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Home My WebLink AboutBy-law 5480/99THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 5 4 80/9 9 Being a By-law to amend Restricted Area (Zoning) By-law 3036 to implement the Official Plan of the Town of Picketing District Planning Area, Region of Durham, in Part of Lot 5, Plan 469, in the Town of Picketing. (A 2/96) WHEREAS the Council of the Corporation of the Town of Picketing now deems it desirable to permit the development of residential, business office, and professional office with associated retail uses on the subject lands, being Part of Lot 5, Plan 469, in the Town of Picketing; AND WHEREAS an amendment to By-law 3036 is therefore necessary; NOW, THEREFORE, THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULE I Schedule I attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lot 5, Plan 469, in the Town of Picketing, designated "MU-7" on Schedule I attached to this By-law. 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 (1) (2) (3) (4) By-law, "Build-to-Zone" shall mean an area of land within which all or part of a building or buildings are to be located; "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 theaters, but shall not include a retail store; (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; "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; 2 (5) (6) (7) (8) "Gross Floor Area" 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; (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 Coverage" shall mean the percentage of lot area covered by all buildings on the lot; (c) "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; "Office-Associated Commercial Establishment" shall mean an establishment providing retail goods, equipment or wares related to the normal operation of a business office or professional office; "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-mb parlour as defined in section 224 (9)Co) of The Municipal Act, R.S.O. 1990, Chapter M.45, as amended from time-to-time, or any successor thereto; 5. PROVISIONS (1) (2) Uses Permitted ("MU-7" Zone) No person shall within the lands designated "MU-7" on Schedule I attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (a) business office (b) professional office (c) office-associated commercial establishment (d) dwelling unit Zone Requirements CMU-7"Zone) No person shall, within the lands designated "MU-7" 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 setbacks illustrated on Schedule I attached hereto; B The build-to-zone illustrated on Schedule I attached hereto shall have located within it all or part of a building or buildings occupying the minimum percentage of the length of the build-to-zone indicated on Schedule I; C 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; D A minimum of 165 square metres of gross floor area shall be located within the area hatched or cross-hatched on Schedule I attached to this By-law; (ii) Building Height (minimum): two storeys or 6.5 metres (iii) Building Height (maximum): two storeys or 6.5 metres, except that in the area between the front lot line and a distance measured 40 metres from the front lot line on the lot, the maximum building height is 16 metres and four functional floor levels (b) PARKING REQUIREMENTS: (i) There shall be provided and maintained on the lands designated "MU-7" on Schedule I attached to this By-law a minimum of 5.4 parking spaces for each 100 square metres of gross leasable floor area or part thereof devoted to office or an office-associated use, plus 2 parking spaces per dwelling unit; (ii) Clauses 5.21.2a) to 5.21.2e), inclusive, of By-law 3036, as amended, shall not apply to the lands designated "MU-7" on Schedule I attached hereto; (iii) Notwithstanding clauses 5.21.2g) and 5.21.2k) of By-law 3036, as amended, all parking areas and all entrances and exits thereto shall be surfaced with brick, asphalt, or concrete, or any combination thereof; (iv) Notwithstanding clause 2.2.1 of By-law 3036, the minimum two-way parking traffic aisle width shall be 6.0 metres. (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) A maximum of two dwelling units are permitted on the lands designated "MU-7" on Schedule I attached to this By-law; (iii) An office-associated commercial establishment shall be permitted only within a building or structure that contains a business office, professional office, or both business and professional offices, and the aggregate of the gross leasable floor areas of ail such office-associated commercial establishments shall not exceed 20 percent of the gross leasable floor area of all business and professional offices within the building or structure; (iv) Notwithstanding the provisions of subsection (a) above, the building existing on the lands designated "MU-7" on Schedule I attached to this By-law on the date of passing of this By-law, as illustrated on the site plan granted final site plan approval by the Director of Planning on April l, 1999, shall be deemed to comply with the provisions of By-law 3036, as amended. Any alterations, additions, or new development on the lands shall comply with all the provisions set' out in this By-law. 4 6. BY-LAW 3036 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 to this By-law. 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 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 6th 1999 day of April Wayne Arthurs, Mayor KINGSTON ROAD '-~-' [-- MU-7~ I I PART 6 140R- 16232 I I I I I PART 5, 40R--16232 ,¥ PART 1 40R--6905 BUILD--TO--ZONE MINIMUM BUILDING SETBACK SCHEDULE I TO BY-LAW PASSED THIS 6th DAY OF April 1999 5480/99 MAYOR CLER~ < O Z }~uem~edeo §u!uueld §u!.~e>lO!d ,to u~oi