Loading...
HomeMy WebLinkAboutBy-law 4081/92 THE CORPORATION OF THE TOWN OF P1CKERING BY-LAW NUMBER 4081/92 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham, in Part of Lot 19, Concession 1, Town of Pickering (Part 3, Plan 40R-8663 and Part 1, Plan 40R-10048). (OPA 90-100/P, A 32/90) WHEREAS the Council of the Corporation of the Town of Picketing passed. By-law 2213/86, amending By-law 3036, to permit the establishment of de. tached dwelling residential uses on a portion of the subject lands, being Part of Lot 19, Concession 1, Town of Pickering; AND WHEREAS the Council of the Corporation of the Town of Picketing passed By-law 2840/88, amendin~ By-law 3036, to permit the establishment of detached dwelling residential and multiple dwelling residential uses on a portion of the subject lands; AND WHEREAS the Council of the Corporation of the Town of Picketing now deems it desirable to further amen. d By-law 3036, as amended by By-laws 2213/86 and 2840/88, to permit apartment residential, senior citizens apartment residential, hotel, banquet hall, office, office support commercial and hotel support commercial uses on the subject lands; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULES I AND II Schedules I and II attached hereto with notations and references shown thereon are hereby declared to be part of this By-law. 2. AREA RESTRICTED Theprovisions of this By-law shall apply to those lands in Part of Lot 19, Concession 1, in the Town of Pickering, being Part 3, Plan 40R-8663 and Part 1, Plan 40R-10048, designated "RH", "RH(SC)", and "LCA-9" on Schedule I attached hereto. 3. GENERAL PROVISIONS No building, structure, 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) "Bosin~ss Office" shall mean a build!ng or part of a building in which the management or direction of a business, a pablic or private agency, a brokerage or a labour or fraternal organization is carried on, ~nd 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; (2) "Convenience Store" shall mean a retail store in which food, drugs, periodicals or similar items of day-to-day household necessit.y, are kept for retail sale primarily to residents of or persons employed in the immediate neighbourhood; Dru t r h llme n ~l z r 'r I (3) " g Soe" s a a a bu'd'ng o pat ofa bui ding in which pharmaceutical prescriptions are compounded and dispensed to the public, and where medicine, medical supplies and associated merchandise, confectionary items, cosmetics, toiletries, periodicals, or similar items of day-to-day household necessity are stored, displayed and offered for retail sale; -2- (4) "Dry q21¢aning Establishment - Type B" shall mean a building or part of a building Wh~re 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 clean!ng 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; (5) "Duplicating Shop" shall mean a building or part of a building where items such as letters, plans, pictures and documents are reproduced by photostating, blueprinting or other similar methods; (6) (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) "Dwelling Uni'¢" 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) "Dwelling Unit, Barrier - Free" shall mean a dwelling unit that incorporates the following design features: (i) 1-bedroom units shall have a minimum dwelling unit area of 51 square metres; (ii) 2-bedroom units shall have a miaimum dwelling unit area of 73 square metres; (iii) operating devices such as thermostats, switches, faucets, latches, handles and locks shall be operable by one hand, shall not require fine finger control or twisting of the wrist to operate, and shall be mounted between 0.4 and 1.2 metres from the floor; (iv) grab-.bars shall be provided in all bathrooms and in other appropriate locations; (v) a square unobstructed wheelchair turning area of at least 1.5 square metres in an area shall be provided at the entrance area within each unit, and in each bedroom and kitchen; (vi) all doorways shall provide a minimum unobstructed passage area of 1 metre in width; (vii) surfaces such as counters, stove tops and sinks shall have a maximum height of 0.85 metres from the floor, and a minimum underside clearance of 0.7 metres from their edge; (viii) visual and audible fire alarms shall be installed in each unit; (ix) each unit shall have at least one bedroom with direct access to a bathroom; (x) bathrooms shall have a minimum floor area of 7.5 square metres; (xi) thermostat controlled valves shall be provided to regulate water temperature for all sink, shower and bathtub faucets; (d) "Dwelling Unit. Senior Citizen" shall mean a dwelling unit that incorporates the follo~,ing design features: (i) 1-bedroom units shall have a minimum dwelling unit area of 51 square metres; (ii) 2-bedroom units shall have a minimum dwelling unit area of 73 square metres; (iii) operating devices such as thermostats, switches, faucets, latches, handles and locks shall be operable by one hand and shall not require fine finger control or twisting of the wrist to operate; (iv) grab-bars shall be provided in all bathrooms and in other appropriate locations; -3- (v) a square unobstructed wheelchair turning area of at least 1.5 square metres in area shall be provided at the entrance area within each unit, and in each bedroom and kitchen; (vi) all doorways shall provide a minimum unobstructed passage area of 1 metre in width; (vii) each unit shall have at least one bedroom with direct access to a bathroom; (7) "Financial Institution" shall mean a building or part of a building in which money is deposited, kept, lent or exchanged; (8) i.'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; (9) "Hol;el" shall mean a building, or two or more attached buildings, used for the purpose of providing the public with temporary accommodations, having a minimum of 25 accommodatmn units accessed by internal corridors, and uses accessory thereto, including meeting rooms, conference rooms, recreational facilities, banquet halls, and dining and lounge areas; (10) "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 a 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; (11)" ' ' ' ' .... ' ' ' ' Multiple Dwelhng - Vertical shall mean a bmldmg contmnmg three or more dwelling units attached horizontally and vertically by an above grade wall or walls, or an above grade floor or floors, or both; (12) "Multiple Dwelling-Vertical-Senior Citizens Apartment" shall mean a multiple dwelling - vertical building complying with the following provisions: (a) a minimum of 10% of the total number of dwelling units shall be dwelling units, barrier free; (b) a minimum of 65% of the total number of dwelling units shall be dwelling units, senior citizen; (c) no dwelling units, dwelling units, barrier - free or dwelling units, senior citizen shall contmn more than two bedrooms; (d) a minimum of one lounge area, having a minimum floor area of 100 square metres, shall be provided for the common usage of residents and visitors; (e) all internal corridors shall have a minimum width of 1.8 metres; (f) all doorways shall provide a minimum unobstructed passage area of 1 metre in width; (g) mechanical door closing and opening aids shall be provided at all building entrances. (13) "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; (14) 'iOptical Stor~" shall mean a building or part of a building in which optical instruments such as eyeglasses, contact lenses, or magnifying glasses are prepared, dispensed, displayed and offered for retail sale; (15) "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 vehicles, but shall not include any portion of the parking aisle or driveway; (16) "Parkin~ Structure" shall me,a,n a building for the temporary storage of one or more vehicle~accessory or incidental to the use provided for in a particular zone; -4- (17) "Personal Service Shoo" shall mean a~ establishment in which a personal service is performed and which inay 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 224 (9)(b) of the Municipal Act, R.S.O. 1990, Chapter M.45, as amended from time to time, or any successor thereto; (18) "Professional Office" shall mean a building or part of a buildin~g 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-rub parlour as defined in section 224 (9)(b) of the Mumcipal Act, R.S.O. 1990, Chapter M.45, as amended from time to time, or any successor thereto; (19) "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; (20) "Restaurant - Type D" 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, and which may include an accessory take-out component; and (21) "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 excep, t for such accessory buildings, structures, or other uses as are specifically permitted thereon. 5. PROVISIONS (1) (a) Uses Permitted ("RH"and"RH(SC)" Zones) No person shall within the lands designated "RH" and "RH(SC)" on Schedule I attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (i) on lands designated "RH": Multiple Dwelling - Vertical (ii) on lands designated "RH(SC)": Multiple Dwelling - Vertical - Senior Citizens Apartment (b) Zone Requirements ("RH" and "RH(SC)" Zones) No person shall within the lands designated "RH" and "RH(SC.)" on Schedule I attached hereto use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (i) BUILDING HEIGHT (maximum): 5 storeys (ii) BUILDING ENVELOPE (maximum): as illustrated on Schedule II attached hereto (iii) DWELLING UNITS (maximum): 175 (2) (a) Uses Permitted ("LCA-9 Zone) No person shall within the lands designated "LCA-9 on Schedule I attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (i) Business Office (ii) Convenience Store (iii) Drug Store (iv) Dry Cleaning Establishment - Non-Venting (v) Duplicating Shop -5- (vi) Financial Institution (vii) Hotel (viii) Office-Associated Commercial Establishment (ix) Optical Store (x) Parking Structure (xi) Personal Service Shop (xii) Professional Office (xiii) Restaurant-Type D (b) Zone Requirements ("LCA-9" Zone) No person shall within the lands designated "LCA-9" on Schedule I attached hereto use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (i) BUILDING HEIGHT A (maximum): 8 storeys, except in the area cross-hatched on Schedule I attached hereto where building height (maximum) shall be 15 storeys. B (minimum): no minimum except in the area cross-hatched on Schedule I attached hereto where a portion of the building shall have a height (minimum)of 10 storeys. (ii) BUILDING ENVELOPE (maximum): as illustrated on Schedule II attached hereto (3) PARKING REQUIREMENTS: (a) For the purpose of this clause, a "parking space" shall mean a usable and accessible area of not less than 2.6 metres in w~dth and not less than 5.3 metres in length for the temporary parking of vehicles, but shall not include any portion of a parking aisle or driveway; For the lands desi' nated "RH" there shall be provided and maintained on the (b) lot a minimum o~ 1.2 parking spaces per dwelling unit for residents, and 0.3 parking sp. aces per dwelling unit for visitors. All resident parking spaces shall be provided in a below grade structure. Visitor parking spaces shall be provided at grade, in a below grade structure, or both; (c) For the lands designated "RH(SC)" there shall be provided and maintained on the lot a minimum of 0.3 parking spaces per dwelling u.nit for residents and 0.25 parking .spaces per dwelling umt for visitors. All resident parking spaces shall be provided in a below grade structure. Visitor parking spaces shall be provided at grade, in a below grade structure, or both; (d) For the lands designated"LCA-9": (i) For a hotel use, there shall be provided and maintained on the lot a minimum of 1.0 parking spaces per accommodation unit plus 3.6 parking spaces per i00 square metres gross floor area devoted to ancillary/support uses and public uses including meeting rooms, conference rooms, banquet halls, recreational facihties, dining rooms and lounges, but excluding washrooms and lobbies; (ii) For a business office use or a professional office use, or both, and ancillary/support uses, there shall be provided and maintained on the lot a minimum of 4.3 parking spaces per 100 square metres floor area or part thereof for the first 500 square metres gross leasable floor area, plus 4.1 parking spaces per 100 square metres floor area or part thereof for the next 500 square metres gross leasable floor area, plus 2.5 parking spaces per 100 square metres floor area or part thereof for the remaining gross leasablefloor area; -6- (e) All parking areas shall be surfaced with brick, asphalt or concrete, or any combination thereof; and (f) Sections 5.21.2(b), 5.21.2(e) and 5.21.2(g) of By-law 3036, as amended, shall not apply. (4) SPECIAL REGULATIONS: (a) Convenience stores, drug stores, dry cleaning establishments, duplicating shops, financial institutions, office-associated commercial establishments, optical stores, personal service shops and restaurants - Type D may only be established on the lot if they are established as ancillary/support uses for either a hotel or a business office or a professional office, or any combination thereof; (b) When established as ancillary/support uses for a business office or a professional office or both, the total aggregate gross leasable floor area of all convenience stores, drug stores, dry cleaning establishments, duplicating shops, financial institutions, office-associated commercial establishments, optical stores, personal service shops and restaurants - type D shall not exceed a maximum of 25% of the gross leasable floor area used for a professional office or a business office or both. (c) The total aggregate floor area for all convenience stores, dry cleaning establishments, duplicating shops, drug stores, office-associated commercial establishments, optical stores, personal service shops and restaurants - type D established on the lands designated "LCA-9" shall not exceed a maximum gross leasable floor area of 1,500 square metres. (d) All uses within the lands Zoned "RH" and "RH(SC)" must be established prior to or in conjunction with the establishment of any uses within the lands Zoned "LCA-9". 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 the relevant provisions of By-law 3036, as amended; 7. ENFORCEMENT (1) Any person who contravenes any of the provisions of this By-law is guilty of an offence and on conviction is liable, (a) on a first conviction to a fine of not more than $20,000; and (b) on a subsequent conviction to a fine of not more than $10,000 for each day or part thereof upon which the contravention has continued after the day on which he was first convicted. (2) Where a corporation is convicted under subsection (1), the maximum penalty that may be imposed is, (a) on a first conviction a fine of not more than $50,000; and (b) on a subsequent conviction a fine of not more than $25,000 for each day or part thereof upon which the contravention has been continued after the day on which the corporation was first convicted; and not as provided in subsection (1). (3) Where a conviction is entered under subsection (1), in addition to any other remedy or penalty by law, the court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted. -7- 8. 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. READ A FIRST AND SECOND TIME THIS 21st DAY OF Septembe[ 1992. READ A THIRD TIME AND PASSED THIS 21st DAY OFSeptember, 1992. MAY(JR ~ WAYNE ARTHURS /~CL'ERK BRUCE J. TAYLOR °~ ,40R-8663' PART OF PART 3 40R-8663 RH(SC) SCHEDULE I TO BY-LAW 4081/92 PASSED THIS 21st DAY OF September 1992 CLERK PART 3, 40R-8863 MAXIMUM BUILDING ENVELOPE SCHEDULE II TO BY-LAW 4081/92 PASSED THIS 21st DAY OF September 1992 SUBJECT FINCH AVENUE FINCH AVENUE I.-