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HomeMy WebLinkAboutBy-law 3499/90 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 3499/90 Being a By-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham, in Part Lot 20, Concession 1, in the Town of Pickering. (A 6/89) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the establishment of a mini-putt and batting cage facility as a temporary use in Part of Lot 20, Concession 1, in the Town of Pickering; AND WHEREAS an amendment to By-law 2511, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULE Schedule 'T' attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. The provisions of this By-law shall apply to those lands in Part of Lot 20, Concession 1, designated "MI(TCR-I)" on Schedule 'T' 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) (a) "L0f' 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 agroup 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 Frontage" 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; (2) "Mini-Putt and Batting Cage Facility" shall mean land and premises used or intended to be used for tile purpose of providing for gain or profit to the public, both a golf putting facility and a baseball batting facility; (3) (a) "Yard" shall mean an area of land that 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; -2- (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 D~plh" 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; 5. PROVISIONS (1) Temporary_ Uses Permitted CMI(TCR-I)'' Zone) Despite the provisions of se,ction 16.1 of By-law 2511, the lands designated "MI(TCR-1)"on Schedule "I' attached hereto and any building or structure thereon, may be used for thepurpose of a mini-putt and batting cage facility during the period from October 1,1990, to September30, 1993, both inclusive, subject to the provisions of subsection (2). (2) Z0n¢ Rcq~iremems Despite the provision,, of Section ,!6.2 of By-law 2,5,11, no person shall within the lands designated MI(TCR-1) on Schedule "I' attached hereto, use any lot or erect, alter or use any building or structure for any purpose except in accordance with the following provisions: (a) LOT AREA (minimum): 0.7 hectare (b) LOT FRONTAGE (minimum): 100 metres (c) FRONT YARD DEPTH (minimum): 30 metres (d) BUILDING HEIGHT (maximum): 9 metres (e) 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 5.3 metres in length for the temporary p~king of a vehicle, but shall not include any portion of a parking aisle or driveway; B There shall be provided and maintained on the lot a minimum of 65 parking spaces; C Sections 5.21.2a) and 5.21.2b) of By-law 2511, as amended, shall not apply to the lands designated "MI(TCR-1)" on Schedule "I" attached hereto; D All parking areas shall be set back a minimum of 3.0 metres from all road allowances; (f) SPECIAL PROVISION: A The aggregate of the gross floor areas of all buildings on the lot shall not exceed 150 square metres. 6. BY-LAW 2511 By-law 2511, 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 matte.rs not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 2511, as amended. -3- 6. BY-LAW 2511 By-law 2511, 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 'T' attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 2511, as amended. 7. ENFORCEMENT (1) Any person who contravenes any of the provisions of this By-law is guilty of an offence and on conviction is liable, (a) on a first conviction to a fine of not more than $20,000; and (b) on a subsequent conviction to a fine of not more than $10,000 for each day or part thereof upon which the contravention has continued after the day on which he was first convicted. (2) Where a corporation is convicted under subsection (1), the maximum penalty that may be imposed is, (a) on a first conviction a fine of not more than $50,000; and (b) on a subsequent conviction a fine of not more than $25,000 for each day or part thereof upon which the contravention has been continued after the day on which the corporation was first convicted; and not as provided in subsection (1). (3) Where a conviction is entered under subsection (1), in addition to any other remedy or penalty by law, the court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted. 8. EFFEC1TVE DATE 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 25 DAY OF June , 1990. READ A THIRD TIME AND PASSED THISls~DAY OF Octobe,-rl990. W~YNE ARJ'HURS MAYOR  TOWN CLERK ~ ..... PART I, PLAN qOR-IO00 PART ~, PART 2 PLAN 40R-2408 MI(TCR-1) · ~E CORNER OF ~ t.OT 19, CC~IC;~_ BAYLY STREET SCHEDULE I TO BY-LAW. 3499/90 PASSED THIS r~.,:st DAY OF .o~tdoe~: 1990 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 3499/90 Being a By-!aw to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official P. lan of the Town of Pickering District Planning Area, Region of Durham, in Part Lot 20, Concession 1, in the Town of Pickering. (A 6/89) WI4~.REAS the Council of the Corporation.of the Town of Pickering deems it desirable to p.ermit the establishment of a rmni-putt and batting cage facility as a temporary use an Part of Lot 20, Concession 1, in the Town of Picketing; AND WI4'F. REAS an amendment to By-law 2511, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FO!.!~OWS: 1. ~ Schedule "I" attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. 2. AREA ~CTED The provisions of this By-law shall apply to those lands in Part of Lot 20, Concession 1, designated "MI(TCR-1)" on Schedule 'T' 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) (a) "Lot" shall mean an area of land frontinl~ on a street which is used or intended to be used as the s!te of a building, or agroup of buildings, as the c .as.e may be, together vath any accessory buildings or structures, or a publ,c 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) ~D.i..F_r.9.11iag~ 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; (2) "Mini-Putt and Battin~ Ca~e Facility" shall mean land and premises used or intended to be used for t2e purpose of providing for gain or profit to the public, both a golf putting facility and a baseball batting facility; (3) (a) ~ shall mean an are.a, of land that is appurtenant to and located on the same lot as a building or structure and is open, uncovered and unoccupied above ground exceI?t for such accessory buildings, structures, or other uses as are specifically permitted thereon; (b) "Front Yard" shall me.a.n a yard extending across the full width of a lot between the front lot hne of the lot and the nearest wall of the nearest main building or structure on the lot; (c) ~F./gRI. XaLgi.,[~ 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; (1) Temporary. Uses Permitted ("MI(TCR-I)" Zone) Despite the provisions of section 16.1 of By-law 2511, the lands designated "MI(TCR-1)"on Schedule 'T' attached hereto .and any building or structure ther. eon, may be .used for thepurpose of a mira-putt and batting cage facility during the period from October 1,1990, to September30, 1993, both inclusive, subject to the provisions of subsection (2). (2) ~ Despite the provision of Section 16.2 of By-law 2511, no person shall within the lands desi~gnated "MI(TCR-1)".on Schedule "I" attached hereto, use any lot or erect, alter or use any buildxnlg or structure for any purpose except in accordance with the following provisions: (a) LOT AREA (minimum): 0.7 hectare (b) LOT FRONTAGE (minimum): 100 metres (c) FRONT YARD DEPTH (minimum): 30 metres (d) BUILDING HEIGHT (maximum): 9 metres (e) PARKING REQUIREMENTS: A For the purpose of this clause "parking space" shall mean a usable and accessible area of not less than 2.6metres m width and 5.3 metres in length for the temporary p~king of. a vehicle, but shall not include any portion of a parking msle or driveway; B There shall be provided and maintained on the lot a minimum of 65 parking spaces; C Sections 5.21.2a) and 5.21.2b) of By-law 2511, as amended, shall not apply to the lands designated "MI(TCR-I)" on Schedule "I" attached hereto; D All parking areas shall be set back a minimum of 3.0 metres from all road allowances; (f) SPECIAL PROVISION: A The aggregate of the gross floor areas of all buildings on the lot shall not exceed 150 square metres. 6. BY-LAW 2511 By-law 2511, as amended, is hereby further amend, ed on!y to the extent necessary to give effect to the provisions of .this By-law as it applies to the are. a set out in Schedule 'T' attached hereto. Defimtions and subject matters not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 2511, as amended. By-l.aw 2511, as amended, is hereby further amended only to the extent necessary to gwe effect to the provisions of th!s By-law as it applies to the area set out in Sche.dule "I" attached hereto. Definitions and subject matters not specifically dealt with m this By-law shall be governed by the relevant provisions of By-law 2511, as amended. 7. t~/EO~RI~MF.,I:~ (1) Anyperson who contravenes any of the provisions of this By-law is guilty of an offence and on conviction is liable, (a) on a first conviction to a fine of not more than $20,000; and (b) on a subsequent conviction to a fine of not more than $10,000 for each day or part thereof upon which the contravention has continued after the day on which he was first convicted. (2) Where a corporation is convicted under subsection (1), the maximum penalty that may be imposed is, (a) on a first conviction a fine of not more than $50,000; and (b) on a subsequent conviction a fine of not more than $25,000 for each day or part thereof upon which the contravention has been continued after the day on which the corporation was first convicted; and not as provided in subsection (1). (3) Where a conviction is entered under subsection (1), in addition to any other remedy or penalty by law, the court in which the conviction has been entered, ana any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted. 8. !~~ DATE 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 25 DAY OF June , 1990. READ A THIRD TIME AND PASSED THIS lstl)AY OF ocr. obi990. MAYOR TOWN CLERK APPROVED PART I~ PLAN 40R-lO00 45.0m PART ~, PART I PLAN 14OR- 2408 MI(TCR-1) I ~ I gAYLY STREET SCHF. I~ULE I TO BY-LAW 3,~99/9o PASSED THIS DAY OF o~tct~ 1990 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 3499/90 Being a By-law to amend Res.tricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham, in Part Lot 20, Concession 1, in the Town of Picketing. (A 6/89) WHEREAS the Council of the Corporation .of the Town of Pickering deems it desirable to permit the establishment 9f a .nuni-putt and b.a. tting cage facility as a temporary use in Part of Lot 20, Concesston 1, in the Town of Plckering; AND WHEREAS an amendment to By-law 2511, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULE W' Schedule 'T' attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. The provisions of this By-law shall apply to those lands in Part of Lot 20, Concession 1, designated "MI(TCR-I)" on Schedule 'T' 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) (a) "Lot" shall mean an area of land frontin.$ on a street which is used or intended to be used as the s!te of a building, or .a. i~.roup of buildings, as the case may be, together wath any accessory braidings 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) ~J_F_LO_g_lflg~ shall mean the width of a lot between the side lot lines measured alo- -ng a line parallel to and 7.5 metres distant from the front lot line; (2) "Mini-Putt and Battine Caee Facility." shall mean land and premises used or intended to be used for tile purpose of providing for gain or profit to the public, both a golf putting facility and a baseball batting facility; (3) (a) ~Yard" shall mean an area of land that 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 permutted thereon; -2- (b) ~ 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 front yard of a lot between the front lot line and the nearest wall of the nearest main building or structure on the lot; 5. ~ (1) Temporary Uses Permitted ("MI(TCR-I)" Zone) Despite the ,provisions of ,s, ection 16.1 of Byqaw 2511, the lands designated "MI(TCR-1) 'on Schedule 'I" attached hereto .and any build!ng or structure thereon, may be used for thepurpose of a rmm-putt and batting cage facility durinl$ the period from October1,1990, to September30,1993, both inclusive, subject to the provis:ons of subsection (2). (2) Zone Requirements Despite the provision of Section ,1,6.2 of By-law 2511, no person shall within the lands designated "MI(TCR-1) on Schedule 'T' attached hereto, use any lot or erect, alter or use any building or structure for any purpose except in accordance with the following provisions: (a) LOT AREA (minimum): 0.7 hectare (b) LOT FRONTAGE (minimum): 100 metres (c) FRONT YARD DEPTH (minimum): 30 metres (d) BUILDING HEIGHT (maximum): 9 metres (e) 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 5.3 metres in length for the temporary parking of a vehicle, but shall not include any portion of a parking aisle or driveway; B There shall be provided and maintained on the lot a minimum of 65 parking spaces; C Sections 5.21.2a) and 5.21.2b) of By-law 2511, as amended, shall not apply to the lands designated "MI(TCR-I)" on Schedule 'T' attached hereto; D All parking areas shall be set back a minimum of 3.0 metres from all road allowances; (f) SPECIAL PROVISION: A The aggregate of the gross floor areas of all buildings on the lot shall not exceed 150 square metres. 6. ~ By-law 2511, as amended, is hereby further amen.deal o~y to the extent necessayy. to give effect to the provisions of th!s By-law as it applies to the are. a. set out m Schedule 'T' attached hereto. Definitions and subject matt. e.rs not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 2511, as amended. By-law 2511, as amended, is hereby further amended only to the extent necessary to give eff,,,e, ct 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 th~s By-law shall be governed by the relevant provisions of By-law 2511, as amended. 7. ~:tl~O]ll~dl~2~ (I) Any person who contravenes any of the provisions of this By-law is guilty of an offence and on conviction is liable, (a) on a first conviction to a fine of not more than $20,000; and (b) on a subsequent conviction to a fine of not more than $10,000 for each day or part thereof upon which the contravention has continued after the day on which he was first convicted. (2) Where a corporation is convicted under subsection (I), the maximum penalty that may be imposed is, (a) on a first conviction a fine of not more than $50,000; and (b) on a subsequent conviction a fine of not more than $25,000 for each day or part thereof upon which the contravention has been continued after the day on which the corporation was first convicted; and not as provided in subsection (1). (3) Where a conviction is entered under subsection (1), in addition to any other remedy or penalty by law, the court in which the conviction has been entered, and any court of com. petent juris.d.iction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted. 8. EFFE~ DATE This By-law shall take effect from the d.ay of passing hereof subject to the approval of the Ontario Municipal Board, if reqmred. READ A FIRST AND SECOND TIME THIS 25 DAY OF June , 1990. READ A THIRD TIME AND PASSED THIS ls ~DAY OF octobe, xt990. MAYOR  TOWN CLERK PART Is PLAN 40R-lO00 PART I, PART 2 PLAN 4OR- 2408 MI(TCR-1) IOl, Om ~ I $4e-lm ,~ ql BAYLY STREET SCHEDULE I TO BY-LAW 3499/90 PASSED THIS virst DAY OF octct~r ,, 1990