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Home My WebLink AboutBy-law 4114/92 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 4114/92 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 Planning Area, Region of Durham, in Part of Lot 29, Range 3, B.F.C., Town of Picketing. (A 61/87) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to {~aermit the development of certain office and office-support commercial uses on the subject nds, being Part of Lot 29, Range 3, B.F.C., in the 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 FOI.I OWS: 1. SCHEDULES I & H Schedules I & II attached hereto with notations and references shown thereon are hereby declared to be part of this By-law. 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lot 29, Range 3, B.F.C. in the Town of Picketing, designated "MU" 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. 4. DEFINITIONS In this By-law, (1) "Business Office" 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 broadcasting station, but shall not include a retail store; (2) "Clinic" shall mean a public or private medical, surgical, physiotherapeutic or other human health treatment facility; (3) "Drue Store" shall mean a building or part of a building in which pharmaceutical prescriptions are compounded and dispensed to the public, and where medicine, medical supplies and associated merchandise, confectionary items, cosmetics, toiletries, periodicals, or similar items of day-to-day household necessity are stored, displayed and offered for retail sale; (4) "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, odours or fumes, and is not a source otnoise or vibration that causes a nmsance to neighbouring premise, s, and which may include the laundering, pressing or incidental tailoring or repmr of articles, goods or fabric; (5) "Duplicating Shop" shall mean a building or part of a building where items such as letters, plans,., pictures and documents are reproduced by photostating, blueprinting or other s~mflar methods; (6) "Financial Institution" shall mean a building or part of a building in which money is deposited, kept, lent or exchanged; -2- (7) "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; (8) "Lof' 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 a 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; (9) "Medical Dispensary' shall mean an area of not more than 150 square metres gross leasable floor are~/ containing facilities where pharmaceutical prescriptions are compounded and dispensed for the public by a pharmacist licensed pursuant to the Health Disciplines Act, R.S.O. 1990, Chapter H.4, as amended from time to time, or any successor thereto, and where medicine, medical supplies and associated merchandise is stored, displayed and offered for retail sale to the public; (10) "Medical Office Facilitv" shall mean a building or part of a building in which professional medical se/vices other than veterinary services are performed, and may ~nclude, (i) a medical dispensary, (ii) facilities for medical, surgical, physiotherapeutic or other human treatment, (iii) medical testing and diagnostic facilities, 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; (11) "Office-Associated Commercial Establishment" shall mean an establishment providing retail goods or equipment required for the daily operation of a business office or professional office, such as a stationery store, a computer store, or an office furniture store; (12) "Optical Store" shall mean a building or part of a building in which optical instruments such as eyeglasses, contact lenses, or magnifying glasses are prepared, dispensed, displayed andoffered for retail sale; (13) "Parkine Space" shall mean a usable and accessible area of not less than 2.6 metres in widt]~ find not less than 5.3 metres in length for the temporary parking of vehicles, but shall not include any portion of the parking aisle or driveway; (14) "Personal Service S.hop" 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; (15) "Professional Qffice" shall mean a building or part of a building in which medical, legal or other pro.fessional service is performed or consultation given, and which may. include a chnic, the offices of an architect, a chartered accountant, an 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; and (16) "Yarff' 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 ("MU" Zone) No person shall within the lands designated "MU" on Schedule I attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: -3- (a) Business Office (b) Drug Store (c) Dry Cleaning Establishment - Type B (d) Duplicating Shop (e) Financial Institution (f) Medical Office Facility (g) Office-Associated Commercial Establishment (h) Optical Store (i) Personal Service Shop (j) Professional Office (2) Zone Requirements ("MU" Zone) No person shall within the lands designated "MU" on Schedule I attached hereto use any lot or erect, alter or use any building except in accordance with the following provisions: (a) BUILDING HEIGHT (maximum): 16.5 metres (b) BUILD1NGENVELOPE (maximum): No building or part of a building shall be erected except within the limits of the maximum building envelope illustrated on Schedule II attached hereto. (c) OUTDOOR STORAGE: no outdoor storage shall be permitted in any yard. (d) PARKING REQUIREMENTS: A. For the purpose of this clause, the required parking for a specified use or group of uses shall be calculated based on the aggregate of the gross leasable floor areas of that use or group ,,of uses established in all buildings within the lands designated "MU' on Schedule I attached hereto. B. For all uses except medical office facilities, there shall be provided and maintained on the lands a minimum of 4.3 parking spaces per 100 square metres gross leasable floor area or part thereof for the first 500 square metres gross leasable floor area, plus 4.1 parking spaces per 100 square metres gross leasable floor area or part thereof for the next 500 square metres gross leasable floor area, plus 2.5 parking spaces per 100 square metres gross leasable floor area or part thereof for the remaining gross leasable floor area. C. For medical office facilities, there shall be provided and maintained on the lands a minimum of 5.4 parking spaces per 100 square metres gross leasable floor area or part thereof. D. All parking areas shall be surfaced with brick, asphalt or concrete, or any combination thereof. E. Sections 5.21.2(b) and 5.21.2(g) of By-law 3036, as amended, shall not apply. (e) SPECIAL REGULATIONS: A. No more than two buildings shall be permitted on the lands. B. The aggregate of the gross leasable floor areas of all buildings on the lands shall not exceed 2,895 square metres. -4- C. The aggregate of the gross leasable floor areas of all buildings in the area cross-hatched on Schedule II attached hereto shall not exceed 1,590 square metres. D. In the area cross-hatched on Schedule II attached hereto, no more than 25% of the gross leasable floor area of a building may be used for the following: drug stores, dry cleaning establishments - type B, duplicating shops, office-associated commercial establishments, optical stores and personal service shops. E. In the area not cross-hatched on Schedule II attached hereto, no more than 25% of the gross leasable floor area of a building may be used for personal service shops. F. In the area not cross-hatched on Schedule I1 attached hereto, the following uses shall not be permitted: drug stores, dry cleaning establishments - type B, duplicating shops, office-associated commercial establishments and optical stores. (3) Holding Provisions C(H)" Symbol) Prior to an amendment to remove the "(H)" - Holding symbol preceding the zone category "MU", the following condition must be met: (a) an agreement between the Town of Pickering and the owner of the lands to which the "(H)" - Holding symbol applies, to provide for the development thereof in accordance with the provisions of this by-law, shall be entered into and registered on title to the lands, pursuant to the provisions of section 41 of the Planning Act, R.S.O. 1990, Chapter P. 13. 6. BY-LAW 3036 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 referred to in section 2 hereof. 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. 7. EFFE(~FEIVE DATE This By-law shall take effect from the day of passing hereof, subject to the approval of the Ontario Municipal Board, if required. READ AFIRSTAND SECOND TIMETHIS 2nd DAY OF November , 1992. 2nd November READ A THIRD TIME AND PASSED THIS DAY OF ,1992. MAYOR WAYNE E. ARTHURS ToWN OF ~ CLERIE /P~Cr~N~ BRUCE J. TAYLOR APPROVED PART OF LOT 29 RANGE 3 PART OF LOT 29 ~°~' (~)~u PARTS 2-5 40R-5809 SCHEDULE I TO BY-LAW 4114/92 PASSED THIS 2nd DAY OF November 1992 PART OF LOT 29 RANGE 5 PARTS 2-5 40R 5809 ', SCHEDULE II TO BY-LAW~4114/92 PASSED THIS 2nd DAY OF November 1992 C ~ STROUO$ AVENUE AVENUE