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HomeMy WebLinkAboutBy-law 2176/86THE CORPORATION O~1 THE TOWN OF PICKERING BY-LAW N~JMBER 2176/86 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the Town of Picketing District Planning Area, Region of Durham, in Blocks E, F and G, Plan M-1024 in the Town of Pickering. (A 13/86) WHEREAB the Council of the Corporation of the Town of Pickering deems it desirable to permit the development of a hotel to occur on the subject lands being Blocks E, F and G, Plan M-1024; AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL 0P THE CORPORATION 0Y THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: SCHEDULES "I" AND "II" ~chedules "I" and "II" 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 Blocks E, F and G, Plan M-1024, Pickering, designated "SC-7" 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) "Floor Area - Non-Bedroom" shall mean the aggregate of the floor areas of all above and below grade storeys of all buildings and structures used other than for bedrooms, but shall exclude the floor area of any stairwells, elevators and any part below established grade used exclusively for storage purposes; (2) "Hotel" shall mean a building, or two or more buildings ~d above grade, used for the purpose of catering to the needs of the travelling public by providing overnight sleeping accommodations of not less than 25 bedrooms and may include uses accessory thereto, including meeting rooms, conference rooms, recreational facilities and dining and lounge areas; continued... 2 (4) (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 a 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 Coverase" shall mean the percentage of lot area covered by all buildings on the lot; (c) "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; "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. 5- PROVISIONS (1) (a) Uses Permitted ("SC-7" Zone) No person shall within the lands designated "SC-7" on Schedule "I" attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (i) hotel (b) Zone.ReQuirements ("SC-7" Zone) No person shall within the lands designated "SC-7" on Schedule "I" attached hereto, use any lot or erect, alter or use any building except in accordance with the following provisions: (i) (ii) (iii) LOT AREA (minimum): LOT FRONTAGE (minimum): YARD REQUIREMENTS (minimum): (iv) BUILDING HEIGHT (maximum): (v) LOT COVERAGE (maximum): 0.4 hectares 30 metres all as illustrated on Schedule "II" attached hereto 22 metres 40 percent (vi) PARKING REQUIREMENTS: A For the purpose of this clause, "parking space" shall mean a useable and accessible area of not less than 15.95 square metres for the temporary parking of vehicles, but shall not include any portion of a parking aisle or driveway; continued... B There shall be provided and maintained on the subject lands a minimum of 1 parking space per bedroom, plus 3.6 spaces per 100 square metres of floor area - non-bedroom excluding washrooms, lobbies and corridors; Section 5.21.2b) of By-law 3036, as amended, shall not apply to lands designated "SC-7" on Schedule "I" attached hereto; D All parking areas shall be set back a minimum of 3.0 metres from all lot lines; Notwithstanding Section 5.21.2g) of By-law 3036, as amended, all parking areas shall be paved. (vii) SPECIAL REGULATIONS: Notwithstanding Section 2.46c)i) of By-law 3036, the boundary of the land designated "SC-7" on Schedule "I" attached hereto which abuts Picketing Parkway shall be deemed to be the front lot line. B Section 5.9 of By-law 3036, as amended, not apply to lands designated "SC-7" on Schedule "I" attached hereto. shall 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 the relevant provisions of By-law 3036, as amended. 2. By-law 4477/73 is hereby repealed. 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). continued... 4 (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. 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 7th DAY OF April , 1986. READ A THIRD TIME AND PASSED JOHN E. ANDERSON ThIS 7th DAY OF April , CLERK BRUCE J. TAYLOR 1986. SC-7 E~ AO\ SCHEDULE 'I' TO BY- LAW 2176/86 PASSED THIS 7~h DAY OF Ap. rA~ 1986 CLERK (B. J.~ylor) ~YOR (J. E. Anderson) REOUIRED SiDE YARD 4.5m REQUIRED FRONT YARD .Om M- I024 0 --REQUIRED FLANK. AGE SIDE YARD SCHEDULE ':]:]:' TO PASSED THIS DAY OF April BY-LAW 2176/8§ 7'ch 1986 R (J. E. Anderson) CLERK (B.J. T~lor)-' ETA ;UBJECT PROPERTY R C, STREET