HomeMy WebLinkAboutBy-law 4895/97 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 4 8 9 5/9 7
Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended by
By-laws 2836/88 and 4539/94, to implement the Official Plan of the Town of
Picketing District Planning Area, Region of Durham, in Part of Lot 24,
Concession 1, in the Town of Picketing. (A 13/94)
WHEREAS the Council of the Corporation of the Town of Picketing passed By-law 2836/88,
amending By-law 3036, to permit the development of special purpose commercial uses on the
subject lands, being Part of Lot 24, Concession 1, in the Town of Pickering;
AND WHEREAS passed By-law 4539/94, amending By-law 3036, to permit the establishment
of retail commercial and personal service uses for a temporary period of three years on the
subject lands, being Part of Lot 24, Concession 1, in the Town of Pickering;
AND WHEREAS the Council of the Corporation of the Town of Pickering now deems it
desirable to further amend By-law 3036, as amended by By-laws 2836/88 and 4539/94, to permit
retail commercial and personal service uses, as well as office, residential and community uses on
the subject lands, being Part of Lot 24, Concession 1, in the Town of Pickering;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
PICKERING HEREBY ENACTS AS FOLLOWS:
Schedule I attached hereto with notations and references shown thereon is hereby
declared to be part of this By-law.
The provisions of this By-law shall apply to those lands in Part of Lot 24, Concession 1,
in the Town of Picketing, designated "MU-6" 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.
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In this By-law,
(1) ~ shall mean an area of land within which all or part of a building
or buildings are to be located;
(2) ~ 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) ~ shall mean an athletic or recreational club operated for gain
or profit and having public or private membership;
(4) " ' "shall mean a school which is operated for gain or profit and
may include the studio of a dancing teacher or music teacher, or an art school, a
golf school or any other such school operated for gain or profit, but shall not any
other school defined heroin;
(5) Lq)_a.v__l~Lur~ 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;
(6) (a) ~ 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) ~ 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;
(7) "Financial Institution" shall mean a building or part of a building in which money
is deposited, kept, lent or exchanged;
(8) (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 part thereof as the case may be, other
than a private garage, an attic or a cellar;
(9) (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) ~ shall mean the percentage of lot area covered by all buildings
on the lot;
(c) 2Lxg_F_mlll~g~ shall mean the width of a lot between the side lot lines
measured along a parallel to and 7.5 metres distant from the front lot line;
(10) ~ shall mean a building containing three or more dwelling
units attached horizontally, or vertically, or both, by an above grade wall or walls;
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(11) "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-mb 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;
(12) "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;
(13) "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 mb 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;
(14) "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-mb 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) "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 mb 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;
(16) "Public School" shall mean,
(a) a school under the jurisdiction of a board of education which board is
established pursuant to the Education Act, R.S.O. 1980, or any successor
thereto;
(b) a college of applied arts and technology established pursuant to the Ministry
of Education, Colleges and Universities, pursuant to the Ministry of Colleges
and Universities Act, R.S.O. 1980, or any successor thereto;
(c) a university eligible to receive provincial funding from the Minister of
Education, Colleges and Universities, pursuant to the Ministry of Colleges
and Universities Act, R.S.O. 1980, or any successor thereto;
(17) "Restaurant - Type F" 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,
and which may include a drive-through order and pick-up service;
(18) "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.
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(1) Uses Permitted ("MU-6" Zone)
No person shall within the lands designated" on Schedule I attached hereto use
any lot or erect, alter or use any building or structure for any purpose except the
following:
(a) business office
(b) professional office
(c) retail store
(d) personal service shop
(e) financial institution
(f) public club
(g) private club
(h) commercial club
(i) commercial school
(ix) public school
(k) day nursery
(1) place of assembly
(m) restaurant - type F
(n) multiple dwelling
(2) ~t~rd~!Jl21ml~ ("MU-6 "Zone)
No person shall within the lands designated "MU-6" on Schedule I attached hereto
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 minimum setbacks
illustrated on Schedule I attached hereto;
B The build-to-zones illustrated on Schedule I attached hereto shall
have located within them 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 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 (maximum): two storeys or 6.5 metres
(iii) Lot Coverage (minimum): 40%
(b) RESIDENTIAL DENSITY:
(i) For the purpose of this clause, "density" shall mean the number of
dwelling units on a lot, divided by the area of the lot, in hectares, of that
lot;
(ii) The maximum density permitted on the lands designated "MU-6" on
Schedule I attached hereto is 100 dwelling units per hectare.
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(c) PARKING REQUIREMENTS:
(i) For the purpose of this clause, "parking space" shall mean a useable and
accessible area of not less than 2.6 metres in width and not less than
5.3 metres in length for the temporary parking of a vehicle, but shall not
include any portion of a parking aisle or driveway;
(ii) There shall be provided and maintained on the lands designated "MU-6"
on Schedule I attached hereto, a minimum of 60 parking spaces for the
first 2,100 square metres of gross leasable floor area, plus a minimum of
3.5 parking spaces per 100 square metres gross leasable floor area or part
thereof in excess of 2,100 square metres of gross leasable floor area;
(iii) Clauses 5.21.2a) to 5.21.2e), inclusive, of By-law 3036, as amended,
shall not apply to the lands designated "MU-6" on Schedule I attached
hereto;
(iv) Notwithstanding clauses 5.21.2g) and 5.21.2k) 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.
(d) SPECIAL REGULATIONS:
(i) All uses, other than parking, shall take place entirely within enclosed
buildings or structures with no outside storage or display;
(ii) For the purpose of calculating lot coverage, lands intended for future
conveyance to the Town for public roadway or walkway purposes shall
be excluded from the lot area;
(iii) Notwithstanding the provisions of subsections (a) and (b) above, the
building existing on the lands designated "MU-6" on Schedule I attached
hereto, on the date of passing of this by-law, as illustrated on a plan of
survey prepared by J.D. Barnes Limited dated June 22, 1989 (Reference
No. 88-34-061-2), 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.
6. BY-LAW 3036
By-law 3036, as amended, is hereby further amended by repealing By-law 2836/88 and
By-law 4539/94, and 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 relevant
provisions of By-law 3036, as amended.
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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 AND SECOND TIME THIS 20th DAY OF January , 1997.
READ A THIRD TIME AND PASSED THIS 20th DAYOF January ,1997.
MAYOR
WAYNE ARTHURS
~LERK
BRUCE J. TAYLOR
· '"' MU 6
.... MAXIMUM SETBACK N
SCHEDULE ! TO BY-LAW ~5/~7
PASSED THIS
DAY OF J~ 1997
Town of Pickering Planning Department