HomeMy WebLinkAboutBy-law 1197/80THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 1197/80
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 of Lot 60, and part of
the Park Lot, Plan 509, in the Town of
Pickering.
WHEREAS the Council of the Corporation of the Town of Pickering
deems it desirable to permit the establishment of an office
building with related commercial uses on the subject lands,
being part of Lot 60 and part of the Park Lot, Plan 509;
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. SCHEDULE "I"
Schedule "I" hereto with notations and reference 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 of Lot 60, and part of the Park Lot, Plan 509, Pickering,
designation "C5" 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.
(b) (i) "Club, Commercial" shall mean an athletic, recreational
or social-club operated for gain or profit and having
public or private membership but shall not include any
other club as defined herein.
(ii) "Club, Private" shall mean an athletic, recreational
or social club not operated for gain or profit and
having private membership but shall not include any
other club as defined herein.
v ("Jdi'? CJi(iii) "Club, Public" shall mean an athletic, recreational
or social club not operated for gain or profit and
having public membership but shall not include any
other club as defined herein.
2.
(c) "Coverage" or "Lot Coverage" shall mean the percentage
of lot area covered by all buildings on the lot.
(d) (i) "Floor Area" shall mean the area of the floor surface
contained within the outside walls of a storey or part of
a storey.
(ii) "Gross Floor Area" shall mean the aggregate of the
floor areas of all storeys of a building or structure or
a portion thereof, as the case may be, other than a
private garage, an attic or a cellar.
(e) "Frontage" or "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.
(f) "Office-Associated Commercial Establishment" shall mean
an e s t a b ishment providingretai goo s, equipment or
wares related to the normal operation of a business office
or professional office,
(g) "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, a
chartered accountant, an engineer, a lawyer or a physician
but shall not include a bodyrub parlor as defined in
The Municipal Act, R.S.O. 1970, Chapter 284, or any
successor thereto.
(h) "Restaurant Type B" shall mean a building or part of a
bui diTng wire 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.
{i) (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, un-
covered 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 full width of a lot between the
front lot line of the lot and the nearest
wall of the nearest main building or struc-
ture on the lot.
(iii) "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.
(iv) "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 near-
est wall of the nearest main building or
structure on the lot.
(v) "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.
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(vi) "Side Yard" shall mean a yard of a lot extend-
ing 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 hor-
izontal dimension of a side yard of a lot bet-
ween 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 adjoining a street or abutting on
a reserve on the opposite side of which is a
street.
(ix) "Interior Side Yard" shall mean a side yard other
than a flankage side yard.
5. PROVISIONS
A. Uses Permitted
No person shall within the lands designated C5 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) commercial clubs
c) office-associated commercial establishments
d) private clubs
e) professional offices
f) public clubs
g) restaurants, type B
B. Zone Requirements
i) For the purpose of this subsection:
a) the lot line flanking Kingston Road (Highway No. 2)
or an abutting reserve shall be deemed to be the
front lot line,
b) the lot line flanking Glenview Road or an abutting
reserve and the lot line flanking Valley Farm Road
or an abutting reserve shall be deemed to be side
lot lines, and
c) all other lot lines shall be deemed to be rear lot
lines.
continued...
Page 4
(ii) No person shall within the lands designated C5 on
Schedule "I" hereto, use any lot or erect, alter
or use any building or structure except in
accordance with the following:
(a) LOT AREA (minimum) 0.4 hectares
(b) LOT FRONTAGE (minimum) 40 metres
(c) FRONT YARD DEPTH (minimum) 12 metres
(d) INTERIOR SIDE YARD WIDTH (minimum): 7.5 metres
(e) FLANKAGE SIDE YARD WIDTH (minimum): 12 metres
(f) REAR YARD DEPTH (minimum) 12 metres
(g) LOT COVERAGE (maximum) 35 percent
(h) BUILDING HEIGHT (maximum) 14 metres
(i) PARKING REQUIREMENT (minimum) one parking
space per 32
square metres gross floor area
(j) SPECIAL RESTRICTIONS:
(i) The aggregate of the gross floor areas of
all commercial clubs, office-associated
commercial establishments, and type B
restaurants, shall not exceed 25 percent
of the gross floor area of all buildings
on the lot;
(ii) The aggregate of the gross floor areas of
all type B restaurants on the lot shall not
exceed 275 square metres;
(iii) No public ingress to any commercial clubs,
office-associated commercial establishments,
or type B restaurants shall be permitted
directly from the exterior of the building, but
public egress directly to the
exterior shall be permitted if
required by an appropriate public authority
for emergency purposes; and
(iv) Public ingress to any commercial clubs,
office-associated commercial establishments,
or type B restaurants shall be permitted
only from a hallway,corridor or lobby located
within a building.
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.
continued...
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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 October , 1980.
READ A THIRD TIME AND PASSED THIS 20th
DAY OF October 1980.
CLERK
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SCHEDULE III
PASSED THIS
DAY OF October
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TO BY-LAW 1197/80
20th
1980•
CLERK