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HomeMy WebLinkAboutBy-law 2599/87THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 2599/87 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham, Lots 29 and 30, B.F.C. Range 3, in the Town of Pickering (A37/85; 18T-85023) Whereas the Council of the Corporation of the Town of Picketing deems it desirable to permit the development of detached residential-dwelling units, special purpose commercial, convenience commercial, neighbourhood park and Place of Worship to occur on the subject lands being Part of Lots 29 and 30, B.F.C. Range 3, 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 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 Part of Lots 29 and 30, B.F.C. Range 3, Pickering, designated "Sl", "S2", "S3", "SPC/Cl2", "NP", "I(C)" 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) 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) "Dw~llin~ Un.it" 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; c) "Dwelling, Sin91~. or. dwelling containing accessory thereto; Single Dwelling" shall mean a one dwe)ling unit and uses d) "Dwelling, Detached or Detached Dwelling" shall mean single ~we'l~ing ~h'ich is freestanding, separate and detached from other main buildings or structures; (2) a) "Floor Area -~Residential" shall mean the area of the floor surface contained within the outside walls of a storey or part of a storey; b) "Gross Floor Area Residential" shall mean the aggregate of the floor areas of all storeys of a building or structure, or a part thereof as the case may be, other than a private garage, an attic or a cellar; (3) (4) (5) a) "Lot" shall mean an area of land fronting on a street ~ 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 a 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; "Private Garage" shall mean an enclosed or partially enclosed structure for the storage of one or more vehicles, in which structure no business or service is conducted for profit or otherwise; a) "Yard" shall mean an area of land which is appurtenant ~d 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; b) "Front Yard" shall mean a yard extending across the full width of a lot between the front 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 dimensiohs 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 aimension of a rear yard of a lot between the rear lot line 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) "Flanka~e 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 y~rd; (6) a) b) c) d) e) f) g) h) i) 3 "Home and Design Centre - Type B" shall mean a building or buildings in which home related products including but not limited to furniture, appliances, electrical fixtures, carpets, floor coverings, building and plumbing supplies, draperies, hardware and garden supplies are stores, offered and kept for wholesale or retail sale, but shall not include food store and neighbourhood convenience store; "Clinic" shall mean a public or private medical, ~, physiotherapeutic or other human health clinic, except when accessory to a private or public hospital; "Dr~ Cleaning Distributin~ Station" shall mean a building used for the purpose of receiving articles or goods of fabric to be subjected to the process of dry-cleaning, dry-dyeing or cleaning elsewhere and for the pressing and distribution of any such articles or goods which have been subjected to any such process; "Dry Cleaning Establishment - Non-Venting" shall mean a building where a dry cleaning plant, with a dry weight capacity of 60 pounds which does not vent gases or odours and is operated separately or in association with, dry-dyeing, cleaning, laundering, pressing or incidental tailoring or repair of articles or goods of fabric is carried on, in which only non-flammable fabrics are or can be used which do not omit noxious odours or fumes and in which no noise or vibration causes a nuisance to neighbouring premises; "Neighbourhood Convenience Store" means a retail store in which food, drugs, periodicals or similar items of day-to-day household necessity are kept for retail sale primarily to residents of or persons employed in the immediate neighbourhood; "Personal Services Sh~p" shall mean an establishment in which personal service is performed and which may include a barber shop, a beauty salon, a shoe repair, a tailor, a dressmaker's shop or a photographer's studio and other similar services, but shall not include a bodyrub parlor as defined in the Municipal Act; "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, a lawyer or physician, but shall not include a bodyrub parlor as defined in the Municipal Act, R.S.O. 1980, Chapter 302, as amended from time to time, or any successor thereto; "Restaurant - T~pe D" 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 and which may include an accessory takeout component and premises for weddings, banquets and receptions; "Retail Store" shall mean a building where goods, wares, merchandise, substances, articles, or things are stored, offered or kept for sale at retail and includes storage on or about the store premises of limited substances, articles or things sufficient only to service such store but does not include any retail outlet otherwise classified or defined in the By-law. PROVISIONS (1) (2) 4 Uses Permitted ("Sl", "S2" and "S3" Zones) No person shall within the lands designated "Sl", "S2" and "S3" on Schedule "I" attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: a) detached dwelling residential use Zoning Requirements ("Sl", "S2" and "S3" Zones) No person shall within the lands designated "Sl", "S2" and "S3" on Schedule "I" attached hereto, use any lot or erect, alter or use any building except in accordance with the following provisions: a) LOT AREA (minimum): A) On lands designated "Sl" - 450 square metres B) On lands designated "S2" - 400 square metres C) On lands designated "S3" - 350 square metres b) LOT FRONTAGE (minimum): A) On lands designated "SI" - 15 metres B) On lands designated "S2" - 13.5 metres C) On lands designated "S3" - 12 metres c) FRONT YARD DEPTH (minimum): 4.5 metres d) INTERIOR SIDE YARD WIDTH: A) Minimum 1.2 metres each side, or B) Minimum 1.8 metres one side and no minimum other side e) FLANKAGE SIDE YARD WIDTH {minimum): 2.7 metres f) REAR YARD DEPTH (minimum): 7.5 metres g) LOT COVERAGE (maximum): 38 percent h) BUILDING HEIGHT {maximum): 12 metres i) DWELLING UNITS REQUIREMENTS: maximum one dwelling unit per lot and minimum gross floor area residential of 100 square metres j) PARKING REQUIREMENTS: Minimum one private garage per lot, attached to the main building, any vehicular entrance of which shall be located not less than 6.0 metres from the front lot line and not less than 6.0 metres from any side lot line immediately adjoining or abutting a street or a reserve on the opposite side of which is a street k) SPECIAL REGULATIONS: The horizontal distance between buildings on adjacent lots shall be not less than 1.8 metres (1) (2) 5 Uses Permitted ("SPC/C12" Zone) No person shall within the lands designated "SPC/C12" on Schedule "I" attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following special purpose commercial uses: a) b) c) d) e) f) g) h) i) J) Bake Shop having a minimum gross leasable area over 280 square metres Business Office having a minimum gross leasable area over 280 square metres Financial Establishment having a minimum gross leasable area over 280 square metres Personal Service Shop having a minimum gross leasable area over 280 square metres Professional Office having a minimum gross leasable area over 280 square metres Restaurant - Type D - having a minimum gross leasable area over 280 square metres Clinic Club or Meeting Hall Dry Cleaning Establishment - non-venting Home and Design Centre Type B - having a maximum gross leasable area of 930 square metres Bake Shop having a maximum gross leasable area of 280 square metres Business Office having a maximum gross leasable area of 280 square metres Financial Establishment having a maximum gross leasable area of 280 square metres Personal Service Shop having a maximum gross leasable area of 280 square metres Professional Office having a maximum gross leasable area of 280 square metres Restaurant - Type D - having a maximum gross leasable aarea of 280 square metres Dry Cleaning Distributing Station Laundromat Neighbourhood Convenience Store and the following limited retail uses: k) l) m) n) o) P) q) r) s) ZONE REQUIREMENTS: ("SPC/C12" Zone) No person shall within the lands designated "SPC/Cl2" on Schedule "I" attached hereto, use any lot or erect, alter or use any building except in accordance with the following provisions: e (2) (1) (1) a) LOT AREA (minimum): 16,990 square metres b) FRONT YARD DEPTH (minimum): 12 metres c) INTERIOR SIDE YARD WIDTH (minimum): Where abuts residential - 4.5 metres d) FLANKAGE SIDE YARD WIDTH (minimum): Where abuts Kingston Road - 19.5 metres e) REAR YARD DEPTH (minimum): 7.5 metres f) LOT COVERAGE (maximum: 33% g) BUILDING HEIGHT (maximum): 12 metres h) PARKING REQUIREMENTS: a) Parking shall be provided at the ratio of 5.0 parking spaces per 93 square metres of gross leasable area or part thereof of gross leasable area for employees and customers b) For the purpose of this clause, "Parking Space" shall mean a usable and accessible area of not less than 15.95 square metres, for the temporary parking of a vehicle, but shall not include any portion of a parking aisle or driveway c) All parking areas shall be setback a minimum of 3 metres from Kingston Road and Steeple Hill i) SPECIAL REGULATIONS: a) Notwithstanding Section 2.46(c)(i) of By-law 3036, the lot line abutting Steeple Hill shall be deemed to be the front lot line and the lot line abutting Kingston Road shall be deemed to be the side lot line b) The aggregate of the gross leasable area of all special purpose commercial uses shall not exceed 2,787 square metres c) The aggregate of the gross leasable area of all limited retail uses shall not exceed 1,395 square metres USES PERMITTED ("NP" Zone) No person shall within the lands designated "NP" on Schedule "I" attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: a) Neighbourhood Park USES PERMITTED ("I(C)" Zone) No person shall within the lands designated "I(C)" on Schedule "I" attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: a) Place of Worship b) Day Nursery only in conjunction with Place of Worship lO. 7 (2) ZONE REQUIREMENTS ("I(C)" Zone) a) LOT AREA (minimum): 5,300 square metres b) LOT FRONTAGE (minimum): 60 metres c) FRONT YARD DEPTH (minimum): 14.0 metres d) LOT COVERAGE (maximum): 33% e) PARKING REQUIREMENTS: a) Parking shall be provided at the ratio of one space per four persons capacity of any building or portion thereof used for place of worship b) For the purpose of this clause, "Parking Space" shall mean a usable and accessible area of not less than 15.95 square metres, for the temporary parking of a vehicle, but shall not include any portion of a parking aisle or driveway f) SUPPLEMENTARY PARKING REGULATIONS: a) Section 5.21.2(a) and Section 5.21.2(b) of By-law 3036, as amended, shall not apply b) All parking areas shall be setback a minimum distance of 3 metres from all lot lines. 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 hereto. 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. EFFECTIVE DATE This By-law shall take effect from July 27, 1987. BY-LAW APPROVED BY THE ONTARIO MUNICIPAL BOARD ON JULY 27, 1987. (O.M.B. FILE NO. Z 870001) If CATTAIL S2 v NP ,/ S3~ S3 ,/ SPC/C12 il rm I I t I- ----I t I I(c).~ Schedule ~1 ~' "0 100 200 300