HomeMy WebLinkAboutBy-law 7200/12
The Corporation of the City of Pickering
By-law No. 7200/12
_ Being `a By-lawto amend Restricted Area (Zoning) By-law 3036, as
amended,. to implement the Official Plan of the City of Pickering, Region of
Durham in Part,of Lot 17, Plan 489, in the City of Pickering (A 26/08).
Whereas the Council of The Corporation of the City of Pickering deems it desirable to
permit limited commercial development on the subject lands, being Part of Lot 17, Plan
489 in the City of Pickering; .
And whereas an amendment to;By-law 3036,'as amended, is therefore deemed
necessary;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. Schedule
Schedule I-attached hereto 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 Lot 17, Plan
489; in the Cityof Pickering, designated "MU-20" on Scheduled 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) "Adult Entertainment Parlour" shall mean a building or part of a building in
which is provided, in pursurance of a trade, calling, business or
occupation, services appealing to or designed to appeal to erotic or sexual
appetites or inclinations;
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By-law No. 7200/12 Page 2
(2) "Bakery" shall mean a building or part of a building where baked food
products are prepared and offered for retail sale, and which may include
incidental baking;
(3) "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 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
theatres; but shall not include a retail store;
(4) "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;
(5) "Financial Institution" shall mean a building or part of a building in which
money is deposited, kept, lent or exchanged;
(6) (a) "Floor Area" shall mean the aggregate of the floor areas of all storeys
above or below established grade, but shall exclude the floor area of
any parts of the building used for mechanical equipment, stairwells,
elevators, and any part of the building below established grade other
than that used for retail commercial or office purposes;
(b) "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, which may also
include an outdoor patio, but excluding storage areas below
established grade;
(7) "Landscaped Open Area" shall mean the area on the lot free from
buildings and/or structures suitable for the growth and maintenance of
vegetated plants such as grass, flowers, shrubs, trees and other
landscape features which may include walkways, berms, retaining walls,
decorative pavers, bricks or stones and outdoor amenity areas including
patios, but shall not include driveways, drive aisles, internal roads, parking
areas, curbs or any exterior garbage storage or handling area;
(8) "Laundromat" shall mean a self-serve clothes washing establishment
containing washing, drying, ironing, finishing or other incidental
equipment;
By-law No. 7200/12 Page 3
(9) "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 the Municipal
Act, 2001, as amended from time to time, or any successor thereto;
(10) "Professional Office - Non-Medical" shall mean a building or part of a
building in which legal or other professional service is performed or
consultation given, and which may include the offices of an architect, a
chartered accountant, an engineer, or a lawyer, but shall not include the
office of a physician or a body-rub parlour as defined in the Municipal Act,
2001, as amended from time to time, or any successor thereto;
(11) "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, but
shall not include an adult entertainment parlour as defined herein;,
(12) "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;
(13) (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;
By-law No. 7200/12 Page 4
(f) "Side Yard" shall mean a yard of a lot extending from the front 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 aside yard immediately adjoining a
street or abutting on a reserve on the opposite side of which is a street;
(i) "Interior Side Yard" shall mean a side yard other than a flankage side
yard.
5. Provisions
(1) Uses Permitted ("MU-20 Zone.)
No person shall within the lands designated "MU=20" on Schedule
attached hereto, use any lot or erect,' alter, or use any building or structure
for any purpose except the following:
(a). Bakery
(b) Business Office
(C). Convenience Store
(d) Financial Institution
(e) Laundromat
(f) Personal Service Shop
(g) Professional Office (Non-Medical)
(h) Restaurant - Type A
(i) Retail Store
(2) Zone Requirements ("MU-20" Zone)
No,person shall within the lands designated "MU-20" on Schedule
attached hereto, use any lot or erect, alter, or use any building except in
accordance with the following provisions:
By-law No. 7200/12 Page 5
(a) Building Restrictions.
(i) Despite any other provisions of Zoning By-law 3036, the
permitted uses shall only occur within the building existing as
of the day of the passing of this by-law as shown on the
Topographical Survey of Part of Lot 17, Registered Plan 489
completed by the Ontario Land Surveyor on April 23, 2008,
Project Number 08-027-T, being the building which existed at
the time of the passing of the by-law:
(ii) Building Height (maximum): 9.0 metres
(iii) Open Storage:
A All uses other than parking shall take place entirely
within enclosed buildings or structures with no outside
storage or display permitted.
B Despite Paragraph 5(2)(a)(iii)(A) above, one detached
garbage enclosure with a maximum gross floor area of
10 square metres is permitted in the side yard only.
(iv) Front Yard Landscaped Open Area (minimum): 15 percent
(b) Parking Requirements
(i) There shall be provided and maintained on the lot a minimum
of 4.5 spaces per 100 square metres of gross leasable floor
area for all uses permitted under the "MU-20" Zone;
(ii) Despite Clause 5.21.2b) of By-law 3036, as amended,
parking shall be setback 3.0 metres from all side lot lines;
(iii) Despite Clauses 5.21.2g) and 5.21.2k) of By-law 3036, as
amended, all parking areas including driveway entrances and
exits shall be surfaced with brick, asphalt, concrete,
permeable materials, or any combination thereof;
(c) Special Regulations:
(i) A maximum gross floor area of 220 square metres is
permitted for all buildings on lands zoned "MU-20";
(ii) All portions of the building or structure below finished grade
shall be used only for storage accessory to a permitted use;
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By-,law No. 7200/12 Page 6
(iii) Despite Section 5.(1) of this by-law, only one business
operation may be established at any one time on lands
zoned "MU-20" ` on Scheduled attached hereto;
(iv) In a building containing a Restaurant Type 'A', a maximum
gross leasable floor area of 20 square metres may be used
for the consumption of food on the premises;
(v) No drive through facility shall be permitted in association with
any of the uses permitted on the lands designated "MU-20"
on Schedule 1 attached hereto;
(vi) No outdoor and/or rooftop patios shall be permitted on lands
designated "MU-20" on Scheduled attached hereto.
6. By-law
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
set out in Scheduled 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.
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 26th day of March,
2012.
David Ryan, Ma~df
Cl~
_ Debbie Shields, City Clerk
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SCHEDULE I TO BY-LAW 7200/12
PASSED THIS 26th
DAY OF March 2012
MAYOR
CLERK