HomeMy WebLinkAboutBy-law 6111/03THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NUMBER 61!!/03
Being a By-law to amend Restricted Area (Zoning) By-law 3036, as
amended, to implement the Official Plan of the City of Pickering District
Planning Area, Region of Durham, in Part of Lot 26, Range 3 B.F.C.,
Lots 127, 128 and 129 Plan 1051, in the City of Pickering.
(A 06/02)
WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to
permit the development of a vehicle sales and service establishment, in Part of Lot 26,
Range 3 B.F.C., Lots 127, 128 and 129 Plan 1051, in the City 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 CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
SCHEDULE I
Schedule I attached to this By-law with notations and references shown thereon
are 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 26, Range
3 B.F.C., Lots 127, 128 and 129 Plan 1051, in the City of Pickering, designated
"SC-35" on Schedule I attached hereto.
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.
DEFINITIONS
In this By-law,
(1)
"Body Shop" shall mean an establishment in which motor vehicle bodies
are repaired and / or painted;
(2)
"Build-to-Zone" shall mean an area of land within which all or part of a
building or buildings are to be located;
(3) (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 Coveraqe" shall mean the percentage of lot area covered by all
buildings on the lot;
(4)
-2-
"Vehicle Repair Shop" shall mean an establishment containing facilities for
the repair and maintenance of vehicles on the premises, in which vehicle
accessories are sold and vehicle maintenance and repair operations are
performed, but shall not include a body shop, as defined herein, or any
establishment engaged in the retail sale of motor vehicle fuels;
(5)
"Vehicle Sales and Service" shall mean an establishment used for the
sale, service, rent or lease of vehicles and which may include as an
accessory use thereto a vehicle repair shop, but shall not include any
establishment engaged in the retail sale of motor vehicle fuels, or a body
shop as defined herein;
(6)
(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 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)
"Interior Side Yard" shall mean a side yard other than a flankage
side yard;
PROVISIONS
(1) Uses Permitted ("SC-35" Zone)
No person shall, within the lands zoned "SC-35" 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) vehicle sales and service
(2) Zone Requirements ("SC-35" Zone)
No person shall within the lands designated "SC-35" on Schedule I
attached hereto use any lot or erect, alter or use any building except in
accordance with the following provisions:
-3-
(2)
Zone Requirements ("8C-35" Zone)
No person shall within the lands designated "SC-35" on Schedule I
attached hereto use any lot or erect, alter or use any building except in
accordance with the following provisions:
(a) BUILDING RESTRICTIONS
(i) Building Location and Setbacks:
A
Buildings and structures shall be located entirely within the
building envelope illustrated on Schedule I attached to this
By-law;
B
A building or part of a building must be located within a
build-to-zone, as illustrated on Schedule I attached to this
By-law;
C
Despite clause B above, a building, part of a building, or
structure may be located outside the build-to-zone, provided
a building or part of a building is situated within both of the
build-to-zones identified on Schedule I attached to this
By-law.
(b) BUILDING HEIGHT:
a minimum 6.5 metres for the portion of a
building located within a build to zone, and;
a minimum 5.0 metres for the building or
portion of a building located outside of the
build to zone;
(c) OUTDOOR STORAGE
(i) No outdoor storage or display is permitted in any yard;
(ii)
Despite subclause 5(1)(c)(i) above, the display of automobiles in
association with a vehicle sales and service use shall be
permitted in any yard;
(d) PARKING REQUIREMENTS
(i)
For a vehicle sales or rental establishment use, there shall be
provided and maintained on the subject lands a minimum of 3.0
spaces per 100 square metres of gross leasable floor area.
(ii)No parking space, as required by subclause 5.(1)(d)(i) above,
may be used for the storage or display of automobiles;
Clauses 5.21.2a) to 5.21.2c) and 5.21.2e) inclusive, of By-law
3036, as amended, shall not apply to the lands zoned "SC-35"
on Schedule I attached hereto;
(iv)
Despite Clauses 5.21.2g) and 5.21.2k) of By-law 3036, as
amended, all entrance and exits to parking areas and all parking
areas shall be surfaced with brick, asphalt, or concrete, or any
combination thereof;
4
(3)
Uses Permitted "(H)" Holding Zone
(i)
Despite the provisions of Clause 5.(1)(a), while the "(H)" holding
symbol is in place, no person shall, within the lands zoned
"(H)SC-35" on Schedule I attached hereto, use any lot or erect,
alter or use any buildings or structure for any purpose except the
following uses, assembly hall, bakery, business office,
commercial club, commercial recreational establishment,
commercial school, day nursery, dry cleaning depot, financial
institution, food store, laundromat, place of amusement or
entertainment, personal service shop, private club, professional
office, public club, restaurant-type A, and retail store, as defined
by By-law 2498/87, in the existing building located on Lot 127,
Plan 1051, as of the date of the passing of this By-law.
(4) Removal of "(H)" Holding Symbol
(i)
Prior to an amendment to remove the "(H)" - Holding Symbol
preceding the "SC-35" zone designation, the owner is required to
execute appropriate agreements with and to the satisfaction of
the City of Pickering (and\or the Region of Durham), and such
agreements have been registered on title to the lands, to provide
for the stormwater management requirements and the
development of buildings or structures in accordance with the
provisions of subsections 5.(1) and 5.(2) of this By-law.
6. BY-LAW 3036
(1)
By-law 3036 as amended by By-laws 2923/88 and 2498/87, only as they
each apply to the area zoned "SC-35" on Schedule I to this By-law, 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 this1 7 day of March
,2003.
~Bru~ Taylor, Clerl
\ ~ 3.0m
(H)SC-35
LOT 41,
PLAN
1051
3.0m
17,5m
BUILDING ENVELOPE
BUILD-TO-ZONE
SCHEDULE I TO BY-LAW 6111/03
PASSED THIS 17th
DAY OF March 2003
MAYOR
CLERIC'
' -- <i --' ~"'--' ~ ----~ <>
CRT ¢~~ , ~--~
~ .... ~ i i~ 0
KATES LN. __ -- - D
= ~Z ~ _:
City of Pickering Planning & Development Depa~ment
~A~ MA~. 4, 2003