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Home My WebLink AboutBy-law 7062/10 : The Corporation of the City of Pickering By-law No. 7062/10 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City.of Pickering, Region of Durham,.being South Part of Lot 24, Concession 1, in the. City of Pickering (A 2/10). Whereas the Council of The Corporation of the City of Pickering deems it desirable to permit additional commercial uses on the subject lands, being South Part of Lot 24, Concession 1 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 Schedule I attached hereto 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 South Part of Lot 24, Concession 1, in the City of Pickering, designated. 'M(S)" on Schedule 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 pursurance of a trade, calling, business or occupation, services appealing to or designed to appeal to erotic or sexual appetites or inclinations; i By-law No. 7062/10 Page 2 (2) "Business Office" shall mean a building or part of a building in which the management or direction of a business, a public or private agency, a brokerage or a labour or fraternal organization is carried on 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; (3) "Convenience Store" shall mean a retail store in which food, drugs, periodicals or similar items of day-to-day household necessities are kept for retail sale primarily to residents of, or persons employed in, the immediate neighbourhood;" (4) "Financial Institution" shall mean a building or part of a building in which money is deposited, kept, lent or exchanged; (5) "Furniture and Major Applicance Store" shall mean an establishment in which furniture, major applicances or a combination thereof are stored, offered and kept for wholesale or retail sale; (6) "Personal Service Shop" shall mean an establishment where a personal service is performed and 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 The Municipal Act, R.S.O. 1990, c.M. 45, as amended.from time to time, or any successor thereto; (7) "Professional Office - Non-Medical" shall mean a building or part of a building in which legal or other professional service is performed or consultation given, and which may include the offices of an architect, a chartered accountant, an engineer, or a lawyer, but shall not include the office of a physician or a body-rub parlour as defined in The Municipal Act, R.S.O. 1990, c.M. 45, as amended from time to time, or any successor thereto; (8) "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; (9) "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; (10) (a) "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; By-law No. 7062/10 Page 3 (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; (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) "Interior Side Yard" shall mean a side yard other than a flankage side. yard. 5. Provisions ("C3(S)" Zone) (1) (a) Uses Permitted ("C3(S)" Zone) No person shall within the lands designated "C3(S)" on Schedule attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (i) Business Office (ii) Convenience Store (iii) Furniture and Major Appliance Store (iv) Financial Institution (v) Garage (except automobile service station & gas bar) (vi) Personal Service Shops By-law No. 7062/10 - Page 4 (vii) Professional Office (Non-Medical) (viii) Restaurant, Type A (ix) Retail Store (b) Zone Requirements ("C3(S)" Zone)' No person shall within the lands designated "C3(S)" on Schedule attached hereto, use any lot or erect, alter, or use any building except in accordance with the following provisions: (i) Front Yard Depth (minimum): 15.0 metres (ii) Interior Side Yard Width (minimum): 10.5 metres (iii) Flankage Side Yard Width (minimum): 15.0 metres (iv) Rear Yard Depth (minimum): 10.5 metres (v) Building Height (maximum): 10.5 metres (vi) Lot Coverage (maximum): 30 percent (vii) Parking Requirements (minimum): 5.5 spaces per 93 square metres of gross leasible floor area (viii) Landscaped Open Area (minimum): 12 percent (ix) Special Regulations: A When the property boundary abuts Kingston Road, or a street other than Kingston Road, a strip of land not less than 4.5 metres or 3.0 metres, in width respectively, as the case may be, adjacent to the boundary shall not be used for any purpose other than landscaping buffering, but this shall not prevent the provision of entrances and exits across such landscaped area; B The combined gross leasible floor area for all uses other than a garage use shall not exceed 25 percent. 6. By-law 3036 (1) By-law 652/77 is hereby repealed. By-law No. 7062/10 Page 5 (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. By-law read a first, second, and third time and finally passed this 21 st day of June, 2010 . David Ry o Debbie Shields, City Clerk. 0 G 60cj 8 Rp ~O 9 0 6 ' o pRj CON ~ 9,1 ~ P 9889 P p~ PZ`'' Z RP 4pR~ pAD N SCHEDULE I TO BY-LAW 7062/10 - PASSED THIS June DAY OF 21 st 2010