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HomeMy WebLinkAboutBy-law 5245/98THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 5245/98 Being a By-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the Town of Picketing District Planning Area, Region of Durham, in Lots 30 and 31, Plan 331, in the Town of Picketing. (A 29/93) WHEREAS the Council of the Corporation of the Town of Picketing deems it desirable to permit the development of a neighbourhood commercial plaza with three residential apartments on the second floor on the subject lands, being Lots 30 and 31, Plan 331, in the Town of Pickering; AND WHEREAS an amendment to By-law 2511, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: SCHEDULE I Schedule I attached to this By-law with notations and references shown thereon is hereby declared to be part of this By-law. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Lots 30 and 31, Plan 331, in the Town of Piekering, designated "C 17-R" on Schedule I attached to this By-law. 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. DEFINITIONS In this By-law, (1) "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 carded 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; (2) "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 any such processes; (3) (a) "Dwelling" 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; o (4) "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; (5) "Laundromat" shall mean a self-serve clothes washing establishment containing washing, drying, ironing, finishing, or other incidental equipment; (6) (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; (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; (7) "Neighbourhood Store" shall mean a building or part of a building in which food, drags, periodicals, or similar items of day-to-day household necessity are kept for retail sale primarily to residents of, or persons employed in the immediate neighbourhood; (8) "Personal Service Shop" shall mean a building, or part of a building 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; (9) "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. PROVISIONS (1) Uses Permitted ("C17-R" Zone) No person shall within the lands zoned "C17-R" 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) business office (b) dry cleaning depot (c) dwelling unit (d) laundromat (e) neighbourhood store (f) personal service shop (g) professional office (2) Zone Requirements ("C 17-R" Zone) No person shall within the lands zoned "C17-R" 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 I attached hereto, with the exception of refuse container enclosures. B Despite Clause A above, uncovered steps or platforms not exceeding 1.2 metres in height above grade, may extend a maximum of 1.2 metres beyond the maximum building envelope illustrated on Schedule I attached hereto. (ii) Building Height (maximum): two functional floor levels and 9.0 metres. (b) PARKING REQUIREMENTS: (i) There shall be provided and maintained on the lands a minimum of 15 parking spaces. (c) DWELLING UNIT REQUIREMENTS: (i) Maximum of 3 dwelling units; (ii) Any dwelling unit shall be located on the second floor. (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) A maximum of 1 neighbourhood store use shall be permitted, with a maximum gross floor area of 170 square metres. BY-LAW 2511 By-law 2511, 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 Schedule I attached to this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 2511, 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 April ,1998. 6 th DAY OF WAYNE ARTHURS, BRUCE J. TAYLOR, CLERK 5.5m~ L.O~ ?~9 1.8m Lots 30 & 31, 15.7m Reg'd Plan 331 BUILDING N ENVELOPE SCHEDULE I TO BY-LAW 5245/98 PASSED THIS 6th DAY OF ]~pr±l 1998 MAYOR CLER~ bAKE: 0NTA~IO Town of Pickering Planning Department 4UE td -- --- II