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HomeMy WebLinkAboutBy-law 4138/92 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 4138/92 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 25, Concession 1, in the Town of Pickering. (A 63/88) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the development of various special purpose commercial uses in addition to storage and light manufacturing uses on the subject lands, being Part of Lot 25, Concession 1; AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNClL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOI .I.OWS: 1. SCHEDULE I 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 Part of Lot 25, Concession 1, Pickering, designated "M1-SC 30" on Schedule I attached hereto. 3. ~ENERAL 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) "Commercial-Recreational Establishment" shall mean a commercial establishment in which indoor recreational facilities such as bowling alleys, miniature golf courses, bingo facilities, gymnastics facilities, roller skating rinks, squash courts, swimming pools and other similar indoor recreational facilities are provided, and which may include an athletic or recreational club; (2) "Duplicating Shop" shall mean part of a building where such items as letters, plans, pictures and documents are reproduced by photostating, blueprinting or other similar methods; (3) "Furniture or Maior Aooliance Store" shall mean an establishment in which furniture, major ~pplia~ic'es or both of them are stored, offered and kept for wholesale or retail sale; (4) "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; (5) "Home Improvement Centre" shall mean a building or part of a building used for the display and wholesale and retail sale of building materials, hardware or accessories including cabinets, electrical fixtures, carpets, floor coverings, plumbing supplies, wallpaper, draperies, garden supplies, lumber and swimming pool supplies; -2- (6) (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 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; (b) ~ shall mean the percentage of lot area covered by all buildings on the lot; (7) (a) "Ma?ufacturing 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, polishing, washing, packing, adapting for sale, breaking up or demolishing the said article; (b) "Light Manufacturing Plant" shall mean a manufacturing plant used for: (i) the production of apparel and finished textile products other than the production of synthetic fibres; (ii) printing or duplicating; (iii) the manufacture of finished paper other than the processing of wood pulp; (iv) the production of cosmetics, drugs and other pharmaceutical supplies; or (v) the manufacture of finished lumber products, light metal products, electronic products, plasticware, porcelain, earthenware, glassware, or similar arucles, including but not necessarily restricted to, furniture, housewares, to~.s, musical instruments, jewellery, watches, precision instruments, radios and electronic components; (8) "Plac~ of Amusement/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. 1990, c.M.45, as amended from time to time, or any successor thereto; (9) "Restaurant - Type B" shall mean a building where food is prepared and offered or kep. t for retail sale to the public for immediate consumption in the building or buildings on the premises only; (10) "Retail Warehouse" shall mean a warehouse of at least 5,000 square metres having a floor to ceiling height of at least 7.5 metres in which over 20% but less than 80% of the gross floor area is used for retail sales, but does not include a supermarket or department store; (11) "Warehouse" shall mean a building or part of a building which is used for the housing, storage, adapting for sale, packaging, or wholesale distribution of goods, wares, merchandise, food-stuffs, substances, articles or things, and includes the premises of a warehouseman but does not include a fuel storage tank except as an accessory use; (12) "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; 5. PROVISIONS (1) Uses Permitted ("MI-SC 30" Zone) No person shall within the lands designated "M1-SC 30" on Schedule I attached hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: (a) commercial-recreational establishment -3- (b) duplicating shop (c) furniture or major appliance store (d) home improvement centre (e) light manufacturing plant (0 place of amusement/entertainment (g) restaurant - type B (h) retail warehouse (i) warehouse (2) Special Regulations ("MI-SC"-30" Zone) (a) The gross leasable floor area of each furniture or major appliance store and of each home improvement centre shall be not less than 278 square metres; (b) (i) No more than one restaurant - type B shall be permitted; (ii)The gross leasable floor area of the restaurant - type B shall not exceed 350 square metres; (c) The aggregate of the gross leasable floor areas of all warehouses (except retail-warehouses) shall be not less than 2,025 square metres; (d) The ag[regate of the gross leasable floor areas of all commercml-recretaional establishments shall be not greater than 2,400 square metres; (e) The gross floor area of all buildings on the lot shall not exceed 8,500 square metres; (f) A sales outlet may be permitted as accessory to a light manufacturing plant, or a warehouse (except a retail-warehouse) provided the gross floor area of the sales outlet does not exceed 20 percent of the gross floor area of the light manufacturing plant or warehouse. (3) Zone Requirements ("MI-SC 30" Zone) No person shall within the lands designated "M1-SC 30" on Schedule I attached hereto use any lot or erect, alter or use any building except in accordance with the following provisions: (a) BUILDING SETBACKS (minimum): as illustrated on Schedule I (b) BUILDING HEIGHT (maximum): 12.0 metres (c) OPEN STORAGE: no open storage shall be permitted (d) PARKING: (i) 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; (ii) There shall be provided and maintained on the lands designated "MI-SC 30" on Schedule I hereto, a minimum of 300 parking spaces; (iii) Notwithstanding Section 5.21.2 (g)of By-law 3036, as amended, all parking areas shall be surfacedwith brick, asphalt or concrete, or any combination thereof; (iv) Sections 5.21.2 (a), 5.21.2 (b) and 5.21.2 (d) of By-law 3036, as amended, shall not apply to the lands designated "MI-SC 30" on Schedule I hereto. -4- (4) "Holding Provision ("H" Symbol) (a) Prior to an amendment to remove the "(H)" holding symbol preceeding the zone categor3, "MI-SC 30" the following condition shall be met: (i) an agreement between the Town of Picketing and the owner of the lands to which the "(H)" - Holding symbol applies, to provide for the development thereof for the purposes of and in accordance with the provisions of this By-law shall be entered into and registered on the title to the land, pursuant to the provisions of section 41 of the Planning Act, R.S.O. 1990, Chapter P. 13. (b) Despite the provisions of clause 5.1, while the ",,(H)" holding symbol is in place, no person shall within the lands designated '(H) MI-SC 30" on Schedule I attached hereto, use any lot or erect, alter or use any buildings or structure for any purpose except the following: (i) commercial-recreational establishment (ii) light manufacturing plant (iii) warehouse in accordance with Section 5.(2)(c)(d)(e)(f) and 5.(3). 6. BY-LAW By-law 3036, as amended, is hereby further amended only to the extent necessar~ 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. 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 December ,1992. READ ATHIRD TIME AND PASSED THIS 21st DAY OF December , 1992. MAYOR/' E~R~~ ~'--~'WAYNE ARTH~/~ BRUCE J. TAYLOR TOWN OF' PICKERING APPROVED AS I0 ~ORM LEX3AL DEPT. NOTE: *BUILDINO SETBACKS AS REQUIRED BY SECTfON (3)(0) SCHEDULE I TO BY-LAW 4138/92 PASSED THIS 2~st DAY O? December 1992 CLEI~K