HomeMy WebLinkAboutBy-law 5299/98THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 5299/98
Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended by
By-laws 2622/87, and 4646/95, to implement the Official Plan of the Town of
Picketing District Planning Area, Region of Durham, in Part of Lot 32, Range 3,
B.F.C., being Part of Lots 1, and 2, Plan 350, in the Town of Picketing. (A 5/97)
WHEREAS the Council of the'Corporation of the Town of Picketing passed By-law 2622/87,
amending By-law 3036, to permit the development of restricted light industrial uses, home
improvement centres, furniture and major appliance sales, restaurants, and business and
professional offices on the subject lands in Part of Lot 32, Range 3, B.F.C., being Part of Lots 1,
and 2, Plan 350, in the Town of Picketing;
AND WHEREAS the Council of the Corporation of the Town of Picketing passed By-law
4646/95, amending By-law 3036, to permit the establishment of retail commercial, personal
service uses, and a private school for a temporary period of three years on the subject lands in
Part of Lot 32, Range 3, B.F.C., being Part of Lots 1, and 2, Plan 350, in the Town of Pickering;
AND WHEREAS the Council of the Corporation of the Town of Picketing now deems it
desirable to further amend By-law 3036, as mended by By-laws 4646/95, to permit on a
permanent basis, retail commercial, personal service, office, residential, and community uses on
the subject lands in Part of Lot 32, Range 3, B.F.C., being Part of Lots 1, and 2, Plan 350, in the
Town of Picketing;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
PICKERING HEREBY ENACTS AS FOLLOWS;
SCHEDULES I & II
Schedules I & II attached hereto 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 Part of Lot 32,
Range 3, B.F.C., being Part of Lots 1, and 2, Plan 350, in the Town of Picketing,
designated "MU-9" on Schedule I attached hereto.
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)
"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 or designed to appeal to erotic or sexual appetites or inclinations;
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(lO)
(11)
(12)
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"Build-to-Zone" shall mean an area of land within which all or part of a building
or buildings are to be located;
"Business Offices" 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;
"Commercial Club" shall mean an athletic or recreational club operated for gain
or profit and having public or private membership;
"Commercial Recreationgl Establishment" shall mean a commercial establishment
in which indoor recreational facilities such as bowling alleys, miniature golf
courses, roller skating finks, squash courts, swimming pools and other similar
indoor recreation facilities are provided and operated for gain or profit, and which
may include an arena or stadium but shall not include a place of amusement or
entertainment, or games arcade as defined herein;
"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, or an art school, a
golf school or any other such school operated for gain or profit, but shall not
include any other school defined herein;
"Day Nursery" 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;
(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;
"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;
"Financial Institution" shall mean a building or part of a building in which money
is deposited, kept, lent or exchanged;
(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;
"Functional Floor Level" shall mean an enclosed building storey containing an
area of at least 50% of the building's ground floor area, and having a ceiling
height suitable to permit the intended use;
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(2O)
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"Games Arcade" shall mean any building, room, or area in which facilities are
offered for the play of
(a) three or more games of chance,
(b) three or more games of mixed chance and skill,
(c) a combination of three or more games of chance and games of mixed chance
and skill,
for the amusement of the public, which games are not contrary to the Criminal
Code of Canada, but does not include premises in which the amusement facilities
offered are pool tables, billiard tables, or bowling alleys;
(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;
"Multiple Dwelling" shall mean a building containing three or more dwelling units
attached horizontally, or vertically, or both, by an above grade wall or walls;
"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-rub 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;
"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, or theatre,
but shall not include a games arcade;
"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, or games arcade as defined herein;
"Private Club" shall mean an athletic, recreational, or social club not operated for
gain or profit and having private membership, and includes the premises of a
fraternal organization, but shall not include an adult entertainment parlour as
defined herein or a body rub 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;
"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-rub 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;
o
(21)
(22)
(23)
(24)
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"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 rub 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;
(a) "Private School" shall mean a school which is maintained for educational or
religious purposes but shall not include any other school defined herein;
(b)
"Private Resideotial School" shall mean a school which is maintained for
educational or religious purposes and which includes accessory residential
facilities but shall not include any other school defined herein;
(c) "Ptlblic School" shall mean,
(i) 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;
(ii) 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;
(iii) 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;
"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;
"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.
PROVISIONS
(1) Uses Permitted CMU-9" Zone)
No person shall within the lands designated "MU-9" 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) commercial club
(c) commercial school
(d) commercial recreational establishment
(e) day nursery
(f) dry cleaning depot
(g) financial institution
(h) personal service shop
(i) place of assembly
(j) private club
(k) private school
(1) professional office
(m) public club
(n) retail store
(o) restaurant - type A
(p) multiple dwelling
(2)
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Zone Requirements CMU-9 "Zone)
No person shall within the lands designated "MU-9" 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 on the southerly portion of the lands shall
be located entirely within the building envelope illustrated on
Schedule II attached hereto;
B
On the northerly portion of the lands, buildings shall be located in
such a manner that the minimum percentage of the length of the
build-to-zone, as indicated on Schedule II attached hereto, contains
all or part of a building or buildings;
C
Despite subclause B above, a deck, patio, or any building addition
having a gross floor area less than l0 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 (minimum): two functional floors and 7.0 metres;
(maximum):
four functional floors and 14 metres
for buildings located outside of the
maximum building envelope
illustrated on Schedule II attached
hereto, and six functional floors and
21 metres for buildings located
within the maximum building
envelope illustrated on Schedule II
attached hereto;
(iii) Floor Space Index (maximum): up to and including 2.5;
(b) RESIDENTIAL DENSITY:
(i)
For the purpose of this subsection, "density" shall mean the number of
dwelling units on a lot, divided by the area of the lot, in hectares, of
that lot;
(ii) Minimum:
On any lot within the lands, the density of
residential units shall not be less than 80 units per
net hectare;
(iii) Maximum:
On any lot within the lands, the density of
residential units shall not exceed 140 units per net
hectare;
(c) PARKING REQUIREMENTS:
(i)
A minimum of 5.5 parking spaces shall be provided and maintained on
each lot for every 100 square metres of gross leasable floor area or part
thereof;
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(ii)
Despite clause (i) above, for a private non-residential school or day
nursery, a minimum of 5.0 parking spaces shall be provided and
maintained on each lot for every 100 square metres of activity room
area or part thereof;
(iii)
Despite clause (i) above, for a commercial club, commercial recreation
establishment, place of assembly, private club, public club, or
restaurant-type A, a minimum of 8.0 parking spaces shall be provided
and maintained on each lot for every 100 square metres of gross
leasable floor area or part thereof;
(iv)
Despite clause (i) above, when parking is provided for residential
development in either below grade or in a surface parking lot, a
minimum of 1.2 parking spaces per dwelling unit shall be provided
and maintained on each lot, and a minimum of 0.3 parking spaces per
dwelling unit shall be provided and maintained for visitors on each lot;
(v)
Despite clause (i) above, for development that provides resident
parking in a private garage, there shall be provided and maintained on
each lot one private garage attached to each dwelling unit, one parking
space located between the vehicular entrance of the private garage and
the nearest traffic aisle, and a minimum of 0.3 parking spaces per
dwelling unit for visitors;
(vi)
Clauses 5.21.2a) to 5.21.2e), inclusive, of By-law 3036, as amended,
shall not apply to the lands designated "MU-9" on Schedule I attached
hereto;
(vii)
Despite clauses 5.21.2g) and 5.21.2k) of By-law 3036, as amended, all
entrance and exists to parking areas and all parking areas shall be
surfaced with brick, asphalt, or concrete, or any combination thereof.
(d) SPECIAL REGULATIONS:
(i)
Despite the provisions of subsections (a), (b), and (c) above, the
buildings existing on the lands zoned "MU-9" on Schedule I attached
hereto, on the date of passing of this by-law, as illustrated on a plan of
survey prepared by Horton, Wallace & Davies Ltd., dated
November 5, 1995 (Referenced as project 19544), and on the lands as
described in Instrument No. 261556, save and except Part 4 on Plan
40R15425, 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;
(ii)
A
For the purpose of this clause, the term "drive-through facility"
shall mean a facility at which good, products, or services are
provided directly to customers in vehicles;
B
No drive-through facility shall be permitted in association with
any of the uses permitted on the lands designated "MU-9" on
Schedule I attached hereto;
(iii)
All uses, other than parking and outdoor play areas, shall take place
entirely within enclosed buildings or structures, with no outside
storage;
(iv)
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On each lot, an outdoor area not exceeding 60 square metres used for
the display or sales of seasonal produce, new merchandise, or the
supply of services shall be allowed in conjunction with a permitted
use, provided that the produce, merchandise, or service is removed
from the outdoor area at the close of business each day.
By-LAW 3036
By-law 3036, as amended, is hereby further amended by repealing By-law 2622/87 and
By-law 4646/95, 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 amenfl~d.
EFFECTIVE DATE
This By-law shall take effect from the day of passing hereof subject to the approval of the
Omario Municipal Board, if required.
BY-LAW read a first, second and third time and finally passed this 4th day of May ,1998.
MAYOR
WAYNE ARTHURS
CLERK
BRUCE J. TAYLOR
SCHEDULE ! TO BY-LAW
PASSED THIS 4th
DaY OF MAY 1998
5299/98
CLERK
3,0m J
M~IMUM BUILDING ENVELOPE
BUILD-TO-ZONE
N
SCHEDULE Tr TO BY-LAW
PASSED ThiS 4th
DaY OF MAY 1998
5299/98
MAYOR
CLERK