HomeMy WebLinkAboutBy-law 6777/07
THE CORPORATION OF THE CITY OF PICKERING
BY-lAW NO. 6777/07
Being a By-law to amend Zoning By-law 3036, as amended by
By-laws 2641/88 and 4621/95, to implement the Official Plan of the City
of Pickering, Region of Durham, on Part of lot 24, Concession 1, in
the City of Pickering. (A 8/06)
WHEREAS the Council of The Corporation of the City of Pickering passed
By-law 2641/88, amending By-law 3036, to permit the development of special purpose
commercial uses on the subject lands, being Part of Lot 24, Concession 1, in the City of
Pickering;
AND WHEREAS the Council of The Corporation of the City of Pickering passed
By-law 3254/89, amending By-law 2641/88, to revise parking requirements and
permitted uses on a portion of the subject lands, being Part of lot 24, Concession 1, in
the City of Pickering;
AND WHEREAS the Council of The Corporation of the City of Pickering passed
By-law 4602/95, further amending By-law 2641/88, to permit the establishment of a
restaurant with eat-in, take-out and drive-through order and pick-up services on a
portion of the subject lands;
AND WHEREAS the Council of The Corporation of the City of Pickering passed
By-law 4621/95 to further amend By-law 3036, as amended by By-laws 2641/88,
3254/89 and 4602/95 to permit additional special purpose commercial uses, and a
consolidation of uses on the subject lands, being Part of lot 24, Concession 1, City of
Pickering;
AND WHEREAS the Council of The Corporation of The City of Pickering deems it
desirable to permit a variety of commercial uses on the subject lands, being Part of
lot 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 ENACTS AS FOllOWS:
1. SCHEDULES I and II
Schedules I and " attached hereto with notations and references shown thereon
are hereby declared to be part of this By-law.
By-law No. 6777/07 Continued
Page 2
2. AREA RESTRICTED
The provisions of this By-law shall only apply to those lands on Part of 24,
Concession 1, City of Pickering, designated "MU-22" on Schedule I attached
hereto.
3. DEFINITIONS
In this By-law,
(1) "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) "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;
(3) "Body Rub Parlour" includes any premises or part thereof where a body
rub is performed, 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 performed or offered by persons otherwise
duly qualified, licensed or registered so to do under the laws of the
Province of Ontario;
(4) "Build-to-zone" shall mean an area of land in which all or part of a building
elevation of one or more buildings is to be located;
(5) "Business Office" shall mean a building or part of a 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;
(6) "Convenience Store" shall mean a retail store in which food, drugs,
periodicals or similar items of day-to-day household necessities are kept
for retail sale primarily to residents of, or persons employed in, the
immediate neighbourhood;
By-law No. 6777/07 Continued
Page 3
(7) "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;
(8) "Commercial Recreation Establishment" shall mean a commercial
establishment in which indoor recreational facilities such as bowling alleys,
miniature golf courses, bingo facilities, gymnastics facilities, roller skating
rinks, squash courts, swimming pools and other similar indoor recreational
facilities are provided, and which may include an athletic or recreational
club;
(9) "Day Nursery" shall mean lands and premises duly licensed pursuant to
the provisions of The Day Nurseries Act, or any successor thereto, and for
the use as a facility for the daytime care of children;
(10) "Dry Cleaninq 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 any such processes;
(11) "Duplicatinq Shop" shall mean a part of a building where such items as
letters, plans, pictures and documents are reproduced by Photostatting,
blueprinting or other similar methods;
(12) "Dwelling" shall mean a building or part of a building containing one or
more dwelling units, but does not include a mobile home or trailer;
(13) "Dwellinq 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;
(14) "Financial Institution" shall mean a building or part of a building in which
money is deposited, kept, lent or exchanged;
(15) "Floor Area - Residential" shall mean the area of the floor surface
contained within the outside walls of a storey or part of a storey;
(16) "Food Store" shall mean a building or part of a building in which food,
produce, and other items or merchandise of day-to-day household
necessity are stored, offered or kept for retail sale to the public;
By-law No. 6777/07 Continued
Page 4
(17)
(18)
(19)
(20)
(21 )
(22)
(23)
(24)
(25)
"Furniture or Maior Appliance Store" shall mean an establishment in which
furniture, major appliances or a combination thereof are stored, offered
and kept for wholesale or retail sale;
"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;
"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;
"Home Improvement Centre" shall mean a building or part of a building
used for the display and wholesale and retail sale of building materials,
hardware or accessories, including cabinets, electrical fixtures, carpets,
floor coverings, plumbing supplies, wallpaper, draperies, garden supplies,
lumber and swimming pool supplies;
"Laundromat" shall mean a self-serve clothes washing establishment
containing washing, drying, ironing, finishing or other incidental
equipment;
"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;
"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;
"Lot Coveraqe" shall mean the percentage of lot area covered by all
buildings on the lot;
"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;
By-law No. 6777/07 Continued
Page 5
(26) "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 the
Municipal Act, R.S.O. 1980, Chapter 302, as amended from time to time,
or any successor thereto;
(27) "Place of Amusement/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 a theatre, but shall not include a games arcade or an adult
entertainment parlour as defined in the Municipal Act, R.S.O. 1990,
c.MA5, as amended from time to time, or any successor thereto;
(28) "Private Garaqe" 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;
(29) "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. 1980,
Chapter 302, as amended from time to time, or any successor thereto;
(30) "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, but
shall not include an adult entertainment parlour as defined herein;
(31) "Restaurant - Type F" 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, and which may include a drive-through order and
pick-up service;
(32) "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;
(33) "Storey" shall mean that portion of a building other than a basement, cellar
or attic, included between the surface of any floor and the surface of the
floor, roof deck or ridge next above it;
By-law No. 6777/07 Continued
Page 6
(34) "Yard" shall mean an area of land which is appu rtenant 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.
4. PROVISIONS ("MU-22" Zone)
(1) Uses Permitted ("MU-22" Zone)
No person shall within the lands designated "MU-22" on Schedule I
attached hereto, use any lot or erect, alter, or use any building or structure
for any purpose except the following:
(a) assembly hall;
(b) bakery
(c) business office
(d) commercial-recreational establishment
(e) commercial club
(f) commercial school
(g) convenience store
(h) day nursery
(i) discount department store
U) drug store
(k) dry cleaning depot
(I) duplicating shop
(m) financial institution
(n) furniture & major appliance store
(0) food store
(p) laundromat
(q) personal service shops
(r) professional office
(s) place of amusement/entertainment
(t) restaurant - Type A
(u) retail store
(v) residential apartments above the first floor of a building
(2) Zone Requirements ("MU-22 " Zone)
No person shall, within the lands designated "MU-22" on Schedule I
attached hereto, use any lot or erect, alter or use any building or structure
except in accordance with the following provisions:
By-law No. 6777/07 Continued
Page 7
(a) BUILDING RESTRICTIONS:
(i) Building Location and Setbacks:
A Buildings and structures shall comply with the minimum
setbacks illustrated on Schedule I attached hereto;
B A structure or building may occupy the build-to-zone
illustrated on Schedule I attached hereto;
C A minimum of 45% of the length of the build-to-zone
shall be occupied by a structure, or a minimum of 50%
of the length of the build-to-zone shall be occupied by a
building, both illustrated on Schedule I attached hereto;
(ii) Building Height:
A Minimum Building Height: 2 storeys or 6.5 metres
B Maximum Building Height: 4 storeys or 13.0 metres
C Minimum Arbour Structure Height: 4.5 metres entirely
or partially located within the Build-to-Zone
(iii) Lot Coverage (minimum): 20 percent
(b) PARKING REQUIREMENTS:
(i) For the purpose of this clause "parking space" shall mean a
useable 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) There shall be provided and maintained a minimum of
4.5 parking spaces per 100 square metres of gross leasable
floor area for all permitted uses listed in Section 4(1) of this
by-law;
(iii) Notwithstanding Clause 4. (2) (b) (ii) above the parking
provided for the gross leasable floor area in existence on each
property on the day of the passing of this by-law shall be
deemed to comply with of the by-law, however all new
buildings or new gross leasable floor area shall comply with
Clause 4 (2) (b) (ii) above;
By-law No. 6777/07 Continued
Page 8
(iv) Notwithstanding Clause 4.(2) (b) (ii) above, parking for a bingo
facility as a commercial recreational establishment on the
lands designated "MU-22" on Schedule 1 attached hereto
shall be provided and maintained on those lands at a minimum
of one parking space per 9 square metres of gross leasable
floor area or part thereof;
(v) Notwithstanding Clause 4.(2) (b) (ii) above, a minimum
1.2 parking spaces per unit, and 0.3 spaces per unit for
visitors, shall be provided for any residential apartment unit.
(vi) Clauses 5.21.2a), 5.21.2b), 5.21.2c), 5.21.2d) and 5.21.2e) of
By-law 3036, as amended, shall not apply to lands designated
"MU-22 on Schedule I attached hereto;
(vii) Notwithstanding clauses 5.21.2g) and 5.21.2k) of By-law 3036,
as amended, all entrances and exits to parking areas and all
parking areas shall be surfaced with brick, asphalt or concrete,
or any combination thereof.
(c) OPEN STORAGE:
(i) All uses, other than parking, shall take place entirely within
enclosed buildings or structures with no outside storage or display.
(d) SPECIAL REGULATIONS:
(i) All entrances and exits to parking areas and all parking areas
shall be surfaced with brick, asphalt or concrete, or any
combination thereof;
(ii) At grade parking lots shall be permitted no closer than
3.0 metres from the limits of the "MU-22" Zone identified on
Schedule I attached hereto, or any road;
(iii) No drive-thru facilities are permitted on the lands designated
"MU-22" as illustrated on Schedule I of this by-law;
(iv) Notwithstanding Clause 4.(2) (d) (iii) above one Restaurant -
Type F is permitted within the "MU-22" Zone;
(v) Maximum floor area for a discount department store shall be
7 ,450 square metres;
By-law No. 6777/07 Continued
Page 9
(vi) Aggregate of retail stores less than 300 square metres shall not
exceed 4000 square metres;
(vii) Total gross floor area of retail stores shall not exceed
9,500 square metres.
5. BY-LAW 3036
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.
6. EFFECTIVE DATE
This By-law shall come into force in accordance with the provisions of the
Planning Act.
BY-LAW read a first, second, and third time and finally passed this 18th day of June, 2007.
~
~
~
t;-
#
~
)
~~
0\GY'
I>< () '\
Q)N 1 S Pr lDT 2a
4Oft-1I1O NftT I Pf PM1' U
l'
N
SCHEDULE I TO BY-LAW 6777/07
PASSED THIS 18th
DAY OF June 2007
~YOR-~
~'ct~~d
CITY C . - DEBI BENn.t:-V,
)
~
~
~
tf
~
~
~\)'\
~~
y,.\GY'
j--'
I I BUILDING ENVELOPE
L..__.J
l'
N
SCHEDULE ]I TO BY-LAW 6777/07
PASSED THIS 18th
DAY OF June 2007
~
MAYOR - DAvtF
'--"
~~~~~*d