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HomeMy WebLinkAboutBy-law 5150/97REPEALED BY . REPEALS . AMENDED BY ~ ~ q ~/~ , AMENDS -~~ ~ ~ DISPOSITION TElg CORPORATION OF Tltll TOWN OF PICKERING BY-LAW NUMBER, 5 it S.0 ._~./97 Being a By-law to amend Restricted drea (Zoning) By-law 3036, as amended by By-law 2497/87, as amended, to !mplement the Official Plan of the Town of Pickerlng District Planning ,trea, Region of Durham, in Part of Lots 17 & 18, Plan 230, in the Town ofPickering. (d 22/97) WHEREAS the Council of the Corporation of the Town of Picketing passed By-law 2497/87, amending By-law 3036, to permit the developmem of restricted light industrial uses on the subject lands, being Part of Lots 17 & 18, Plan 230, in the Town of Picketing; AND WHEREAS the Council of the Corporation of the Town of Picketing now deems it desirable to further amend By-law 3036, as amended by By-law 2497/87, to permit a mix of retail, special purpose commercial, personal service, office, and residential uses on the subject lands, being Part of Lots 17 & 18, Plan 230, in the Town of Picketing; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULE t Schedule I attached to this By-law with notatiotis and references shown thereon is hereby declared to be part of this By-law. 2. AREA RESTRICTED ii The provisions of this By-law shall apply to those lands in Part of Lots 17 & 18, Plan 230, in the Town of Picketing, zoned "MU-g" on Schedule I attached to this By-law. 3. GE~ 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, ~ (i) or"BUild't°-Z°ne"buildings are toshallbe located;mean an area of land within which all or part of a building (2) "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 ~gent, or a radio or television broadcasting station and related studios or theaters, but shall not include a retail store; (3) "Commercial Club" shall mean an athletic or recreational club operated for gain or profit and having public or private membership; (4) "Commercial Recreation Estab!!.hmcllt'! shall mean a commercial establishment in which indoor recreational facilities such as bowling alleys, miniature golf collrses, roller skating doks~ squash covx'cs, swimming pools and other similar indoor recreational facilities are prov;aed and operated for gain or profit, and which may include an arena or stadium, but shall not include a place of amusement or entertainment as defined herein; (5) "Commercial School" shall mean a school which is operated for gain er 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; (6) "Custom Workshop'_' shall mean a building or part of a building in which is carried on, at small scale, the custom assembly, development or production of articles for dis~ibution or sale, or the activities of a Lradc, craft, or guild, which may include furniture upholstering, but shall no'~ include heavy industrial or manufacturing activities; (?) "Day Nursery" shall mean lands and premises duly licensed pursuant to the provisions of the Day Nurseries Act, or any successor thereto, for usc ,as a ~hcility for the daytime care of children; (8) "Dry Cleaning Depot" shall mean a building or part of a building used for the purpose_ of receiving articles, g ~oods, or fabrics to be subjected to dry cleaning and related processes elsewhere, and of distributing articles, goods or fabrics which have been subjected to arty such processes; (9) "Duplicating Shove" shall mean a building or part of a building where such items as letters, plans, pictures and documents are reproduced by photostatting, blueprinting~ or other similar methods; (10) (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 savltary facilities; (1 l) 7Financial Institution" shall mean a building or part of a building in which money is deposited, kept, lent or exchanged; (12) "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; (13) "Funeral Home" shall mean a building or part of a building where funerals are conducted and shall be limited to such facilities as chapels, visitation rooms, administrative offices, rooms for the preparation of the deceased, display rooms for the storage of caskets, and garages for hearses and other equipment, but shall not include a single detached dwelling; (14) ,Oames Arcade" shall mean any building, room, or area in which facilities are offered for the play of (a) three or more games of chance, (b) three or more games of mixed chance and skill, (c) a combination of three or more games of chance and games of mixed chance and skill, for the amusement of the public, which games are not contrary to the Criminal Code of Canada, but does not include premises in which the only amusement facilities offered are pool tables, billiard tables, or bowling alleys; (15) "Oross Leasable Floor ~a, shall mean lhe aggregate of the floor areas of ali storeys above or below established grade, designed for owner or tenant occupar, cy or exclusive u~e only, but excluding storage areas below established grade; (16) (a) !!~" 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)~ shall mean the percentage of lot area covered by all buildings on the lot; (c) "Lot Frontage" simil mean the width of a lot between the side lot lines measured along a line parallel to and 7.5 metres clistant from the front lot line; (17) "Personal Service Sho. p.~ 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 he"i-rub 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; (15) "Place of Amt~semcnt, or Entertainment" shall mean a building or part of a building in which facilities are provided for amusement or entertainment purposes, and which may in L~ude a billiard or pool room, a dance hall, a music hall, or a theatre, but shall not include a games arcade; (19) "Place of Assembly" shall mean a building or part ora 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; (20) "Private Club" shall mean an athletic, recreational or social club, and includes the premises of a fraternal organization, but shall not include an adult entertainment parlour as defined herein or a body rub parlour as defined in section 224(9)(b) of the Municipal Act, R.S.O. 1990, Chapter M.45, as amended form time to time, or any successor thereto; (21) "Private Non-Residential School" shall mean a school which is maintained for educational or religious l, arposes but shall not include any other school defined herein; (22) "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 any other school defined herein; (23) "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-rub parlour as def'med 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; gain or Frofit and havhig public membership, but shall not include an adult entertainment parlour as defined herein or a body rub parlour as defined in section 224(9)(b) of the Muni¢iiml Act, R,S.O. 1990, Chapter M.45, as amended ti'om time to time, or any successor thereta; (25) "Public School" shall mean, (a) a school uncler the jurisdiction of a Board of Education which Board is continued or established pumtumt to the Education Act, R.S.O. 1990, c. or any successor thereto; (b) a college of applied arts and technology continued or established pursuant to the Ministry of Colleges and Universities Act, R.S.O. 1990, c.M. 19, or any successor thereto; and (c) a university eligible to receive provincial funding pursuant to the Ministry of Colleges and Universities Act, R.S.O. 1990, c.M.19, or any successor thereto; (26) "Rental Establishment" shall mean a building or part of a buE:ling in which goods, w~xes, merchandise, substances, articles or things are offered or kept to offer for rent directly to the public; (27) "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 cons~us~rnptioll, on tiaa nramie,~e at, ,~,fte tla,a premises, or ~,~th on and offLhe (28) "Retail Store" shall mean a building or part of a building in whic'a goods, wares, merchandise, substances, articles or things are stored, kept and offered for retail sale to the public; (29) "Veterinary Clinic" shall mean a building or part of a building providing the services of a veterinarian, and facilities for the medical treatment, examination, surgery, diagnosis, grooming, general health care, and observat~.on of domestic animals and birds, but shall not include boarding or lodging. 5. PROVISIONS (1) Uses Permitted ("MU-8" Zone) No person shall within the lands zoned "MU-8" 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) business office Co) commercial club (c) commercial recreation establishment (d) commercial school (e) custom workshop (0 day nursery (g) dry cleaning depot (h) duplicating shop (i) dwelling unit 0) financial iustitution (k) furleral home (1) personai sc -~;..e shop (m) place o~ ~sembly (n) private club (o) private non-residential school (p) professional office (q) public club (r) public school (s) rental establishment restaurant - type A (u) retail store veterinary clinic (2) Zone Requirements ("MU-8 "Zone) No person shall within thc lands zoned "MU-g" 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 structtues shall comply with the maximum building envelope illustrated on Schedule I attached hereto; B The build-to-zone illustrated on Schedule I attached hereto shall have located within it a building or buildings, or part of a building or buildings, which must occupy the minimum percentage of the length of the build-to-zone indicated on Schedule I; C Notwithstanding clause A above, in the event that the rear lot line changes from the location of the line illustrated on Schedule I attached to this By-law, there shall remain a minimum rear yard building setback of 14.0 metres from the rear lot line, D 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 propose of satisfying the requirements of that clause, only; (ii) Building Height (minimum): two functional floor levels and 7.0 metres (iii) Building Height (maximum): six functional floor levels and 21 metres (iv) Lot Coverage (minimum): 40% (b) PARKING REQUIREMENTS: (i) There shall be provided and maintained on the lands a minimum of 5.5 parkio, g spaces for every 100 square metres of gross leasable floor area or part thereof; (ii) Despite (i) above, for a private non-residential school or day nursery there shall be provided and maintained a minimum of 5.0 spaces for every 100 square metres of activity room area, or part thereof; (iii) D~s~ite (i) above, for a commemial club, commemial rec_~,v, ation establishment, place of as~mbly, private club, public club, or restaurant - type A, there shall be provided and makttained a minimum of 8 parking spaces for every 100 square metres of gross leasable floor area, or part thereof; (iv) Despite (i) above, there shall be provided and maintained a minimum of 2 parking spaces for each dwelling ,unit; (v) If a use on the lands zoned M1(SC-27) (as established by By-law 2969/88, being Part of Lot 19, Plan 230) and lands zoned MU-8 on Schedule I attached to this By-law, is operated or owned by the same person(s) or business, required parking may be provided on the total lands; (vi) Where lands within the M1(SC-27) zone, as established by By-law 2969/88, being Part of lot 19, Plan 230, and lands zoned MU-8 on Sckedule I attached to this By-law comprise parcels under separate ownership, the required parking for the use(s) established on a parcel shall be provided on that parcel unless a landowner enters into an agreement with another landowner for the right to establish and maintain parking on another parcel, to the satisfaction of the Town; (vii) Clauses 5.21.2(a) to 5.21.2(e), inclusive, of By-law 3036, as amended, shall not apply to the lands zoned "MU-8" on Schedule I attached to this By-law; (viii) Notwithstanding clauses 5.21.2(g) and 5.21.2(k) of By-law 3036, as amended, all entrance and exits to parking areas and all parking areas shall be surfaced with brick, asphalt, or concrete, or any combination thereof. (c) SPECIAL -g~GULAT!ONS: (i) All uses, other than parking and outdoor play areas, shall take place entirely within enclosed buildings or stm:~ tres with no outside storage or display; (ii) Notwithstanding the provisions of subsections (a) and (b) above, the building existing on the lands zoned "MU-8" on Schedule I attached to this By-law, on the date of passing of this by-law, as illustrated on a plan of survey prepared by R.G. McKibbon, O.L.S. of R.G. McKibbon Limited, dated March 7, 1988, 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 the provisions set out herein; (iii) The minimum and maximum net residential density permitted in the area zoned "MU-8" on Schedule I attached to this By-law is over 30 and up to and including 140 dwelling units per hectare; (iv) The location and area of the point of access to the lands zoned "MU-8" on Schedule I attached to this By-law shall be restricted to the hatched area designated "access" on Schedule I attached to this By-law; (v) The maximum gross leasable floor area for the total of all retail store, personal service shop, custom workshop, dry cleaning depot, duplicating shop, financial institution, funeral home, and veterinary clinic uses is 2,500 square metres; (vi) The maximum floorspace index is up to and including 2.5 FSI. BY-LAW 3036 By-law 3036, as amended, is hereby further amended by repealing By-law 2497/87 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. READ A FIRST, SECOND, AND THIRD TIME AND PASSED THIS 15 th DAY OF D~e~mber , 1997. WAYNE ARTHURS, MAYOR ~RUCE J TAYLOR, CLERK '~ MU-8 ~ 4OR- 16160 ~.om ¥ ACCESS BUILD-TO-ZONE M~IMUM BUILDING E~ELOPE SCHEDULE I TO BY-~W s~so/97 PASSED THIS DAY OF Dece~er 1997 ROUGEMOUNT DRIV~ CR£S.