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HomeMy WebLinkAboutBy-law 2210/86THE CORPORATION OF TBE TOWN OF PICKERING BY-LAW NU](BER 2210/86 Being a By-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the Town of Picketing District Planning Area, Region of Durham, in Lots 27 & 28, Plan M-89, Pickering, and that part of Lot 23, Range 3, B.F.C. in the Town of ?ickering, designated as Part 1, Plan 40R-4563. (A 40/85) WHEREAS the Council of the Corporation of the Town of Picketing deems it desirable to permit the development of and redevelopment of marine recreational uses to occur on the subject lands being Lots 27 and 28, Plan M-89 and Part 1, Plan 4OR-4563; AND WHEREAS an amendment to By-law 2511 as amended, is therefore deeme~ necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OP PICKERING HEREBY ENACTS AS FOLLOWS: 3CHEDULE "I" Schedule "I" attached hereto 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 Lots 27 & 28, Plan M-89, Town of Picketing, and that part of Lot 23, Range 3, B.F.C., Town of Picketing, designated as Part 1, Plan 40R-4563, designated "MR-I" on Schedule attached hereto. 3- GENERAL PROVIBIONB Bo 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) "Floor Area - Residential" shall mean the area of the floor surface contained within the outside walls of a storey or part of a storey; (2) "Floor Area-Non-Residential" shall mean the aggregate of the floor areas of all above and below grade storeys of all buildings and structures used for non-residential purposes, but shall exclude the floor area of any stairwells, elevators, and any part below established grade used exclusively for storage purposes; continued... 2 (4) (6) (7) "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; "Marina-Type 1" shall mean an establishment having access to a navigable waterway and providing recreational boat mooring facilities for the public, and includes accessory uses such as the sale, rental, service and repair of boats, boat motors, and marine equipment accessory thereto, the sale of boat motor fuels, and marine offices; "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; "Restaurant-type C" shall mean a building or part of a building where food is prepared or offered or kept for retail sale to the public for take-out purposes only; (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. 5- PRO¥IBIO~S (1) (a) Uses Permitted ("MR-I" Zone) No person shall within the lands designated "MR-I" on Schedule "I" attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (i) marina-type 1, subject to the provisions of paragraph (D) of subclause (v) of clause (c) of this subsection; (ii) restaurant-type A, subject to the provisions of paragraphs (A) and (C) of subclause (v) of clause (c) of this subsection; (iii) restaurant-type C, subject to the provisions of paragraphs (B) and (C) of subclause (v) of clause (c) of this subsection. continued... 3 (b) Temporary Uses Permitted ("MR-I" Zone) Despite the provisions of clause 5(1)(a) of this Section, the second storey of a building located on Lots 27 and 28, Plan M-89, Pickering, may be used for the purpose of a residential dwelling during the period of May 5, 1986 to May 5, 1989 subject to the provisions of paragraphs E and F of subclause (v) of clause (c) of this subsection. (C) Zone Requirements ("MR-l" Zone) No person shall within the lands designated "MR-I" on Schedule "I" attached hereto, use any lot or erect, alter or use any building except in accordance with the following provisions: (ii) (iii) FRONT YARD DEPTH (minimum): 5 metres BUILDING HEIGHT (maximum): 12 metres FLOOR AREA-NON RESIDENTIAL (maximum): 980 square metres (iv) PARKING REQUIREMENTS: A For the purpose of this clause, "parking space" shall mean a usable and accessible area of not less than 15.95 square metres, 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 a minimum of 68 parking spaces on lands designated "MR-I" on Schedule "I" attached hereto; C Section 5.21.2b) of By-law 2511, as amended, shall not apply to the lands designated "MR-l" on Schedule "I" attached hereto; D Notwithstanding the provision of Section 2.2.1 of By-law 2511 as amended, a one-way traffic aisle shall provide a minimum perpendicular width of 3.5 metres. (v) SPECIAL REGULATIONS: A The gross leasable floor restaurants-type A shall square metres; area of all not exceed 93 B The gross leasable floor area of all restaurants-type C shall not exceed 17 square metres; C Restaurant-type A and Restaurant-type C may only be permitted as accessory uses to a marina-type 1 use; continued... 4 D E F No more than 80 boats shall be moored or docked at any one time; The floor area-residential residential dwelling shall square metres; of any temporary not exceed 248 A temporary residential use shall only be permitted if accessory and incidental to a marina-type 1. 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 Bchedule "I" 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. EN¥ORCEME~T (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 thereo£ upon which the contravention has been continued after the day on which the corporation was first convicted. and not as provided in subsection (1). 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 o£ competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted. continued... 5 8. 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. READ A FIRST AND SECOND TIME THIS 5th DAY OF May , 1986. READ A THIRD TIME AND PASSED THIS 19th fAYOR OHN E. ANDERSON DAY OF May , 1987. BRUCE J. TAYLOR TOWN OF PICI(ERING APPROVED LEG/.,I_ OEf'Y. LOT MR-1 PART I 4~JR ' 4565 ;OT ,~? LOT ~'e .J 0 0 .J SCHEDULE 'I' TO BY-LAW 2210/86 PASSED THIS igth DAY OF May 198~ OLERK ( B~CE/J. TAY~R) FRENCHMAN S BAY SUBJECT PROPERTY LAKE ONTA