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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) -2- "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; -3- (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) -4- 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; -5- (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 / / / / / / / / ----BUILDING ENVELOPE ~ BUILD-TO-ZONE LANDS AFFECTED BY THIS BY-LAW SCHEDULE TI' TO BY-LAW PASSED THIS DAY OF May 2004 6329/04