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HomeMy WebLinkAboutBy-law 6887/08 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6887/08 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 Lot 22, Plan 492, in the City of Pickering. (A 13/08) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit the establishment of business offices, professional offices, a veterinary clinic and a residential dwelling unit on lands being Lot 22, Plan 492, 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: 1. SCHEDULE I Schedule I attached to this By-law with notations and references shown thereon is hereby declared to be part of this By-law. 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Lot 22, Plan 492, in the City of Pickering, designated "R3-MU-1" 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. 4. 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 - (2) "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; (3) (a) "Dwellin~t 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) "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; (c) "Dwellino, Sinqle or Sinole Dwellinq" shall mean a single dwelling containing one dwelling unit and uses accessory hereto; (d) "Dwellino, Detached or Detached Dwellinq" shall mean a single dwelling which is freestanding,. separate, and detached from other main buildings or structures; (4) "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; (5) (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 Coveraoe" shall mean the percentage of lot area covered by all buildings on the lot; (c) "Lot Frontaoe" 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; (6) "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 Section 224 (9)(b) of the Municipal Act, R.S.O. 1990, chapter MA5, as amended from time-to-time, or any successor thereto or an Adult Entertainment Parlour as defined herein; - 3 - (7) (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 lines, 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 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) "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; (8) "Veterinary Clinic" shall mean a building or' part of a building in which medical and surgical services are performed or consultation is given for domestic pets, may include accessory sales of associated products, accessory services such as grooming, emergency 'overnight accommodation, but shall not include long-term boarding on the premises. 5. PROVISIONS (1) Uses Permitted ("R3-MU-1" Zone) No person shall, within the lands zoned "R3-MU-1" 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: (i) dwelling unit (ii) business office (iii) professional office (iv) veterinary clinic - 4- (2) Zone Requirements ("R3-MU-1 II Zone) No person shall within the lands designated "R3-MU-1" on Schedule I attached hereto use any lot or erect, alter or use any building except in accordance with the following provisions: (a) REQUIREMENTS (i) Any permitted use shall be subject to the requirements of Section 9.2 of Zoning By-law 3036, as amended; (ii) Despite (i) above, Section 9.2.4, 9.2.5 and 9.2.6 inclusive sh.all not apply to the lands zoned "R3-MU-1 II on Schedule I attached hereto; (iii) Building Height: maximum 6.0 metres; (b) PARKING REQUIREMENTS (i) There shall be provided and maintained on the lands zoned "R3-MU-1 " on Schedule I attached hereto, a minimum of 12 parking spaces; (ii) Despite clause (i) above, if the lands design'ated "R3-MU-1 II on Schedule I attached hereto are used for only a dwelling unit, a minimum of 2 parking spaces shall be provided; (iii) Clauses 5.21.2 (a), and 5.21.2 (b), of By-law 3036, as amended, shall not apply to the-lands designated "R3-MU-1 II on Schedule I attached hereto; (iv) Despite Clauses 5.21-.2 (g) and 5.21.2 (k) of By-law 3036, 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; (v) Despite Clause 2.2.1 of By-law 3036, as amended, the minimum perpendicular width of an aisle to a parking stall shall be 6.0 metres for two way traffic; (c) SPECIAL REGULATIONS (i) The maximum combined gross leasable floor area for all uses on the lands zoned "R3-MU-1" on Schedule I attached to this By-law shall be 300 square metres; (ii) Section 5.32 of By-law 3036, as amended, shall not apply to the lands zoned "R3-MU-1 II on Schedule I attached to this By-law; (iii) Section 5.22 of By-law 3036, as amended, shall not apply to the lands zoned "R3-MU-1 II on Schedule I attached to this By-law; - 5 - 6. 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. 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 15th day of September, 2008. ~~\C2J (~(>) Debi A. Wilcox, City Clerk UI GLENANNA I 1 I 1 --------T-------- 1 I 1 ~-------T-------- 1 I 1 ~ ~------- 0::: o ~4.4m ~ R3-MU-1 $ ~ lOT. 22. PlAN 492 ~ 54.4m W -...I <( o z W -...I (:) --------1 I 1 _____---1-------- I I 1 ~-------1-------- I 1 I ~-------J 1--------- I I -----l--~------- -----1 ------1 _____J _____J I -----, -----l SCHEDULE I TO BY-LAW PASSED THIS 15th DAY OF SEPT. j ""'\ I 6887/08 ~ o <( o 0::: ROAD / / / /' /' I /'/' f/' 1 ~ \ \ \ \ \ \ \ ..) ----/' /1 /'/'/' I /' /' /' / .-J o o 0.... 0::: w > -...I 2008 l' N \W I I I I I IT IIIIII /r:::: i MALDEN "'\ f- ~~ I ,I -01--- o ;u u '--- _ r'1 --l VJ --l 0 f-- '-- _ (}, f- f--- ... !i z 0::: -i_ ~ 1==6~ - u - - t~ - G Df?/VC <if - :y ~ I-- W 0::: <1:~ 6f--- VJ f--- f--- - City of Pickering PROPERTY DESCRIPTION LOT 22, PLAN 492 OWNER 1410967 ONTARIO INC. FILE No. A 13/08 I wi > 0:: o Lc < o z W -J () 10 " - I---- - wI--- _ w f--- -5=',-- t--- <1:_ '--- li.. _ - - "- - - ~ O~ _ -Si <{ _ <:::;'-1 ~ nl( 7~~ ~I!ZII ~ ~RI~Jlllllllll~ll~l~l~ ==3111 , II , I Inn III1III ~ .- ROAD ~ qJ.-, !.~, ~ -J .... "'i,<,e -:-.o~ '{..,~GS Fox & Fide Ie ./Sion t ~1-- o 0::: \ ---' o o n '\ ~ [>=;1 ____ GLENANNA ~9~ 1 ~ H I F == ~ == ~= -=1/'1== ~ _ _ ~ I 0 ~ ~ ~ - I--- I--- - ~ f--- - I--- I---- - ~ I---w - I--- I---- f- - I--- I--- Z - f-- -~ - I---- - CD - - - ===\ = - l.---:l L-- ::: ==~B ~ ~jI XJ?w\\'t., /?< . -:-.& / ----- ~~G /:/~~ /V0"\o~ ./ ~/ ro. 'Q.lEr..1 PRO~ I I ~ 1_ Plaza <1:_ 0_ ~=== - -J () u ...- o ,01- /" 0'0 ( . f>-O ~o Pickering Town Centre Planning & Development Department DATE JULY 7,2008 DRAWN BY JB SCALE 1:10000 CHECKED BvRC l' 00 'Sourco.: ~ 1~~;e:"':A~e~:~.~~. 1:~~n~r'.~..lt~ll.~j!~i~r'.R.~I~,.~~~~tsN~e~e~iad~ ~~ts~r:,l~.n of Burvey. PN-8