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HomeMy WebLinkAboutBy-law 2049/85THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 2049/85 Being a By-law to amend Restricted Area (Zoning) By-law 3037, as amended, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham, in Part Lot 18, Concession in the Town of Picketing. (A 1/85) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to allow the sale of farm produce and ancillary confectionery products in addition to uses presently permitted on the subject lands~ being Part of Lot 18~ Concession 3; AND WHEREAS an amendment to By-law 3037, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. TEXT AMENDMENT Section 6 of By-law 3037, as amended, is hereby further amended by adding thereto the following subsection: 6.1.5.13 Part Lot 18, Concession 3 (1) Notwithstanding any of the provisions of this By-law, in addition to any other uses that may be permitted thereon, the lands hatched on Schedule "I" to By-law 2049/$5, may be used for the retail sale of agricultural produce such as fruits and vegetables, including retail sales of ancillary confectionery and dairy products, in accordance with the provisions of Section 6.2.5, and the following provisions: (a) the gross floor area of all buildings or structures used for the purpose of retail sales shall not exceed 300 square metres; (b) (i) Subsection 5.19.2.b) of By-law 3037, as amended shall not apply. (ii) Notwithstanding Section 2.48 of By-law 3037, as amended, a 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. (iii) There shall be provided and maintained on the subject lands a minimum of five parking spaces for each 93 square metres or part thereof of gross floor area used for retail sales. (iv) There shall be on the subject parking spaces dwelling use. provided and maintained lands a minimum of two for a detached residential (1) By-law 3037, 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 lands hatched on Schedule "I" attached hereto. (2) Definitions and subject matters not specifically in this By-iaw shall be governed by the relevant of By-law 3037, as amended. dealt with provisions 3. E#FO~qEMENT (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 first convicted. was (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. 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 2nd DAY OF ~uly , 1985. READ A THIRD TIME AND PASSED THIS 2nd DAY OF July , 1985. THIRD CONC~SSION ROAD SCHEDULE "I" TO BY-LAW PASSED THIS 2nd DAY OF. July 1985 2049/85 II OERSAN SUBJECT PROPERTY THIRD i