HomeMy WebLinkAboutBy-law 6974/09
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. 8974/09
Being a By-law to amend Restricted Area (Zoning) By-law 2511;, as
amended, to implement the Official Plan of the City of Pickering, Region of
Durham, on Part of Lot 19, Range 3, B.F.C., Part 1, 40R-8832 and Part 1 ;
40R-10527, in the City of Pickering. (A 7/08)
WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to
broaden the range of employment uses in addition to the existing employment uses in
Part of Lot 19, Range 3, B.F.C.; Part 1, 40R-8832 and Part 1 4013-10527, in the City of
Pickering;
AND WHEREAS a further amendment to By-law 2511, as amended, is therefore
deemed necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
1. SCHEDULES
Schedules I and 11 attached to this By-law 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 on Part of Lot 19,
Range 3 B.F.C., Part 1, 40R-8832 and Part 1, 40R-10527 in the City of Pickering,
designated "MC-29" on Schedule l attached hereto
3. GENERAL PROVISIONS
No building, land or part thereof shall hereafter be used, occupied, erected, moved
or structurally altered except inconformity 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 designed to appeal to erotic or sexual appetites or
inclinations;
By-law No. 6974/09 (Continued) Page 2
(2) "Bake !y" shall mean a building or part of a building in which food products
are baked, prepared and offered for retail sale, or in which foodproducts
baked and prepared elsewhere are offered for retail sale;
(3) "Banquet Facility" shall mean a building or part of a building used for the
purposes of catering to banquets, weddings, receptions, or similar
functions for which food and beverages are prepared and served on the
premises but shall not include a restaurant;
(4) "Business Office" shall mean any building or part of a building in which
one or more persons are employed in the management, direction or
conducting of an agency, business, brokerage, labour or fraternal
organization and shall include a telegraph office, newspaper plant and a
radio or television broadcasting station and its studios or theatres, but
shall not include a retail store;
(5) "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;
(6) 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;
(7) "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
any uses permissible within a place of amusement or entertainment as
defined herein;
(8) "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 school operated for gain or profit;
(9) "Convenience Store" shall mean a retail store in which food, drugs,
periodicals or similar items of day-to-day household necessities are kept
for retail sale primarily to residents of, or persons employed in, the
immediate neighbourhood;
(10) "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 such processes;
By-law No. 6974/09 (Continued) Page 3
(11) "Dry Cleaning Establishment" shall mean a building or part of a building
where articles, goods or fabric are subjected to dry cleaning and related
processes, are received or distributed, or where a dry cleaning plant is
operated, or both, and which may include the laundering, pressing or
incidental tailoring or repair of articles, goods or fabric;
(12) "Exhibition Hall" shall mean a` building or part of a building where the
temporary exhibition of music, art, goods, wares, and the like are
displayed and made available for sale and which may include a flea
market use;
(13) "Financial Institution" shall mean a building or part of a building in which
money is deposited, kept, lent or exchanged;
(14) "Food Preparation Plant shall mean a building or part of a building in
which processed food products are cooked, baked, mixed, packaged or
otherwise prepared for distribution to retail or institutional outlets;
(15) "Light Machinery and Equipment Supplier" shall mean a building or part of
a building in which office furniture and machines, carpet and drapery
cleaning equipment, painting, gardeningand plumbing equipment, small
hand power tools and similar products are stored, offered or kept for
wholesaler retail sale to industrial or commercial establishments;
(16) "Light Manufacturing Plant" shall mean a manufacturing plant used for the
production of apparel and finished textile products other than the
production of synthetic fibres;` printing or duplicating; the manufacture of
finished paper other than the processing of wood pulp; the production of
cosmetics, drugs and other pharmaceutical supplies; or, the manufacture
of finished lumber products, light metal products, electronic products,
plastic ware, porcelain; earthenware, glassware or similar articles,
including but not necessarily restricted to, furniture, housewares, toys,
musical instruments, jewellery, watches, precision instruments, radios and
electronic components;
(17) (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 Coverage" shall mean the percentage of lot area covered by all
buildings on the lot;
By-law No. 6974/09 (Continued) Page 4
(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;
(18) "Manufacturing Plant" shall mean a building or part of a building in which is
carried on any activity or operation pertaining to the making of any article,
and which shall include altering, assembling, repairing, ornamenting,
finishing, cleaning, polishing, washing, packing, adapting for sale,
breaking up or demolishing the said article;
(19) "Merchandise Service Shop" shall mean an establishment where articles
or goods including; but not necessarily limited to, business machines,
appliances, furniture or similar items are repaired or serviced, and
includes the regular place of business of a master electrician or master
plumber; but shall not include a manufacturing plant or any establishment
used for the service or repair of vehicles or a retail store;
(20) "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;
(21) "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 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; as amended from time-to-time, or any
successor thereto;
(22) "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, a theatre, but shalt not include a room or an area used for any
video lottery terminal use as governed by the Gaming Services Act, or an
adult entertainment parlour as defined herein;
(23) "Place of Assembly" shall mean a building or part of 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;
(24) "Place of Worship shall mean a building or part of building dedicated to
religious worship and may include a church, synagogue, temple or
assembly hall along with accessory office space and nursery facilities, but
shall not include a day nursery, day care centre, or nursery school;
By=law No. 6974/09'(Continued) Page 5
(25) "Printing Establishment" shall mean an establishment used for
blueprinting, engraving, electro-typing, photocopying, plotting from disk,
printing, stereotyping or typesetting;
(26) "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-rub parlour as defined by the Municipal Act, R.S.O. 1990,
c.M. 45, as amended. from time-to-time, or any successor thereto;
(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 consumption on the premises or off the premises, or both on
and off the premises;
(26) "Rental Establishment" shall mean a building or part of a building in which
goods, wares, merchandise, substances, articles or things are offered or
kept for offer for rent directly to the public, but does not include the rental
of motor vehicles, and does not include a video store;
(29) "Sales Outlet" shall mean a building or part of a building accessory to a
bakery, a food preparation plant, a light manufacturing plant, a
manufacturing plant, a merchandise service shop, a printing
establishment, or a warehouse, wherein products manufactured,
produced, processed, stored, serviced or repaired on the premises are
kept or displayed for rent or for wholesale or retail sale, or wherein orders
are taken for future delivery of such products;
(30) "Scientific Medical or Research Laboratory" shall mean a building or part
of a building wherein scientific, research or medical experiments or
investigations are systematically conducted, or where drugs, chemicals,
glassware or other substances or articles pertinent to such experiments or
investigations maybe manufactured or otherwise prepared for use on the
premises;
(31) "Vehicle Sales Establishment" shall mean an establishment having as its
main use the sale, service, rent or lease of vehicles, and which may
include an accessory vehicle repair shop, but shall not include any
establishment engaged in the retail sale of motor vehicle fuels;
(32) "Warehouse" shall mean a building or part of a building which is used
primarily for the housing, storage, adapting for sale, packaging, or
wholesale distribution of goods, wares, merchandise, food-stuffs,
substances, articles or things, and includes the premises of a
warehouseman but shall not include a fuel storage tank except as an
accessory use;
By-law No. 6974/09 (Continued) Page 6
(33) (a) "Yard" 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;
(b) "Front Yard° shall mean a yard extending across the full width of a lot
between the front lot 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 dimension 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 dimension of a
rear yard 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;
(f) "Side Yard" shall mean a yard of a lot extending from ,thefront 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) "Flankage 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) "Flankage Side Yard Width shall mean the shortest horizontal
dimension of a flankage side yard of a lot between the lot line adjoining
a street or abutting on a reserve on the opposite side of which is a
street, and the nearest wall of the nearest main building or structure on
the lot; and
{j) "Interior Side Yard" shall mean a side yard other than `a fankage side
yard.
By-law No. 6974/09.(Continued) Page 7
5. PROVISIONS
(1) Uses Permitted ("MC-21" Zones)
No person shall within the lands designated "MC-21" on Schedule
attached hereto, use any lot or erect, alter, or use any building or structure
for any purpose except for the uses and in the locations as prescribed in
the, following chart:
Uses, permitted in both Uses permitted in only Uses permitted in only
Diagonally Hatched and Diagonally Hatched Cross Hatched Areas as
Cross Hatched Areas as Areas as illustrated in illustrated in Schedule I
illustrated in Schedule I Schedule I attached attached hereto
attached hereto hereto
bake convenience store banquet facility
business office d cleaning depot club
commercial. school financial institution' commercial club
dry cleaning personal service shop commercial-recreational
establishment establishment
food preparation cant restaurant - Type. A exhibition hall
light machinery and place of amusement or
equipment supplier entertainment
light manufacturing. plant lace of assembly
merchandise service sho lace of worship
office-associated
commercial establishment
printing establishment
professional office
rental establishment
sales outlet
scientific, medical or
research laboratory
vehicle sales
establishment
warehouse
(2) Zone Requirements ("MC-21" Zone)
No person shall within the lands designated "MC-21" on Schedule
attached hereto, use any lot or erect, alter or use any building except in
accordance with the following provisions:
(a) BUILDING RESTRICTIONS:
(i) All buildings and structures shall be located entirely within the
building envelope illustrated on Schedule 11 attached to this
By-law;
By-law No. 6974/09 (Continued) Page 8
(ii) A minimum of 40% of the length of the build-to zone as
illustrated on Schedule 11 attached hereto, shall contain a
building or buildings, or part of a building or buildings;
(iii) Minimum-Building Height in 6.5 metres
-diagonally hatched area
(b) OUTDOOR STORAGE AND DISPLAY
(i) Outdoor storage and display is prohibited;
(c) PARKING REQUIREMENTS
(i) No parking shall be located in the front yard;
(ii) There shall be provided and maintained on the lot a minimum of
parking spaces calculated in accordance with the following
provisions:
1.8 parking spaces 5.5 parking spaces 8.3 parking spaces 10 parking spaces
per 1 OOm2 gross per 100m2 gross per 100m2 gross per 100m2 gross
leasable floor area leasable floor area leasable floor area leasable floor area
bakery _ business office banquet facility exhibition hall
dry cleaning convenience store club
establishment
food preparation dry cleaning depot commercial club
plant
light machinery financial institution commercial school
and equipment
supplier
light manufacturing merchandise commercial-
plant service shop recreational
establishment
printing office-associated place of
establishment commercial amusement or
establishment entertainment
rental personal service place of assembly
establishment shop
scientific, medical professional office place of worship
or research
laboratory
vehicle sales sales outlet
establishment
warehouse restaurant = Type A
By-law No. 6974109 (Continued) Page 9
(iii) Sections 5.21.2(a) and 5.21.2(b) of By-law 2511 as amended
shall not apply to the lands designated "MC-21" on Schedule
attached hereto;
(iv) Notwithstanding section 5.21.2(8) of By-law 2511, as amended, all
parking areas shall be surfaced with brick, asphalt or concrete,
or any combination thereof.
(d) SPECIAL REGULATIONS
(i) Sales outlet shall be permitted only if accessory to a bakery, a
food preparation plant, a light manufacturing plant, a
merchandise service shop, a manufacturing plant, a printing
establishment, or a warehouse, provided the gross leasable
area of the sales outlet does not exceed 25%,of the gross
leasable floor area of the bakery, food preparation plant, light
manufacturing plant, merchandise service shop, printing
establishment, or warehouse;
(ii) Notwithstanding Clause A above, a sales outlet may exceed
25% up to a maximum of 40% of the gross leasable floor area
of the bakery, food preparation plant, light manufacturing plant,
merchandise service shop, manufacturing plant, printing
establishment, or warehouse, provided the aggregate gross
leasable floor area of all sales outlets in a building does not
exceed 25% of the total gross leasable floor area that buildings;
(iii) A maximum of 3 restaurants - Type A shall be permitted;
(iv) The maximum aggregate gross leasable floor area for
Restaurants -Type A shall be 1,000 square metres;
(v) Despite clause 5.(2)(a)(i)B, the build-to zone as illustrated on
Schedule 11 attached hereto, shall not apply to that portion of the
frontage of the lot if a stormwater management pond is
constructed directly adjacent to Bayly Street.
(3) Uses Permitted Zone Requirements ("H" Zone)
Until such time as the (H) Holding provision is lifted, the lands shall not be
used for any purpose other than any use permitted by the Storage & Light
Manufacturing Zone "M1" of Zoning By-law 2511, subject to the provisions
of Section 16 of By-law 2511.
By-law No. 6974/09 (Continued) Page 10
(4) Removal of the (H) Holding Symbol
Prior to an amendment to remove the (H) Holding Symbol preceding the
"MC-21" zone category, the following conditions. shall be met:
(a) An appropriate Agreement shall be executed with and to the
satisfaction of the City of Pickering to address stormwater
management facilities;
(b) The Region of Durham shall advise the City of Pickering that the
Regional requirements respecting the submission of a reliance
agreement letter has been completed to the satisfaction of the Region.
6. BY-LAW 2511
By-law 2511 is hereby 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 l attached
hereto. Definitions and subject matters not specifically dealt with in this By-law
shall be governed by relevant provisions of By-law 2511.
7. EFFECTIVE DATE
This By-law shall come into force in accordance with the. provisions of the
Planning Act.
BY-LAW read a first, second and third time and finally passed this 13 day of July, 2009.
David Ry or
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Debi A. Wilcox, City Cle
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PROPERTY DESCRIPTION PT.LT.19,RANGE 3,B.F.C.,40R-10524, PART 1 40R-8832
OWNER S.GOLVIN &JMPM HOLDINGS INC. DATE MAR. 3, 2008 DRAWN BY JB
FILE No. A 07/08 SCALE 1:5000 CHECKED BY RC N
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p 2005 MPAC and its suppliers. All rrghts Reserved. Nott a a plon o/ Survey..
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