HomeMy WebLinkAboutBy-law 5558/99THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 5 5 5 8/99
Being a By-law to amend Restricted Area (Zoning) By-law 2511, as
amended, to implement the Official Plan of the Town of Pickering District
Planning Area, Region of Durham, in Part of Lot 17, Range 3, B.F.C. in
the Town of Pickering. (A 17/99)
WHEREAS the Council of the Corporation of the Town of Picketing passed By-law 2511, as
amended by By-laws 61/74, 4807/96 and 4807/96, to permit the development of industrial uses
on the subject lands combined with a limited amount of restaurant and accessory retail uses,
being Part of Lot 17, Range 3, B.F.C. in the Town of Pickering;
AND WHEREAS the Council of the Corporation of the Town of Picketing now deems it
desirable to further amend By-law 2511 to also permit commercial-recreational, community,
cultural, and personal service uses on the subject lands, being Part of Lot 17, Range 3, B.F.C. in
the Town of Picketing;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
PICKERING HEREBY ENACTS AS FOLLOWS:
SCHEDULE I
Schedule I attached to this By-law 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 17, Range 3,
B.F.C. in the Town of Pickering, zoned "MC-12" on Schedule I attached to this By-law.
o
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.
o
DEFINITIONS
In this By-law,
(1)
"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;
(2)
"Commercial Club" shall mean an athletic or recreational club operated for gain
or profit and having public or private membership, but shall not include an adult
entertainment parlour as defined herein;
(3)
"Commercial-Recreational Establishment" shall mean a commercial
establishment in which indoor recreational facilities are provided, and which may
include an athletic or recreational club, but shall not include any uses permissible
within a place of amusement or entertainment as defined herein;
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
"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, 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;
"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;
"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;
(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;
"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-mb 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;
"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 a theatre, but shall not include a room or an area used for any video lottery
terminal use as governed by the Gaming Services Act, an adult entertainment
parlour as defined herein or a body-mb parlour as defined in the Municipal Act,
R.S.O. 1990, as amended from time-to-time, or any successor thereto;
"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 as defined herein;
"Private Non-Residential School" shall mean a school which is maintained for
educational or religious purposes, but shall not include a day nursery, or any other
school defined herein;
"Private Residential School" shall mean a school which is maintained for
educational or religious purposes, and which includes accessory residential
facilities, but shall not include a day nursery, or any other school defined herein;
"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 on and offthe premises.
o
PROVISIONS,
O)
Uses Permitted ("MC-12" Zone)
No person shall within the lands zoned "MC-12" 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)
(0
(g)
(h)
(i)
0)
(k)
(1)
(m)
any use of the "M2S" - Yard Storage and Heavy Manufacturing Zone as per
Section 18.1 of By-law 2511, as amended;
restaurant, type A (subject to Special Regulation (ii) in section 5(2)(b) of
this By-law);
accessory retail use (subject to Special Regulation (iii) in section 5(2)(b) of
this By-law);
club;
commercial club;
commercial-recreational establishment;
commercial school;
dry cleaning depot;
dry cleaner's distribution station;
personal service shop;
place of amusement or entertainment;
place of assembly;
private non-residential school;
(2)
Zone Requirements ("MC- 12" Zone)
No person shall within the lands zoned "MC-12" 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) Subject to Section 18.2 of By-law 2511;
(b)
SPECIAL REGULATIONS:
(i) The aggregate gross floor area of all uses listed in Section 5(1)(d) to (m)
of this By-law is limited to 5,500 square metres;
(ii)
Restaurant, Type A uses shall be restricted to the hatched area on
Schedule I attached to this By-law, and to a maximum aggregate gross
leasable floor area of 631 square metres;
(iii)
Despite Section 18.1.2 of By-law 2511, as amended, accessory retail use
is permitted to a maximum of 20% of the gross leasable floor area of a
permitted use in the "M2S" - Yard Storage and Heavy Manufacturing
Zone, as per Section 18.1 of By-law 2511, as amended, or to a maximum
93 square metres of floor area, whichever is less;
o
BY-LAW 2511
(1) By-laws 61/74, 3589/90 and 4807/96, as they each apply to the area set out in
Schedule I attached to this By-law, are hereby repealed;
4
(2)
By-law 2511, 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 2511, 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 4thday of October
1999.
Wayne Arthurs,
Mayor
Brace J. Taylor,
Clerk
PARTS 1 - 40, 40R-15079
MC- 12
SCHEDULE I TO BY-LAW
PASSED THIS
DaY OF 1999
MAYOR
CLERK
BAYLY
CLEMENTS
McPHERSON COURT
C.N.R.
STREET
$/J~
C.N.R.
McKAY
BAYLY
CLEMENTS ROAD
ROAO
MONTGOMERY PARK ROAD
Town of PickeringI
MONTGOMERY
I Planning Department
IDATE SEPT. 20/99