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HomeMy WebLinkAboutBy-law 5580/99THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 5580/99 Being a By-law to amend Restricted Area (Zoning) By-law 2520, as amended, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham in Block S, Plan M-15, in the Town of Pickering. (A 32/97) WHEREAS the Council of the Corporation of the Town of Picketing deems it desirable to expand the list of uses permitted to operate on the subject property, and establish development standards, where appropriate, for the subject lands; AND WHEREAS an amendment to By-law 2520, as amended, is therefore deemed 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. 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Block S, Plan M-15, Pickering, designated "LCA-10" 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; (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 a business, a public or private agency, a brokerage or a labour or fraternal organization is carded 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 broadcasting station, but shall not include a retail store as defined herein; (4) "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, but shall not include an adult entertainment parlour as defined herein; (5) "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; (6) "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 an adult entertainment parlour, or any uses permissible within a place of amusement or entertainment, as defined herein; (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 a day nursery or any other school as defined herein; (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) "Financial Institutions" shall mean a building or part of a building in which money is deposited, kept, lent or exchanged; (11) "Food Store" shall mean a building or part of a building in which food or produce is stored, offered and kept for retail sale to the public and in which items or merchandise of day-to-day household necessity may be stored, offered and kept for retail sale to the public; (12) "Laundromat" shall mean a self-serve clothes washing establishment containing washing, drying, ironing, finishing or other incidental equipment; (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-mb parlour as defined in the Municipal Act, R.S.O. 1990, as amended from time-to-time, or any successor thereto; (14) "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; (15) "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; (16) "Place of Religious Assembly" shall mean lands or premises where people assemble for worship, counseling, educational, contemplative or other purposes of a religious nature, which may include social, recreational, and charitable activities, and offices for the administration thereof; (17) (18) (19) (2o) (21) (22) "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; "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-mb parlour as defined in the Municipal Act, R.S.O. 1990, as amended from time-to-time, or any successor thereto; "Public School" shall mean, (i) (ii) (xii) a school under the jurisdiction of a board of education which board is established pursuant to the Education Act, R.S.O. 1980, or any successor thereto; a college of applied arts and technology established pursuant to the Ministry of Education, Colleges and Universities, pursuant to the Ministry of Colleges and Universities Act, R.S.O. 1980, or any successor thereto; a university eligible to receive potential funding from the Minister of Education, College and Universities, pursuant to the Ministry of College and Universities Act, R.S.O. 1980, or any successor thereto; 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 or off the premises, or both, but shall not include an adult entertaiment parlour as defined herein; "Retail Store" shall mean a building or part of a building in which goods, wares, merchandise, foods, substances, articles or things are stored, kept and offered for retail sale to the public. PROVISIONS (1) (a) Uses Permitted ("LCA-10" Zone) No person shall within the lands designated "LCA-10" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (i) bakeries (ii) business offices (iii)clubs (iv) commercial clubs (v) commercial-recreational establishments (vi) commercial schools (vii)dry cleaning depots (viii) financial institutions (ix) food stores (x) laundromats (xi) personal service shops (xii) places of assembly 4 (xiii) places of religious assembly (xiv) professional offices (xv) restaurants type - A (xvi) retail stores (b) Zone Requirements ("LCA-IO" Zone) No person shall within the lands designated "LCA-10" on Schedule I attached hereto, use any lot or erect, alter, or use any building except in accordance with the following provisions: (i) BUILDING RESTRICTIONS: (A) Buildings and structures shall comply with the minimum setbacks illustrated on Schedule I attached hereto; (ii) PARKING REQUIREMENTS: There shall be provided and maintained on the lands designated "LCA-10" a minimum of 4.5 parking spaces per 93 square metres of building gross leasable floor area; (B) Clauses 5.21.2 a) to 5.21.2 f), inclusive, of By-law 2520, as amended, shall not apply to the lands designated "LCA-10" on Schedule I attached hereto; (c) Notwithstanding clauses 5.21.2 g) and 5.21.2 k) of By-law 2520, as amended, all entrances and exits to parking areas, and all parking areas, shall be surfaced with brick, asphalt, or concrete, or any combination thereof; (iii) SPECIAL REGULATIONS: The aggregate gross leasable floor area of all food stores on the lot shall not exceed 1200 square metres; The aggregate gross leasable floor area of all restaurants - type A on the lot shall not exceed 300 square metres; (c) The maximum gross leasable floor area of ANY club, commercial club, commercial-recreational establishment, commercial school, place of assembly or place of religious assembly shall not exceed 300 square metres; (D) The aggregate gross leasable floor area of ALL clubs, commercial clubs, commercial-recreational establishments, commercial schools, places of assembly and places of religious assembly shall not exceed 900 square metres; BY-LAW 2520 (1) By-law 2695, amending Restricted Area (Zoning) By-law 2520, as amended, is hereby repealed. (2) By-law 2520, 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. 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 ~qoverrt~ar ,199 9. 15th day of Wayne Arthurs, Mayor Bruce Taylor, Clerk I I I I I I I I I I I I I I I I ' I B LCA-IO MINIMUM SETBACK LINE SCHEDULE '1' TO BY-LAW PASSED THIS DaY OF 1999 N MAYOR CLERK BAYLY STREE-F WAYFARER LANE I~ADOM AVE. S~'~£ET FRENCHMAN'S STREET HALLER AVENUE OLD ORCHARD AVE. P~CE ILONA PARK ROAD II ANNI_N~ID WHARF L~~E POPRAD AVENUE TATRA DRNE GRENOBLE BOULEVARD L~~E FORDON BOULEVARD -- FOXGLOVE AVENUE STREET 8ROADVIEW STREET STREET STREET COLMAR STREET ALYSSUM BN.ATON AVENUE AVENUE PARKHAM- CRESCENT LAKE Town of Pickering ONTARIO I / / / / Planning Department DATE OCT 28/99