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HomeMy WebLinkAboutBy-law 1022/79Approved by u.ci. v. on August 17, 1979 THE CORPORATION OF THE TOWN OF PICKERING File R.792915 BY-LAW NUMBER 1022/79 Being a Restricted Area By-law to amend Restricted Area By-law 2511, as amended, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham, in Part Lot 18, Range 3, Broken Front Concession, in the Town of Pickering. TOWN OF PICKERING APP FOR -u. 47- the Council of the Corporation of the Town of Pickering WHEREAS deems it desirable to permit the establishment of light industrial and commercial uses on the subject lands, being part of Lot 18, Range 3, Broken Front Concession, in the Town of Pickering; AND WHEREAS an amendment to By-law 2511 is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: SECTION 1: BY-LAW 2511 By-law 2511, passed by the Council of the Corporation of the Township (now Town) of Pickering on the 5th day of October, 1960, and approved by the Ontario Municipal Board on the 3rd day of January, 1963, and amended from time to time, is hereby further amended to the extent necessary to give effect to the provisions of this by-law. SECTION 2: TEXT AMENDMENT Section 16 of By-law 2511, as amended, is hereby further amended by adding thereto the following subsection: 16.3.9 Part Lot 18, Range 3, Broken Front Concession Notwithstanding the provisions of Section 16.1 or Section 16.2 hereof, the land designated MC on Schedule "I" to By- laws" 79 shall be used only in accordance with the provisions of this subsection: 1. Definitions (a) "Assembl Hall shall mean a building or part of a buildi in wh,c face ities are provided for purposes such as civ educational, political, religious or social meetings and may include a banquet hall or private club, but shall not include a place of entertainment or an adult entertainmer parlour. (b) "Bakery" shall mean a building or part of a building where baked food products are prepared and offered for retail sale, and which may include incidental baking. (c) "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, and shall include a bank, a data processing establishme a newspaper publishing plant, a radio or television broadcasting station and related studios or theatres, and a telegraph office, but shall not include a retail store or any use defined herein. (d) "Coverage" or "Lot Coverage" shall mean the percentage of lot area covered by all buildings on the lot. (e) "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. continued... Page 2 (f) "Dry Cleaning Establishment" shall mean a building or part of a building used for dry cleaning and related processes but does not include a laundromat. (g) (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. (h) "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. (i) "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. (j) "Laundromat" shall mean a self-serve clothes washing establishment containing one or more washers and drying, ironing, finishing or other incidental equipment. (k) (i) "Manufacturing 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, repairing, ornamenting, finishing, cleaning, polishing, washing, packing, adapting for sale, breaking up or demolishing the said article. (ii) "Light Manufacturing Plant" shall mean a manufacturing plant used for: (a) the production of apparel and finished textile products other than the production of synthetic fibres; (b) printing or duplicating; (c) the manufacture offinished paper and allied 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, jewellery, watches, precision instruments, radios and electronic components. continued Page 3 (1) "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 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. (m) "Place of Entertainment" shall mean a building or part of a building in which facilities are provided for entertainment purposes and may include a theatre, music hall, dance hall, billiard or pool room, bowling alley or ice or roller skating rink, but does not include an adult entertainment parlour. (n) "Private Club" shall mean an athletic, recreational or social club, and includes the premises of a fraternal organization. (o) "Professional Office" shall mean a building or part of a building in which legal, medical or other professional service is performed or consultation given, and may include a clinic, the offices of a lawyer, an architect, an engineer, a chartered accountant, a real estate agent, an insurance agent, an optician or any other similar use, but shall not include a body-rub parlour as defined in Section 368a(6) of The Municipal Act, R.S.O. 1970, Chapter 284, as amended from time to time, or any successor thereto. (p) "Restaurant-Type A" shall mean a building or part of a bui ding 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. (q) "Sales Outlet" shall mean a building or part of a building accessory to a manufacturing plant, a merchandise service shop, a food preparation plant or a warehouse, wherein products manufactured, produced, processed, stored, serviced or repaired on the premises are kept or displayed for rent or for wholesale or retail sale, or wherein orders are taken for future delivery of such products. (r) "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. (s) "Warehouse" shall mean a building or part of a building whit 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. continued... Page 4 (t) (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 full width of a lot between the front lot line of the lot and the nearest wall of the nearest building or structure on the lot. (iii) "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 on the lot. (iv) "Side Yard" shall mean a yard extending from the front yard to the rear yard and from the side lot line of a lot to the nearest wall of the nearest building on the lot. (v) "Flankage Side Yard" shall mean a side yard immediately adjoining a street or abutting a reserve on the opposite side of which is located a street. (vi) "Interior Side Yard" shall mean a side yard other than a flankage side yard. 2. Uses Permitted No person shall, within the lands designated MC on Schedule "I" to By-law 1022/79, use any lot or erect, alter or use any building or structure for any purpose except one or more of the following: (a) assembly halls (b) bakeries (c) business offices (d) dry cleaning depots, subject to the provisions of paragraph 4 of subclause i of clause 3 of this subsection (e) dry cleaning establishments (f) food preparation plants (g) light manufacturing plants (h) merchandise service shops (i) professional offices (j) restaurants - Type A (k) sales outlets, subject to the provisions of paragraph 3 of subclause i of clause 3 of this subsection (1) scientific, research or medical laboratories (m) warehouses 3. Zone Requirements No person shall, within the lands designated MC on Schedule "I" to By-law 1022/79, use any lot or erect, alter or use any building or structure except in accordance with the following: (a) LOT AREA (minimum) (b) LOT FRONTAGE (minimum) - 0.4 hectares - 45 metres continued... Page 5 (c) FRONT YARD (minimum) (d) SIDE YARD (minima) (i) interior side yard (ii) flankage side yard - 12 metres - 4.5 metres - 12 metres (e) REAR YARD (minimum) - 7.5 metres (f) LOT COVERAGE (maximum) - 40 percent (g) BUILDING HEIGHT (maximum) - 12 metres (h) OPEN STORAGE No open storage shall be permitted in any yard. (i) SPECIAL RESTRICTIONS (1) The gross floor area of all type A restaurants on a lot shall not exceed 35% of the gross floor area of all buildings on the lot. (2) Notwithstanding (1) above, the gross floor area of all type A restaurants on a lot may exceed 35%, but may not exceed 60% of the gross floor area of all buildings on the lot providing the gross floor area of all type A restaurants on the lot does not exceed 10% of the lot area. (3) Sales outlets are permitted uses only if accessory to food preparation plants, light manufacturing plants, merchandise service shops or warehouses, and providing the gross floor area of the sales outlet does not exceed 20% of the gross floor area of the food preparation plant, light manufacturing plant, merchandise service shop or warehouse. (4) Dry Cleaning depots are permitted uses only if accessory to dry cleaning establishments and providing the gross floor area of the dry cleaning depot does not exceed 20% of the gross floor area of the dry cleaning establishment. SECTION 3: SCHEDULE "A" AMENDMENT Schedule "A" to By-law 2511, as amended is hereby further amended by altering from "M1" to "MC" the zone designation of the land designated MC on Schedule "I" to this By-law and located in Part of Lot 18, Range 3, Broken Front Concession, in the Town of Pickering. SECTION 4: EFFECTIVE DATE No part of this by-law shall come into force without the approval of the Ontario Municipal Board but, subject to such approval, this by-law shall take effect from the day of passing hereof. READ A FIRST AND SECOND TIME THIS 3rd DAY OF July 1979 READ A THIRD TIME AND PASSED THIS 3rd DAY Q?f Jul 9. ?- MAYOR CLE V SCHEDULE I TO BY-LAW 1011/79 PASSED THIS DAY OF J u I 3rd 1979 YOR CLERK