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HomeMy WebLinkAboutBy-law 2050/85THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 2050/85 Being a By-law to amend Restricted Area (Zoning) By-law 2520, as amended, to implement the Official Plan of the Town of Picketing District Planning Area, Region of Durham, Part of Lot 22, B.F.C. Range 3 (Parts 6 to 38 inclusive, Plan 40R-5947), in the Town of Picketing. (A 14/85) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the development of an aquaculture facility to occur on the subject lands being Part of Lot 22, B.F.C. Range 3 (Parts 6 to 38 inclusive, Plan 40R-5947), in the Town of Picketing; AND WHEREAS the amendment to By-law 2520, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: SCHEDULE "I" Schedule "I" shown thereon attached hereto with notations and references is hereby declared to be part of this By-law. 2. ARE% RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lot 22, B.F.C. Range 3 (Parts 6 to 38 inclusive, Plan 40R-5947), Town of Picketing, designated "M4" on Schedule "I" attached hereto. 3. GENERAL PROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved or structuraliy altered except in conformity with the provisions of this By-law. 4. DEF~NIT~gNS In this By-law, (1) "Aquaculture Facility" shall mean a building or part of a building in which is carried on any activity or operation pertaining to the hatching, cultivating, growing and process- ing of fish, and may include research and associated office facilities; (2) (a) "Floor Area" shall mean the area of the floor surface contained within the outside walls of storey or part of a storey; (3) (4) (b) "Gross Floor Area" shall mean the aggregabe of the floor areas of all storeys of a building or structure, or a part thereof as the case may be, other than a private garage, an attic or a cellar; (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; (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 ,I on the lot; II (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; (d) "Rear Yard" shall mean a yard extending across the full width of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (e) "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear yard of a lot between the rear lot line or, where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (f) "Side Yard" shall mean a yard of a lot extending from the front yard to the rear yard and from the side lot line to the nearest wall of the the nearest main building or structure on the lot; (g) "Side Yard Width" shall mean the shortest horizontal dimension of a side yard of a lot between the side lot line and the nearest main wall of the nearest main building or structure on the lot; 5. PROVISIONS (1) (a) Uses Permitted ("M4" Zone) No person shall within the lands designated "M4" on Schedule "I" attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (i) aquaculture facility (b) Zone Requirements ("M4" Zone) No person shall within the lands on Schedule "I" attached hereto, alter or use any building except the following provisions: (i) FRONT YARD DEPTH (minimum): (ii) SIDE YARD WIDTH (minimum): iii) REAR YARD DEPTH (minimum): (iv) BUILDING HEIGHT (maximum): (v) OPEN STORAGE: A designated "M4" use any lot or erect, in accordance with no open storage shall front yard 12 metres 2.4 metres 7.5 metres 12 metres B any open storage area shall (x) PARKING REQUIREMENTS (minimum): A Subsection 5.21.2 b) of By-law 2520 shall not apply. be permitted in the be screened B There shall be provided and maintained on the subject lands a minimum of one parking space for each 110 square metres or part thereof of gross floor area. 6. BY-LAW 2520 By-law 2520, 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 2520, 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. EFFECTIYE DATE This By-law shall take effect from the subject to the approval of the Ontario required. day of passing hereof Municipal Board, if READ A FIRST AND SECOND TIME THIS 2nd DAY OF July , 1985. READ A THIRD TIME AND PASSED THIS 2nd DAY OF July , 1985. CLERK WHARF STREET PARTS 6 - 38, 40R - 5947 M4 SCHEDULE "!" TO BY-LAW PASSED THIS 2nd DAY OF July 1985 2050/85 CLERK AVE. ,y Frenchman's Bay SUBJECT