HomeMy WebLinkAboutBy-law 7675-19IN THE MATTER OF Section 34 (22) Of the Planning Act, R.S.O. 1990, c. P.13, as amended and IN THE MATTER OF Zoning By-law No. 7675/19 AFFIDAVIT I, Susan Cassel, City Clerk for the Corporation of the City of Pickering in the Regional Municipality of Durham, make oath and say as follows: 1. I am the duly appointed City Clerk of the Corporation of the City of Pickering, and, as such, have knowledge of the facts herein deposed to: 2. Notice of the passing of Zoning By-law No. 7675/19 passed by the Council of the Corporation of the City of Pickering on the 28th day of January, 2019 was given in accordance with Subsection 34(18) of the Planning Act, R.S.O. c. P.13, as amended, and in the manner and form and to the persons prescribed by the regulations made by the Lieutenant Governor-in-Council under the said Act; 3. No notice of appeal to Zoning By-law No. 7675/19 was filed with me within the time allowed for appeal under the provisions of Subsection 34( 19) of the Planning Act, R.S.O. 1990, c. P.13, as amended; and 4. By-law No. 7675/19 is therefore deemed to be in full force and effect in accordance with the provisions of Section 34(21). AND I make this solemn Declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath. SWORN before me at the City of Pickering In the Regional Municipality of Durham, this 26th day of February, 2019 A Commissioner, etc. 1.INDA CAROi.. ROBERTS, J Commissioner, etc., Province of Ontario, . ~or The Corporation of tile City of Pickering • • XPlr8S ,lune ?.2, 2019 ) ) ) ) ) ) ) Su~
The Corporation of the City of Pickering By-law No. 7675/19 Being a By-law to amend Restricted Area (Zoning) By-law .2511, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, in Part of Lot 18, Range 3, Now Parts 1 to 7, Plan 40R-7994 (A 05/18) Whereas the Council of The Corporation of the City of Pickering received an application to rezone the subject lands being Part of Lot 18, Range 3, Now Parts 1 to 7, Plan 40R-7994 in the City of Pickering to add office-associated commercial establishment, personal service shop, printing establishment, and vehicle repair shop to the list of permitted uses on the subject lands; And whereas an amendment to By-law 2511, 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 to this By-law 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 of Lot 18, Range 3, Now Parts 1 to 7, Plan 40R-7994, in the City of Pickering, designated "MC-22" on Scheduje I to this By-law. 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) "Building Height" shall mean the vertical distance between the established grade, and in the case of a flat roof, the highest point of the roof surface or parapet wall, or in the case of a mansard roof the deck line, or in the case of a gabled, hip or gambrel roof, the mean height level between the eaves and ridge. A penthouse, tower, cupola, steeple or other roof structure which is used only as an ornament upon or to house the mechanical equipment of any building shall be disregarded in calculating the height of such building.
By-law No. 7675/19 Page 2 · (2) "Business Offices" 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 public or private agency, a business, a brokerage, or a labour or fraternal organization, and shall include a bank, a data processing establishment, a newspaper publishing plant, a radio or television broadcasting station and related studios or theatres, and telegraph office, but shall not include a professional office, a retail store or any other use defined herein. (3) "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 the dry cleaning or laundering elsewhere, and distributing articles, goods or fabrics which have been subjected to any such processes. (4) "Dry Cleaning Establishment" shall mean a building or part of a building used for dry cleaning or laundering of articles, goods or fabrics, but does not include a laundromat. (5) "Floor Area" shall mean the area of the floor surface or a storey or part of a storey. (6) "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. (7) "Frontage" or "Lot Frontage" shall mean the width of the lot between the side lot lines measured along a line parallel to and 6 metres distant from the front lot line. (8) "Gross floor Area" shall mean the aggregate of the floor areas of all storeys of a building or structure other than a private garage, an attic or a cellar. (9) "Gross Leasable Floor Area" shall mean the total gross floor area designed for tenant occupancy and exclusive use, including basements, mezzanines and upper floors if any, measured from the centre line of joint partitions and from outside wall faces. (10) "Laundromat" shall mean a self-serve clothes washing establishment containing one or more washers and drying, ironing, finishing or other incidental equipment. (11) "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.
By-law No. 7675/19 Page 3 (c) The manufacture of finished paper and allied products other than the processing of wood pulp. (d) The production of cosmetics, drugs and other pharmaceutical . supplies. (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. (12) "Lot" shall mean an area of land fronting on a street which is used or intended to be used as a site of a building, or group of buildings, as the case may be, together with any accessory buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision. (13) "Lot Area" shall mean the total horizontal area within the lot lines of the lot. (14) "Lot Coverage" shall mean the percentage of lot area covered by all buildings on a lot. (15) "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. (16) "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 retail store, a manufacturing plant, or any establishment used for the service or repair of vehicles. (17) "Office-associated Commercial Establishment" shall mean an establishment providing retail goods or equipment required for the daily operation of a business office or professional office, such as a stationery store, a computer store, or an office furniture store. · (18) "Parking Space" shall mean a usable and accessible area, having a minimum width of 2.6 metres and a minimum length of 5.3 metres excluding aisle space and driveways to the parking lot, for the temporary parking of a vehicle.
By-law No. 7675/19 Page4 (19) "Personal Service Shop" shall mean an establishment in which a personal service is performed and which may include a barber shop, a beauty salon, a shoe repair shop, a tailor or a dressmaking shop or a photographic studio, but shall not include a body-rub parlour as defined in section 154 (2)(b) of the Municipal Act, S.O. 2001, Chapter 25, as amended from time-to-time, or any successor thereto. (20) "Printing Establishment" shall mean an establishment used for blueprinting, engraving, electro-typing, photocopying, plotting from disk, printing, stereotyping or typesetting. (21) "Restaurant" 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 or off the premises, or both. (22) "Sales Outlet" shall mean a building or a 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. (23) "Scientific or Medical Laboratory" shall mean a building or part of a building wherein scientific or medical experiments or investigations are systematically conducted, and where drugs, chemicals, glassware or other substances or articles pertinent to such experiments or investigations are manufactured or otherwise prepared for use on the premises. (24) "Vehicle Repair Shop" shall mean an establishment containing facilities for the repair and maintenance of vehicles on the premises, in which vehicle accessories are sold and vehicle maintenance and repair operations are performed, but shall not include a body shop or any establishment engaged in the retail sale of motor vehicle fuels. (25) "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, food-stuff, substances, articles or things, and includes the premises of a warehouseman but shall not include a fuel storage tank except as an accessory use. (26) "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.
By-law No. 7675/19 Page 5 (a) "Front Yard" shall mean a yard extending across the full width of the lot between the front lot .line of the lot and the nearest wall of the nearest building or structure on the lot. · (b) "Rear Yard" shall mean a yard extending across the full width of the 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. (c) "Side Yard" shall mean a yard extending from the front yard to the rear yard and from the side lot line of the lot to the nearest wall of the nearest building on the lot. (d) "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. (e) "Interior Side Yard" shall mean a side yard other than a flankage side yard. 5. Provisions (1) Uses Permitted ("MC-22" Zone) (a) No person shall, within the lands zoned "MC-22" on Schedule I attached to this By-law, use any lot or erect, alter or use any building or structure for any purpose except the following: (i) Business Office (ii) Dry Cleaning Depot (iii) Dry Cleaning Establishment (iv) Food Preparation Plant (v) Light Manufacturing Plant (vi) Merchandise Service Shop (vii) Office-associated Commercial Establishment (viii) Personal Service Shop (ix) Printing Establishment (x) Restaurant (xi) Sales Outlet (xii) Scientific or Medical Laboratory (xiii) Vehicle Repair Shop (xiv) Warehouse (2) Zone Requirements ("MC-22" Zone): No person shall within the lands designated "MC-22" on Schedule I attached hereto use any lot or erect, alter or use any building except in accordance with the following provisions:
By-law No. 7675/19 (a) Lot Area (minimum) -0.4 he'ctares (b) Lot Frontage (minimum) -45 metres (c) Front Yard (minimum) -12 metres (d) Side Yard (minimum) (i) Interior Side Yard -4.5 metres (ii) Flankage Side Yard -12 metres (e) Rear Yard (minimum) -7.5 metres (f) Lot Coverage (maximum) -40 percent (g) Building Height (maximum) -12 metres (3) Parking Requirements: Page 6 (a) There shall be provided and maintained on the lot a minimum of 3.4 parking spaces per 93 square metres of gross floor area for all uses. (b) Sections 5.21.2 (a) and 5.21.2 (b) of By-law 2511, as amended, shall not apply to the lands designated "MC-22" on Schedule I attached hereto. (4) Special Provisions: (a) A sales outlet shall be permitted only if accessory to a food preparation plant, a light manufacturing plant, a merchandise service shop, a printing establishment, or a warehouse, provided the gross leasable floor area of the sales outlet does not exceed 20 percent of the gross leasable floor area of the food preparation plant, light manufacturing plant, merchandise service shop, printing establishment or warehouse. (b) A dry cleaning depot shall be permitted only if accessory to a dry cleaning establishment, provided the gross leasable floor area of the dry cleaning depot does not exceed 20 percent of the gross leasable floor area of the dry cleaning establishment. (c) The maximum aggregate gross leasable floor area shall be: (i) (ii) (iii) for all office-associated commercial establishments on the lot: for all personal service shops on the lot: for all restaurants on the lot: 500 square metres 500 square metres 400 square metres
By-law No. 7675/19 Page 7 6. By-law 2511 By-laws 941/79 and 2642/88, as they each apply to the area set out in Schedule I attached to this By-law, are hereby repealed. By-law 2511, 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 relevant provisions of By-law 2511, as amended. 7. Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this 28th day of January, 2019. David Ryar · . __ __.,. Sus~/cassel, City Clerk
Bayly Street \~:/),,~ 61.9m E MC-22 E "'s!'" ...... N I'-I.{) C'0 77.2m Schedule I to By-Law 7675/19 Passed This 28th Day of January, 2019 Mayor / Clerk/ t N