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HomeMy WebLinkAboutBy-law 4732/96 THE CORPORATION OF THE TOWN OF PICKERING BY-LAWNUMBER 4732 /96 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 Part Lot 19, Concession 1, in the Town of Pickering. (A 16/94) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the development of associated industrial uses; 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 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 Picketing, designated "MC-10" 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. 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) "]take. l:y~ shall mean a building or part of a building in which food products are baked, prepared and offered for retail sale, or in which food products baked and prepared elsewhere are offered for retail sale; (3) "Body Shop" shall mean a building or part of a building engaged in repairing or painting vehicle bodies; (4) ~ shall mean a building or part of a building in which one or more persons are employed in the management, direction or conducting of a public or private agency, a business, a brokerage, or a labour or fraternal organization, and includes an office accessory to a permitted use; -2- (5) ~ shall mean an athletic or recreational club operated for gain or profit and having public or private membership; (6) "Commercial-Recreational Establishment" shall mean a commercial establishment in which indoor recreational facilities such as bowling alleys, miniature golf courses, roller skating rinks, squash courts, swimming pools and other similar indoor recreational facilities are provided and operated for gain or profit, and which may include an arena or a stadium, but shall not include a place of amusement or entertainment as defined herein; (7) " - ' "shall mean a building or part thereof used for the purpose of receiving articles or goods or fabrics to be subjected to the process of dry- cleaning or laundering elsewhere and distribution of articles or goods which have been subjected to any such process; (8) "Dry-Cleaning Establishment" shall mean a building where dry-cleaning, dry- dyeing, cleaning or pressing of articles or goods of fabric is carded on, but does not include a spotting and stain removing establishment, hand laundry, machine laundry or a wholesale dyeing plant; (9) "Food Preparation Plant" shall mean a building or part of a building in which processed food products are cooked, baked, mixed, packaged or otherwise prepared for distribution to retail or institutional outlets; (10) "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; (11) "Light Manufacturing Plant" shall mean a manufacturing plant used for: (a) the dry cleaning, pressing or laundering of garments; (b) the production of apparel and finished textile products other than the production of synthetic fibers; (c) printing or duplicating; (d) the manufacture of finished paper and allied products other than the processing of wood pulp; (e) the production of cosmetics, drugs and other pharmaceutical supplies; or (f) the manufacture of finished lumber products, light metal products, electronic products, plasticware, porcelain, earthenware, glassware or similar articles, such as furniture, housewares, toys, musical instruments, jewelry, watches, precision instruments, radios and electronic components; (12) "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; -3- (13) "Merchandise Service Shop" shall mean an establishment where articles or goods including, but not necessarily limited to, business machines, appliances, furniture or similar items, are repaired or serviced, and includes the regular place of business of a master electrician or master plumber, but shall not include a manufacturing plant, or any establishment used for the service or repair of vehicles or a retail store; (14) "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 hail, or a theatre, but shall not include a games arcade, 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 from time to time, or any successor thereto; (15) "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; (16) "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 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; (17) "Professional Office" shall mean a building or part of a building in which legal, medical or other professional service is performed, or consultation given, and may include a clinic, and the offices of a lawyer, an architect, an engineer, a chartered accountant, a real estate agent or an insurance agent 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; (18) "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; (19) "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 or off the premises, or both; but shall not include an adult entertainment parlour as defined herein; (20) "~ shall mean a building or part of a building accessory to a manufacturing plant, a merchandise service shop, a food preparation plant or a warehouse, wherein products manufactured, produced, processed, stored, serviced or repaired on the premises are kept or displayed for rent or for wholesale or retail sale, or wherein orders are taken for future delivery of such products; (21) "Scientific. Research or Medical Laboratory_" shall mean a building or part of a building wherein scientific, research or medical experiments or investigations are systematically conducted, and where drugs, chemicals, glassware or other substances or articles pertinent to such experiments or investigations are manufactured or otherwise prepared for use on the premises; -4- (22) "Vehicle gepair Shop" shall mean a building or part of a building containing facilities for the repair and maintenance of vehicles on the premises, in which vehicle accessories are sold and vehicle maimenance and repair operations are performed in return for remuneration, but shall not include a body shop or any establishment engaged in the retail sale of vehicle fuels; (23) ~ shall mean a building or part of a building in which vehicles are displayed for sale, sold or both; (24) "Warehouse" shall mean a building or part of a building which is used primarily for the housing, storage, adapting for sale, packaging or wholesale distribution of goods, wares, merchandise, food-stuff, substances, articles or things, and includes the premises of a warehouseman but shall not include a fuel storage tank except as an accessory use; (25) "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. 5. PROVISIONS (1) Uses Permitted CMC-10" Zone) No person shall within the lands designated "MC-10" on Schedule I 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) commercial club (d) commercial recreation establishment (e) ch'y cleaning depot, subject to the provisions of Section 5.(2)(e)(v) (0 dry cleaning establishment (g) food preparation plant (h) light manufacturing plant (i) merchandise service shop O) place of assembly (k) private club (1) professional office (m) public club (n) restaurant - type A (o) sales outlet, subject to the provisions of Section 5.(2)(e)(iv) (p) sciemific, research or medical laboratory (q) vehicle repair shop (r) vehicle sales shop (s) warehouse (2) ~ ("MC-10" Zone) No person shall within the lands designated "MC-10" on Schedule I attached hereto use any lot or erect, alter or use any building except in accordance with the following provisions: (a) SETBACK REQUIREMENTS (minimum): as illustrated on Schedule I attached hereto; -5- (b) BUILDING HEIGHT (maximum): 12 metres; (c) OUTDOOR STORAGE: No outdoor storage or display, including the storage and display of motor vehicles, shall be permitted in any yard; (d) PARKING REQUIREMENTS: (i) For the purpose of this clause "parking space" shall mean a usable 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) On the lands designated "MC-10" on Schedule I attached hereto, there shall be provided and maintained a minimum of 74 parking spaces; (e) SPECIAL REGULATIONS: (i) Despite the provisions in Section 5.(2)(d)(ii), the aggregate gross leasable floor area of all bakeries, business offices, commercial clubs, commercial recreational establishments, dry cleaning depots, merchandise service shops, places of assembly, private clubs, professional offices, public clubs, restaurants - type A, sales outlets and vehicle sales shops shall be limited to: A 35 percent of the total gross leasable floor area of all buildings on the lot provided a minimum of 90 parking spaces are provided and maintained on the site; B 25 percent of the total gross leasable floor area of all buildings on the lot provided a minimum of 74 parking spaces are provided and maintained on the site; (ii) The aggregate gross leasable floor area of all Restaurants - type A shall not exceed 250 square metres; (iii) No Restaurant - type A shall include drive-through, order or pick-up services; (iv) A sales outlet shall be permitted only if accessory to a food preparation plant, light manufacturing plant, merchandise service shop, warehouse or bakery and provided that the gross leasable floor area of the sales outlet does not exceed 20 percent of the gross leasable floor area of the food preparation plant, light manufacturing plant, merchandise service shop, warehouse or bakery; (v) A dry-cleaning depot shall be permitted only if accessory to a dry-cleaning establishment and provided the gross leasable floor area of the dry-cleaning depot does not exceed 20 percent of the gross leasable floor area of the dry-cleaning establishment; (vi)The gross leasable floor area of all buldings shall not exceed 4,225 square metres. -6- 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 hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 2511, as amended, except that subsections 5.21.2 a) and 5.21.2 b) shall not apply to the area set out in Schedule I attached hereto. 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 19 th DAY OF February , 1996. READ A THIRD TIME AND PASSED THIS 19th DAY OF February ,1996. MAYOR WAYNE ARTHURS BRUCE J. TAYLOR TOWN OF LEGAL DEF'[. , ' MC- 10 ' BUILDING ENVELOPE SCHEDULE I TO BY-LAW 4 7 ~ 2/9 6 PASSED THIS z9 th DAY OF w~y 1996 MAYOR ~.~ -. ~ CLERK