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
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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