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Home My WebLink AboutBy-law 6538/05THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6538/05 Being a By-law to amend Restricted Area (Zoning) By-law 2520, as amended, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham, in Lot 68 Plan M-14, in the City of Pickering. (A02/05) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit the development of a day spa on the subject property, being Lot 68, Plan M-14, in the City of Pickering; AND WHEREAS an amendment to By-law 2520, 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 Lot 68, Plan M-14, in the City of Pickering, designated "CO-DS" 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, "Adult Entertainment 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 Rub" include the kneading, manipulating, rubbing, massaging, touching, or stimulating, by any means, of a person's body or part thereof but does not include medical or therapeutic treatment given by a person otherwise duly qualified, licensed or registered so to do under the laws of the Province of Ontario; (3) "Body Rub Parlour" includes any premises or part thereof where a body-rub is preformed, offered or solicited in pursuance of a trade, calling, business or occupation, but does not include any premises or part thereof where the body-rubs performed are for the purpose of medical or therapeutic treatment and are preformed or offered by persons otherwise duly qualified, licensed or registered so to do under the laws of the Province of Ontario; (4) (5) (6) (7) (8) (9) -2- "Build-to-Zone" shall mean an area of land within which all or part of a building or buildings are to be located; "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; "Day Spa" shall mean a building or part of a building in which beauty and aesthetic treatments are provided, such as hair removal, make-up application, cosmetic tattooing, massage therapy, and weight loss treatments, but shall not include a body rub parlour, and shall not provide over night accommodations; "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; "Gross Leaseable 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; "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; (10) "Professional Office" shall mean a building or part of a building in which medical, 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; (11) "Retail Store" shall mean a building or part of a building in which goods, wares, merchandise, substances, articles or things are stored, kept and offered for retail sale to the public. PROVISIONS (1) Uses Permitted ("CO-DS" Zone) No person shall, within the lands zoned "CO-DS" 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) business office b) professional office c) day spa d) dwelling unit (2) Zone Requirements ("CO-DS" Zone) No person shall within the lands designated "CO-DS" 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 comply with the building envelope illustrated on Schedule I attached hereto. -3- B The build-to-zone illustrated on Schedule I attached hereto shall have located within it a building or buildings, or part of a building or buildings, which must occupy a minimum of 50% of the build-to-zone. (ii) Building Height: maximum 12.0 metres (b) PARKING REQUIREMENTS A minimum of 5 parking spaces shall be provided for every 100 square metres of gross leasable floor area or part thereof, and a minimum of 1 parking space shall be provided for any dwelling unit; (ii) Despite Clause 5(b)(i) above, a minimum of 2 spaces of the required parking must be located on the lands designated "CO-DS" on Schedule I attached hereto, while the remaining required parking spaces may be considered to be provided on the lands owned by the City of Pickering (Block AZ, Plan M-14) provided an agreement exists with the City of Pickering and the owner of the lands designated "CO-DS" on Schedule I attached hereto; Clauses 5.21.2 a) and b) of By-law 2520, as amended, shall not apply to the lands designated "CO-DS" on Schedule I attached hereto; (iv) Despite Clauses 5.21.2 g) and 5.21.2 k) of By-law 2520, 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. (c) SPECIAL REGULATIONS (i) All uses, other than parking, shall take place entirely within enclosed buildings or structures with no outside storage or display; (ii) A dwelling unit shall only be permitted if a business office, professional office, or day spa exist on the property; (iii) Despite the provisions outlined above: A a day spa, as defined herein, with a maximum gross leaseable floor area of 110 square metres; a residential detached dwelling, as per Section 8.1 of By-law 2520; and, a professional office, as per Section 8.5 of By-law 2520, shall be permitted within the building existing, on the lands designated "CO-DS" on Schedule I attached hereto, on the date of passing of this by-law; B a minimum of 3 parking spaces shall be provided on-site for any day spa use contained within the building existing on the date of the passing of this by-law, on the lands designated "CO-DS" on Schedule I attached hereto. Clause 5.21.2 d) of By-law 2520, as amended, shall not apply; C the building existing on the lands designated "CO-DS" on Schedule I attached hereto, on the date of the passing of this by-law, shall be deemed to comply with the provisions of By-law 2520, as amended. Any major additions or redevelopment shall comply with the provisions set out herein. -4- 6. BY-LAW 2520 (1) By-law 2520, 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 2520, 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 this 20th day of June, 2005. Da~ayor Debi A. Bentley, City Clerk0V / / / --- BUILDING ENVELOPE ~ BUILD-TO-ZONE SCHEDULE I TO BY-LAW 6538/05 PASSED THIS 20th DAY OF , June 2005 MAYOR CLERK