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HomeMy WebLinkAboutBy-law 4377/94 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 4377/94 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham in Block 76, Plan 40M-1512, in the Town of Pickering. (A 7/93 ) WHEREAS the Council of the Corporation of the Town of Pickering passed By-law 1975/85 amending By-law 3036, as amended, to permit the establishment of a neighbourhood convenience commercial plaza on the subject lands, being Block 76, Plan 40M-1512, in thc Town of Picketing; AND WHEREAS the Council of the Corporation of the Town of Picketing deems it desirable to permit the development of seven townhouse units on the subject property and a neighbourhood convenience commercial plaza; AND WHEREAS an amendment to By-law 3036 is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: Schedule I attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. 2. Till ED The provisions of this By-law shall apply to those lands in Block 76, Plan 40M-1512, Picketing, designated "C4-4" and "SA-5" 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. In this By-law, (1) ~ shall mean a building or part ora 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 or television broadcasting station and related studios or theatres, but shall not include a retail store; (2) "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 of noise or vibration that causes a nuisance to neighbouring premises, and which may include the laundering, pressing or incidental tailoring or repair of articles, goods or fabric; (3) (a) ~ shall mean a building or part of a building containing one or more dwelling units, but does not include a mobile home or trailer; (b) ~ 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; (c) "Dwelling. Single Attached or Single Attached Dwelling" shall mean one of a group of not less than three adjacent dwellings, attached together horizontally by an above grade common wall; (4) (a) "Floor Area - Residential" shall mean the area of the floor surface contained within the outside walls of a storey or part of a storey; (b) "Gross Floor Area ~ Residential" shall mean the aggregate of the floor areas of all storeys of a building or structure, or part thereof as the case may be, other than a private garage, an attic or a cellar; (c) "Gross Leasable Floor Area - Commercial" shall mean the aggregate of the floor areas of all the storeys of a building or structure, or part thereof as the case may be, other than rooms jointly used by tenants of the building such as garbage storage areas, mechanical and electrical rooms; (5) lL[,at, llldro, llt~ shall mean a self-serve clothes washing establishment containing washing, drying, ironing, finishing or other incidental equipment; (6) (a) ~ shall mean an area of land fronting on a street which is used or intended to be used as the site ora 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) l,.(gImalag~ shall mean the width ora lot between the side lot lines measured along a parallel to and 7.5 metres distant from the front lot line; (7) "' "shall mean a retail store in which food, drags, periodicals or similar items of day-to-day household necessity are kept for retail sale, primarily to residents of, or persons employed in the immediate neighbourhood; (8) "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-mb parlour as defined in the Municipal Act, R.S.O. 1990, Chapter M.45, as amended from time-to-time, or any successor thereto; (9) "P_ILvJKc_Calag~ 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; (10) "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: (11) (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) ~ shall mean the shortest horizontal dimension of a t~ont yard of a lot between the front lot and the nearest wall of the nearest main building or structure on the lot; (d) "Bear Yard" shall mean a yard extending across the full width ora 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) 2~ shall mean the shortest horizontal dimension of a rear yard ora 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) ~ shall mean a yard ora 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) ~ 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; O) "Interior Side Yard" shall mean a side yard other than a flankage side yard. 5. pROVISIONS (1) (a) Uses Permitted ("C4-4" Zone) No person shall within the lands designated "C4-4" on Schedule I attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (i) business office (ii) dry-cleaning depot establishment - Type B (iii)laundromat (iv) neighbourhood store (v) personal service shop (vi) professional office (b) Z R ' ("C4-4" Zone) No person shall within the lands designated "C4-4" on Schedule I attached hereto use any lot or erect, alter or use any building except in accordance with the following provisions: (i) BUILDING RESTRICTIONS: A No building, part ora building, or structure shall be erected anless it is located wholly within the building envelope illustrated on Schedule I attached hereto; (ii) BUILDING HEIGHT (maximum): 9.0 metres (iii)PARKING REQUIREMENTS: A 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 ora vehicle, but shall not include any portion ora parking aisle or driveway; B There shall be provided and maintained on the subject lands a minimum 4.5 parking spaces for each 93 square metres or part thereof gross leasable floor area; C Clause 5.21.2b) of By-law 3036, as amended, shall not apply to the lands designated "C4-4" on Schedule 'T' attached hereto: D Notwithstanding Section 5.21.2d) of By-law 3036, as amended, all parking areas shall be set back a minimum of 2.0 metres from all lot lines; E Notwithstanding Section 5.21.2g) and 5.21.2k) of By-law 3036, as amended, all parking areas shall be paved; (iv) SPECIAL REGULATION: A The aggregate of the gross leasable floor ama of all buildings on the lands designated "C4-4" shall not exceed 300 square metres; (2) (a) Uses Permitted ("SA-5" Zone) No person shall within the lands designated "SA-5" on Schedule I attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (i) single attached dwelling residential use (b) Zone Requirements("SA-5" Zone) No person shall within the lands designated "SA-5" on Schedule I attached hereto use any lot or erect, alter or use any building except in accordance with the following provisions: (i) LOT AREA (minimum): 270 square metres (ii) LOT FRONTAGE (minimum): 6.0 metres (iii)FRONT YARD DEPTH (minimum): 6.0 metres (iv) FRONT YARD DEPTH (maximum): 9.0 metros (v) INTERIOR SIDE YARD WIDTH (minimum): 1.8 metros except that A where dwellings on abutting lots share a common wall, no interior side yard shall be required adjacent to that wall on either lot; B where dwellings on abutting lots share a common wall and one of those dwellings has an extension, if that common wall extends along the common interior side lot line, no interior side yard shall be required adjacent to the extension of that wall on the lot upon which that dwelling is located; C where dwellings on abutting lots share a common wall and one of those dwellings has an extension of that common wall ~.hat does not extend along the common interior side lot line, the following shall apply: (I) minimum 1.2-metre interior side yard shall be provided adjacent to the extension of that wall on the lot upon which that dwelling is located if an abutting side yard is not provided on the other lot or: (II) minimum of 0.6 of a metre interior side yard shall be provided adjacent to the extension of that wall on the lot upon which that dwelling is located if an abutting interior side yard is provided on the other lot; (vi) REAR YARD DEPTH (minimum): 7.5 metres (vii) BUILDING HEIGHT (maximum): 9.0 metres (viii) PARKING REQUIREMENTS: minimum one private garage per lot attached to the main building, any vehicular entrance shall be located not less than 6.0 metres from the front lot line and not less than 6.0 metres from any side lot line immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; (ii) SPECIAL REGULATIONS: (A) No more than 7 dwelling units shall be permitted wilhin the area designated "SA-5" on Schedule I attached hereto; (B)Maximum I dwelling unit per lot, and minimum gross floor area - residential of 100 square metres; (C) The maximum projection of the vehicular entrance to any garage from the main front wall of the dwelling to which it is attached shall bc 2.0 metres. 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. 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 17th DAY OF January ,1994. READ A THIRD TIME AND PASSED THIS 17th DAY OF January ,1994. AY-OR/ WAYNE ARTHURS CLERK BRUCE J. TAYLOR TOWN OF PICKERING P..PPflOVED AS 1'0 FORM LEGAL DEPT. , SA-5 BIk 80 ~ C 9¢0?" BIk 8~ Lot Lot 3: Lot lot 30 Lot 29 Lot 28 I I BUILDING ENVELOPE N SCHEDULE T TO BY-LAW 4377/94 PASSED THIS mh DAY OF Ja. uar), 1994 OLERK Town of Picketing Plannin9 Department PROPERTY DESCRIPTION BLOCK 16, PLAN 40M-1512 OWNE~ FONKE HOLDINGS CORPORATION OATE MAR. 10/g3 ORA~ ~Y KP N APPLICATION No. AT/g3 BCALE 1:7500 CHECKED BY IDB FOR DEPARTMENT ~SE ONLY PC-a