HomeMy WebLinkAboutBy-law 3768/91'DIE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 3768/91
Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended,
to implement the Official Plan of the Town of Picketing District Planning
Area, Region of Durham, in Part of Lot 28, Range 3, B.F.C., Town of Picketing.
(Town imtiated, A 9/91)
WHEREAS the Council of the Corporation of the Town of Picketing deems it desirable to
permit a m/xed use development consisting of certain office, commercial, office-support
commercial and residential uses on the subject lands, being Part of Lot 28, Range 3, B.F.C., in
the Town of Picketing;
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:
SCHED~.~ I & 1I
Schedules I & II attached hereto with notations and references shown thereon are hereby
declared to be part of this By-law.
AREA RESTRICTED
The provisions of this By-law shall app!,y to th,ose lands in Part of Lot 28, Range 3, B.F.C.
in the Town of Picketing, designated 'MU-V, "MU-2", "MU-Y, "MU-4" and "MU-5" 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)
"Business Office" shall mean a building or part of a building in which the
management or direction of a business, a public or private agency, a brokerage or a
labour or fraternal o.rganization is carried on, and which may include a telegr.aph
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;
(2) "Clinic" shall mean a public or private medical, surgical, physiotherapeutic or other
human health treatment facility;
(3)
"Drug Store" shall mean a building or part of a building in which pharmaceutical
prescriptions are compounded and dispensed to the public, and where medicine,
medical supplies and associated merchandise, confectionary items, cosmetics,
toiletries, periodicals, or similar items of day-to-day household necessity are stored,
displayed and offered for retail sale;
(4)
"Dry Cleaning Establishment - Non-Venting" shall mean a building or part of 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 emit noxious odours or fumes and in which no noise or vibration
causes a nuisance to neighbouring premises;
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
-2-
"Duplicating Shop" shall mean a building or part of a building where items such as
letters, plans, pictures and documents are reproduced by photostating, blueprinting
or other similar methods;
"Financial Institution" shall mean a building or part of a building in which money is
deposited, kept, lent or exchanged;
"Floor SEace Index" shall mean the ratio of the total aggregate gross floor areas of
the specffied use or uses established on a lot, to the total area of the lot;
"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;
"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 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 lot constitutes the whole of a lot or block on a
registered plan of subdivision;
"Medical Dispensary" shall mean an area of not more than 150 square metres gross
leasable floor area containing facilities where pharmaceutical prescriptions are
compounded and dispensed for the public by a pharmacist licensed pursuant to the
Health Disciplines Act, R.S.O. 1980, Chapter 196, as amended from time to time, or
any successor thereto, and ~here medicine, medical supplies and associated
merchandise is stored, displayed and offered for retail sale to the public;
"Medical Office Facili~," shall mean a building or part of a building in which
professional medical services other than veterinary services are performed, and may
include,
(i) a medical dispensary,
(ii)
facilities for medical, surgical, physiotherapeutic or other human
treatment,
(iii) medical testing and diagnostic facilities,
but shall not include a body-rub parlour as defined in section 221 (9)(b) of the
Municipal Act, R.S.O. 1980, Chapter 302, as amended from time to time, or any
successor thereto;
"Multiple Dwelling - Vertical" 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;
"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;
"Optical Store" shall mean a building or part of a building in which optical
instruments such as eyeglasses, contact lenses, or magnifying glasses are prepared,
dispensed, displayed and offered for retail sale;
"Parking Snace" shall mean a usable and accessible area of not less than 2.6 metres
in width find not less than 5.3 metres in length for the temporary parking of
vehicles, but shall not include any portion of the parking aisle or driveway;
"Personal Service Shop" shall mean an establishment in which a personal service is
performed and which may include a barber shop, a beau,ty 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 221 (9)(b) of the Municipal Act, R.S.O.
1980, Chapter 302, as amended from time to time, or any successor thereto;
"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 charterecl accountant, an
engineer, a la.wyer or a physician, but shall not include a body-rub parlour as
defined in section 221 (9)(b) of the Municipal Act, R.S.O. 1980, Chapter 302, as
amended from time to time, or any successor thereto;
(18)
(19)
(20)
-3-
"Retail Store" shall mean a building or part of a building in which goods, wares,
m---'~'-~a~ substances, articles or things are stored, kept and offered for retail
sale to the public;
"Restaurant - Type D" shall mean a building or part of a building where food is
prepared and '6ffered or kept for retail sale to the public for immediate
consumption on the premises, and which may include an accessory take-out
component; and
"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.
PROVISIONS
(1) (a) Uses Permitted CMU-I" Zone)
No person shall within the lands designated "MU-l" on Schedule I attached
hereto use any lot or erect, alter or use any building or structure for any
purpose except the following:
(i) Business Office
(ii) Drug Store
(iii) Dry Cleaning Establishment - Non-Venting
(iv) Duplicating Shop
(v) Financial Institution
(vi) Medical Office Facility
(vii) Multiple Dwelling - Vertical
(viii)Office-Associated Commercial Establishment
(ix) Optical Store
(x) Personal Service Shop
(xi) Professional Office
(xii) Restaurant - Type D
(b) Zone Requirements ("MUd" Zone)
No person shall within the lands designated "MUd" on Schedule I attached
hereto use any lot or erect, alter or use any building except in accordance with
the following provisions:
(i) BUILDING HEIGHT(maximum):22 metres, except in the area
cross-hatched on Schedule II
attached hereto where building
height (maximum) shall be 30 metres.
(ii) DWELLING UNIT REQUIREMENTS:
A. Not less than 2~) and not more than 63 dwelling units shall be
permitted; and
B. Dwelling units shall be permitted only in the area cross-hatched on
Schedule II attached hereto.
(iii) FLOOR SPACE INDEX:
A. Maximum floor space index for all financial institutions, medical
office facilities, business offices and professional offices: 0.50
(iv)
(v)
(vi)
-4-
B. Minimum floor space index for all financial institutions, medical
office facilities, business offices and professional offices: 0.25
YARD SETBACKS (minimum): as illustrated on Schedule II attached
hereto
OUTDOOR STORAGE:
no outdoor storage shall be
permitted in any yard
PARKING REQUIREMENTS:
For all uses except medical office facilities and multiple dwelling -
vertical, there shall be provided and maintained on the lot a
minimum of 4.3 parking spaces per 100 square metres floor area or
part thereof for the first 500 square metres gross leasable floor area,
plus 4.1 parking spaces per 100 square metres floor area or part
thereof for the next 500 square metres gross leasable floor area, plus
2.5 parking spaces per 100 square metres floor area or part thereof
for the remaining gross leasable floor area;
For. m. ultiple dwelling - vertical, there shall be provided and
mamtmneaon the lot a minimum of 1.2 parking spaces per dwelling
unit for residents and 0.3 parking spaces per dwelling unit for
visitors. All resident parking spaces shall be provided in a below
grade structure. Visitor parking spaces shall be provided at grade, in
a below grade structure, or both;
For medical office facilities, there shall be provided and maintained
on the lot a minimum of 5.4 parking spaces per 100 square metres
gross floor area or part thereof;
D. All parking areas_shall be surfaced with brick, asphalt or concrete, or
any combination thereof;
E. Parking areas at grade shall be set back a minimum of 3.0 metres
from all road allowances; and
F. Sections 5.21.2(b), 5.21.2(e), 5.21.2(g), 6.5(b) and 6.5(c) of By-law
3036, as amended, shall not apply.
(vii) SPECIAL REGULATIONS:
No more than 25% of the total aggregate gross leasable floor areas of
all financial institutions, medical office facilities, business offices and
professional offices may be used for the following uses: drug stores,
dry cleaning establishments - non-venting, duplicating shops,
office-associated commercial establishments, optical stores, personal
service shops and restaurants - type D; and
B. The total gross leasable floor area of all restaurants - type D shall not
exceed a maximum of 500 square metres.
(2) (a) Uses Permitted ("MU-2" Z.one)
No person shall within the lands designated "MU-2" on Schedule I attached
hereto use any lot or erect, alter or use any building or structure for any
purpose except the following:
(i) Business Office
(ii) Drug Store
(iii)Dry Cleaning Establishment - Non-Venting
(iv) Duplicating Shop
(v) Financial Institution
(vi) Medical Office Facility
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(vii) Office-Associated Commercial Establishment
(viii) Optical Store
0x)
(x)
(xi)
Personal Service Shop
Professional Office
Restaurant -TypeD
(b) Zone Requirements ("MU-2" Zone)
No person shall within the lands designated "MU-2" on Schedule I attached
hereto use any lot or erect, alter or use any building except in accordance with
the following provisions:
(i)
(ii)
(iii)
(iv)
(v)
BUILDING HEIGHT (maximum): 22 metres
FLOOR SPACE INDEX:
A. Maximum floor space index for all financial institutions, medical
office facilities, business offices and professional offices: 0.50
B. Minimum floor space index for all financial institutions, medical
office facilities, business offices and professional offices: 0.25
YARD SETBACKS (minimum): as illustrated on Schedule II attached
hereto
OUTDOOR STORAGE:
no outdoor storage shall be
permitted in any yard
PARKING REQUIREMENTS:
mo
For all uses except medical office facilities, there shall be provided
and maintained on the lot a minimum of 4.3 parking spaces per 100
square metres floor area or part thereof for the first 500 square
metres gross leasable floor area, plus 4.1 parking spaces per 100
square metres floor area or part thereof for the next 500 square
metres gross leasable floor area, plus 2.5 parking spaces per 100
square metres floor area or part thereof for the remaining gross
leasable floor area;
For medical office facilities, there shall be provided and maintained
on the lot a minimum of 5.4 parking spaces per 1130 square metres
gross floor area or part thereof;
C. All parking areas shall be surfaced with brick, asphalt or concrete, or
any combination thereof;
D. Parking areas at grade shall be set back a minimum of 3.0 metres
from all road allowances; and
E. Sections 5.21.2(b), 5.21.2(e) and 5.21.2(g) of By-law 3036, as
amended, shall not apply.
(vi) SPECIAL REGULATIONS:
No more than 25% of the total aggregate gross leasable floor areas of
all financial institutions, medical office facilities, business offices and
~rofessional offices may be used for the following uses: drug stores,
ry cleaning establishments - non-venting, duplicating shops,
office-associated commercial establishments, optical stores, personal
service shops and restaurants - type D; and
B. The total gross leasable floor area of all restaurants - type D shall not
exceed a maximum of 500 square metres.
(3)
-6-
(a) Uses Permitted ("MU-3" Zone)
No person shall within the lands designated "MU-3" on Schedule I attached
hereto use any lot or erect, alter or use any building or structure for any
purpose except the following:
(i) Business Office
(ii) Drug Store
(iii)Dry Cleaning Establishment - Non-Venting
(iv) Duplicating Shop
(v) Financial Institution
(vi) Medical Office Facility
(vii)Multiple Dwelling - Vertical
(viii) Office-Associated Commercial Establishment
(ix) Optical Store
(x) Personal Service Shop
(xi) Professional Office
(xii)Restaurant - Type D
(b) Zone Requirements ("MU-Y' Zone)
No person shall within the lands designated "MU-Y' on Schedule I attached
hereto use any lot or erect, alter or use any building except in accordance with
the following provisions:
(i) BUILDING HEIGHT (maximum): 22 metres, except in the area
cross-hatched on Schedule Il
attached hereto where building
height (maximum) shall be 26 metres.
(ii) DWELLING UNIT REQUIREMENTS:
A. Not less than 20 and not more than 30 dwelling units shall be
permitted; and
B. Dwelling units shall be permitted only in the area cross-hatched on
Schedule II attached hereto.
(iii) FLOOR SPACE INDEX:
A. Maximum floor space index for all financial institutions, medical
office facilities, business offices and professional offices: 0.50
B. Minimum floor space index for all financial institutions, medical
office facilities, business offices and professional offices: 0.25
(iv) YARD SETBACKS (minimum):
(v) OUTDOOR STORP~GE:
(vi) PARKING REQUIREMENTS:
as illustrated on Schedule 1I attached
hereto
no outdoor storage shall be
permitted in any yard
For all uses except medical office facilities and multiple dwelling -
vertical, there shall be provided and maintained on the lot a
minimum of 4.3 parking spaces per 100 square metres floor area or
part thereof for the first 500 square metres gross leasable floor area,
plus 4.1 parking spaces per 100 square metres floor area or part
thereof for the next 500 square metres gross leasable floor area, plus
2.5 parking spaces per 100 square metres floor area or part thereof
for the remaining gross leasable floor area;
(4)
-7-
For multiple dwelling - vertical, there shall be provided and
maintainedon the lot a minimum of 1.2 parking spaces per dwelling
unit for residents and 0.3 parking spaces per dwelling unit for
visitors. Ail resident parking spaces shall be provided in a below
grade structure. Visitor parking spaces shall be provided at grade, in
a below grade structure, or both;
For medical office facilities, there shall be provided and maintained
on the lot a minimum of 5.4 parking spaces per 100 square metres
gross floor area or part thereof;
D. All parking areas shall be surfaced with brick, asphalt or concrete, or
any combination thereof;
E. Parking areas at grade shall be set back a minimum of 3.0 metres
from all road allowances; and
F. Sections 5.21.2(b), 5.21.2(e), 5.21.2(g), 6.5(b) and 6.5(c) of By-law
3036, as amended, shall not apply.
(vii) SPECIAL REGULATIONS:
No more than 25% of the total aggregate gross leasable floor areas of
all financial institutions, medical office facilities, business offices and
professional offices may be used for the following uses: drug stores,
dry cleaning eslablishments - non-venting, duplicating shops,
office-associated commercial establishments, optical stores, personal
service shops and restaurants - type D;
B. The total gross leasable floor area of all restaurants - type D shall not
exceed a maximum of 500 square metres; and
C. No uses other than multiple dwelling - vertical shall be permitted in
the area cross-hatched on Schedule II attached hereto.
(a) Uses Permitted ("MU-4" Zone)
No person shall within the lands designated "MU-4" on Schedule I attached
hereto use any lot or erect, alter or use any building or structure for any
purpose except the following:
(i) Business Office
(ii) Financial Institution
(iii) Medical Office Facility
(iv) Multiple Dwelling - Vertical
(v) Personal Service Shop
(vi) Professional Office
(vii) Restaurant - Type D
(viii)Retail Store
(b) Zone Requirements ("MU-4" Zone)
No person shall within the lands designated "MU-4" on Schedule I attached
hereto use any lot or erect, alter or use any building except in accordance with
the following provisions:
(i) BUILDING HEIGHT(maximum):22 metres, except in the area
cross-hatched on Schedule II
attached hereto where building
height (maximum) shall be 26 metres.
(ii) DWELLING UNIT REQUIREMENTS:
A. Not less than 44 and not more than 88 dwelling units shall be
permitted; and
(5)
(a)
-8-
B. Dwelling units shall be permitted only in the area cross-hatched on
Schedule II attached hereto.
(iii) FLOOR SPACE INDEX:
(iv)
(v)
(vi)
A. Maximum floor space index for all restaurants - type D, retail stores
and personal serw'ce shops: 0.25
B. Maximum floor-space index for all financial institutions, medical
office facilities, business offices and professional offices: 0.25
C. Minimum floor space index for all restaurants - type D, retail stores
and personal serw'ce shops: 0.125
D. Minimum floor space index for all financial institutions, medical
office facilities, business offices and professional offices: 0.125
YARD SETBACKS (minimum): as illustrated on Schedule li attached
hereto
OUTDOOR STORAGE:
no outdoor storage shall be
permitted in any yard
PARKING REQUIREMENTS:
For all uses except medical office facilities and multiple dwelling -
vertical, there shall be provided and maintained on the lot a
minimum of 5.0 parking spaces per 100 square metres gross leasable
floor area or part thereof;
For medical office facilities, there shall be provided and maintained
on the lot a minimum of 5.4 parking spaces per 100 square metres
gross floor area or part thereof;
For multiple dwelling - vertical, there shall be provided and
maintained on the lot a minimum of 1.2 parking spaces per dwelling
unit for residents and 0.3 parking spaces per dwelling unit for
visitors. All resident parking spaces shall be provided in a below
grade structure. Visitor parking spaces shall be provided at grade, in
a below grade structure, or both;
D. all parking areas shall be surfaced with brick, asphalt or concrete, or
any combination thereof; and
E. Sections 5.21.2(b), 5.21.2(d), 5.21.2(e), 5.21.2(g), 6.5(b) and 6.5(c) of
By-law 3036, as amended, shall not apply.
(vii) SPECIAL REGULATION:
A. No uses other than multiple dwelling - vertical shall be permitted in
the area cross-hatched on Schedule II attached hereto.
Uses Permitted ("MU-5" Zone)
No person shall within the lands designated "MU-5" on Schedule I attached
hereto use any lot or erect, alter or use any building or structure for any
purpose except the following:
(i) Business Office
(ii) Financial Institution
(iii) Medical Office Facility
(iv) Personal Service Shop
(v) Professional Office
(vi) Restaurant - Type D
(vii) Retail Store
(b)
-9-
Zone Requirements ("MU:5" Zone)
No person shall within the lands designated "MU-5" on Schedule I attached
hereto use any lot or erect, alter or use any building except in accordance with
the following provisions:
(i) BUILDING HEIGHT (maximum): 22 metres
(ii) FLOOR SPACE INDEX:
A. Maximum floor space index for all restaurants - type D, retail stores
and personal sevqice shops: 0.25
B. Maximum floor space index for all financial institutions, medical
office facilities, business offices and professional offices: 0.25
C. Minimum floor space index for all restaurants - type D, retail stores
and personal service shops: 0.125
D. Minimum floor space index for all financial institutions, medical
office facilities, business offices and professional offices: 0.125
(iii)YARD SETBACKS (minimum):
(iv) OUTDOOR STORAGE:
(v) PARKING REQUIREMENTS:
as illustrated on Schedule II attached
hereto
no outdoor storage shall be
permitted in any yard
A. For all uses except medical office facilities, there shall be provided
and maintained on the lot a minimum of 5.0 parking spaces per 100
square metres gross leasable floor area or part thereof;
B. For medical office facilities, there shall be provided and maintained
on the lot a minimum of 5.4 parking spaces per 100 square metres
gross floor area or part thereof;
C. All parking areas shall be surfaced with brick, asphalt or concrete, or
any combination thereof; and
D. Sections 5.21.2(b), 5.21.2(d), 5.21.2(e) and 5.21.2(g) of By-law 3036, as
amended, shall not apply.
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 referred to in section 2
hereof. 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.
7. ENFORCEMENT
(1) Any person who contravenes any of the provisions of this By-law is guilty of an
offence and on conviction is liable,
(a) on a first conviction to a fine of not more than $20,000; and
(b) on a subsequent conviction to a fine of not more than $10,000 for each day or
part thereof upon which the contravention has continued after the day on
which he was first convicted.
(2) Where a corporation is convicted under subsection (1), the maximum penalty that
may be imposed is,
(a) on a first conviction a fine bf not more than $50,000; and
(b) on a subsequent conviction a fine of not more than $25,000 for each day or part
thereof upon which the contravention has been continued after the day on
which the corporation was first convicted;
(3)
- 10-
and not as provided in subsection (1).
Where a conviction is entered under subsection (1), in addition to any other remedy
or penalty by law, the court in which the conviction has been entered, and any court
of competent jurisdiction thereafter, may make an order prohibiting the
continuation or repetition of the offence by the person convicted.
EFFECTIVE DATE
This By-law shall take effect from the day of passing hereof, subject to the approval of
Amendment No. 58 to the Pickering District Plan by the Ministry of Municipal Affairs,
and subject to the approval of the Ontario Municipal Board, if required.
READ A FIRST AND SECOND TIME THIS 8th DAY OF August
, 1991.
READ A THIRD TIME AND PASSED THIS 8th DAY OF August
, 1991.
WAYNE E. ARTHURS
BRUCE J. TAYLOR
TOWN CF
PICKERING
APPROVED
~S TO FORM:
LEGAL DEPT.
o
MU-3
94.09
MU-2
LOT 3
103.43
MU-4
MU-1
NOTE: ALL D[MENSIONS SHOWN ARE IN METRES
SCHEDULE I TO aK-LAW
PASSED THIS
DAY OF August 1991
3768/91
MAYOR
NOTES:
n ALL DIMENSr0~S SHOWN ARE IN METRES.
DIMENSIONS SHOWN (EXCEPT THOSE IN BRACKETS) ARE
MINIMUM YARD SETBACKS.
3) DIMENSIONS SHOWN IN BRACKETS ARE FOR LOCATIONAL
PURPOSES.
4) LOT ~NES ARE AS PER SCHEDULE T,
SCHEDULE II TOo~LAW 3768/9!
PASSED THI~ugust
BAY OF_ 1991
MAYOI~ - /
1 I'IONAL
Su~EC~
FPR~OPERTY
RAILWAYS