HomeMy WebLinkAboutBy-law 6329/04THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. 6329/04
Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended by
By-law 2499/87 to implement the Official Plan of the City of Pickering District Planning
Area, Region of Durham in Part of Lot 31, Range 3, Broken Front Concession being
Part of Lots 1,2,3,4, and 9, Plan 230, City of Pickering. (A 13/03)
WHEREAS the Council of the Corporation of the City of Pickering passed
By-law 2499/87, amending By-law 3036, to permit the establishment of restricted light
industrial uses, warehouse uses and a home improvement centre use on the subject
lands, on Part of. Lot 31, Range 3, Broken Front Concession being Part of Lots 1,2,3,4,
and 9, Plan 230, in the City of Pickering.
AND WHEREAS the Council of the Corporation of the City of Pickering now deems it
desirable to further amend By-law 3036, by repealing and replacing By-law 2499/87, to
permit a mix of institutional, commercial, personal service, and office uses on the
subject lands, on Part of Lot 31, Range 3, Broken Front Concession being Part of Lots
1,2,3,4, and 9, Plan 230 in the City of Pickering;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
1. SCHEDULE I & II
Schedule I & II attached to this By-law with notations and references shown
thereon is 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 31,
Range 3, Broken Front Concession being Part of Lots 1,2,3,4, and 9, Plan 230, in
the City of Pickering, designated "MU-18" on Schedule I attached to this By-law.
3. 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 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, but shall not
include a Restaurant - Type A;
(2)
"Banquet Facility" shall mean a building or part of a building used for the
purposes of catering to banquets, weddings, receptions, or similar
functions for which food and beverages are prepared and served on the
premises but shall not include a restaurant;
(3)
"Build-to-Zone" shall mean an area of land within which all or part of a
building or buildings are to be located;
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
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"Business Office" shall mean a building or part of a building in which the
management or direction of 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;
"Commercial Club" shall mean an athletic or recreational club operated for
gain or profit and having public or private membership;
"Commercial Recreation 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 recreational facilities are provided and operated
for gain or profit, but shall not include a place of amusement or
entertainment or bingo hall facility as defined herein;
"Commercial School" shall mean a school which is operated for gain of
profit and may include the studio of a dancing teacher or music teacher,
and art school, a golf school or any other such school operated for gain or
profit, but shall not include any other school defined herein;
~'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 any such processes;
"Financial Institution" shall mean a building or part of a building in which
money is deposited, kept, lent or exchanged;
"Functional Floor Level" shall mean an enclosed building storey containing
an area of at least 50% of the building's ground floor area, and a ceiling
height suitable for the intended use;
"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;
"Home Improvement Centre" shall mean a building or part of a building
used for the display, wholesale and retail sale of building materials,
hardware or accessories, including cabinets, electrical fixtures, carpets,
floor coverings, plumbing supplies, wall coverings, draperies, garden
supplies, and lumber;
(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;
"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 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;
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(15)
"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;
(16)
"Place of Reliqious Assembly" shall mean lands or premises where people
assemble for worship, counselling, educational, contemplative or other
purposes of a religious nature, which may include social, recreational, and
charitable activities, and offices for the administration thereof;
(17)
"Private Club" shall mean an athletic, recreational or social club, and
includes the premises of a fraternal organization, but shall not include an
adult entertainment parlour as defined herein or a body rub padour as
defined in section 224 (9)(b) of the Municipal Act, R.S.O. 1990,
Chapter M.45, as amended form time-to-time, or any successor thereto;
(18)
"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, and engineer, a lawyer or a physician, 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;
(19)
"Public Club" shall .mean an athletic, recreational or social club not
operated for gain or profit and having public membership, but shall not
include an adult entertainment parlour as defined herein or 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;
(20)
"Restaurant - Type E" shall mean a building or part of a building where
.food is prepared or offered or kept for retail sale to the public for
immediate consumption in the building or elsewhere on the premises, but
shall not include a drive-thru;
(21)
"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.
PROVISIONS
(1) Uses Permitted ("(H)MU-18" Zone)
No person shall within the lands zoned "MU-18" on Schedule I attached to
this By-law 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)
(1)
(m)
(n)
(o)
(p)
(q)
administrative office
bakery
banquet facility
business office
commercial club
commercial-recreation establishment
commercial school
dry cleaning depot
financial institution
~ersonal service shop
~lace of assembly
~lace of religious assembly
~rivate Club
)rofessional office
~ublic club
restaurant - type E
retail store
(2)
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Zone Requirements ("(H)MU-18" Zone)
No person shall within the lands zoned "(H)MU-18" on Schedule I
attached to this By-law use any lot or erect, alter or use any building
except in accordance with the following provisions:
(a) BUILDING RESTRICTIONS:
(i) Building Location and Setbacks:
A
Buildings and structures shall comply with the minimum and
maximum building envelope illustrated on Schedule II
attached hereto;
B
A minimum of 50% of the Build-to-Zone must be occupied
prior to the erection of any other buildings or structures on
the subject lands;
C
The build-to-zone illustrated on Schedule II attached hereto
shall have located within it a building or buildings, or part of a
building or buildings, which must occupy the minimum
percentage of the build-to-zone as stated in clause B above;
D
Notwithstanding clause A above, in the event that the rear lot
line changes from the location of the line illustrated on
Schedule I attached to this By-law, there shall remain a
minimum rear yard building setback of 14.0 metres from the
rear lot line;
E
Notwithstanding clause B above, a deck, patio, or any
building addition having a gross floor area less than 10 square
metres, shall not be considered to be a building or part of a
building for the purpose of satisfying the requirements of that
clause, only;
(ii) Building Height:
A
Within the Build-to-Zone and between 3.0 - 6.0 metres depth
abutting Kingston Road & Rosebank Road:
- minimum 6.5 metres;
- maximum 8.5 metres;
B Within the building envelope, but beyond clause A above: - maximum 18.0 metres;
(b) PARKING REQUIREMENTS:
(i)
For a banquet facility, a commercial-recreational establishment,
place of assembly, place of religious assembly, private / public /
commercial club, and commercial school there shall be provided
and maintained a minimum of 8 parking spaces for every 100
square metres of gross leasable floor area;
(ii)
For all other uses, there shall be provided and maintained on the
lands a minimum of 5.5 parking spaces for every 100 square
metres of gross leasable floor area or part thereof;
Clauses 5.21.2 (a) and (b) of By-law 3036, as amended, shall not
apply on lands designated "MU-18" on Schedule I attached
hereto;
(iv)
Notwithstanding clauses 5.21.2 (g) and 5.21.2 (k) of By-law 3036,
as amended, all entrance 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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(c) SPECIAL REGULATIONS:
(i) All uses, other than parking, shall take place entirely within
enclosed buildings or structures with no outside storage or
display;
(ii) Section 5.22 (1) shall not apply to the lands designed "(H)MU-18"
on Schedule I attached hereto;
(iii) No parking shall take place within the Build-to-Zone.
6. Holdinq Provision - (H) Holding Symbol
(1) Holdinq Provision Requirements
(a) Permitted Uses
While the "(H)" holding symbol is in place, no person shall, on the lands
designated "(H)"MU-18, use the lands for any purpose other than for a
Home Improvement Centre;
(b) Removal of the (H) Holding Symbol
Prior to an amendment to remove the (H) Holding Symbol preceding the
above zoning category "MU-18" the following condition shall be met:
(i)
An appropriate site plan agreement shall be entered into between
the owner of the lands to which the (H) Holding Symbol applies
and the City of Pickering, and shall be registered on title to the
lands, to address development of the site, removal of the outdoor
storage structures (pole barns), enhanced landscaping at the
corner of Kingston Road and Rosebank Road and other related
matters;
(c) Existing Development
(i)
All development existing on the date of the removal of the (H)
By-law on Part of Lot 31, Range 3, Broken Front Concession
being Part of Lots 1,2,3,4, and 9, Plan 230, shall be deemed to
comply with the provisions of By-law 3036, as amended.
7. BY-LAW 3036
(1)
By-law 3036, as amended, is hereby further amended by repealing and
replacing By-law 2499/87, to give effect to the provisions of this By-law as
it applies to the area set out in Schedule I attached to this By-law.
(2)
Definitions and subject matters not specifically dealt with in this By-law
shall be governed by 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.
BY-LAW read a first, second and third (ime and finally passed this
May ., 2004.
day of
,2'Bruce Taylor, Clerk
)MU-la
PART OF LOT ,31. B.F.C
(PART OF LOT 1, 2,
+9. PLAN 250)
SCHEDULE T TO BY-LAW 6329/04
PASSED THIS
DAY OF May 2004
CLERK
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----BUILDING ENVELOPE
~ BUILD-TO-ZONE
LANDS AFFECTED
BY THIS BY-LAW
SCHEDULE TI' TO BY-LAW
PASSED THIS
DAY OF May 2004
6329/04