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HomeMy WebLinkAboutBy-law 6254/04THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6254/04 Being a By-law to amend Restricted Area Zoning By-law 2511, to implement the Official Plan of the City of Pickering, Region of Durham, Part of Lot 18, Range 3, B.F.C., City of Pickering. (A 22/03) WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to permit additional industrial and commercial uses within the three existing buildings on the subject lands, being Part of Lot 18, Range 3, B.F.C., City of Pickering; AND WHEREAS an amendment to By-law 2511 is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULEI 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 Part of Lot 18, Range 3, B.F.C., City of Pickering, designated "MC-19" 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) "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; (2) "Business Office" shall mean any building or part of a building in which one or more persons are employed in the management, direction or conducting of an agency, business, brokerage, labour or fraternal organization and shall include a telegraph office, newspaper plant and a radio or television broadcasting station and its studios or theatres, but shall not include a retail store; (3) "Club" shall mean a building or part of a building in which a not-for-profit or non-commercial organization carries out social, cultural, welfare, athletic or recreational programs for the benefit of the community; (4) "Commercial Club" shall mean an athletic or recreational club operated for gain or profit and having public or private membership, but shall not include an adult entertainment parlour as defined herein; (5) "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 any uses permissible within a place of amusement or entertainment as defined herein; (6) (7) (8) (9) (10) (11) (12) (13) (14) -2- "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, an art school, a golf school or any other 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 such processes; "Dry Cleaning Establishment" shall mean a building or part of a building where articles, goods or fabric are subjected to dry cleaning and related processes, are received or distributed, or where a dry cleaning plant is operated, or both, and which may include the laundering, pressing or incidental tailoring or repair of articles, goods or fabric; "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; "Gross Leasable Floor Area" shall mean the aggregate 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; "Light Manufacturinq Plant" shall mean a manufacturing plant used for: the production of apparel and finished textile products other than the production of synthetic fibers; printing or duplicating; the manufacture of finished paper other than the processing of wood pulp; the production of cosmetics, drugs and other pharmaceutical supplies; or, 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, 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; (c) "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; "Manufacturinq 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; "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 includes the regular place of business of a master electrician or master plumber, but shall not include a manufacturing plant or any establishment used for the service or repair of vehicles or a retail store; (15) (16) (17) (18) (19) (20) (21) (22) (23) (24) 3 "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 section 224(9)(b) of the Municipal Act, R.S.O. 1990, 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, 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 in the Municipal Act, R.S.O. 1990, 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, 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 as defined herein; "Place of Worship" shall mean a building or part of a building dedicated to religious worship and may include a church, synagogue, temple or assembly hall along with accessory office space and nursery facilities, but shall not include a day nursery, day care centre or nursery school; "Printinq Establishment" shall mean an establishment used for blueprinting, engraving, electro-typing, photocopying, plotting from disk, printing, stereotyping or typesetting; "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 by the Municipal Act, R.S.O. 1990, c.M. 45, as amended from time-to-time, or any successor thereto; "Rental Establishment" shall mean a building or part of a building in which goods, wares, merchandise, substances, articles or things are offered or kept for offer for rent directly to the public, but does not include the rental of motor vehicles, 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, or both on and off the premises; "Sales Outlet" shall mean a building or part of a building accessory to a bakery, a food preparation plant, a light manufacturing plant, a manufacturing plant, a merchandise service shop, a printing establishment, or a warehouse, wherein products manufactured, produced, processed, stored, serviced or repaired on the premises are kept or displayed for rent or for wholesale or retail sale, or wherein orders are taken for future delivery of such products; "Scientific, Medical or Research Laboratory" shall mean a building or part of a building wherein scientific, research or medical experiments or investigations are systematically conducted, or 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; (25) (26) (27) (28) (29) 4 "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 or any establishment engaged in the retail sale of motor vehicle fuels; "Vehicle Sales or Rental Establishment" 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; "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 includes the premises of a warehouseman but shall not include a fuel storage tank except as an accessory use; and "Waste Transfer and Manaqement Facility" shall mean a building or part of a building which is used primarily for the storage, handling or processing of household, institutional, commercial or industrial waste; (a) __ (b) (c) (d) (e) (f) "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; (g) "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; "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; "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; "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; "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; "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; -5- PROVISIONS (1) Uses Permitted ("MC-19" Zone) No person shall within the lands designated "MC-19" 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; (i) food preparation plant; (j) light manufacturing plant; (k) manufacturing plant; (I) merchandise service shop; (m) personal service shop; (n) place of assembly; (o) place of amusement or entertainment; (p) place of worship; (q) printing establishment; (r) professional office; (s) rental establishment; (t) restaurant - Type A; (u) sales outlet; (v) scientific, medical or research laboratory; (w) vehicle repair shop; (x) vehicle sales or rental establishment; (y) warehouse; (2) Zone Requirements ("MC-19" Zone) No person shall within the lands designated "MC-19" on Schedule I attached hereto, use any lot or erect, alter or use any building except in accordance with the following provisions: (a) OUTDOOR STORAGE: A Open storage shall not be permitted; (b) FRONT YARD DEPTH REQUIREMENTS (minimum): 15 metres (c) SIDE YARD WIDTH REQUIREMENTS (minimum): 6.5 metres (d) REAR YARD DEPTH REQUIREMENTS (minimum): 7.5 metres (e) PARKING REQUIREMENTS (minimum): A B 415 spaces Sections 5.21.2 (a) and (b) of By-law 2511 shall not apply; C -6- Notwithstanding section 5.21.2 (g) of By-law 2511, all parking areas shall be surfaced with brick, asphalt or concrete, or any combination thereof; (f) BUILDING SIZE (maximum aggregate, all buildings on the lands): 23200 square metres (g) BUILDING HEIGHT (maximum): 12 metres (h) SPECIAL REGULATIONS: A A sales outlet, accessory to a permitted industrial operation, shall only be permitted provided the gross leasable area of the sales outlet does not exceed 25% of the gross leasable floor area of the related industrial operation; B Notwithstanding Clause A above, a sales outlet may exceed 25% up to a maximum of 40% of the gross leasable floor area of the related industrial operation, provided the aggregate gross leasable floor area of all sales outlets in a building does not exceed 25% of the total gross leasable floor area in that building; C The aggregate gross leasable floor area of all clubs, commercial clubs, commercial schools, commercial-recreational establishments, dry cleaning depots, personal service shops, places of assembly, places of amusement or entertainment, places of worship, and restaurants - type A on the lots shall not exceed 50% of the gross leasable floor area of all buildings on the lot; D The maximum gross leasable floor area for any personal service shop, or restaurant - Type A shall be 325 square metres; E The maximum aggregate gross leasable floor area shall be: (i) for all personal service shops on the lands: 325 square metres (ii) for all restaurants- Type A on the lands: 325 square metres F Notwithstanding any other provision in this By-law, a waste transfer and management facility shall not be permitted on lands designated "MC-19" on Schedule I attached hereto; G Despite Section 5 (1) (t), a restaurant - Type A shall not include a drive-thru component. -7- BY-LAW 2511 By-law 25'1 '1 is hereby 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 25'11. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof. BY-LAW read a first, second and third time and finally passed this __ February ,2004. day of David R~~~ Bruce Taylor, Clerk SCHEDULE T TO BY-LAW PASSED THIS 16 DAY OF February 2004 6254/04 N