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HomeMy WebLinkAboutBy-law 5558/99THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 5 5 5 8/99 Being a By-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham, in Part of Lot 17, Range 3, B.F.C. in the Town of Pickering. (A 17/99) WHEREAS the Council of the Corporation of the Town of Picketing passed By-law 2511, as amended by By-laws 61/74, 4807/96 and 4807/96, to permit the development of industrial uses on the subject lands combined with a limited amount of restaurant and accessory retail uses, being Part of Lot 17, Range 3, B.F.C. 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 2511 to also permit commercial-recreational, community, cultural, and personal service uses on the subject lands, being Part of Lot 17, Range 3, B.F.C. in the Town of Picketing; 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 Part of Lot 17, Range 3, B.F.C. in the Town of Pickering, zoned "MC-12" 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. o DEFINITIONS In this By-law, (1) "Club" shall mean a building or part of a building in which a not-for profit or non-commercial organization carries out social, cultural, welfare, athletic or recreational programs for the benefit of the community; (2) "Commercial Club" shall mean an athletic or recreational club operated for gain or profit and having public or private membership, but shall not include an adult entertainment parlour as defined herein; (3) "Commercial-Recreational Establishment" shall mean a commercial establishment in which indoor recreational facilities are provided, and which may include an athletic or recreational club, but shall not include any uses permissible within a place of amusement or entertainment as defined herein; (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) "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, 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; "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; "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; (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; "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-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; "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 a theatre, but shall not include a room or an area used for any video lottery terminal use as governed by the Gaming Services Act, an adult entertainment parlour as defined herein or a body-mb parlour as defined in the Municipal Act, R.S.O. 1990, as amended from time-to-time, or any successor thereto; "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 as defined herein; "Private Non-Residential School" shall mean a school which is maintained for educational or religious purposes, but shall not include a day nursery, or any other school defined herein; "Private Residential School" shall mean a school which is maintained for educational or religious purposes, and which includes accessory residential facilities, but shall not include a day nursery, or any other school defined herein; "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 on and offthe premises. o PROVISIONS, O) Uses Permitted ("MC-12" Zone) No person shall within the lands zoned "MC-12" 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) (b) (c) (d) (e) (0 (g) (h) (i) 0) (k) (1) (m) any use of the "M2S" - Yard Storage and Heavy Manufacturing Zone as per Section 18.1 of By-law 2511, as amended; restaurant, type A (subject to Special Regulation (ii) in section 5(2)(b) of this By-law); accessory retail use (subject to Special Regulation (iii) in section 5(2)(b) of this By-law); club; commercial club; commercial-recreational establishment; commercial school; dry cleaning depot; dry cleaner's distribution station; personal service shop; place of amusement or entertainment; place of assembly; private non-residential school; (2) Zone Requirements ("MC- 12" Zone) No person shall within the lands zoned "MC-12" 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) Subject to Section 18.2 of By-law 2511; (b) SPECIAL REGULATIONS: (i) The aggregate gross floor area of all uses listed in Section 5(1)(d) to (m) of this By-law is limited to 5,500 square metres; (ii) Restaurant, Type A uses shall be restricted to the hatched area on Schedule I attached to this By-law, and to a maximum aggregate gross leasable floor area of 631 square metres; (iii) Despite Section 18.1.2 of By-law 2511, as amended, accessory retail use is permitted to a maximum of 20% of the gross leasable floor area of a permitted use in the "M2S" - Yard Storage and Heavy Manufacturing Zone, as per Section 18.1 of By-law 2511, as amended, or to a maximum 93 square metres of floor area, whichever is less; o BY-LAW 2511 (1) By-laws 61/74, 3589/90 and 4807/96, as they each apply to the area set out in Schedule I attached to this By-law, are hereby repealed; 4 (2) 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. 7. 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. BY-LAW read a first, second, and third time and finally passed this 4thday of October 1999. Wayne Arthurs, Mayor Brace J. Taylor, Clerk PARTS 1 - 40, 40R-15079 MC- 12 SCHEDULE I TO BY-LAW PASSED THIS DaY OF 1999 MAYOR CLERK BAYLY CLEMENTS McPHERSON COURT C.N.R. STREET $/J~ C.N.R. McKAY BAYLY CLEMENTS ROAD ROAO MONTGOMERY PARK ROAD Town of PickeringI MONTGOMERY I Planning Department IDATE SEPT. 20/99