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HomeMy WebLinkAboutBy-law 5756/00THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 5756/00 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended by By-laws 2497/87, 2656/88, 2897/88 and 3677/91, as amended, to implement the Official Plan of the City of Picketing District Planning Area, Region of Durham, in Lots 3 to 5, and Part of Lot 19, Plan 350, in the City ofPickering. (A 6/00) WHEREAS the Council of the Corporation of the City of Picketing passed By-law 2497/87, amending By-law 3036, to permit the development of restricted light industrial uses on the subject lands, being Lots 3 to 5, and Part of Lot 19, Plan 350, in the City of Pickering; AND WHEREAS the Council of the Corporation of the City of Picketing passed By-laws2656/88, 2897/88 and 3677/91, further amending By-law 3036, as amended by By-law 2497/87, to permit various limited commercial uses and establish related performance standards on the subject lands, being Lots 3 to 5, and Part of Lot 19, Plan 350, in the City of Picketing; AND WHEREAS the Council of the Corporation of the City of Picketing deems it desirable to establish a mixed use zone on the subject lands by expanding the list of permitted uses and updating various performance standards and use definitions on the subject lands, being Lots 3 to 5, and Part of Lot 19, Plan 350, in the City; AND WHEREAS an amendment to By-law 3036, as amended by By-laws 2497/87, 2656/88, 2897/88 and 3677/91, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY 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 Lots 3 to 5, and Part of LOt 19, Plan 350, in the City of Pickering, designated "MU-12" on Schedule I attached hereto. 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) "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 design to appeal to erotic or sexual appetites or inclinations. (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) 2 "Bakery_" 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. "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. "Club" shall mean a building or part of a building in which a not-for-profit or non-commercial organization cartes out social, cultural, welfare, athletic or recreational programs for the benefit of the community, but shall not include an adult entertainment parlour as defined herein. "Commercial Club" shall mean an athletic or recreational club operated for gain or profit and having public or private membership. "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 an adult entertainment parlour as defined herein, or any uses permissible within a place of amusement or entertainment as defined herein. "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, or an art school, a golf school, or any other such school operated for gain or profit. "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. "Dry Cleaning Establishment - Non-Venting" shall mean a building or part of a building where a dry cleaning plant, with a dry weight scale capacity of 27 kilograms which does not vent gases or odours and is operated separately or in association with, dry-dyeing, cleaning, laundering, pressing or incidental tailoring or repair of articles or goods of fabric is carded on, in which only non-flammable fabrics are or can be used which do not omit noxious odours or fumes and in which no noise or vibration causes a nuisance to neighbouring premises. "Financial Institution" shall mean a building or part of a building in which money is deposited, kept, lent or exchanged. "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. "Home Improvement Centre" shall mean a building or part of a building used for the display and wholesale and retail sale of building materials, hardware or accessories, including cabinets, electrical fixtures, carpets, floor coverings, plumbing supplies, wall coverings, draperies, garden supplies and lumber. "Laundromat" shall mean a self-serve clothes washing establishment containing washing, drying, ironing, finishing or other incidental equipment. -3- (14) (a) (b) (c) (15) (16) (17) (18) (19) (2O) (21) (22) "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; "Lot Coverage" shall mean the percentage of lot area covered by all buildings on the lot; "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 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. "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 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. "Place of Assembly" shall mean a building or part of a building in which facilities are provided for civic, educational, recreational, political, religious or social meeting purposes, and may include facilities for entertainment purposes such as musical or theatrical performances, but shall not include a place of amusement or entertainment as defined herein. "Place of Religious Assembly" shall mean lands or premises where people assemble for worship, counseling, educational, contemplative or other purposes of a religious nature, which may include social, recreational and charitable activities, and offices for the administration thereof. "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 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. "Rental Establishment Type - A" shall mean a building or part of a building in which tools, appliances, office machines, furniture, or entertaining and catering supplies are offered or kept for offer for rent directly to the public, but shall not include the rental of motor vehicles or industrial equipment, and does not include a video store. "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, on both on and off the premises, but shall not include an adult entertainment parlour as defined herein. "Retail Store" shall mean a building or part of a building in which goods, wares, merchandise, foods, substances, articles or things are stored, kept and offered for retail sale to the public. -4- (23) (a) "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; (b) "Front Yard" shall mean a yard extending across the full width of a lot between the front lot line of the lot and the nearest wall of the nearest main building or structure On the lot; (c) "Front Yard Depth" shall mean the shortest horizontal dimension of a front yard of a lot between the front lot line and the nearest wall of the nearest main building or structure on the lot; (d) "Rear Yard" shall mean a yard extending across the full width of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (e) "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear yard of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (f) "Side Yard" shall mean a yard of a lot extending from the front yard to the rear yard, and from the side lot line to the nearest wall of the nearest main building or structure on the lot; (g) "Side Yard Width" shall mean the shortest horizontal dimension of a side yard of a lot between the side lot line and the nearest wall of the nearest main building or structure on the lot; (h) "Flankage Side Yard" shall mean a side yard immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; (i) "Flankage Side Yard Width" shall mean the shortest horizontal dimension of a flankage side yard of a lot between the lot line adjoining a street or abutting on a reserve on the opposite side of which is a street, and the nearest wall of the nearest main building or structure on the lot; (j) "Interior Side Yard" shall mean a side yard other than a flankage side yard. 5. PROVISIONS (1) Uses Permitted ("MU- 12" Zone) No person shall within the lands designated "MU-12" 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) club (d) commercial club (e) commercial-recreational establishment (f) commercial school (g) dry cleaning depot (h) dry cleaning establishment - non-venting (i) financial institution (j) home improvement centre (k) laundromat (1) personal service shop (2) (a) (b) (c) -5- (1) personal service shop (m)place of assembly (n) place of religious assembly (o) professional office (p) rental establishment type - A (q) restaurant type - A (r) retail store Zone Requirements ("MU-12" Zone) No person shall within the lands designated "MU-12" on Schedule I attached hereto, use any lot or erect, alter, or use any building except in accordance with the following provisions: BUILDING RESTRICTIONS: (i) FRONT YARD DEPTH (minimum): 14 metres (ii) INTERIOR SIDE YARD WIDTH (minimum): 3.5 metres (iii) FLANKAGE SIDE YARD WIDTH (minimum): 3.5 metres (iv) REAR YARD DEPTH (minimum): 7.5 metres (v) LOT COVERAGE (maximum): 45 percent (vi) BUILDING HEIGHT (maximum): 10 metres PARKING REQUIREMENTS: (i) There shall be provided and maintained on the lands designated "MU-12" a minimum of 4.5 parking spaces per 100 square metres of building gross leasable floor area; (ii) Sections 5.21.2 a) to 5.21.2 f), inclusive, of By-law 3036, as amended, shall not apply to the lands designated "MU-12" on Schedule I attached hereto; (iii) All parking areas shall be set back a minimum of 3.0 metres from all road allowances; (iv) Notwithstanding Sections 5.21.2 g) and 5.21.2 k) 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. SPECIAL REGULATIONS: (i) The aggregate of the gross leasable floor area of all Restaurants - Type A on the lot shall not exceed 1000 square metres. (ii) A For the purpose of this clause, the term "drive-through facility" shall mean a facility in which goods, products, or services are provided directly to the customers in vehicles; B No drive-through facility shall be permitted in association with any of the uses permitted on the lands designated "MU-12" on Schedule I attached hereto. (iii) No open storage shall be permitted in any yard on the lands designated "MU-12" on Schedule I attached hereto. -6- 6. BY-LAW 3036 (1) By-laws 2497/87, 2656/88, 2897/88 and 3677/91, only as they affect the subject lands designated "MU-12" on Schedule I attached hereto, are hereby repealed. (2) 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 relevant provisions of By-law 3036, 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 16 day of October ,2000. Br~ ;l'aylor, Clerk SCHEDULE T TO BY-LAW 5156/00 PASSED THIS 16th DAY OF October 2000 CLERK TWYN RIVERS DRIVI~ SHEPPARD AVENUE ' A~/~IIIIIIIII ~ ~ ~ ,= -,,,,,,,,,,,~ ~~~~~~/ / I / ~ ~~Z~ , I I I I I ~ II IIIII -- ,,,, Oi~ of Picketing Planning & Development Depa~ment I DATE OCT 6, 20~ I I