HomeMy WebLinkAboutBy-law 1137/80THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUP1BER 1137,80
Being a Restricted Area 8y-law to amend Restricted
Area By-law 3�36, as amended, to implement the
Official Plan of the Town of Pickerinq District
Planning Area, Region of Durham, in Part Lots 20,
21 and 22, Concession 1, in the Town of Pickering.
WNEREAS the Council of the Corporation of the Town of Pickering
deems it desirable to permit the development of residential
semi-detached dwellings, residential triplex dwellings, resi-
dential double-triplex dwellings, commercial-residential buildings,
commercial office buildings, light industrial buildings, and
an open space esplanade to occur on the subject lands;
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:
1. SCHEDULE "I"
Schedule "I" hereto with notations and references shown
thereon is hereby declared to part of this by-law.
2. AREA RESTRICTED
The provisions of this 6y-law shall apply to those lands
in Lots 20, 21 and 22, Concession 1, Pickering, designated
"R-SD", "R-T-DT", "C-R", "C-0", "M1-2" and "01-1" on
Schedule "I" attached hereto.
3. GENERAL PROVISIONS
No building, land or part thereof shall hereafter be used,
occupied, moved or structurally altered except in
conformity with the provisions of this By-law.
4. DEFINITIONS
a) "Business Office" shall mean a building or part of a
buiiding in which one or more persons are employed
in the management, direction or conducting of a
business, a public or private agency, a brokerage,
or a labour or fraternal organization and may include
a bank, 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.
b) "Commercial Club" shall mean an athletic, recreational
or socia c u operated for gain or profit and having
a public or private membership.
c) "Commercial School" shall mean a school which is
operated for gain or profit and may include the studio
of a dancing ±eacher or music teacher, or an art
school.
continued...
Paoe 2
d) "D� Nurser�" shall mean lands and premises duly
licenced pursuant to the provisions of The Day
Nurseries Act, or any successor thereto, and
usedas a facility for the daytime care of children.
e) "Dry Cleaning Depot" shall mean a building or part
of a buildin9 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.
f) "Dry Cleaning Establishment" shall mean a building
or part of a building used for dry cleaning and
related processes but does not include a laundromat.
g) i) "Dwelling" shall mean a building or part of a
building containing one or more dwelling units.
ii) "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.
iii) "Apartment Dwelling" shall mean a dwelling
containing four or more dwelling units and uses
accessory thereto, which units Viave access from
an internal corridor system connected with a
common entrance from the outside.
iv) "Sinqle Dwelling" shall mean a dwelling containing
one dwelling unit and uses accessory thereto.
v) "Semi-Detached Dwelling" shall mean one of a pair
of single dwellings, such dwellings being attached
together horizontally by an above grade common
wall.
vi) "Triplex Dwellinc�" shall mean a dwelling containing
three dwelling units and uses accessory thereto,
such units beingattached together vertically only.
vii) "Double-Triplex Dwelling" shall mean one of a pair
of triplex dwellings, such dwellings being attached
together horizontally by an above grade common
wall.
h) "Esplanade" shall mean an area of land consisting
primarily of landscaped open space but which also
may include public recreational uses and public
entertainment uses as well as kiosks and newstands.
�) i) "Floor Area" shall mean the
surface contained within the
storey or part of a storey.
area of the floor
outside walls of a
ii) "Gross Floor Area" shall mean the aggregate of
the floor areas o all the storeys of a building
or structure, or a part thereof, as the case may
be, other than a pr9vate garage, an attic or a
cellar.
continued...
Page 3
iii) "Dwellin9 Unit Area" shall mean the aggregate
of the floor areas of all habitable rooms of a
dweiling unit.
j) "Food Preparation Plant" shall mean a building or
part of a building in which processed food products
are cooked, baked, mixed, packaged or otherwise
prepared for distribution to retail or institutional
outlets.
k) "Laundromat" shall mean a self-serve clothes washing
establishment containing one or more washers and
drying, ironing, finishing or other incidental
equipment.
1) "Lot" shall mean an area of land fronting on a
street which is used or intended to be used as
a) the site of a building, or a
as the case may be, together
buildings or structures,
group of buildings,
with any accessory
b) a parking lot, or
c) a public park including an esplanade
regardless of whether or not such lot constitutes
the whole of a lot or block on a registered plan
of subdivision.
m) "Lot Coveraqe" shall mean the percentage of lot
area covered by all buildings on the lot.
n) "Lot Frontaqe" 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.
o) i) "Manufacturing Plant" shall mean a building or
part of a building in which is carried on any
activity or operation pertaining to the making
of any article, and which shall include altering,
assembling, repairing, ornamenting, finishing,
cleaning,polishing, washing, packing, adapting
for sale, breaking up or demolishing the said
article.
ii) "Liqht Manufacturinq Plant" shall mean a
manufacturing plant used for:
a) the production
products other
fibres;
of apparel and finished textile
than the production of synthetic
b) printing or duplicating;
c) the manufacture
products other
pulp;
of finished paper and applied
than the processing of wood
d) the production of cosmetics, druas and other
pharmaceutical supplies; or
e) the manufacture of finished lumber products,
light metal products, electronic products,
plasticware, porcelain, earthenware, glassware
or similar articles, including but not
necessarily restricted to, furniture, housewares,
toys, musical instruments, radios and electronic
components.
continued...
Page 4
p) "Merchandise Service Shop" shall mean an establishment
where articles or goods including, but not necessarily
limited to, business machines, appliances, furniture
or similar items, are repaired or serviced, and may
include the regular place of business of a master
electrician or master plumber, but shall not include
a manufacturing plant, any establishment used for
the service or repair of motorized vehicles, or a
retail store.
q) "Personal Service Shop" shall mean an establishment
where a personal service is performed and may
include a barber shop, a beauty salon> a shoe repair
shop, a tailor or dressmaking shop or a photographic
studio, but does not include a bodyrub parlour as
defined in The Municipal Act, R.S.O. 1970, Chapter
284, or any successor thereto.
r) "Place of Entertainment" shall mean a building or part
of a building in which facilities are provided for
entertainment purposes and may include a theatre, a
music hall, a dance hall, a billiard or pool room,
a bowling alley or an ice or roller skatin9 rink,
but does not include an adult entertainment parlour.
s) "Private Garaqe" shall mean an enclosed or partially
enclosed structure for the storage of one or more
vehicles, in which structure no business or service
is conducted for profit or otherwise.
t) "Private Club" shall mean an athletic, recreational
or social club not operated for gain or profit anA
having a private membership.
u) "Professional Office" shall mean a buildinq or part
of a building in which medical, legal or other
professional service is performed or consultation
given and may include a clinic and the offices of an
architect, chartered accountant, engineer, lawyer or
physician but shall not include a bodyrub parlour as
defined in The Piunicipal Act, R.S.O. 1970, Chapter
284, or any successor thereto.
v) "Public Club" shall mean an athletic, recreational
or social club not operated for gain or profit and
having a public membership.
w) i) "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 off the premises.
ii) "Restaurant ��e_B" 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 only. "
x) "Retail Store" sha11 mean a building or part of a
building in which goods, wares, merchandise,
articles or things are stored, offered or kept for
retail sale to the public and may include a bake
shop or duplicating shop.
continued...
Page 5
y) "Rooftop Establishment" shall mean any establishment
specifically permitted herein to be located on the
roof of a building.
z) "Scientific, Research or P1edical Laboratory" shall
mean a building or part of a building wherein
scientific, research or medical experiments or
investigations are systematically conducted, and
where drugs, chemicals, glassware or other substances
or articles pertinent to such experiments or
investigations may be manufactured or otherwise
prepared for use on the premises.
aa) "Warehouse" shall mean a building or part of a
building which is used primarily for the housing,
storage, adapting for sale, packaging or wholesale
distribution of goods, wares, merchandise, food-
stuffs, substances, articles or things, and may
include the premises of a warehouseman but shall
not include a fuel storage tank except as an
accessory use.
bb) i) "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.
ii) "Front Yard" shall mean a yard extending across
the full width of a lot between the fro�t lot
line of the lot and ihe nearest wall of the
nearest main building or structure on the lot.
iii) "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.
iv) "Rear Yard" shall mean a yard extending across
the full width of a lot between the rear 1ot 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.
v) "Rear Yard Depth" shall mean the shortest
horizontal dimension of a rear yard of a lot
between the rear lot line 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.
vi) "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.
vii) "Side Yard W9dth" 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.
continued...
Page 6
viii) "Flankaqe Side Yard" shall mean a side yard
immediately adjoining a street or abutting a
reserve on the opposite side of which is located
a street.
ix) "Interior Side Yard" shall mean a side yard other
than a flankage side yard.
5. PROVISIONS
5.A.1. Uses Permitted ("R-SD" Zone)
No person shall within the lands designated
"R-SD" on Schedule "I" hereto, use any lot or
erect, alter or use any building or structure
for any purpose except the following:
a) semi-detached dwelling residential uses
5.A.2 Zone Requirements ("R-SD" Zone)
No person shall within the lands designated
"R-SD" on Schedule "I" hereto, use any lot or
erect, alter or use any building or structure
except in accordance with the following provisions:
a) LOT AREA (minimum):
b) LOT FRONTAGE (minimum}
c} FRONT YARD DEPTH (minimum)
200 square metres
7 metres
3 metres
d) INTERIOR SIDE YARD WIDTH
(minimum): 1 metre, except that
no interior side
yard shall be required on the side where dwellings
are attached together so long as every wall on
such side which is not part of the common wall
extending along the side lot line separating
such lots, or is not a direct extension thereof,
sha11 be set back from the side lot line
separating such lots 1 metre measured
perpendicularly to such side lot line if no
abutting side yard is provided on the abutti�g
lot, or 0.5 metres measured perpendicularly to
such side lot line if an abutting side yard is
provided on the abutting lot
e) FLANKA6E SIDE YARD (minimum)
f) REAR YARD DEPTH (minimum):
g) DWELLING UNIT AREA (minimum)
h) LOT COVERAGE (maximum):
i) BUILDING HEIGHT (maximum):
j) DWELLING UNITS PER LOT:
2.7 metres
7.5 metres
100 square metres
45 percent
12 metres
1 only
k) PARKING REQUIREMENTS PER LOT: minimum 1 private
garage per dwelling
unit attached to the main building and located
not less than 6 metres from the front lot line
continued...
5.6.1
5.6.2
Page 7
Uses Permitted ("R-T-DT" Zone)
No person shall within the lands designated
"R-T-DT" on Schedule "I" hereto, use any lot
or erect, alter or use any building or structure
for any purpose except the following:
a) triplex dwelling residential uses
b) double triplex dwelling residential uses
Zone_Requirements ("R-T-DT" Zone)
No person shall within the lands designated
"R-T-DT" on Schedule "I" hereto, use any lot
or erect, alter or use any building or structure
except in accordance with the following provisions:
a) LOT AREA (minimum):
b) LOT FRONTAGE (minimum)
c) FRONT YARD DEPTH (minimum)
400 square metres
10 metres
3 metres
d) INTERIOR SIDE YARD WIDTH (minima):
i) for triplex dwellings on one side 1.8
metres; on the other side no interior
side yard is required providing:
a) every wall on such side which is not on
the side lot line shall be set back a
minimum of 1.8 metres therefrom, and
b) every wall on such side which is closer
than 1.8 metres to the side lot line
shall not contain windows from habitable
rooms or doors
ii) for double-triplex dwellings: on one side 1.8
metres; on the other side no interior side
yard is required so long as every wall on
such side which is not part of the common
wall extending along the side lot line
separating such lots, or is not a direct
extension thereof, shall be set back from
the side lot line separating such lots a
minimum of 1.8 metres measured perpendicularly
to such side lot line if no abutting side
yard is provided on the abutting lot, or 0.9
metres measured perpendicularly to such
side lot line if an abutting side yard is
provided on the abutting lot
continued...
•.� :
e) FLANKAGE SIDE YARD WIDTH
(minimum): 2.7 metres
f) REAR YARD DEPTH (minimum): 7.5 metres
g) DWELLING UNIT AREA (minimum): 100 square metres
h) LOT COVERAGE (maximum): 45 percent
i) BUILDING HEIGHT (maximum): l2 metres
j) DWELLING UNITS PER LOT: 3 only
k) DENSITY REQUIREMENTS:
i) minimum: 51 dwelling units per hectare of
lands designated "R-T-DT"
ii) maximum: 75 dwelling units per hectare of
lands designated "R-T-DT"
1) PARKING REQUIREMENTS PER LOT:
i) minimum 4 parking spaces
ii) no parking spaces shall be located within
1.5 metres of the rear lot line
iii) access and egress to any rear yard parking
spaces shall be provided from the street
by way of a driveway no less than 6 metres
in width if no abutting driveway is provided
on the abutting lot and no less than 3 metres
in width if an abutting driveway is provided
on the abutting lot
5.C.1. Uses Permitted ("C-R" Zone)
No person shall within the lands designated "C-R"
on Schedule "I" hereto, use any lot or erect,
alter or use any building or structure for any
purpose except the followin9:
a} apartment dwelling residential uses
b) commercial clubs
c) commercial schools
d) day nurseries
e) dry cleaning depots
f) laundromats
g) merchandise service shops
h) personal service shops
i) places of entertainment
j) private clubs
k) public clubs
lj restaurants, type A
m) restaurants, type B
n) retail stores
continued...
Paqe 9
5.C.2 Zone Requirements ("C-R") Zone
a) For the purpose of this subsection:
i) the lot line abutting a street on the opposite
side of which is located an 01-1 zone shall be
deemed to be the front lot line
ii) the lot line abutting the R-SD zone shall be
deemed to be the rear lot line, and
iii) all other lot lines shall be deemed to be side
1ot lines
b) No person 5ha11 within the 7ands designated
"C-R" on Schedule "I" hereto, use any lot or
erect, alter or use any building or structure
except in accordance with the following
provisions;
i) LOT AREA (minimum): 0.2 hectares
ii) LOT FRONTA6E (minimum)
iii) FRONT YARD DEPTN (minimum}:
a) first floor:
b) all floors above the first
floor:
iv) INTERIOR SIDE YARD WIDTH
(minimum):
�) FLANKAGE SIDE YARD WIDTH
(minimum):
��) REAR YARD DEPTH (minimum)
45 metres
2.5 metres
no minimum
no minimum
no minimum
7.5 metres
�>>) DWELLING UNIT AREA (minimum): 50 square metres
��>>) LOT COVERAGE (maximum): $0 percent
�X) BUILDING HEIGHT EXCLUDING
ROOFTOP ESTABLISHMENTS (maximum): 22 metres
x) DENSITY REQUIREMENTS:
a) minimum: 178 dwelling units per
hectare of lands designated "C-R"
b) maximum: 180 dwelling units per
hectare of lands designated "C-R"
x�) PARKING REQUIREMENTS
(minimum):
a) Residential:
b) Non-Residential:
xii) SPECIAL REQUIREMENTS:
1.25 parking spaces
per dwelling unit
no minimum
a) Residential uses shall be permitted on any
floor other than the first floor
b) Non-residential uses shall be permitted on
the first floor only, except as provided
for in (iii) below,
�) Notwithstanding (ii) above, day nurseries,
commercial clubs, private clubs, public
clubs and restaurants, type B shali be
permitted as rooftop establishments as
defined herein in accordance with the
following provisions:
continued...
5.D.1
5.D.2
Page 10
1) the aggregate of the gross floor areas
of all rooftop establishments shall not
exceed 25 percent of the total area of
the roof
2) no rooftop establishment shall be located
closer than 7.5 metres from the perimeter
of the roof
3) no rooftop establishment shall exceed
5 metres in heiaht
Uses Permitted ("C-0" Zone)
No person shall within the lands designated
"C-0" on Schedule "I" hereto, use any lot or
erect,alter or use any building or structure
for any purpose except the following:
a) business offices
b) professional offices
c) restaurants, type B
Zone Requirements ("C-0" Zone)
No person shall within the lands designated
"C-0" on Schedule "I" hereto, use any lot or
erect, alter or use any building or structure
except in accordance with the following
provisions:
a} LOT AREA (minimum):
b) LOT FRONTAGE (minimum):
c) FRONT YARD DEPTH (minimum)
d) INTERIOR SIDE YARD WIDTH
(minimum):
e) FLANKAGE SIDE YARD WIDTH
(minimum):
f) REAR YARD DEPTH (minimum):
g) LOT COVERAGE (maximum):
h) BUILDING HEIGHT (maximum):
i) PARKING REQUIREMENT (minimum)
0.4 hectares
45 metres
12 metres
7.5 metres
12 metres
7.5 metres
45 percent
43 metres
one parking space
per 32 square metres
gross floor area.
5.E.1. Uses Permitted ("M1-2" Zone)
No person shall within the lands designated
"M1-2" on Schedule "I" hereto, use any lot or
erect, alter or use any building or structure
for any purpose except the following:
a) dry cleaning establishments
b) food preparation plants
c) light manufacturing plants
d) scientific, research or medical laboratories
e) warehouses
continued...
Page 11
5.E.2. Zone Requirements ("M1-2"Zone)
No person shall witnin the lands designated
"t�11-2" on Schedule "I" hereto, use any lot
or erect, alter or use any building or structure
except in accordance with the following:
a) LOT AREA (minimum):
b) LOT FRONTAGE (minimum):
c) FRONT YARD DEPTH (minimum)
d) INTERIOR SIDE YARD WIDTH
(minimum):
e} FLANKAGE SIDE YARD WIDTH
(minimum):
f) REAR YARD DEP7H (minimum):
g) LOT COVERAGE (maximum):
h) BUILDING HEIGHT (maximum):
i) OPEN STORAGE:
0.3 hectares
45 metres
3 metres
4.5 metres
4.5 metres
7.5 metres
50 percent
12 metres
no open storage
shall be permitted
in any yard
5.F.1. Uses Permitted ("01-1" Zone)
No person shall within the lands designated
"Ol-1" on Schedule "I" hereto, use any lot or
erect, alter or use any building or structure
for any purpose except the followin9:
a) esplanade
5.F.2 Zone Requirements ("01-1" Zone)
No person shall within the lands designated "Ol-1"
on Schedule "I" hereto, use any lot or erect, alter
or use any building or structure except in accordance
with the following provisions:
(a) public uses shall be permitted anywhere within
the area designated "O1_1";
(b)
(c)
kiosks and newstands shall be permitted only
within 5 metres of a lot line;
the gross floor area of any individual kiosk
or newstand shall not exceed 14 square metres.
continued...
6. BY-LAW 3036
Page 12
By-law 3036, as amended, is hereby further amended only
to the extent necessary to 9ive 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.
7. ENFORCEMENT
Rny person who contravenes any of the provisions of this
By-law shall be liable upon conviction thereof to a fine
not exceeding $1,000.00 for each offence, exclusive of
costs, recoverable under The Provincial Offences Act, 1979.
S. 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.
READ A FIRST AND SECOND TIME THIS 2nd DAY OF June , 1980
READ A THIRD TIME AND PASSED THIS 2nd DAY �June ,A1�980
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