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HomeMy WebLinkAbout By-law 1763/83THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 1763/83 Being a Restricted Area By-law to amend Restricted Area By-law 3037, as amended, to implement the Official Plan of the Town of Pickering District Planning Area Region of Durham, on Part Lot 32, Concession 4, in the Town of Pickering ( A 25/83) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to allow a theatre-type A, a theatre-type B, an auction and an antique show in addition to uses presently permitted on the subject lands being Part of Lot 32, Concession 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: 6.1.5.11 Part Lot 32, Concession 4 (1)(a) For the purpose of this subsection, the term 'Theatre -Type A' shall mean a building or part of a building used for the indoor presentation of plays, operas and similar, theatrical arts. (b) For the purpose of this subsection, the term 'Theatre -Type B' shall mean a place, a building, or part of a building, used for outdoor presentation of plays, operas and similar theatrical arts, having a maximum seating capacity of 150 persons and maximum total capacity of 200 persons. (c) For the purpose of this subsection, the term 'Restaurant Type E' shall mean a building or part of a building where food is prepared or offered or kept for retail sale to the public for immediate consumption in the building or elsewhere on the premises. (2) 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 1763/83 may be used for the purposes of a theatre type A, a theatre - type B, an auction, an antique show and a restaurant type E, in accordance with the provisions of Section 6.2.5. (3) SPECIAL RESTRICTIONS: Notwithstanding any of the provisions of this By-law, a restaurant - type E may be permitted only in combination with a theatre type A or theatre type B on the site. /continued page 2 (4) Notwithstanding any of the provisions of this By-law, a residential use in a detached dwelling may be permitted on the lands hatched on Schedule "I" to By-law 1763/B3 subject to the provisions of Section 6.2.5. 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 or 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 any 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. BY-LAW 3037 (]) 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 area set out in Schedule "I" attached hereto. (2) Definitions and subject matters not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 3037, as amended. /continued EFFECTIVE DATE This By-law shall take effect from the subject to the approval of the Ontario required. day of passing thereof Municipal Board, if READ A FIRST AND SECOND TIME THIS 5th DAY OF December , 1983. READ A THIRD TIME AND PASSED THIS 5th DAY OF December , 1983. ~tAy (FR~ v // C~ ExRK TOWN OF FICKER!NG AP?ROVED AS TO FOli J FOURTH CONCESSION ROAD SCHEDULE 'I' TO BY-LAW.l?63/83 PASSED THIS, 5'ch DAY OF Deoe, mbez~ t983 MAYOR CLERK