HomeMy WebLinkAboutBy-law 6779/07
THE CORPORATION OF THE CITY OF PICKERING
BY-lAW NO. 6779/07
Being a By-law to amend Restricted Area (Zoning) By-law 3036, to
implement the Official Plan of the City of Pickering, Region of Durham, on
lot 126, Plan 1051, (Part 1, 40R-23692), in the City of Pickering. (A 5/06)
WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to
permit the development of retail commercial uses including, business offices, financial
institutions, personal service shops, professional offices, and restaurants in lot 126,
Plan 1051, (Part 1, 40R-23692), in the City of Pickering;
AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed
necessary;
NOW THEREFORE THE COUNCil OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOllOWS:
1. SCHEDULE I
Schedule I attached to this By-law 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 lot 126, Plan 1051,
(Part 1, 40R-23692), in the City of Pickering, designated "C-20" on Schedule I
attached hereto.
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) "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 erotic or sexual appetites or
inclinations;
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(2) "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;
(3) "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;
(4) "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;
(5) "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;
(6) "Drive-thru" shall mean a building or part of a building devoted to a drive-
through order and pick-up service;
(7) "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;
(8) "Financial Institution" shall mean a building or part of a building in which
money is deposited, kept, lent or exchanged;
(9) "Fitness Club" shall mean a building or part of a building in which facilities
are provided for recreational athletic activities including but not limited to
body-building and exercise classes, and shall include a sauna;
(10) "Functional Floor Level" shall mean an enclosed building storey containing
an area of at least 50% of the building's ground floor area, and having a
ceiling height suitable to permit the intended use;
(11) "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;
(12) "Laundromat" shall mean a self-serve clothes washing establishment
containing washing, drying, ironing, finishing or other incidental
equipment;
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(13) "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 MAS, as
amended from time-to-time, or any successor thereto;
(14) "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 MAS, as amended from time-to-time, or any
successor thereto;
(15) "Restaurant - TVDe 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 or drive-thru component
as defined herein;
(16) "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.
(17) "Veterinary Clinic" shall mean a building or part of a building in which
medical service is performed service or consultation is given for domestic
pets, may include accessory sales of associated products, accessory
services such as grooming, emergency overnight accommodation, but
shall not include long-term boarding on the premises.
5. PROVISIONS
(1) Uses Permitted ("C-20" Zone)
No person shall, within the lands zoned "C-20" 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) bakery
(b) business office
(c) commercial school
(d) day nursery
(e) dry cleaning depot
(f) financial institution
(g) fitness club
(h) Laundromat
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(i) personal service shop
U) professional office
(k) restaurant - type A
(I) retail store
(m) veterinary clinic
(2) Zone Requirements ("C-20" Zone)
No person shall within the lands designated "C-20" on Schedule I attached
hereto use any lot or erect, alter or use any building except in accordance
with the following provisions:
(a) BUILDING RESTRICTIONS
(i) The maximum combined gross leasable floor area for all uses on
the lands zoned "C-20" on Schedule I attached to this By-law
shall be 1500 square metres;
(ii) The maximum combined gross leasable floor area for all uses on
the first floor of any building on the lands zoned "C-20" on
Schedule I attached to this By-law shall be
1 000 square metres;
(iii) There shall be a maximum of one building on the lands zoned
"C-20" on Schedule I attached to this By-law;
(iv) Building Height:
maximum 9 metres
(v) Functional Floors:
a. 50% of the ground floor area of the building to be provided
in second floor leasable space
b. the front wall of the second storey shall comply with the
front yard depth provision of this by-law
(vi) Front Yard Depth:
minimum 7.5 metres
maximum 8.0 metres
(vii) North Side Yard Width: minimum 1.8 metres
(viii) South Side Yard Width: minimum 10 metres
(b) PARKING REQUIREMENTS
(i) A minimum of 5 parking spaces shall be provided and
maintained on the lot for every 100 square metres of gross
leasable floor area or part thereof;
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Page 5
(ii) Despite Clauses 5.21.2g) and 5.21.2k) 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.
(c) SPECIAL REGULATIONS
(i) A maximum of 2 restaurants shall be permitted - the aggregate
of the gross leasable area of all restaurants shall not exceed 260
square metres;
(ii) No outdoor patio shall be permitted;
(iii) No drive-thru associated with any use shall be permitted;
(iv) All garbage enclosures shall be fully enclosed and roofed.
6. BY-LAW
(1) By-law 6529/05 is hereby repealed.
(2) 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 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 3036, as amended.
7. EFFECTIVE DATE
This By-law shall come into force in accordance with the provisions of the
Planning Act, if required.
BY-LAW read a first, second, and third time and finally passed this 18th day of
June, 2007.
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Debi A. Bentley, City Clerk
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SCHEDULE I TO BY-LAW 6779/07
PASSED THIS 18th
DAY OF JUNE 2007
MAYOR - DAIIlO ~
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CITY CLERK - DEBI t~~ \