) 15) 16) 17) "Food Store" shall mean a building or part of a building having a gross floor area in excess of 450 square metres, in which primarily food produce is stored, offered and kept for retail sale to the public and in which items or merchandise of day-to-day household necessity may be stored, offered and kept for retail sale to the public; "Games Arcade" shall mean any building, room or area in which are offered facilities for the play of: (al 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; "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; "Landscaped Open.Space" shall mean 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; "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 a lot area covered by all buildings on the lot; (b) "Lot Frontage" shall mean the width of a lot between '~he side lot lines measured along a line parallel to and 7.5 metres distant from the front lot line; "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 electrian or a master plumber, but shall not include a manufacturing plant, any establishment used for the service or repair of motorized vehicles, or a retail store other than a sales outlet; "Personal Service Sho~" shall mean an establishment where a personal service is performed and 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 bodyrub parlour as defined in The Municipal Act, R.S.O. 1980, Chapter 302, as amended from time to time, or any successor thereto; continued... 18) 19) 20) 21) 22) "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; "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 oftices 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; "Restaurant-Type A" shall mean a building or part of a building where ~ood 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 in which 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$ "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. 5. PROVISIONS (1) (al Uses Permitted ('C7' Zone) No person shall, within the lands designated 'C7' on Schedule "I" hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: i) automobile service station type 'C', ii) bakery, iii) business office, subject to the provisions of subclause (B) of clause (vii) of subsection iv) v) vi) vii) viii) ix) x) xi) xii) xiii) xiv) xv) xvi) (1)(b) of this Section, clinic, drug store, dry cleaning depot, financial institution, food store, subject to the subclause (D) of clause (vii) (1)(b) of this Section, home improvement centre, laundromat, merchandise service shop, personal service shop, place of amusement or entertainment, professional office, restaurant type 'A', retail store, subclause (C) (1)(b). provisions of of subsection subject to the provisions of of clause (vii) of subsection continued... (1) (b) Zone Requirements ('C7' Zone) No person shall, within the lands designated 'C7' on Schedule "I" hereto, use any lot or erect, alter or use any building or structure except in compliance with the following provisions: i) SETBACK REQUIREMENTS (minimum): A All boundaries of the lands designated 'C7' on Schedule "I" which abut a street or highway shall be deemed to be front lot lines and the minimum setback of any building or structure, except a sign, from a front lot line shall be 13.5 metres; All boundaries of the lands designated 'C7' on Schedule "I" not abutting streets or highways shall be deemed to be side lot lines and the minimum setback of any building or structure, except a sign, from a side lot line shall be 6.5 metres; C There shall be no other front lot lines, no other side lot lines, no flankage lot lines and no rear lot lines. ii) iii) BUILDING HEIGHT (maximum): 12 metres LANDSCAPED (minimum): OPEN SPACE REQUIREMENTS iv) LOT COVERAGE (maximum): v) OPEN STORAGE: l0 percent of lot area 33 percent no open storage shall be permitted vi) 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; B 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, which may be provided and maintained on the lot generating the requirement or on an abutting lot or lots; C Where parking spaces are to be provided on an abutting lot or lots, the owner of the lot generating the requirement shall obtain an irrevocable easement for such purpose from the owner of the abutting lot or lots as the case may be and the Town shall be a party to this easement; D All parking areas shall be set back a minimum of 3 metres from the boundary of the 'C7' zone as designated on Schedule "I". continued... (2) (al vii) SPECIAL RESTRICTIONS: The gross retail and personal service floor area of all buildings on the lot shall not exceed 33 percent of the area of the lot; The gross floor area of all business offices, on a lot shall not exceed 4 percent of the area of the lot; C The gross leasable floor area of any Retail Store permitted shall not exceed 1,000-sqmre metres~ Only one Food Store shall be permitted to develop on the land designated 'C7' on Schedule "I", the location of which shall be restricted to Area 5, on Schedule "II"; (Il The location of points of street access to lands designated 'C7' on Schedule "I" of this By-law shall be restricted to those areas designated 'access' and 'access (temporary)' on Schedule "II" of this By-law. The street access to Area 4 on Schedule "II" designated as 'access (temporary)' shall be used for ingress and egress to that Area, only for so long as that Area supports an automobile service station type 'C', and shall not be used for ingress or egress for any other Areas. Notwithstanding any other provisions of this By-law or By-law 3036, no building or structure shall be erected or used in Areas 4 and 5 of Schedule "II" unless that building or structure is wholly located within the buildlng envelope for the respective Area. Uses Permitted ("G" Zone) No person shall within the lands designated "G" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure for any purpose except: i) greenbelt-conservation uses in accordance with Section 17 of By-law 3036, as amended. 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 Schedules "I" and "II" 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 with the exception of subsections 2.77, 2.79, 5.7, 5.8, 5.10, 5.14, 5.21.2(a), and 5.21.2(b) which shall not apply to the area set out in Schedule "II" attached hereto. continued... 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 hereof subject to the approval Board, if required. from the day of passing of the Ontario Municipal READ A FIRST AND SECOND TIME THIS 6th DAY OF Jttne , 1983. READ A THIRD TIME AND PASSED THIS 6th DAY OF Jttne , 1983. MAYOR C7 SCHEDULE 'Z* TO 8Y-LAW PASSED THIS 6th DAY OF Ju_ne 1983 1680/83 MAYO? ~,,,~.~._ CLERK II1\ \ /I 6.5m I SCHEDULE ' Tr' TO BY- LAW PASSED THIS 6th DAY OF June 1983 1680/83 CLERK / Ontario Ontario Municipal Board ~ 830943 X~TIlBHATTBROIP Sec~c~on 39 of Tho ~XannXngAo~ (R,S.O. XOS0~ Corpoz&~Xon of &.ho Town o~ for approvaX o! XU ltolt, rXotodAroi By-X&w X680/83 )l,D, H]~IDBRSOff G,K. HOBART ! Of Oo~.ober~ X983 ] TliB BOARD O~DB~t~ *~ha~ B~-X&v 1680/83 &l Imendod by ay-Xav X727/83 Xah~%"ml~,