HomeMy WebLinkAboutBy-law 5438/99THE CORPORATION OF THE TOWN OF PICKER1NG
BY-LAW NUMBER 5438/99
Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended,
to implement the Official Plan of the Town of Piekering District Planning
Area, Region of Durham, in the north part of Lot 29, Range 3, B.F.C., in the
Town of Pickering.
(A 4/98)
WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit
the development of retail commercial uses including a food store, business offices, financial
institutions, personal service shops, professional offices, rental establishments, community uses,
and restaurants in the north part of Lot 29, Range 3, B.F.C., in the Town of Piekering;
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:
SCHEDULES I AND II
Schedules I and II attached to this By-law with notations and references shown thereon
are hereby declared to be part of this By-law.
AREA RESTRICTED
The provisions of this By-law shall apply to those lands in the north part of Lot 29, Range
3, B.F.C., in the Town of Picketing, designated "MU-10" on Schedule I attached hereto.
GENERAL PROVISIONS
No building, land or part thereof shall herea~er be used, occupied, erected, moved or
structurally altered except in conformity with the provisions of this By-law.
DEFINITIONS
In this By-law,
(1)
"Adult Entertainment Parlour" shall mean a building or part of a building in which
is provided, in pursuance of a trade, calling, business or occupation, services
appealing to or designed to appeal to erotic or sexual appetites or inclinations;
(2)
"Bakery_" shall mean a building or part of a building in which food products are
baked, prepared and offered for retail sale, or in which food products baked and
prepared elsewhere are offered for retail sale;
(3)
"Build-to-Zone" shall mean an area of land within which all or part of a building
or buildings are to be located;
(4)
"Business Offices" shall mean a building or part of a building in which the
management or direction of business, a public or private agency, a brokerage or a
labour or fraternal organization is carded 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 theaters, but shall not include a retail store;
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(5)
"Club" shall mean a building or part of a building in which a not-for-profit or
non-commercial organization carries out social, cultural, welfare, athletic or
recreational programs for the benefit of the community;
(6)
"Commercial Club" shall mean an athletic or recreational club operated for gain
or profit and having public or private membership, but shall not include an adult
entertainment parlour as defmed herein;
(7)
"Commercial Recreational Establishment" shall mean a commercial establishment
in which indoor recreational facilities such as bowling alleys, miniature golf
courses, roller skating finks, squash courts, swimming pools and other similar
indoor recreation facilities are provided and operated for gain or profit, and which
may include an arena or stadium but shall not include a place of amusement or
entertainment, or games arcade as defined herein;
(8)
"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, or an art school, a
golf school or any other such school operated for gain or profit, but shall not
include any other school defined herein;
(9)
"Day Nursery" shall mean lands and premises duly licensed pursuant to the
provisions of the Day Nurseries Act, or any successor thereto, for use as a facility
for the daytime care of children;
(10)
"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;
(11)
"Financial Institution" shall mean a building or part of a building in which money
is deposited, kept, lent or exchanged;
(12)
"Food Store" shall mean a building or part of a building in which food, produce,
and other items or merchandise of day-to-day household necessity are stored,
offered or kept for retail sale to the public;
(13)
"Functional Floor Level" shall mean an enclosed building storey containing an
area of at least 50% of the building's ground floor area, and having a ceiling
height suitable to permit the intended use;
(14)
"Games Arcade" shall mean any building, room, or area in which facilities are
offered for the play of
(a) three or more games of chance,
(b) three or more games of mixed chance and skill,
(c) a combination of three or more games of chance and games of mixed chance
and skill,
for the amusement of the public, which games are not contrary to the Criminal
Code of Canada, but does not include premises in which the amusement facilities
offered are pool tables, billiard tables, or bowling alleys;
(15)
"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, but excluding storage areas below established grade;
(16)
(a)
"Lot" shall mean an area of land fronting on a street which is used or
intended to be used as the 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;
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(17)
(18)
(19)
(20)
(21)
(22)
(23)
(b) "Lot Coverage" shall mean the percentage of lot area covered by all buildings
on the lot;
"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-mb parlour as def'med in section 224 (9)(b) of the Municipal Act,
R.S.O. 1990, Chapter M.45, as amended from time-to-time, or any successor
thereto;
"Place of Amusement or Entertainment" shall mean a building or part of a
building in which facilities are provided for amusement or entertainment
purposes, and which may include a billiard or pool room, a dance hall, a music
hall, or theatre, but shall not include a games arcade;
"Place of Assembly" shall mean a building or part of a building in which facilities
are provided for civic, educational, political, recreational, religious or social
meeting purposes and may include facilities for entertainment purposes such as
musical and theatrical performances, but shall not include a place of amusement
or entertainment, or games arcade as defined herein;
"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 which
may include a clinic, the offices of an architect, a chartered accountant, an
engineer, a lawyer or a physician, but shall not include a body-mb parlour as
defined in section 224 (9)(b) of the Municipal Act, R.S.O. 1990, chapter M.45, as
amended from time-to-time, or any successor thereto;
(a) "Private School" shall mean a school which is maintained for educational or
religious purposes but shall not include any other school defined herein;
(b)
"Private Residential School" shall mean a school which is maintained for
educational or religious purposes and which includes accessory residential
facilities but shall not include any other school defined herein;
(c) "Public School" shall mean,
(i) a school under the jurisdiction of a board of education which board is
established pursuant to the Education Act, R.S.O. 1980, or any successor
thereto;
(ii) a college of applied arts and technology established pursuant to the
Minislxy of Education, Colleges and Universities, pursuant to the
Ministry of Colleges and Universities Act, R.S.O. 1980, or any
successor thereto;
(iii) a university eligible to receive provincial funding from the Minister of
Education, Colleges and Universities, pursuant to the Ministry of
Colleges and Universities Act, R.S.O. 1980, or any successor thereto;
"Restaurant - Type A" 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, but shall not include an
adult entertainment parlour as defined herein;
"Restaurant - Type F" 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 on and off the premises,
and which may include a drive-through order and pick-up service;
o
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(24)
"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 retail
sale to the public.
PROVISIONS
(1) Uses Permitted ("MU-10" Zone)
No person shall, within the lands zoned "MU-10" 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:
(a) bakery
(b) business office
(c) club
(d) commercial club
(e) commercial recreational establishment
(f) day nursery
(g) dry cleaning depot
(h) financial institution
(i) food store
(j) personal service shop
(k) place of assembly
(1) private school
(m) professional office
(n) restaurant - type A
(o) restaurant - type F
(p) retail store
(2) Zone Requirements ("MU-10" Zone)
No person shall within the lands designated "MU-10" on Schedule I attached
hereto use any lot or erect, alter or use any building except in accordance with the
following provisions:
(a) BUILDING RESTRICTIONS
(i) Building Location and Setbacks:
A
Buildings and structures shall be located entirely within the
building envelope illustrated on Schedule II attached to this By-
law;
B
On the southern and eastern portions of the subject lands, buildings
shall be located in such a manner that the minimum percentage of
the length of the build-to-zone as indicated on Schedule II attached
to this By-law contains all or part of a building or buildings;
(ii) Building Height:
minimum 6.5 metres
maximum 12.0 metres
(iii) Functional Floors:
Any building within the area zoned "MU-10" on Schedule I attached to
this By-law shall be limited to one functional floor, except that within
the area cross-hatched on Schedule I, all buildings shall have two
functional floors;
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(3)
(iv) Lot Coverage:
minimum 20%
maximum 40%
(b) PARKING REQUIREMENTS
(i)
A minimum of 5 parking spaces shall be provided and maintained on
each lot for every 100 square metres of gross leasable floor area or part
thereof;
(ii)
Clauses 5.21.2a) to 5.21.2e) inclusive, of By-law 3036, as amended,
shall not apply to the lands designated "MU-10" on Schedule I attached
hereto;
(iii)
Despite Clauses 5.21.2g) and 5.21.2k) of By-law 3036, as amended, all
entrance and exits to parking areas and all parking areas shall be
surfaced with brick, asphalt, or concrete, or any combination thereof.
(c) SPECIAL REGULATIONS
(i)
The maximum combined gross leasable floor area for all uses on the
lands zoned "MU-10" on Schedule I attached to this By-law shall be
7,000 square metres;
(ii)
The maximum combined gross leasable floor area for all restaurants on
the lands zoned "MU-10" on Schedule I attached to this By-law shall be
900 square metres;
(iii)
The maximum combined gross leasable floor area for all food stores on
the lands zohed "MU-10" on Schedule I attached to this By-law shall be
3,500 square metres;
(iv)
A maximum of two Restaurant - Type F uses are permitted on the lands
zoned "MU-10" on Schedule I attached to this By-law, one of which is
restricted to the lands within the cross-hatched area;
A maximum of one restaurant, located wholly on the ground floor, with
a maximum gross leasable floor area of 230 square metres is permitted
on the lands within the cross-hatched area on Schedule I attached to this
By-law;
(vi)
The maximum ground floor area for all buildings located within the
area cross-hatched on Schedule I attached to this By-law shall be 660
square metres, for which a maximin gross leasable floor area of 1320
square metres will be permitted.
Uses Permitted Zone Requirements ("(H)" Zone)
Despite the provisions of Clause 1 (a), while the "(H)" holding symbol is in place,
no person shall, within the lands zoned "(H)MU-10" on Schedule I attached to
this By-law, use any lot or erect, alter or use any buildings or structure for any
purpose except a legal non-conforming use existing on the date of the passing of
this By-law.
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(4)
Removal of"(I-I)" Holding Symbol
Prior to an amendment to remove the "(H)" holding symbol preceding the "MU-
10'' zone code, an agreement between the Town of Picketing, the Region of
Durham, and the owner of the land to which the "(H)" holding symbol applies
providing for the installation of traffic signals at the intersection of Kingston Road
and Steeple Hill Road and the urbanization of Kingston Road across the frontage
of the subject lands shall be entered into and registered on rifle.
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 relevant provisions of By-law 3036, as amended.
7. 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.
BY-LAW read a first, second, and third time and finally passed this ls ~c day of February,
1999.
Wayne Arthurs, Mayor
Brace Taylor, Clerk
(H)MU-IO
PARTS 1 & 2, 40R-16854
STEEPLE
SCHEDULE I TO BY-LAW
PASSED THIS 1st
DAY OF February 1999
5438/99
MAYOR
20.Om ~
STEEPLE
(H)MU-IO
PARTS 1 & 2, 40R-16854
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..... BUILDING ENVELOPE
SCHEDULE :[!: TO BY-LAW
PASSED THIS zst
DAY OF February 1999
5438/99
MAYOR
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JDATE JAN. 2~99
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