HomeMy WebLinkAboutBy-law 5580/99THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 5580/99
Being a By-law to amend Restricted Area (Zoning) By-law 2520, as amended, to
implement the Official Plan of the Town of Pickering District Planning Area,
Region of Durham in Block S, Plan M-15, in the Town of Pickering. (A 32/97)
WHEREAS the Council of the Corporation of the Town of Picketing deems it desirable to
expand the list of uses permitted to operate on the subject property, and establish development
standards, where appropriate, for the subject lands;
AND WHEREAS an amendment to By-law 2520, 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 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 Block S, Plan M-15,
Pickering, designated "LCA-10" 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)
"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)
"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 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 broadcasting station, but
shall not include a retail store as defined herein;
(4)
"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, but shall not include an
adult entertainment parlour as defined herein;
(5)
"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 defined herein;
(6)
"Commercial-Recreational Establishment" shall mean a commercial
establishment in which indoor recreational facilities are provided, and which may
include an athletic or recreational club, but shall not include an adult
entertainment parlour, or any uses permissible within a place of amusement or
entertainment, as defined herein;
(7)
"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 a day nursery or any other school as defined herein;
(8)
"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;
(9)
"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;
(10)
"Financial Institutions" shall mean a building or part of a building in which
money is deposited, kept, lent or exchanged;
(11)
"Food Store" shall mean a building or part of a building in which food or produce
is stored, offered and kept for retail sale to the public and in which items or
merchandise of day-to-day household necessity may be stored, offered and kept
for retail sale to the public;
(12)
"Laundromat" shall mean a self-serve clothes washing establishment containing
washing, drying, ironing, finishing or other incidental equipment;
(13)
"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 defined in the Municipal Act, R.S.O. 1990, as
amended from time-to-time, or any successor thereto;
(14)
"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 a theatre, but shall not include a room or an area used for any video lottery
terminal use as governed by the Gaming Services Act, an adult entertainment
parlour as defined herein, or a body-mb parlour as defined in the Municipal Act,
R.S.O. 1990, as amended from time-to-time, or any successor thereto;
(15)
"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 as defined herein;
(16)
"Place of Religious Assembly" shall mean lands or premises where people
assemble for worship, counseling, educational, contemplative or other purposes of
a religious nature, which may include social, recreational, and charitable
activities, and offices for the administration thereof;
(17)
(18)
(19)
(2o)
(21)
(22)
"Private Non-Residential School" shall mean a school which is maintained for
educational or religious purposes, but shall not include a day nursery, or any other
school defined herein;
"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 a day nursery, or any other school 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 the Municipal Act, R.S.O. 1990, as amended from time-to-time, or any
successor thereto;
"Public School" shall mean,
(i)
(ii)
(xii)
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;
a college of applied arts and technology established pursuant to the
Ministry of Education, Colleges and Universities, pursuant to the Ministry
of Colleges and Universities Act, R.S.O. 1980, or any successor thereto;
a university eligible to receive potential funding from the Minister of
Education, College and Universities, pursuant to the Ministry of College
and Universities Act, R.S.O. 1980, or any successor thereto;
but shall not include a day nursery, or any other school defined herein.
"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 or off the premises, or both, but shall not include an adult
entertaiment parlour as defined herein;
"Retail Store" shall mean a building or part of a building in which goods, wares,
merchandise, foods, substances, articles or things are stored, kept and offered for
retail sale to the public.
PROVISIONS
(1) (a) Uses Permitted ("LCA-10" Zone)
No person shall within the lands designated "LCA-10" on Schedule I attached
hereto, use any lot or erect, alter, or use any building or structure for any
purpose except the following:
(i) bakeries
(ii) business offices
(iii)clubs
(iv) commercial clubs
(v) commercial-recreational establishments
(vi) commercial schools
(vii)dry cleaning depots
(viii) financial institutions
(ix) food stores
(x) laundromats
(xi) personal service shops
(xii) places of assembly
4
(xiii) places of religious assembly
(xiv) professional offices
(xv) restaurants type - A
(xvi) retail stores
(b) Zone Requirements ("LCA-IO" Zone)
No person shall within the lands designated "LCA-10" on Schedule I attached
hereto, use any lot or erect, alter, or use any building except in accordance
with the following provisions:
(i) BUILDING RESTRICTIONS:
(A) Buildings and structures shall comply with the minimum
setbacks illustrated on Schedule I attached hereto;
(ii) PARKING REQUIREMENTS:
There shall be provided and maintained on the lands designated
"LCA-10" a minimum of 4.5 parking spaces per 93 square
metres of building gross leasable floor area;
(B)
Clauses 5.21.2 a) to 5.21.2 f), inclusive, of By-law 2520, as
amended, shall not apply to the lands designated "LCA-10" on
Schedule I attached hereto;
(c)
Notwithstanding clauses 5.21.2 g) and 5.21.2 k) of By-law
2520, as amended, all entrances and exits to parking areas, and
all parking areas, shall be surfaced with brick, asphalt, or
concrete, or any combination thereof;
(iii) SPECIAL REGULATIONS:
The aggregate gross leasable floor area of all food stores on the
lot shall not exceed 1200 square metres;
The aggregate gross leasable floor area of all restaurants - type
A on the lot shall not exceed 300 square metres;
(c)
The maximum gross leasable floor area of ANY club,
commercial club, commercial-recreational establishment,
commercial school, place of assembly or place of religious
assembly shall not exceed 300 square metres;
(D)
The aggregate gross leasable floor area of ALL clubs,
commercial clubs, commercial-recreational establishments,
commercial schools, places of assembly and places of religious
assembly shall not exceed 900 square metres;
BY-LAW 2520
(1) By-law 2695, amending Restricted Area (Zoning) By-law 2520, as amended, is
hereby repealed.
(2)
By-law 2520, 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 2520, as
amended.
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
~qoverrt~ar ,199 9.
15th day of
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
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LCA-IO
MINIMUM SETBACK LINE
SCHEDULE '1' TO BY-LAW
PASSED THIS
DaY OF 1999
N
MAYOR
CLERK
BAYLY
STREE-F
WAYFARER
LANE
I~ADOM
AVE.
S~'~£ET
FRENCHMAN'S
STREET
HALLER AVENUE
OLD ORCHARD AVE.
P~CE
ILONA PARK
ROAD
II
ANNI_N~ID
WHARF
L~~E
POPRAD
AVENUE
TATRA
DRNE
GRENOBLE
BOULEVARD
L~~E
FORDON
BOULEVARD
-- FOXGLOVE AVENUE
STREET
8ROADVIEW STREET
STREET
STREET
COLMAR
STREET
ALYSSUM
BN.ATON AVENUE
AVENUE
PARKHAM- CRESCENT
LAKE
Town of Pickering
ONTARIO
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Planning Department
DATE OCT 28/99