HomeMy WebLinkAboutBy-law 5887/01
By-law 5887/01 was replaced with
By-law 5938/02
See changes to Provisions, Section 4 (Page 8)
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THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. 5887/01
Being a By-law to amend Restricted Area (Zoning) By-law 2520, as amended, to
implement the Official Plan of the City of Pickering District Planning Area,
Region of Durham in Part of Lot 22, Range 3, B.F.C., in the City of Pickering.
(A 23/99)
WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit
the development of 17 freehold townhouse units on the front portion of the subject lands with
potential ground floor commercial uses, to permit a vehicle parking and boat st9rage area on the
rear portion of the subject lands, and to recognize an existing detached dWß'Iling on the north
portion of the subject lands and permit a variety of commercial uses on th~}I~md;
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AND WHEREAS an amendment to By-law 2520, as amended, is theré'fÖre deemed necessary;
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NOW THEREFORE THE COUNCIL OF THE CORPQRATION OF THE CITY OF
PICKERING HEREBY EN'ACTS AS FOLLOWS: /
1.
SCHEDULE I
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Schedule I attached hereto with notatµ;ns and references shown ,thereon IS hereby
declared to be par1/ofthis By-law. /
2.
AREA RES'YRICTED
The provisions of this By-Iq,w shall apply to those lal)ds in Part of Lot 22, Range 3,
B.F.C., designated "MU-13?, "MU-14" and "02-2" OlySchedule I attached hereto.
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3.
GENERAL PROVISIÓNS
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No building, land Ir part thereof shall her¢fter be used, occupied, erected,/Jhoved, or
structurally altereø except in conformity wjth the provisions of this By-law. //
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DEFINITIONS
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In this ~law, I /
(1) it Adult Entertainment ,Parlour" shall mean a buildin}t or part of a building in
! which is provided, }IÍ pursuance of a trade, call iJ(g, business or occupation,
services appealing /0 or designed to appeal to ,érotic or sexual appetites or
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inclinations; / /
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(2) "Bakery" shaU¡TIean a building or part of a ,9úilding in which food products are
baked, preparßd and offered for retail sale, pr in which food products baked and
prepared elsewhere are offered for retail s.µf;
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4.
(3) "Bed and Breakfast" shall mean a bus~ss within a detached dwelling in which a
maximum of three rooms are provid?"d with or without meals for hire or pay, for
the traveling or vacationing pul1licl
(4) "Boat Storage" shall mean the'temporary or seasonal open storage of boats on
land, and may include a trailer supporting a boat, but shall not include the service,
repair or sale of boats;
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(5)
"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;
(6) "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;
(7) "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, or an art school, a
golf school or any other such school operated for gain or profit, but shall not
include any other school defined herein;
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(8) "Day Nursery" shall mean lands and premises duly licensed pursuant to the
provisions of the Day Nurseries Act, or any successor thereto, for use as a facility
for the daytime care of children;
(9) "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;
(10) (a) "Dwelling" shall mean a building or part of a building containing one or more
dwelling units, but does not include a mobile home or trailer;
(b) "Dwelling Unit" shall mean one or more habitable rooms occupied or capable
of being occupied as a single, independent, and separate housekeeping unit
containing a separate kitchen and sanitary facilities;
(c) "Dwelling, Detached or Detached Dwelling" shall mean a single dwelling
which is freestanding, separate and detached from all other main buildings or
structures;
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(d) "Multiple Dwelling - Horizontal" shall mean a building containing three or
more dwelling units attached horizontally, not vertically, by an above grade
wall or walls;
(11) (a) "Floor Area - Residential" shall mean the area of the floor surface contained
within the outside walls of a storey or part of a storey;
(b) "Gross Floor Area - Residential" shall mean the aggregate of the floor areas of
all storeys of a building or structure, or part thereof as the case may be, other
than a private garage, an attic, or a cellar;
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(c) "Ground Floor Area" shall mean the area of that portion of a lot occupied by a
building or structure, exclusive of any porch, private garage, verandah or
sunroom, unless such sunroom is habitable at all seasons;
(d) "Gross Leasable Floor Area - Commercial" shall mean the aggregate of the
floor areas of all the storeys of a building or structure, or part thereof as the
case may be, other than rooms or space jointly used by tenants of the building,
such as garbage storage areas, mechanical and electrical rooms, lobbies,
stairwells, elevators and service corridors;
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(12) "Games Arcade" shall mean any building, room, or area in which facilities are
offered for the play of
(a) three or more games of chance,
(b) three or more games of mixed chance and skill,
(c) a combination of three or more games of chance and games of mixed chance
and skill,
for the amusement of the public, which games are not contrary to the Criminal
Code of Canada, but does not include premises in which the amusement facilities
offered are pool tables, billiard tables, or bowling alleys;
(13) (a) "Lot" shall mean an area ofland 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 Frontage" 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;
(14) "Parking Lot" shall mean a lot or portion thereof, used for the temporary storage
or parking of motor vehicles and available for public use, whether free, for
compensation, or as an accommodation for clients, customers or residents, but
shall not include the repair or the storage or parking of motor vehicles for hire and
gain, display or for sales;
(15) "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 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 MA5, as
amended from time-to-time, or any successor thereto;
(16) "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, or theatre, but shall not include a games arcade or an adult entertainment
parlour as defined herein;
(17) "Private Garage" shall mean an enclosed or partially enclosed structure for the
storage of one or more vehicles, in which structure no business or service is
conducted for profit or otherwise;
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(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,
an 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 MA5, as
amended from time-to-time, or any successor thereto;
(19) "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, but shall not include an
adult entertainment parlour as defined herein;
(20) "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.
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(21) (a) "Yard" shall mean an area ofland 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;
(b) "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;
(c) "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;
(d) "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;
( e) "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;
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(f) "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;
(g) "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;
(h) "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;
(i) "Flankage 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;
(j) "Interior Side Yard" shall mean a side yard other than a flankage side yard.
5. PROVISIONS
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(1)
(a) Uses Permitted ("MU-13" Zone)
No person shall within the lands designated "MU-13" on Schedule I attached
hereto, use any lot or erect, alter, or use any building or structure for any
purpose except the following:
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(i) bed and breakfast
(ii) business office
(iii) club
(iv) day nursery
(v) detached dwelling
(vi) personal service shop
(vii) professional office
(viii) restaurant - type A
(ix) retail store
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(b) Zone Requirements ("MU-13" Zone)
No person shall within the lands designated "MU-13" on Schedule I attached
hereto, use any lot or erect, alter, or use any building except in accordance
with the following provisions:
(i) BUILDING LOCATION AND RESTRICTIONS:
A Buildings and structures shall be located entirely within the envelope
illustrated on Schedule I attached hereto;
B Building Height:
minimum 7.5 metres
maximum 11.0 metres
C Front Yard Depth:
minimum 3.0 metres
maximum 4.5 metres
D Despite clause C above, front yard balconies, verandahs and decks,
both covered and uncovered, may project fully into the required
minimum front yard;
(ii) PARKING REQUIREMENTS
A For any business office, club, day nursery, personal service shop,
professional office, restaurant type-A and/or retail store use, there shall
be provided and maintained on the lot a minimum of 5 parking spaces
per 100 square metres of gross leasable floor area or part thereof;
B For a detached dwelling use, there shall be provided and maintained on
the lot a minimum of 2 parking spaces;
C For a bed and breakfast use, there shall be provided and maintained on
the lot a minimum of 5 parking spaces;
D Clauses 5.21.2a) to 5.21.2f) inclusive, of By-law 2520, as amended,
shall not apply to the lands designated "MU-13" on Schedule I attached
hereto;
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E Despite clauses 5.21.2g) and 5.21.2k) of By-law 2520, 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;
(iii) SPECIAL REGULATIONS
A The maximum combined gross leasable floor area for all non-
residential uses on the lands zoned "MU-13" on Schedule I attached
hereto shall not exceed 500 square metres;
B I For the purpose of this clause, the term "drive-through facility"
shall mean a facility in which goods, products or services are
provided directly to the customer in vehicles;
II No drive through facility shall be permitted in association with any
of the uses permitted on the lands designated "MU-13" on
Schedule I attached hereto;
C A maximum of one dwelling unit is permitted on the lands designated
"MU-13" on Schedule I attached hereto;
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D The minimum gross floor area - residential for a detached dwelling
shall be 100 square metres;
E Notwithstanding the provisions of 5.(1)(b)(i) and 5.(1)(b)(iii)D above,
the buildings existing on the lands designated "MU-13" on Schedule I
attached hereto, on the date of the passing of this By-law, as shown on
Reference Plan 40R-20148 prepared by Donevan Fleischmann Petrich
Ltd., Ontario Land Surveyors, dated November 21, 2000, shall be
deemed to comply with the provisions of this By-law, amending Zoning
By-law 2520.
(2) (a) Uses Permitted ("MU-14" Zone)
No person shall wi thin the lands designated "MU -14" on Schedule I attached
hereto, use any lot or erect, alter, or use any building or structure for any
purpose except the following:
(i) Residential Uses:
A multiple dwelling - horizontal
(ii) Commercial Uses:
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A business office
B commercial school
C professional office
D personal service shop
E restaurant type-A
F retail store
(b) Zone Requirements ("MU-14" Zone)
No person shall within the lands designated "MU-14" on Schedule I attached
hereto, use any lot or erect, alter, or use any building except in accordance
with the following provisions:
(i) BUILDING LOCA nON AND RESTRICTIONS:
A Buildings and structures shall be located entirely within the envelope
illustrated on Schedule I attached hereto;
B Despite A above, front yard balconies, verandahs and decks, both
covered and uncovered, may project fully into the required minimum
front yard;
C
Front Yard Depth:
minimum 3.0 metres
maximum 4.5 metres
(ii) Building Height:
minimum 7.5 metres
maximum 11.0 metres
(iii) Lot Frontage:
minimum 6.0 metres
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(b) PARKING REQUIREMENTS
(i) For each and every multiple dwelling - horizontal, there shall be
provided and maintained a minimum of 3 parking spaces, (any of which
may not be located within a front yard), and one of which must be
provided within an attached private garage located to the rear of the
dwelling unit, any vehicular entrance of which shall be located not less
than 6 metres from any street or drive aisle providing access to those
lots;
(ii) Clauses 5.21.2a) to 5.21.2f) inclusive, of By-law 2520, as amended,
shall not apply to the lands designated "MU-1 0" on Schedule I attached
hereto;
(iii) Despite Clauses 5.21.2g) and 5.21.2k) of By-law 2520, 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.
(iv) Section 5.21.1 shall not apply to the lands designated "MU-14" on
Schedule I attached hereto.
(c) SPECIAL REGULA nONS
(i) A maximum of 17 multiple dwelling - horizontal units are permitted on
the lands designated zoned "RM/MU -1" on Schedule I attached hereto;
(ii) Each dwelling unit shall provide a minimum ground floor area of
60 square metres, with a minimum floor-to-ceiling height of2.7 metres;
(iii) Despite Section 5.(2)(a)(ii) of this By-law, non-residential uses
permitted within the "MU-14" zone designation may be established
only within the ground floor of a multiple dwelling - horizontal;
(iv) A single dwelling unit shall be established on each lot, entirely above
the ground floor of the dwelling.
(a) Uses Permitted ("02-2" Zone)
No person shall within the lands designated "02-2" on Schedule I attached
hereto, use any lot or erect, alter, or use any building or structure for any
purpose except the following:
(i) parking lot
(ii) boat storage
(b) Zone Requirements ("02-2" Zone)
No person shall within the lands designated "02-2" on Schedule I attached
hereto, use any lot or erect, alter, or use any building except in accordance
with the following provisions:
(i) All vehicular parking and boat storage shall take place entirely within
the envelope illustrated on Schedule I attached hereto;
(ii) No buildings or structures shall be erected on the lands designated
"02-2" on Schedule I attached hereto;
(iii) Despite Clause (ii) above, section 5.21.2i) of Zoning By-law 2520 shall
apply to the lands designated "02-2" within the established envelope
on Schedule I attached hereto;
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(iv) Clauses 5.21.2a) to 5.21.2t) inclusive, and clause 5.21.2k), of By-law
2520, as amended, shall not apply to the lands designated "02-2" on
Schedule I attached hereto;
(4) (a) Uses Permitted ("(H)" Holding Symbol)
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Despite the provisions of Section 5.(2) of this By-law, while the "(H)"
Holding Symbol is in place preceding the "MU-14" Zone designation as
outlined on Schedule I attached hereto, no person shall use any lot or erect,
alter or use any building or structure for any purpose except by amendment to
this By-law.
(b) Removal of the "(H)" Holding Symbol
Prior to an amendment to remove the "(H)" Holding Symbol preceding the
"MU-14" Zone designation, an appropriate agreement(s) shall be entered into
between the City of Pickering and the owner of the lands to which the "(H)"
Holding Symbol applies, to address:
(i) minimum construction criteria of dwelling units to ensures that
dwellings can readily accommodate retrofit to accept commercial uses
within the ground floor; and,
(ii) the registration on title of appropriate clauses prohibiting certain types
of privacy fencing within front yards.
6. BY-LAW 2520
By-Iaw2520, 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 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 2520, as amended.
7. 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 -L day of
October ,2001.
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
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WHARF
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ENVELOPE
STREET
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SCHEDULE I TO BY-LAW 5887/01
PASSED THIS 1
DAY OF Octoœr 2001
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MAYOR
CLERK
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City of Pickering
Planning & Development Department
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DATE JAN. 15,2002