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HomeMy WebLinkAboutBy-law 1346/81THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 1346/81 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 Lots 20, 21 and 22, Concession 1, in the Town of Pickering. WHEREAS the Council of the Corporation of the Town of Pickering passed By-law 1156/80, amending By-law 3036, to permit the establishment of residential semi-detached dwellings, residential triplex dwellings, residential double-triplex dwellings, commercial office buildings, light industrial buildings, and an open space esplanade on the subject lands; AND WHEREAS By-law 1156/80 was amended by By-law 1268/81 in order to clarify certain definitions and provisions relating to the residential triplex and double-triplex dwellings; AND WHEREAS it is now deemed desirable to further amend By-law 3036 as amended by By-laws 1156/80 and 1268/81, to permit the development of residential apartment dwellings in place of residential semi-detached dwellings, residential triplex dwellings and residential double-triplex dwellings, and on one of the blocks designated "H" (holding zone); NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. 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 Lots 20, 21, and 22, Concession 1, Pickering, designated "H", "RMII", "RHI", "C-011, "Ml-2" and "01-1" 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 a) "Business Office" shall mean a building or part of a building in which one or more persons are employed in the management, direction or conducting of a business, a public or private agency, a brokerage, or a labour or fraternal organization and may include a bank, 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. continued... Page 2 b) "Dr Cleaning Establishment" shall mean a building or part o a building use or dry cleaning and related processes but does not include a laundromat. c) i) "Dwelling" shall mean a building or part of a bui'f id'ng containing one or more dwelling units, ii) "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. iii) "A artment Dwellin " shall mean a dwelling containing our or more we ing units attached horizontally or vertically, each unit having access from an internal corridor system connecting with at least one common entrance from outside the dwelling. d) "Es lana?de" shall mean an area of land consisting primarily of Tan?caped open space but which also may include public recreational uses and public entertainment uses as well as kiosks and newstands. e) i) "Floor Area" shall mean the area of the floor surface conta- i within the outside walls of a storey or part of a storey. ii) "Gross Floor Area" shall mean the aggregate of the floor areas o a 1 the storeys of a building or structure, or a part thereof, as the case may be, other than a private garage, an attic or a cellar. f) "Food Pre aration Plant" shall mean a building or part o a bui ing in whit processed food products are cooked, baked, mixed, packaged or otherwise prepared for distribution to retail or institutional outlets. g) "Lot" shall mean an area of land fronting on a street wh^ ch is used or intended to be used as i) the site of a building, or a group of buildings, as the case may be, together with any accessory buildings or structures, ii) a parking lot, or iii) a public park including an esplanade regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision. h) AN Covers e" shall mean the percentage of lot area covere by a 1 buildings on the lot. i) "Lot Fronts e" shall mean the width of a lot between t e si a of lines measured along a line parallel to and 7.5 metres distant from the front lot line. continued... Page 3 j) i) "Manufacturing Plant" shall mean a building or part o a bui ding in which is carried on any activity or operation pertaining to the making of any article, and which shall include altering, assembling, repairing, ornamenting, finishing, cleaning, polishing, washing, packing, adapting for sale, breaking up or demolishing the said article. ii) "Li ht Manufacturin Plant" shall mean a manufacturing p Tint use or: a) the production of apparel and finished textile products other than the production of synthetic fibres; b) printing or duplicating; c) the manufacture of finished paper and applied products other than the processing of wood pulp; d) the production of cosmetics, drugs and other pharmaceutical supplies; or e) 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, radios and electronic components. k) "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 may include a clinic and the offices of an architect, chartered accountant, engineer, lawyer or physician but shall not include a bodyrub parlour as defined in The Municipal Act, R.S.O. 1970, Chapter 284, or any successor thereto. 1) "Restaurant Type B" 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 only. m) "Scientific Research or Medical Laboratory" 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. n) "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, foodstuffs, substances, articles or things, and may include the premises of a warehouseman but shall not include a fuel storage tank except as an accessory use. continued... Page 4 o) i) "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. ii) "Front Yard" shall mean a yard extending across the ful 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. iii) "Front Yard Depth" shall mean the shortest horizontal dimension o 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. iv) "Rear Yard" shall mean a yard extending across the u wi t 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. v) "Rear Yard Depth" shall mean the shortest horizontal Tmension o 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. vi) "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. vii) "Side Yard Width" shall mean the shortest horizontal dimension o 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. viii) "Flankage Side Yard" shall mean a side yard immediately arming a street or abutting a reserve on the opposite side of which is located a street. ix) "Interior Side Yard" shall mean a side yard other than a tankage side yard. 5. PROVISIONS 5.A.1 Uses Permitted ("RMII" Zone) No person shall within the lands designated "RMII" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: a) residential use - apartment dwellings continued... Page 5 5.A.2 Zone Requirements ("RMII" Zone) No person shall within the lands designated "RMII" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure except in accordance with the following provisions: a) BUILDING HEIGHT (maximum): b) DENSITY REQUIREMENTS: i) minimum: 51 units per hectare ii) maximum: 75 units per hectare c) PARKING REQUIREMENTS (minimum) 5.B.1 Uses Permitted ("RHI" Zone) 21 metres 1.5 parking spaces per dwelling unit No person shall within the lands designated "RHI" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: a) residential use - apartment dwellings 5.B.2 Zone Requirements ("RHI" Zone) No person shall within the lands designated "RHI" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure except in accordance with the following provisions: a) BUILDING HEIGHT (maximum): b) DENSITY REQUIREMENTS: i) minimum: 75 units per hectare ii) maximum: 84 units per hectare c) PARKING REQUIREMENTS (minimum): 5.C.1 Uses Permitted ("C-0" Zone) 21 metres 1.5 parking spaces per dwelling unit No person shall within the lands designated "C-0" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: a) business offices b) professional offices c) restaurants, type B continued... Page 6 5.C.2 Zone Requirements ("C-0" Zone) No person shall within the lands designated "C-0" on Schedule "I" 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) LOT COVERAGE (maximum): h) BUILDING HEIGHT (maximum): i) PARKING REQUIREMENT (minimum) j) SPECIAL RESTRICTIONS: 0.4 hectares 45 metres 12 metres 7.5 metres 12 metres 7.5 metres 45 percent 43 metres one parking space per 32 square metres gross floor area. The aggregate of the gross floor areas of all buildings on the lot shall not exceed 37,160 square metres less the aggregate (in excess of 6,366 square metres) of the gross floor areas of any buildings or additions to buildings that are erected on the parcel of land which is shaded on Schedule "I" attached hereto, being lands immediately to the west of the lands designated "C-0" on the said Schedule. 5.D.1 Uses Permitted ("M1-2" Zone) No person shall within the lands designated "Ml-2" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: a) dry cleaning establishments b) food preparation plants c) light manufacturing plants d) scientific, research or medical laboratories e) warehouses continued... Page 7 5.D.2 Zone Requirements ("Ml-2" Zone) No person shall within the lands designated "M1-2" on Schedule "I" 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) LOT COVERAGE (maximum): h) BUILDING HEIGHT (maximum); i) OPEN STORAGE: 5.E.1 Uses Permitted ("01-1" Zone) 0.3 hectares 45 metres 3 metres 4.5 metres 4.5 metres 7.5 metres 50 percent 12 metres no open storage shall be permitted in any yard No person shall within the lands designated "01-1" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: a) esplanade 5.E.2 Zone Requirements ("01-1" Zone) No person shall within the lands designated "01-1" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure except in accordance with the following provisions: a) public uses shall be permitted anywhere within the area designated "01-1"; b) kiosks and newstands shall be permitted only within 5 metres of a lot line; c) the gross floor area of any individual kiosk or newstand shall not exceed 14 square metres. 5.F.1 Uses Permitted ("H" Zone) No person shall within the lands designated "H" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure for any purpose except by amendment to this By-law, such amendments to be enacted in accordance with the draft plan of subdivision 18T-79008 approved by the Ministry of Housing on March 25th, 1980, or any successor thereto, and at such time as such lands can be developed in compliance with the relevant provisions of the Official Plan of the Regional Municipality of Durham and the District Plan for the District Planning Area of the Town of Pickering, including amendments and modifications thereto. Page 8 6. BY-LAW 3036 a) 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, except that subsections 2.57 and 6.1 of By-law 3036, as amended, shall not apply to the areas designated "RMII" and "RHI" on Schedule "I" hereto. b) By-laws 1156/80 and 1268/81, amending By-law 3036, are hereby revoked. 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, 1979. 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 20th DAY OF August , 1981. READ A THIRD TIME AND PASSED THIS 20th DAY OF August , 1981. cc, MAYOR V CLERK O g 0 m G G N rt 13 OD F' 0 N O ft .7' m s F of i m { D w I I -- 1 1 xl cZ+ I III I I I I I I I I I 1 I I I I IsI I°I 1 1 I I I I I I I I 1 I I 1 I I I I I I I I I I - ?I I r -