HomeMy WebLinkAboutBy-law 7177/11
The Corporation of the City of Pickering
By-law No. 7177/11
Being a By-law to amend Restricted Area (Zoning) By-law 3036, as
amended, to implement the Official Plan of the City of Pickering District
Planning Area, Region of Durham in North Part of Lot 17, Concession 1, in
the City of Pickering (A 9/11).
Whereas the Council of The Corporation of the City of Pickering deems it desirable to
permit the development on the subject lands, being North Part of Lot 17, Concession 1,
more specifically identified as Part 1, Plan 40R-6905, in the City of Pickering;
And whereas an amendment to By-law 3036, as amended, is therefore deemed
necessary;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. Schedule I
Schedule I attached 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 North Part of Lot 17,
Concession 1, more specifically identified as Part 1, Plan 40R-6905, in the City of
Pickering, designated "MU-22" 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) "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;
By-law No. 7177/11 Page 2
(2) "Commercial School" shall mean a school which is operated for gain or
profit and may include the studio of a dancing teacher or music teacher,
an art school, a golf school or any other school operated for gain or profit;
(3) (a) "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, which may also
include an outdoor patio, but excluding storage areas below
established grade;
(4) Landscaped Open Area shall mean the area on the lot free from
buildings and/or structures suitable for the growth and maintenance of
vegetated plants such as grass, flowers, shrubs, trees and other
landscape features which may include walkways, berms, retaining walls,
decorative pavers, bricks or stones and outdoor amenity areas including
patios, but shall not include driveways, drive aisles, internal roads, parking
areas, curbs or any exterior garbage storage or handling area;
(5) "Professional Office - Non-Medical" shall mean a building or part of a
building in which legal or other professional services, not including medical
or dental services are performed or consultation given, and which may
include the offices of an architect, a chartered accountant, an engineer, or
a lawyer, but shall not include the office of medical practioners or a
body-rub parlour as defined in The Municipal Act, R. S. O. 1990, c. M. 45,
as amended from time to time, or any successor thereto;
(6) "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 rent or retail sale to the public;
(7) (a) "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;
(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;
By-law No. 7177/11 Page 3
(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;
(d) "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;
(e) "Rear Yard Depth" shall mean the shortest horizontal dimension of a
rear yard 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;
(f) "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;
(g) "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 lot;
(h) "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;
(i) "Interior Side Yard" shall mean a side yard other than a'flankage side
yard.
5. Provisions
(1) Uses Permitted' ("MU-22" Zone)
No person shall Within the lands designated "MU-22" on Schedule
attached hereto, use any lot or erect, alter, or use any building or structure
for any purpose except the following:
(a) Business Office; .
(b) Commercial School
(i) only permitted as accessory to a retail store, and with a
maximum floor area of 150 square metres;
(c) Professional Office - Non Medical;
(d) Retail Store.
By-law No. 7177/11 Page 4
(2) Zone Requirements ("MU-22" Zone)
No person shall within the lands designated "MU-22" on Schedule
attached hereto, use any lot or erect, alter, or use any building except, in
accordance with the following provisions:
(a) Building Restrictions
(i) - Despite any other provisions of Zoning By-law 3036, the
permitted uses shall only occur within the building existing-as of
the" day of the passing of this by-law, as shown on the Boundary
and Topographic Survey-of Part of Lot 17, Concession 1
r' completed by the Ontario Land Surveyor on April 21, 2011;
A Despite Paragraph 5(2)(a)(i) above, an-uncovered platform
located on the southwest corner of the building not
projecting beyond the most westerly exterior wall is
permitted.
(b) Landscaped Open Area (minimum): 15 percent
(c). Parking Requirements
(i) There shall be provided and maintained on the lot a minimum of
5.5 spaces per 100 square metres of gross leasable floor area
for all uses permitted under this zone;
(ii) Despite Clause 5.21.2b), parking shall be set back a minimum
of 1.5 metres from all internal side and, rear lot lines;
(iii) Despite Clauses 5.21.2g) and 5.21.2k) of By-law 3036, as
amended, all parking areas including driveway entrances and
exits shall be surfaced with brick, asphalt, concrete, permeable
materials, or any combination thereof.
(d) Other provisions:
(i) Open storage is not permitted on lands zoned "MU-22";
(ii) One garbage. enclosure with a maximum gross floor area of
50 square metres is permitted in the side or rear yard only.
By-law No. 7177/11 Page 5
r
a
6: By-law 3036
By-16w 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 l attached hereto: Definitions and subject matters not
7 specifically dealt with in this .By-law shall be governed by relevant provisions of
By-law.3036, as amended.
7. Effective'Date
This By-law shall come into .force in accordance with the provisions of the
` Planning Act
By-law read a first, second, and third time and finally passed this 21st day of November,
2011.
David Ryan, Maji&r
Debbie Shields, City-Clerk
KINGSTON ROAD
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SCHEDULE I TO BY-LAW 71 77/1 1
PASSED THIS 21 st
DAY OF November 2011
MAYOR
1~~1n1
CLERK
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