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Home My WebLink AboutBy-law 6164/03THE CORPORATION OF THE CITY OF PICKERING BY-LAW NUMBER 6,.16__4/03 Being a By-Law to amend Restricted Area By-law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, in Part of Lot 30, Concession 2 (Parts 1 and 3 of Plan 40R-10641 and Part 2 of Plan 40R-11450), City of Pickering (A 11/02) WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to change the zoning of the lands to permit the establishment of retail, convenience- commercial, personal service, business and professional office, bakery and restaurant uses on the subject lands; AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed necessary; NOW THEREFORE THE CORPORATION OF THE COUNCIL OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULES I & II Schedules I & II attached hereto with notations and references shown thereon are hereby declared to be part of this By-law. 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lot 30, Concession 2 (Parts 1 and 3 of Plan 40R-10641 and Part 2 of Plan 40R-11450), City of Pickering, designated "C18" on Schedule I attached hereto. 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 (1) (2) (3) (4) (5) By-law: "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 or designated to appeal to erotic or sexual appetites or inclinations; "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; "Business Office" shall rnean 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; "Dry Cleaninq 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; "Financial Institution" shall mean a building or part of a building in which money is deposited, kept, lent or exchanged, and which includes a chartered bank or a branch thereof; -2- (6) (a) "Floor Area" shall mean the aggregate of the floor surface contained within the outside walls of a storey; (b) "Gross 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; (c) "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; (7) "Laudromat" shall mean a self-serve clothes washing establishment containing washing, drying, ironing, finishing or other incidental equipment; (8) "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 dressmaking shop or a photographic studio, but shall not include a bodyrub parlour as defined in The Municipal Act, R.S.O. 1980, Chapter 302, as amended from time to time, or any successor thereto; (9) "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 rub parlour as defined in The Municipal Act, R.S.O. 1980, Chapter 302, as amended from time to time, or any successor thereto; (10) "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 on and off the premises; and, (11) "Retail Store" shall mean a building or part of a building in which goods, wares, merchandise, substances, articles or things are stored, offered or kept for retail sale to the public. 5. PROVISIONS (1) Uses Permitted ("C18" Zone) No person shall, within the lands designated "C18" on Schedule I 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) dry cleaning depot; (d) financial institution; (e) laundromat; (f) personal service shop; (g) professional office; (h) restaurant, type A; (i) retail stores. (2) Zone Requirements ("C18" Zone) No Person shall, within the lands designated "C18" on Schedule I attached hereto, use any lot or erect, alter or use any building or structure except in accordance with the following provisions: -3- (a) BUILDING RESTRICTIONS (i) Buildings and Structures shall be located entirely within the Building Envelope illustrated on Schedule II attached to this By-law; (ii) For the purpose of this clause, the building envelope shown on Schedule II attached hereto shall be measured from the property lines; (iii) Building Height: maximum 9.0 metres. (b) OPEN STORAGE All uses, other than parking, shall take place entirely within enclosed buildings or structures with no outside storage or display permitted. (c) PARKING REQUIREMENTS (i) A minimum of 5.5 parking spaces shall be provided and maintained on lands zoned "C18" on Schedule I attached to this By-law for every 100 square metres of gross leasable floor area or part thereof; (ii) Clauses 5.21.2 (a), (b), (c) and (e) inclusive, of Bylaw 3036, as amended, shall not apply to the lands zoned "C18" on Schedule I attached hereto; (iii) Despite Clauses 5.21.2 (g) and 5.21.2 (k) 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; and, (iv) All parking spaces shall be set back a minimum of 3.0 metres from Finch Avenue and the easterly boundary of the lands zoned "C18" on Schedule I attached to this By-law. (d) SPECIAL RESTRICTIONS: (i) No drive-through facility shall be permitted in association with any of the uses permitted on the lands designated "C18" on Schedule I attached hereto; and, (ii) The gross floor area of restaurant Type 'A' uses on the lot shall not exceed 220 square metres. 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 Schedules 'T' & "11" 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. 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 .lu! y ,2003. 28th day of W ayn"~'ATt~d r-~,--M-aye r Bruce Taylor, Clerk C-18 SCHEDULE I TO BY-LAW PASSED THIS DAY OF July 2003 616 4/03 CLERK BUILDING ENVELOPE SCHEDULE, ff TO BY-LAW 6164/03 PASSED THIS ~,~th DAY OF July 2003 MAYOR CLERK