HomeMy WebLinkAboutBy-law 6255/04THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. 62.~5!(/4
Being a By-law to amend Restricted Area Zoning By-law 2511, to
implement the Official Plan of the City of Pickering, Region of Durham,
Part of Lot 19, Range 3, City of Pickering. (A 21/03)
WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to
permit additional industrial and commercial uses within the existing building on the
subject lands, being Part of Lot 19, Range 3, City of Pickering;
AND WHEREAS an amendment to By-law 2511 is therefore deemed necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
SCHEDULE I
Schedule I attached hereto with notations and
hereby declared to be part of this By-law.
references shown thereon is
AREA RESTRICTED
The provisions of this By-law shall apply to those lands in Part of Lot 19,
Range 3, City of Pickering, designated "MC-18" 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.
DEFINITIONS
In this By-law,
(1)
"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;
(2)
"Business Office" shall mean any building or part of a building in which
one or more persons are employed in the management, direction or
conducting of an agency, business, brokerage, labour or fraternal
organization and shall include a telegraph office, newspaper plant and a
radio or television broadcasting station and its studios or theatres, but
shall not include a retail store;
(3)
"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;
(4)
"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;
(5)
"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
any uses permissible within a place of amusement or entertainment as
defined herein;
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
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"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,
an art school, a golf school or any other school operated for gain or profit;
"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 such processes;
"Dry Cleaning Establishment" shall mean a building or part of a building
where articles, goods or fabric are subjected to dry cleaning and related
processes, are received or distributed, or where a dry cleaning plant is
operated, or both, and which may include the laundering, pressing or
incidental tailoring or repair of articles, goods or fabric;
"Food Preparation Plant" shall mean a building or part of a building in
which processed food products are cooked, baked, mixed, packaged or
otherwise prepared for distribution to retail or institutional outlets;
"Gross Leasable Floor Area" shall mean the aggregate 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;
"Light Manufacturinq Plant" shall mean a manufacturing plant used for:
the production of apparel and finished textile products other than the
production of synthetic fibers; printing or duplicating; the manufacture of
finished paper other than the processing of wood pulp; the production of
cosmetics, drugs and other pharmaceutical supplies; or, the manufacture
of finished lumber products, light metal products, electronic products,
plasticware, porcelain, earthenware, glassware or similar articles,
including but not necessarily restricted to, furniture, housewares, toys,
musical instruments, jewellery, watches, precision instruments, radios and
electronic components;
(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 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)
"Lot Coveraqe" shall mean the percentage of lot area covered by all
buildings on the lot;
(c)
"Lot Frontaqe" shall mean the width of a lot between the side lot
lines measured along a line parallel to and 7.5 metres distant from
the front lot line;
"Manufacturing 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, repairing, ornamenting,
finishing, cleaning, polishing, washing, packing, adapting for sale,
breaking up or demolishing the said article;
"Merchandise Service Shop" shall mean an establishment where articles
or goods including, but not necessarily limited to, business machines,
appliances, furniture or similar items are repaired or serviced, and
includes the regular place of business of a master electrician or master
plumber, but shall not include a manufacturing plant or any establishment
used for the service or repair of vehicles or a retail store;
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
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"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 body-rub parlour as defined in section
224(9)(b) of the Municipal Act, R.S.O. 1990, as amended from
time-to-time, or any successor thereto;
"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, 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 in the Municipal Act, R.S.O. 1990,
as amended from time-to-time, or any successor thereto;
"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;
"Place of Worship" shall mean a building or part of a building dedicated to
religious worship and may include a church, synagogue, temple or
assembly hall along with accessory office space and nursery facilities, but
shall not include a day nursery, day care centre or nursery school;
"Printinq Establishment" shall mean an establishment used for
blueprinting, engraving, electro-typing, photocopying, plotting from disk,
printing, stereotyping or typesetting;
"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 by the Municipal Act, R.S.O. 1990,
c.M. 45, as amended from time-to-time, or any successor thereto;
"Rental Establishment" shall mean a building or part of a building in which
goods, wares, merchandise, substances, articles or things are offered or
kept for offer for rent directly to the public, but does not include the rental
of motor vehicles, and does not include a video store;
"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;
"Sales Outlet" shall mean a building or part of a building accessory to a
bakery, a food preparation plant, a light manufacturing plant, a
manufacturing plant, a merchandise service shop, a printing
establishment, or a warehouse, wherein products manufactured,
produced, processed, stored, serviced or repaired on the premises are
kept or displayed for rent or for wholesale or retail sale, or wherein orders
are taken for future delivery of such products;
"Scientific, Medical or Research Laboratory" shall mean a building or part
of a building wherein scientific, research or medical experiments or
investigations are systematically conducted, or where drugs, chemicals,
glassware or other substances or articles pertinent to such experiments or
investigations may be manufactured or otherwise prepared for use on the
premises;
(25)
(26)
(27)
(28)
(29)
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"Vehicle Repair Shop" shall mean an establishment containing facilities for
the repair and maintenance of vehicles on the premises, in which vehicle
accessories are sold and vehicle maintenance and repair operations are
performed, but shall not include a body shop or any establishment
engaged in the retail sale of motor vehicle fuels;
"Vehicle Sales or Rental Establishment" shall mean an establishment
used for the sale, service, rent or lease of vehicles and which may include
as an accessory use thereto a vehicle repair shop, but shall not include
any establishment engaged in the retail sale of motor vehicle fuels;
"Warehouse" shall mean a building or part of a building which is used
primarily 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 shall not include a fuel storage tank except as an
accessory use; and
"Waste Transfer and Manaqement Facility" shall mean a building or part of
a building which is used primarily for the storage, handling or processing
of household, institutional, commercial or industrial waste;
(a) ~
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
0)
"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;
"Front Yard" shall mean a yard extending across the full width of a lot
between the front lot line of the lot and the nearest wall of the nearest
main building or structure on the lot;
"Front Yard Depth" shall mean the shortest horizontal dimension of a
front yard of a lot between the front lot line and the nearest wall of the
nearest main building or structure on the lot;
"Rear Yard" shall mean a yard extending across the full width of a lot
between the rear lot line of the lot, or where there is no rear lot line, the
junction point of the side lot lines, and the nearest wall of the nearest
main building or structure on the lot;
"Rear Yard Depth" shall mean the shortest horizontal dimension of a
rear yard of a lot between the rear lot line of the lot, or where there is
no rear lot line, the junction point of the side lot lines, and the nearest
wall of the nearest main building or structure on the lot;
"Side Yard" shall mean a yard of a lot extending from the front yard to
the rear yard, and from the side lot line to the nearest wall of the
nearest main building or structure on the lot;
"Side Yard Width" shall mean the shortest horizontal dimension of a
side yard of a lot between the side lot line and the nearest wall of the
nearest main building or structure on the lot;
"Flankage Side Yard" shall mean a side yard immediately adjoining a
street or abutting on a reserve on the opposite side of which is a street;
"Flanka.qe Side Yard Width" shall mean the shortest horizontal
dimension of a flankage side yard of a lot between the lot line adjoining
a street or abutting on a reserve on the opposite side of which is a
street, and the nearest wall of the nearest main building or structure on
the lot; and
"Interior Side Yard" shall mean a side yard other than a flankage side
yard.
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PROVISIONS
(1) Uses Permitted ("MC-18" Zone)
No person shall within the lands designated "MC-18" on Schedule I
attached hereto, use any lot or erect, alter, or use any building or structure
for any purpose except the following:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(~)
(J)
(k)
(I)
(m)
(n)
(o)
(P)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
(Y)
bakery;
business office;
club;
commercial club;
commercial-recreational establishment;
commercial school;
dry cleaning depot;
dry cleaning establishment;
food preparation plant;
light manufacturing plant;
manufacturing plant;
merchandise service shop;
personal service shop;
place of assembly;
place of amusement or entertainment;
place of worship;
printing establishment;
professional office;
rental establishment;
restaurant - Type A;
sales outlet;
scientific, medical or research laboratory;
vehicle repair shop;
vehicle sales or rental establishment;
warehouse;
(2) Zone Requirements ("MC-18" Zone)
No person shall within the lands designated "MC-18" on Schedule I
attached hereto, use any lot or erect, alter or use any building except in
accordance with the following provisions:
(a) OUTDOOR STORAGE:
A Open storage shall not be permitted;
(b) FRONT YARD DEPTH REQUIREMENTS (minimum): 15 metres
(c)
INTERIOR SIDE YARD WIDTH REQUIREMENTS
(minimum):
7.5 metres
(d)
FLANKAGE SIDE YARD WIDTH REQUIREMENTS
(minimum):
15 metres
(e) REAR YARD DEPTH REQUIREMENTS (minimum): 7.5 metres
(f) PARKING REQUIREMENTS (minimum):
A 140 spaces
B
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Sections 5.21.2 (a) and (b) of By-law 2511 shall not apply;
C
Notwithstanding section 5.21.2 (g) of By-law 2511, all
parking areas shall be surfaced with brick, asphalt or
concrete, or any combination thereof;
(g)
BUILDING SIZE (maximum aggregate, all buildings on the lands):
6750 square metres
(h) BUILDING HEIGHT (maximum):
12 metres
(i) SPECIAL REGULATIONS:
A
A sales outlet, accessory to a permitted industrial operation,
shall only be permitted provided the gross leasable area of
the sales outlet does not exceed 25% of the gross leasable
floor area of the related industrial operation;
B
Notwithstanding Clause A above, a sales outlet may exceed
25% up to a maximum of 40% of the gross leasable floor
area of the related industrial operation, provided the
aggregate gross leasable floor area of all sales outlets in a
building does not exceed 25% of the total gross leasable
floor area in that building;
C
The aggregate gross leasable floor area of all clubs,
commercial clubs, commercial schools, commercial-recreational
establishments, dry cleaning depots, personal service shops,
places of assembly, places of amusement or entertainment,
places of worship, and restaurants - type A on the lots shall
not exceed 25% of the gross leasable floor area of all
buildings on the lot;
D
The maximum gross leasable floor area for any personal
service shop, or restaurant - Type A shall be 325 square
metres;
E
The maximum aggregate gross leasable floor area shall be:
(i) for all personal service shops on the lands: 325 square
metres
(ii) for all restaurants - Type A on the lands:
metres
325 square
F
Notwithstanding any other provision in this By-law, a waste
transfer and management facility shall not be permitted on
lands designated "MC-18" on Schedule I attached hereto;
G
Despite Section 5 (1) (t), a restaurant - Type A shall not
include a drive-thru component.
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BY-LAW 2511
By-law 2511 is hereby 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 2511.
EFFECTIVE DATE
This By-law shall take effect from the day of passing hereof.
BY-LAW read a first, second and third time and finally passed this
F~h r~nry , 2004.
)_6 day of
David Rya~-M'~
'~3ruce Taylor, Clerk
IVIC-18
SCHEDULE I TO BY-LAW 6255/04
PASSED THIS 16
DAY OF February 2004
MAYOR