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HomeMy WebLinkAboutBy-law 6189/03THE CORPORATION OF THE CITY OF PICKERING BY-LAW NUMBER 6]89/03 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham in Part of Lot 17, 18 & 19, Plan 230, City of Pickering. (A 14/03) WHEREAS the Council of the Corporation of the City of Pickering passed By-law 2497/87 & 5150/97, amending By-law 3036, to permit the development of restricted light industrial uses and mixed uses on the subject lands, being Part of Lots 17, 18 & 19, Plan 230, in the City of Pickering; AND WHEREAS the Council of the Corporation of the City of Pickering now deems it desirable to further amend By-law 3036, by replacing By-laws 2497/87 & 5150/97, to permit a mix of institutional, commercial, personal service, office, and residential uses on the subject lands, being Part of Lots 17 & 18, Plan 230, in the City of Pickering; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULE I & II Schedule I & II attache~l to this By-law 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 17, 18 & 19, Plan 230, in the City of Pickering, designated "MU-17" on Schedule I attached to this By-law. 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) "Build-to-Zone" shall mean an area of land within which all or part of a building or buildings are to be located; (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 agent, 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 Establishment" shall mean a commercial establishment in which indoor recreational facilities such as bowling alleys, miniature golf courses, roller skating rinks, squash courts, swimming pools and other similar indoor recreational facilities are provided 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) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) -2- "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; "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 distribution or sale, or the activities of a trade, craft, or guild, which may include furniture upholstering, but shall not 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 use as a facility for the daytime care of children; "Dry Cleaninq 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; "Duplicating Shop" 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; (a) "Dwellinq" 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 sanitary facilities; (c) "Multiple Dwellinq-Verticar' shall mean a building containing three or more dwelling units attached horizontally and vertically by an above grade wall or walls, or an above grade floor or floors or both; "Financial Institution" shall mean a building or part of a building in which money is deposited, kept, lent or exchanged; "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; "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; "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 Coveraqe" shall mean the percentage of lot area covered by all buildings on the lot; (16) (17) (18) (19) (20) (21) (22) (23) (24) (25) (c) -3- ''Lot Frontaqe" 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 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; "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; "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; "Private Non-Residential School" shall mean a school which is maintained for educational or religious purposes but shall not include 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 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, and 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; "Public Club" shall mean an athletic, recreational or social club not operated for gain or profit and having 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 Municipal Act, R.S.O. 1990, Chapter M.45, as amended from time-to-time, or any successor thereto; "Public School" shall mean, (a) a school under the jurisdiction of a Board of Education which Board is continued or established pursuant to the Education Act, R.S.O. 1990, c. E.2, 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; "Rental Establishment" shall mean a building or part of a building in which goods, wares, merchandise, substances, articles or things are offered or kept to offer for rent directly to the public; "Restaurant - Type E" shall mean a building or part of a building where food is prepared or offered or kept for retail sale to the public for immediate consumption in the building or elsewhere on the premises; (2) (26) -4- "Retail Store" shall mean a building or part of a building in which goods, wares, merchandise, substances, articles or things are stored, kept and offered for retail sale to the public; (27) "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 observation of domestic animals and birds, but shall not include boarding or lodging. PROVISIONS (1) Uses Permitted ("MU-17" Zone) No person shall within the lands zoned "MU-17" 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) administrative office (b) antique sales and/or craft shop (c) athletic club and/or fitness establishment (d) business office (e) commercial club (f) commercial recreation establishment (g) commercial school (h) custom workshop (i) day nursery (j) dry cleaning depot (k) duplicating shop (I) financial institution (m) funeral home (n) medical or dental clinic (o) personal service shop (p) place of assembly (q) private club (r) private non-residential school (s) professional office (t) public club (u) public school (v) residential- Multiple Dwelling -Vertical (w) rental establishment (x) restaurant-type E (y) retail store (z) veterinary clinic Zone Requirements ("MU-17" Zone) No person shall within the lands zoned "MU-17" 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 structures shall comply with the maximum building envelope illustrated on Schedule II attached hereto; B The build-to-zone illustrated on Schedule II 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 each area being A, B or C as shown on Schedule II; C Despite B above no building shall required within the build-to-zone if such land is used for parking only; D -5- 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; E 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 purpose of satisfying the requirements of that clause, only; (ii) Building Height: A Within the Build-to-Zone- minimum 6.5 metres; B Within the Build-to-Zone- maximum 7.5 metres; C Within the building envelope- maximum18.0 metres; D Despite A & B above development within the Build-to-Zone on Area 'A' on Schedule II shall have a minimum height of 6.5 metres and maximum of 14.0 metres. (b) PARKING REQUIREMENTS: (i) For a day nursery school or private school there shall be provided and maintained a minimum of 4 parking spaces per 100 square metres of floor area exclusive of the floor areas associated with an auditorium/gymnasium, main entrances, foyers or other common element areas not associated with classrooms; (ii) For an athletic club and or / fitness establishment, private / public club there shall be provided and maintained a minimum of 8 parking spaces for every 100 square metres of gross leasable floor area; (iii) For each dwelling unit there shall be provided and maintained a minimum of 1.5 parking spaces for each dwelling unit; (iv) For a funeral home there shall be provided and maintained the greater of ten parking spaces or one parking space for each 200 square metres of gross floor area; (v) For all other uses, there shall be provided and maintained on the lands a minimum of 5.5 parking spaces for every 100 square metres of gross leasable floor area or part thereof; (vi) 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 REGULATIONS: (i) All uses, other than parking and outdoor play areas, shall take place entirely within enclosed buildings or structures with no outside storage or display; (ii) All development existing on the date of passing of this by-law, on Part of Lot 19, Plan 230 shall be deemed to comply with the provisions of By-law 3036, as amended; -6- The minimum and maximum net residential density permitted on lands on Schedule I attached to this By-law shall be over 30 and up to and including 140 dwelling units per hectare; (iv) Section 5.22 (1) shall not apply to the lands designed MU-17 on Schedule I attached hereto. BY-LAW 3036 By-law 3036, as amended, is hereby further amended by replacing By-law 2497/87 and 5150/97 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. 2. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036, 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. READ A FIRST, SECOND, AND THIRD TIME AND PASSED THIS of October ., 2003. day Maurice Interim Mayor Bruce Taylor, G~erk MU-17 PLAN 230 PT LOT 17 & PI LOT 18 PLAN 2,30 PT LOT 17 PLAN 250 PT LOT 17 RP 40R-12151 PART 1 PLAN 230 PT LOT 17 RP 40R-16160 PART 2 SCHEDULE T TO BY-LAW 6189103 PASSED THIS DAY OF Oc ~d~r 2003 B A ./ 40% C /- BUILDING ENVELOPE BUILD-TO-ZONE LANDS AFFECTED BY THIS BY-LAW SCHEDULE Tr TO BY-LAW 6189/03 PASSED THIS 14 CLERK