HomeMy WebLinkAboutBy-law 4114/92 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 4114/92
Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended,
to implement the Official Plan of the Town of Picketing District Planning
Area, Region of Durham, in Part of Lot 29, Range 3, B.F.C., Town of Picketing.
(A 61/87)
WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to
{~aermit the development of certain office and office-support commercial uses on the subject
nds, being Part of Lot 29, Range 3, B.F.C., in the Town 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 TOWN OF
PICKERING HEREBY ENACTS AS FOI.I OWS:
1. SCHEDULES I & H
Schedules I & II attached hereto 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 Part of Lot 29, Range 3, B.F.C.
in the Town of Picketing, designated "MU" 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) "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, 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;
(2) "Clinic" shall mean a public or private medical, surgical, physiotherapeutic or other
human health treatment facility;
(3) "Drue Store" shall mean a building or part of a building in which pharmaceutical
prescriptions are compounded and dispensed to the public, and where medicine,
medical supplies and associated merchandise, confectionary items, cosmetics,
toiletries, periodicals, or similar items of day-to-day household necessity are stored,
displayed and offered for retail sale;
(4) "Dry_ Cleaning Establishment - Type B" shall mean a building or part of a building
where articles, goods or fabric to be subjected to dry cleaning and related processes
are received or distributed, or where a dry cleaning plant is operated, or both,
where a dry cleaning plant does not exceed a dry weight capacity of 27 kilograms,
does not vent or emit noxious gases, odours or fumes, and is not a source otnoise
or vibration that causes a nmsance to neighbouring premise, s, and which may
include the laundering, pressing or incidental tailoring or repmr of articles, goods
or fabric;
(5) "Duplicating Shop" shall mean a building or part of a building where items such as
letters, plans,., pictures and documents are reproduced by photostating, blueprinting
or other s~mflar methods;
(6) "Financial Institution" shall mean a building or part of a building in which money is
deposited, kept, lent or exchanged;
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(7) "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;
(8) "Lof' 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 a 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;
(9) "Medical Dispensary' shall mean an area of not more than 150 square metres gross
leasable floor are~/ containing facilities where pharmaceutical prescriptions are
compounded and dispensed for the public by a pharmacist licensed pursuant to the
Health Disciplines Act, R.S.O. 1990, Chapter H.4, as amended from time to time,
or any successor thereto, and where medicine, medical supplies and associated
merchandise is stored, displayed and offered for retail sale to the public;
(10) "Medical Office Facilitv" shall mean a building or part of a building in which
professional medical se/vices other than veterinary services are performed, and may
~nclude,
(i) a medical dispensary,
(ii) facilities for medical, surgical, physiotherapeutic or other human
treatment,
(iii) medical testing and diagnostic facilities,
but shall not include a body-rub 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;
(11) "Office-Associated Commercial Establishment" shall mean an establishment
providing retail goods or equipment required for the daily operation of a business
office or professional office, such as a stationery store, a computer store, or an
office furniture store;
(12) "Optical Store" shall mean a building or part of a building in which optical
instruments such as eyeglasses, contact lenses, or magnifying glasses are prepared,
dispensed, displayed andoffered for retail sale;
(13) "Parkine Space" shall mean a usable and accessible area of not less than 2.6 metres
in widt]~ find not less than 5.3 metres in length for the temporary parking of
vehicles, but shall not include any portion of the parking aisle or driveway;
(14) "Personal Service S.hop" 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 M.45, as amended from time to time, or any successor thereto;
(15) "Professional Qffice" shall mean a building or part of a building in which medical,
legal or other pro.fessional service is performed or consultation given, and which
may. include a chnic, 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 M.45, as
amended from time to time, or any successor thereto; and
(16) "Yarff' 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.
5. PROVISIONS
(1) Uses Permitted ("MU" Zone)
No person shall within the lands designated "MU" on Schedule I attached hereto
use any lot or erect, alter or use any building or structure for any purpose except
the following:
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(a) Business Office
(b) Drug Store
(c) Dry Cleaning Establishment - Type B
(d) Duplicating Shop
(e) Financial Institution
(f) Medical Office Facility
(g) Office-Associated Commercial Establishment
(h) Optical Store
(i) Personal Service Shop
(j) Professional Office
(2) Zone Requirements ("MU" Zone)
No person shall within the lands designated "MU" on Schedule I attached
hereto use any lot or erect, alter or use any building except in accordance with
the following provisions:
(a) BUILDING HEIGHT (maximum): 16.5 metres
(b) BUILD1NGENVELOPE (maximum): No building or part of a building
shall be erected except within the
limits of the maximum building
envelope illustrated on Schedule II
attached hereto.
(c) OUTDOOR STORAGE: no outdoor storage shall be
permitted in any yard.
(d) PARKING REQUIREMENTS:
A. For the purpose of this clause, the required parking for a specified use or
group of uses shall be calculated based on the aggregate of the gross
leasable floor areas of that use or group ,,of uses established in all
buildings within the lands designated "MU' on Schedule I attached
hereto.
B. For all uses except medical office facilities, there shall be provided and
maintained on the lands a minimum of 4.3 parking spaces per 100 square
metres gross leasable floor area or part thereof for the first 500 square
metres gross leasable floor area, plus 4.1 parking spaces per 100 square
metres gross leasable floor area or part thereof for the next 500 square
metres gross leasable floor area, plus 2.5 parking spaces per 100 square
metres gross leasable floor area or part thereof for the remaining gross
leasable floor area.
C. For medical office facilities, there shall be provided and maintained on
the lands a minimum of 5.4 parking spaces per 100 square metres gross
leasable floor area or part thereof.
D. All parking areas shall be surfaced with brick, asphalt or concrete, or any
combination thereof.
E. Sections 5.21.2(b) and 5.21.2(g) of By-law 3036, as amended, shall not
apply.
(e) SPECIAL REGULATIONS:
A. No more than two buildings shall be permitted on the lands.
B. The aggregate of the gross leasable floor areas of all buildings on the
lands shall not exceed 2,895 square metres.
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C. The aggregate of the gross leasable floor areas of all buildings in the area
cross-hatched on Schedule II attached hereto shall not exceed 1,590
square metres.
D. In the area cross-hatched on Schedule II attached hereto, no more than
25% of the gross leasable floor area of a building may be used for the
following: drug stores, dry cleaning establishments - type B, duplicating
shops, office-associated commercial establishments, optical stores and
personal service shops.
E. In the area not cross-hatched on Schedule II attached hereto, no more
than 25% of the gross leasable floor area of a building may be used for
personal service shops.
F. In the area not cross-hatched on Schedule I1 attached hereto, the
following uses shall not be permitted: drug stores, dry cleaning
establishments - type B, duplicating shops, office-associated commercial
establishments and optical stores.
(3) Holding Provisions C(H)" Symbol)
Prior to an amendment to remove the "(H)" - Holding symbol preceding the zone
category "MU", the following condition must be met:
(a) an agreement between the Town of Pickering and the owner of the lands to
which the "(H)" - Holding symbol applies, to provide for the development
thereof in accordance with the provisions of this by-law, shall be entered into
and registered on title to the lands, pursuant to the provisions of section 41 of
the Planning Act, R.S.O. 1990, Chapter P. 13.
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 referred to in section 2
hereof. Definitions and subject matters not specifically dealt with in this By-law shall be
governed by the relevant provisions of By-law 3036, as amended.
7. EFFE(~FEIVE DATE
This By-law shall take effect from the day of passing hereof, subject to the approval of the
Ontario Municipal Board, if required.
READ AFIRSTAND SECOND TIMETHIS 2nd DAY OF November , 1992.
2nd November
READ A THIRD TIME AND PASSED THIS DAY OF ,1992.
MAYOR
WAYNE E. ARTHURS
ToWN OF ~ CLERIE
/P~Cr~N~ BRUCE J. TAYLOR
APPROVED
PART OF LOT 29
RANGE 3
PART OF LOT 29
~°~' (~)~u
PARTS 2-5
40R-5809
SCHEDULE I TO BY-LAW 4114/92
PASSED THIS 2nd
DAY OF November 1992
PART OF LOT 29
RANGE 5
PARTS 2-5
40R 5809
',
SCHEDULE II TO BY-LAW~4114/92
PASSED THIS 2nd
DAY OF November 1992
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