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HomeMy WebLinkAboutBy-law 5531/99THE CORPORATION OF THE TOWN OF PICKER1NG BY-LAW NUMBER 5531/99 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham in Lot 165, Plan 816, in the Town of Pickering. (A 24/98) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the existing building to be used for business office use, as well as residential use, within the valley and corridor lands of Petticoat Creek, as an exception, on lands being Lot 165, Plan 816, Town 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 TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: SCHEDULE I Schedule I 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 Lot 165, Plan 816, in the Town of Pickering, zoned "OS-HL-(MU)" on Schedule I attached to this By-law. o 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) (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; (c) "Dwelling, Single or Single Dwelling" shall mean a single dwelling containing one dwelling unit and uses accessory hereto; -2- (3) (4) (5) (d) "Dwelling, Detached or Detached Dwelling" shall mean a single dwelling which is freestanding, separate and detached from other main buildings or structures; "Gross Floor Area" shall mean the aggregate of the floor areas of all the storeys of a building or structure, or a part thereof as the case may be, other than a private garage, an attic or a cellar; "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; "Parking Space" shall mean a usable and accessible area, having a minimum width of 2.6 metres and a minimum length of 5.3 metres, excluding aisle space and driveways to the parking lot, for the temporary parking of a vehicle. o PROVISIONS (a) Uses Permitted ("OS-HL-(MU)" Zone) No person shall within the lands designated "OS-HL-(MU)" on Schedule I attached to this By-law shall use any lot or erect, alter or use any building or structure for any purpose except the following: (i) detached dwelling unit; (ii) business office; (iii) conservation of the natural environment, soil, and wildlife; (iv) resource management; (v) pedestrian trails and walkways; (b) Zone Requirements ("OS-HL-(MU)" Zone) No buildings or structures shall be erected, nor any existing buildings or structures be enlarged, modified or changed, nor shall fill be placed or removed except for purposes of flood and erosion control, resource management, or pedestrian trail and walkway purposes; (c) Special Provisions ("OS-HL-(MU)" Zone) (i) Despite subsections (a) and (b) above, a two-storey structure such as that existing on the lands at the time of passing of this By-law, as illustrated on the Plan of Topographic Detail prepared by Donevan Fleischmann Petrich Ltd., Ontario Land Surveyors, Job No. P98036, completed May 25, 1998, located within the cross-hatched area on Schedule I attached to this By-law, may be used as a detached dwelling unit, or for business office use, provided such business office use does not exceed a gross leasable floor area of 180 square metres; (ii) Despite (i) above, the structure may be extended to the west provided such renovations and extensions remain within the cross-hatched area on Schedule I attached to this By-law, and further provided that the gross floor area of the building does not exceed 350 square metres; -3- (iii) Despite subsections (a) and (b) above, 9 parking spaces and a driveway shall be located within the hatched area on Schedule I attached to this By-law; (iv) Despite section 2.2.1 of By-law 3036, as amended, a two-way traffic parking lot aisle shall be a minimum width of 6.0 metres; (v) Despite subsections (a) and (b) above, a maximum of one sign is permitted along the Kingston Road frontage of the lands, located in the area of one of the three asterisks" * "shown on Schedule I attached to this By-law; (vi) Nothing in this By-law shall prevent the reconstruction of a building on the subject lands should the building existing at the time of passing of this By-aw be destroyed by fire or natural disaster, provided that the replacement building is located and constructed according to the provisions of this By-law. 6. BY-LAW 3036 (a) Schedule I of By-law 2456/87, as amended by By-law 3889/91 is amended by deleting the area set out in Schedule I attached to this By-law; (b) 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 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 3036, as amended. 7. EFFECTIVE DATE This By-law shall take effect from the day of passing subject to the approval of the Ontario Municipal Board, if required. BY-LAW read a first, second and third time and finally passed this 3rd day of August, 1999. Wayne Art. hms, Mayor Bruce Taylor,' Clerk \ \ 2 \ \ \ \ \ \ \ \ \ \ \ \ 40.Om OS-HL-(MU) SEE DETAIL 'A' 17.0m DETAIL 'A' --. N SCHEDULE I TO BY-LAW 5533./99 PASSED THIS DAY OF Augus ~ 1999 MAYOR CLERK DR~VE ROUGEMOUNT ORIVE RAINY DAY STEEPLE HILL ROAD ROAD ROAD TOYNEVALE ROAD I I Town of Pickedng Planning Department DATE MAY 26/99