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HomeMy WebLinkAboutBy-law 4366/93 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 4366/93 Being a By-law to amend Restricted Area (Zoning) By-law 3036 as amended, to implement the Official Plan of the Town of Picketing District Plamfing Area, Region of Durham in Block 69, Plan 40M-1700 and Part of Lot 33, Concession 1, in the Town ofPickering. (A 17/93) WHEREAS the Council of the Corporation of the Town of Picketing passed By-law 2822/88, amending By-law 3036, as amended, to permit the establishment of residential and retail commercial uses on the subject lands, being Block 69, Plan 40M-1700, and Part of Lot 33, Concession 1, in the Town of Picketing; AND WHEREAS the Council of the Corporation of the Town of Picketing deems it desirable to change the development requirements for the subject lands, being Block 69, Plan 40M-1700, and Pan of Lot 33, Concession I, in the Town of Picketing, as set out in By-law 3036, and amended by By-law 2822/88; AND WHEREAS an amendment to By-law 3036, 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 Block 69, Plan 40M-1700 and Part of Lot 33, Concession I, designated "LCA-6" and "OS-A" on Schedule I attached hereto. 3. GENERAL PROVISION No building, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions &this By-law. In this By-law, (1) ~ 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; -2- (2) ~ shall mean a building or part of a building in which the management or direction of a business, a public or private agency, a brokerage or a labour or fraternal organization is carried 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 theatres, but shall not include a retail store; (3) ~ shall mean an athletic, recreational or social club operated for gain or profit and having public or private membership; (4) .... 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; (5) "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 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 as defined herein; (6) ~ shall mean lands and premises duly licensed pursuant to the provisions of the Day Nurseries Act, or any successor thereto, and for the use as a facility for the daytime care of children; (7) "Dry-Cleaning Establishment - Type B" shall mean a building or part of a building where articles, goods or fabric to be subjected to dry-cleaning and related processes are received or distributed, or where a dry-cleaning plant is operated, or both, where a dry-cleaning plant does not exceed a dry weight capacity of 27 kilograms, does not vent or emit noxious gases, odors or fumes, and is not a source of noise or vibration that causes a nuisance to neighbouring premises, and which may include the laundering, pressing or incidental tailoring or repair of articles, goods or fabric; (8) (a) "~" 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) "~" 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) "Multiple Dwelling - Horizontal" shall mean a building containing three or more dwelling units attached horizontally, not vertically, by an above grade wall or walls; (d) "Multiple Dwelling - Vertical" shall mean a building containing four or more dwelling units attached horizontally or vertically, each unit having access from an internal corridor system connecting with at least one common entrance from outside the building; (9) "' ' -- "shall mean a building or part ora building in which money is deposited, kept, lent or exchanged; -3- (10) (a) 2f_lO_Ol_fi. tt,~ shall mean the aggregate of the floor areas of all storeys above or below established grade, but shall exclude the floor area of any parts of the building used for mechanical equipment, stairwells, elevators; (b) "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) "Laundromat" shall mean a self-serve clothes washing establishment containing washing, drying, ironing, finishing or other incidental equipment; (12) "Personal Service Shop" shall mean an establishment in which a personal scrvice is performed and which may include a barber shop, a beauty salon, a shoe repair shop, a tailor or dressmaking shop or a photographic studio, but shall not include a body-rub parlour as defined in the Municipal Act, R.S.O. 1990, Chapter M.45, as amended from time to time, or any successor thereto; (13) "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 games arcade or an adult entertainment parlour as defined in the Municipal Act, R.S.O. 1980, Chapter 302, as amended from time to time, or any successor thereto; (14) "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; (15) "Private Club" shall mean an athletic, recreational or social club not operated for gain or profit and having private membership; (16) (a) "Private Non-Residential School" shall mean a school which is maintained for educational or religious purposes but shall not include any other school defined herein; (b) "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 any other school defined herein; (c) "Public School" shall mean, (i) a school under the jurisdiction of a Board of Education which Board is continued or established pursuant to the Education Act, R.S.O. 1990, c. E.2, or any successor thereto; (ii) a college of applied arts and technology continued or established pursuant to the Ministry of Colleges and Universities Act, R.S.O. 1990, c. M.19, or any successor thereto; and (iii) a university eligible to receive provincial funding pursuant to the Ministry of Colleges and Universities Act, or any successor thereto; -4- (17) "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, an engineer, a lawyer or a physician, but shall not include a body-mb parlour as defined in 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; (19) " - "shall mean a building or part of a building where food is prepared and offered or kept for retail sale to the public for inunediate consumption on the premises or off the premises, or both on and off the premises; (20) "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. 5. ~ (1) Uses Permitted ("LCA-6" Zone) No person shall within the lands designated "LCA-6" 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-recreational establishment (e) commercial school day nursery (g) dry-cleaning establishment - type B (h) financial institution (i) laundromat 0) multiple dwelling - horizontal (k) multiple dwelling - vertical (1) personal service shop (m) place of amusement or entertainment (n) place of assembly (o) private club (p) private non-residential school (q) professional office (r) public club (s) restaurant - type A (t) retail store (2) Zl21xe,~,fllaI~ ("LCA-6" Zone) No person shall within the lands designated "LCA-6" on Schedule I attached hereto use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (a) NUMBER OF DWELLING UNITS: No less than 50 and no more than 78 dwelling units shall be permitted. -5- (b) BUILDING RESTRICTIONS: A No building, part of a building, or structure shall be erected unless it is located wholly within the building envelope illustrated on Schedule I attached hereto; B No building, part of a building, or structure that exceeds a height of 12.0 metres shall be erected except in the area cross hatched on Schedule l attached hereto, within which area the minimum building height shall be 12.0 metres, and the maximum building height shall be 18.0 metres; C There shall be a minimum horizontal distance of 1.8 metres between blocks of multiple dwellings - horizontal; D The aggregate of the gross leasable floor areas of all buildings on the lands, except multiple dwellings horizontal and multiple dwellings - vertical, shall not exceed 5,110 square metres; E Notwithstanding Section 5.7 of By-law 3036, as amended, and clause 5.(2)(b)A above, bay windows, balconies, decks, and porches, whether covered or uncovered, shall be permitted to project a maximum of 1.5 metres beyond the limits of the building envelope illustrated on Schedule I attached hereto; (c) PARKING REQUIREMENTS: A 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; B There shall be provided and maintained on the lands a minimum of 5~0 parking spaces per 100 square metres of gross leasable floor area for all uses listed in Section 5(1) of this By-law, except multiple dwelling - horizontal and multiple dwelling - vertical; C For each multiple dwelling - horizontal unit there shall be provided and maintained on the lands one private garage attached to the dwelling unit; D For each multiple dwelling - horizontal unit there shall be provided on the lands one parking space located between the vehicular entrance of the private garage and the nearest traffic aisle, or public road; E For each multiple dwelling - vertical unit there shall be provided and maintained on the lands 1.2 parking spaces per unit for residents, and 0.3 of a parking space per dwelling unit for visitors. All resident parking shall be provided below grade. Visitor parking shall be provided at grade or below grade, or both; F Clauses 5.21.2a), 5.21.2b), 5.21.2c), 5.21.2d), 5.21.2e), and 5.21.20 of By-law 3036, as amended, shall not apply to the lands designated "LCA-6" on Schedule 1 attached hereto; G Notwithstanding clauses 5.21.2g) and 5.21.2k) of By-law 3036, as amended, all entrances and exits to parking areas, and all parking areas shall be surfaced with brick, asphalt or concrete, or any combination thereof. -6- (d) SPECIAL REGULATIONS A Notwithstanding Section 5.7 or' By-law 3036, as amended, and clause 5.(2)(b)A of this by-law, buildings, structures, and fences associated with permitted mechanical, recreational, security, parking and other ancillary residential facilities may be permitted outside the limits of the building envelope illustrated on Schedule I attached hereto; B Prior to the issuance of a building permit to allow development to occur within the lands designated "LCA-6" on Schedule I attached hereto, Site Plan Approval must be granted by the Town. (3) Uses Permitted ("OS - A" Zone) No person shall within the lands designated "OS-A" on Schedule I attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (a) conservation of the natural environment, soil, and wildlife; (b) resource management; (c) landscape open space; (d) outdoor patio. (4) Zone Requirements COS-A" Zone) No person shall within the lands designated "OS-A" on Schedule I attached hereto use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (a) SPECIAL REGULATIONS: A 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 the purposes of flood and erosion control, resource management or a landscape open space; B For the purpose of this clause, "landscape open space" shall mean open and unobstructed space on a lot, which is suitable and used for the growth and maintenance of grass, flowers, bushes, shrubs or other landscape plants and may include any surface walk, uncovered patio or similar space but does not include any portion of a parking space, parking aisle, driveway or ramp; C For the purpose of this clause, "outdoor patio" shall mean an uncovered outdoor eating area not exceeding 93 square metres in area, which occurs in conjunction with any restaurant use permitted under the "LCA - 6" zone, where seating accommodation is provided, and where meals and refreshments are served. -7- 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 hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 3036, as amended. 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 20th DAY OF December, 1993. READ A THIRD TIME AND PASSED THIS 20th DAY OF December, 1993. MAYOR / ~ WAYNE ARYHURS / CLERK BRUCE J. TAYLOR LCA-6 PART OF BLOCK 6§, PLAN 40M-1700 AND PART OF LOT 55, CONCESSION 1 BUILDING ENVELOPE I N BUILDING HEIGHT REOUIREMENT SEE SECTION 5.(2)(b)B SCHEDULE I TO BY-LAW 4366/93 PASSED THIS 20th DAY OF December 1993 CLERK Town of Pickering Planning Department