HomeMy WebLinkAboutBy-law 4366/93 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 4366/93
Being a By-law to amend Restricted Area (Zoning) By-law 3036 as amended,
to implement the Official Plan of the Town of Picketing District Plamfing
Area, Region of Durham in Block 69, Plan 40M-1700 and Part of Lot 33,
Concession 1, in the Town ofPickering. (A 17/93)
WHEREAS the Council of the Corporation of the Town of Picketing passed By-law 2822/88,
amending By-law 3036, as amended, to permit the establishment of residential and retail
commercial uses on the subject lands, being Block 69, Plan 40M-1700, and Part of Lot 33,
Concession 1, in the Town of Picketing;
AND WHEREAS the Council of the Corporation of the Town of Picketing deems it desirable to
change the development requirements for the subject lands, being Block 69, Plan 40M-1700, and
Pan of Lot 33, Concession I, in the Town of Picketing, as set out in By-law 3036, and amended
by By-law 2822/88;
AND WHEREAS an amendment to By-law 3036, is therefore deemed necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
PICKERING HEREBY ENACTS AS FOLLOWS:
Schedule I attached hereto with notations and references shown thereon is hereby
declared to be part of this By-law.
The provisions of this By-law shall apply to those lands in Block 69, Plan 40M-1700 and
Part of Lot 33, Concession I, designated "LCA-6" and "OS-A" on Schedule I attached
hereto.
3. GENERAL PROVISION
No building, land or part thereof shall hereafter be used, occupied, erected, moved
or structurally altered except in conformity with the provisions &this By-law.
In this By-law,
(1) ~ 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;
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(2) ~ 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;
(3) ~ shall mean an athletic, recreational or social club operated for
gain or profit and having public or private membership;
(4) .... 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;
(5) "Commercial-Recreational Establishment" shall mean a commercial establishment
in which indoor recreational facilities such as bowling alleys, miniature golf
courses, roller skating rinks, 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 as defined herein;
(6) ~ shall mean lands and premises duly licensed pursuant to the
provisions of the Day Nurseries Act, or any successor thereto, and for the use as a
facility for the daytime care of children;
(7) "Dry-Cleaning Establishment - Type B" shall mean a building or part of a building
where articles, goods or fabric to be subjected to dry-cleaning and related
processes are received or distributed, or where a dry-cleaning plant is operated, or
both, where a dry-cleaning plant does not exceed a dry weight capacity of 27
kilograms, does not vent or emit noxious gases, odors or fumes, and is not a
source of noise or vibration that causes a nuisance to neighbouring premises, and
which may include the laundering, pressing or incidental tailoring or repair of
articles, goods or fabric;
(8) (a) "~" shall mean a building or part of a building containing one or
more dwelling units, but does not include a mobile home or trailer;
(b) "~" shall mean one or more habitable rooms occupied or
capable of being occupied as a single, independent and separate
housekeeping unit containing a separate kitchen and sanitary facilities;
(c) "Multiple Dwelling - Horizontal" shall mean a building containing three or
more dwelling units attached horizontally, not vertically, by an above
grade wall or walls;
(d) "Multiple Dwelling - Vertical" shall mean a building containing four or
more dwelling units attached horizontally or vertically, each unit having
access from an internal corridor system connecting with at least one
common entrance from outside the building;
(9) "' ' -- "shall mean a building or part ora building in which money
is deposited, kept, lent or exchanged;
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(10) (a) 2f_lO_Ol_fi. tt,~ 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;
(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, but excluding storage areas below
established grade;
(11) "Laundromat" shall mean a self-serve clothes washing establishment containing
washing, drying, ironing, finishing or other incidental equipment;
(12) "Personal Service Shop" shall mean an establishment in which a personal scrvice
is performed and which may include a barber shop, a beauty salon, a shoe repair
shop, a tailor or dressmaking shop or a photographic studio, but shall not include
a body-rub parlour as defined in the Municipal Act, R.S.O. 1990, Chapter M.45,
as amended from time to time, or any successor thereto;
(13) "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 games arcade or an adult entertainment
parlour as defined in the Municipal Act, R.S.O. 1980, Chapter 302, as amended
from time to time, or any successor thereto;
(14) "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;
(15) "Private Club" shall mean an athletic, recreational or social club not operated for
gain or profit and having private membership;
(16) (a) "Private Non-Residential 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 continued or established pursuant to the Education Act,
R.S.O. 1990, c. E.2, or any successor thereto;
(ii) a college of applied arts and technology continued or established
pursuant to the Ministry of Colleges and Universities Act,
R.S.O. 1990, c. M.19, or any successor thereto; and
(iii) a university eligible to receive provincial funding pursuant to the
Ministry of Colleges and Universities Act, or any successor thereto;
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(17) "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, Chapter M.45, as amended from time
to time, or any successor thereto;
(18) "Public Club" shall mean an athletic, recreational or social club not operated for
gain or profit and having public membership;
(19) " - "shall mean a building or part of a building where food is
prepared and offered or kept for retail sale to the public for inunediate
consumption on the premises or off the premises, or both on and off the premises;
(20) "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.
5. ~
(1) Uses Permitted ("LCA-6" Zone)
No person shall within the lands designated "LCA-6" on Schedule I attached
hereto use any lot or erect, alter or use any building or structure for any purpose
except the following:
(a) bakery
(b) business office
(c) commercial club
(d) commercial-recreational establishment
(e) commercial school
day nursery
(g) dry-cleaning establishment - type B
(h) financial institution
(i) laundromat
0) multiple dwelling - horizontal
(k) multiple dwelling - vertical
(1) personal service shop
(m) place of amusement or entertainment
(n) place of assembly
(o) private club
(p) private non-residential school
(q) professional office
(r) public club
(s) restaurant - type A
(t) retail store
(2) Zl21xe,~,fllaI~ ("LCA-6" Zone)
No person shall within the lands designated "LCA-6" on Schedule I attached hereto use
any lot or erect, alter or use any building or structure except in accordance with the
following provisions:
(a) NUMBER OF DWELLING UNITS:
No less than 50 and no more than 78 dwelling units shall be permitted.
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(b) BUILDING RESTRICTIONS:
A No building, part of a building, or structure shall be erected unless it is
located wholly within the building envelope illustrated on Schedule I
attached hereto;
B No building, part of a building, or structure that exceeds a height of
12.0 metres shall be erected except in the area cross hatched on Schedule l
attached hereto, within which area the minimum building height shall be
12.0 metres, and the maximum building height shall be 18.0 metres;
C There shall be a minimum horizontal distance of 1.8 metres between
blocks of multiple dwellings - horizontal;
D The aggregate of the gross leasable floor areas of all buildings on the
lands, except multiple dwellings horizontal and multiple
dwellings - vertical, shall not exceed 5,110 square metres;
E Notwithstanding Section 5.7 of By-law 3036, as amended, and clause
5.(2)(b)A above, bay windows, balconies, decks, and porches, whether
covered or uncovered, shall be permitted to project a maximum of
1.5 metres beyond the limits of the building envelope illustrated on
Schedule I attached hereto;
(c) PARKING REQUIREMENTS:
A For the purpose of this clause "parking space" shall mean a usable and
accessible area of not less than 2.6 metres in width and not less than
5.3 metres in length, for the temporary parking of a vehicle, but shall not
include any portion of a parking aisle or driveway;
B There shall be provided and maintained on the lands a minimum of
5~0 parking spaces per 100 square metres of gross leasable floor area for
all uses listed in Section 5(1) of this By-law, except multiple
dwelling - horizontal and multiple dwelling - vertical;
C For each multiple dwelling - horizontal unit there shall be provided and
maintained on the lands one private garage attached to the dwelling unit;
D For each multiple dwelling - horizontal unit there shall be provided on the
lands one parking space located between the vehicular entrance of the
private garage and the nearest traffic aisle, or public road;
E For each multiple dwelling - vertical unit there shall be provided and
maintained on the lands 1.2 parking spaces per unit for residents, and
0.3 of a parking space per dwelling unit for visitors. All resident parking
shall be provided below grade. Visitor parking shall be provided at grade
or below grade, or both;
F Clauses 5.21.2a), 5.21.2b), 5.21.2c), 5.21.2d), 5.21.2e), and 5.21.20 of
By-law 3036, as amended, shall not apply to the lands designated "LCA-6"
on Schedule 1 attached hereto;
G Notwithstanding clauses 5.21.2g) and 5.21.2k) of By-law 3036, 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.
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(d) SPECIAL REGULATIONS
A Notwithstanding Section 5.7 or' By-law 3036, as amended, and clause
5.(2)(b)A of this by-law, buildings, structures, and fences associated with
permitted mechanical, recreational, security, parking and other ancillary
residential facilities may be permitted outside the limits of the building
envelope illustrated on Schedule I attached hereto;
B Prior to the issuance of a building permit to allow development to occur
within the lands designated "LCA-6" on Schedule I attached hereto, Site
Plan Approval must be granted by the Town.
(3) Uses Permitted ("OS - A" Zone)
No person shall within the lands designated "OS-A" on Schedule I attached hereto use
any lot or erect, alter or use any building or structure for any purpose except the
following:
(a) conservation of the natural environment, soil, and wildlife;
(b) resource management;
(c) landscape open space;
(d) outdoor patio.
(4) Zone Requirements COS-A" Zone)
No person shall within the lands designated "OS-A" on Schedule I attached hereto use
any lot or erect, alter or use any building or structure except in accordance with the
following provisions:
(a) SPECIAL REGULATIONS:
A No buildings or structures shall be erected, nor any existing buildings or
structures be enlarged, modified or changed, nor shall fill be placed or
removed except for the purposes of flood and erosion control, resource
management or a landscape open space;
B For the purpose of this clause, "landscape open space" shall mean open
and unobstructed space on a lot, which is suitable and used for the growth
and maintenance of grass, flowers, bushes, shrubs or other landscape
plants and may include any surface walk, uncovered patio or similar space
but does not include any portion of a parking space, parking aisle,
driveway or ramp;
C For the purpose of this clause, "outdoor patio" shall mean an uncovered
outdoor eating area not exceeding 93 square metres in area, which occurs
in conjunction with any restaurant use permitted under the "LCA - 6"
zone, where seating accommodation is provided, and where meals and
refreshments are served.
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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 the relevant provisions of By-law 3036, as amended.
This By-law shall take effect from the day of passing hereof, subject to the approval of
the Ontario Municipal Board, if required.
READ A FIRST AND SECOND TIME THIS 20th DAY OF December, 1993.
READ A THIRD TIME AND PASSED THIS 20th DAY OF December, 1993.
MAYOR / ~
WAYNE ARYHURS
/
CLERK
BRUCE J. TAYLOR
LCA-6
PART OF BLOCK 6§, PLAN 40M-1700
AND PART OF LOT 55, CONCESSION 1
BUILDING ENVELOPE I
N
BUILDING HEIGHT REOUIREMENT
SEE SECTION 5.(2)(b)B
SCHEDULE I TO BY-LAW 4366/93
PASSED THIS 20th
DAY OF December 1993
CLERK
Town of Pickering Planning Department