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HomeMy WebLinkAboutBy-law 6112/03THE CORPORATION OF THE CITY OF PICKERING BY-LAW NUMBER 6!!2/0'~ 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 Lots 23 and 24, Concession 1, in the City of Pickering. (A 15/02) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit certain restricted light industrial uses, certain special purpose commercial uses and certain retail uses, in Part of Lots 23 and 24, Concession 1, 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: S'CHEDULES I, II, and III Schedules I, II, and Ill attached to this By-law with notations and references shown thereon are hereby declared to be part of this By-law. AREA RESTRICTED Tl~e provisions of this By-law shall apply to those lands in Part of Lots 23 and 24 Concession 1, in the City of Pickering, designated "SPCI-I" 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. DEFINITIONS In this By-law, (1) "Adult Entedainment 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 designed to appeal to erotic or sexual appetites or inclinations; (2:) "Body Shop" shall mean an establishment in which motor vehicle bodies are repaired and / or painted; (3,) "Build-to-Zone" shall mean an area of land within which all or part of a building or buildings are to be located; (4) "Business Office" shall mean a building or part of a building in which the management or direction of 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; -2- (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, or games arcade, as defined herein; (6) "Financial Institution" shall mean a building or part of a building in which money is deposited, kept, lent or exchanged; (7') "Floor Area" shall mean the aggregate of the floor areas of all storeys above grade, but shall exclude the floor area of any parts of the elevators, and any part of the building below established grade other than that used for retail commercial or office purposes; (8) "Food Preparation Plant" shall mean a building or part of a building in which process food products are cooked, baked, mixed, packaged or otherwise prepared for distribution to retail or institutional outlets; (9) "Frozen Food Shop" shall mean a building or part of a building which is used primarily for the purpose of the distribution, preparation or sale of prepared or processed foods; (10) "Furniture and Major Appliance Sales" shall mean an establishment in which furniture, major appliances or both of them are stored, offered and kept for wholesale or retail sale; (11) "Games Arcade" shall mean any building, room, or area in which facilities are offered for the play of (a) three or more games of chance, (b) three or more games of mixed chance and skill, (c) a combination of three or more games of chance and games of mixed chance and skill, for the amusement of the public, which games are not contrary to the Criminal Code of Canada, but shall not include a place of amusement or entertainment, as defined herein; (12) "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; (13) "Home Improvement Centre" shall mean a building or part of a building used for the display, wholesale and retail sale of building materials, hardware or accessories, including lumber; (14) "Jewellery Store" shall mean a building or part of a building which is used for the purpose of the distribution, manufacturing, repair, or sale of jewellery such as rings, necklaces, watches and gems; (15) "Light Machinery and Equipment Supplier" shall mean a building or a part of a building in which office furniture and machines, carpet and drapery cleaning equipment, painting, gardening and plumbing equipment, small hand power tools and similar products are stored, offered or kept for wholesale or retail sale to industrial or commercial establishments; (16) "Light Manufacturinq Plant" shall mean a manufacturing plant used for: (a) the production of apparel and finished textile products other than the production of synthetic fibres; (b) printing or duplicating; (17) (18) (19) (2O) (21) (2:2) (23) 3 (c) the manufacture of finished paper other than the processing of wood pulp; (d) the production of cosmetics, drugs and other pharmaceutical supplies; or (e) the manufacture of finished lumber products, light metal products, electronic products, plastic ware, porcelain, earthenware, glassware or similar articles, including but not necessarily restricted to, fumiture, housewares, toys, musicals instruments, jewellery, watches, precision instruments, radios and electronic components; (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; "Off-Track Bettinq Teletheatre" shall mean a building or part of a building in which a facility, licensed under the Ontario Racing Commission Act, or any successor thereto, which operates wagering and provides live audio visual signals of direct, simulcast horse racing, and which provides food and beverages as an accessory use, but shall not include a Place of Amusement or Entertainment, as defined herein, or Games Arcade, as defined herein, or a room or an area used for any video lottery terminal use as governed by the Alcohol and Gaming Regulation and Public Protection Act, or any successor thereto; "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 a dressmaking shop or a photographic studio, but shall not include a body-rub parlour as defined in the Municipal Act, as amended, 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 theatre, but shall not include a games arcade, as defined herein, or an adult entertainment parlour, as defined herein; "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, or games arcade as defined herein; "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, as amended, or any successor thereto; "Restaurant - Type B" shall mean a building or part of a building where food is prepared or offered or kept for retail sale to the public for immediate consumption in the building or buildings on the premises only, but shall not include an adult entertainment parlour, as defined herein; (2:4) (2.5) (2'.6) (2:7) -4- "Vehicle Repair Shop" shall mean an establishment containing facilities for of vehicle fuels; the repair and maintenance of vehicles on the premises, in which vehicle accessories are sold and vehicle maintenance and repair operations are performed in return for remuneration, but shall not include a body shop or any establishment engaged in the retail sale "Vehicle Sales or Rental Establishment" shall mean an establishment in which its main use is the sale, service, rent or lease of vehicles, and which may include an accessory vehicle repair shop, but shall not include any establishment engaged in the retail sale of vehicle fuels; "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; (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 lies, 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) "Flanka.qe Side Yard" shall mean a dies 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 dies yard other than a flankage side yard; PROVISIONS (1) Uses Permitted ("SPCI-I" Zone) No person shall, within the lands zoned "SPCI-I" 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: (2:) 5 (a) Body shop (b) Business office (c) Commercial-recreational establishment (d) Financial institution (e) Food preparation plant (f) Frozen food shop (g) Furniture and major appliance sales (h) Home improvement centre (i) Industrial or commercial equipment suppliers (j) Jewellery store (k) Light manufacturing plant (I) Off-track betting teletheatre (m) Personal service shop (n) Place of assembly (o) Professional office (p) Restaurant-type B (q) Vehicle repair shop (r) Vehicle sales or rental establishment (s) Warehouse Zone Requirements ("SPCI-I" Zone) No person shall within the lands designated "SPCI-I" 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) LOTAREA (minimum): 0.5 hectares (ii) LOT FRONTAGE (minimum): 30.0 metres (iii) YARD REQUIREMENTS (minimum): as illustrated on Schedule II to this By-law (iv) BUILDING HEIGHT (maximum): 12.0 metres (v) OPEN STORAGE: no open storage shall be permitted in any yard. (vi) LOT COVERAGE (maximum): 33 percent (b) PARKING REQUIREMENTS (i) 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; (ii) A minimum of 162 parking spaces shall be provided and maintained on the lot. (iii) A minimum of 3 parking spaces shall be provided for the outdoor storage of rental vehicles; (c) SPECIAL REGULATIONS (i) The location of points of street access to lands designated "SPCI-I" on Schedule I to this By-law, shall be restricted to that area designated "access" on Schedule I to this By-law; -6- (ii) The aggregate of the gross floor area of all buildings on the lot shall not 3500 square metres; (iii) The aggregate of the gross floor area of all restaurants-type B on the lot shall not exceed 700 square metres; (iv) The aggregate of the gross floor areas of all business offices and professional offices on the lot shall not exceed 2,000 square metres; (v) The aggregate of the gross floor areas of all off-track betting tele-theatres on the lot shall not exceed 250 square metres; (vi) Business offices and professional offices shall be permitted only on the land diagonally-hatched on Schedule III to this By-law; (vii) The aggregate of the gross floor areas of all body shops and vehicle repair shops on the lot shall not exceed 1,050 square metres; (viii) Body shops and vehicle repair shops shall be permitted only on the lands cross-hatched on Schedule III to this By-law; (ix) The aggregate of the gross floor areas of all jewellery stores and frozen food shops on the lot shall not exceed 186 square metres; (x) Notwithstanding the front yard depth requirements of Section 2(a)(iii) of this By-law, an outdoor patio may encroach into the required front yard to a maximum of 9.0 metres; 6. BY-LAW 3036 (1) 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. (2:) Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036, as amended. (3) By-laws 1787/84, 2970/88, and 3695/91 are hereby revoked in their entirety. 7. EIFFECTIVE 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 day of M a r' c h ,2003. 1 7th Wayn~ ~.~Uce Taylor, Clerk 'SPCI-1 LOT 24 SCHEDULE Z TO BY-LAW 6112/03 PASSED THIS 1 7th DAY O F M a r' c. h 2003 MAYOR CLERK ,, LOT 24 SCHEDULE ri TO BY-LAW PASSED THIS 17th DAY OF March 2003 B Y-LA W 1727/83 O.9m~t REAR YAR[ 40R~6179 > ?~--- LOT 23 6!!2/03 MAYOR CLERK \ \ \ LOT 24 4-0R~-6179 \, > \ ~ LOT 23 SCHEDULE fit TO BY-LAW 6112103 PASSED THIS !7th DAY OF March 2003 MAYOR /~.:? ,'/.,,/ / CLERK .._.J ~ GLENANNA ,,, ,.- ~ ,__ __ ,,, ..~_- City of Pickering Planning & Development Department ? I DATE FEB. 12, 2003