HomeMy WebLinkAboutBy-law 7312/13 The Corporation of the City of Pickering
By-law'No. 7312/13
Being a by-law to amend Restricted Area (Zoning)
By-law 2511, as amended, to implement the Official Plan
of the City of Pickering, Region of Durham in Part of Lot
11 and Lots 12 & 13 Plan 175, Part 1, Plan 40R-11659,
City of Pickering {SP-2013-01 &A 2/13)
Whereas the Council of The Corporation of the City of Pickering received an application
to rezone the subject lands being Part of Lot 11, Lots 12 & 13 Plan 175, Part 1,
Plan 40R-11659, in the City of Pickering to permit the development of 51 lots for
detached dwellings, a block containing a heritage property, an open space block and a
public road.
And whereas it is appropriate to amend By-law 2511, as amended, to permit such uses;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. Schedules I, II and Ill
Schedule I, Schedule I I and Schedule III attached'hereto with notations and
references shown thereon are hereby declared to be part of this By-law.
2. Area Restricted
The provisions of this By-law shall apply to those lands being Part of Lot 11,
Lots 12 & 13, Plan 175, Part 1, Plan 40R-11659, in the City of Pickering,
designated "R4-22", "R4-HL", "(H) R4-22" and "OS-HL" on Schedule I attached
hereto.
3. General Provisions
No building, structure, 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) "Bay, Bow, Box Window" shall mean a window that protrudes from the
main wall, usually bowed, canted, polygonal, segmental, semicircular or '
square sided with window on front face in plan; one or more storeys in '
height, which may or may not include a foundation; may or may not
include a window seat; and may include a door; .
•
By-law No. 7312/13 Page 2
(2) (a) . "Dwelling" shall mean a building or part of a building containing one
or more dwelling units but does not include a mobile home or trailer;,
(b) "Dwelling Unit" shall mean a one or more habitable rooms occupied
or capable of being occupied as a single, independent and
separate housekeeping unit containing a separate kitchen and
sanitary facilities;
(c) "Dwelling, Detached" shall mean a single dwelling which is
freestanding, separate and detached from other main buildings or
structures.
(3) (a) "Floor Area— Residential" shall mean the area of the floor surface
contained within the outside walls of a storey or part of a storey;
(b) "Gross Floor Area— Residential" shall mean the aggregate of the
floor areas of all storeys of a building or structure, or part thereof as
the case may be, other than a private garage, an attic or a cellar.
(4) (a) "Height, Building" shall mean the vertical distance between the
established grade, at the front of the house, and in the case of a flat
roof, the highest point of the roof surface or parapet wall, or in the
case of a mansard roof the deck line, or in the case of a gabled, hip
or gambrel roof, the mean height between eaves and ridge.
(5) (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 Coverage"shall mean the combined areas of all the buildings
on the lot measured at the level of the first floor and expressed as a
percentage of the lot area;
(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.
(6) (a) "Private Garage" shall mean an enclosed or partially enclosed
structure for the storage of one or more vehicles,in which no
business or service is conducted for profit or otherwise.
(7) (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;
By-law No. 7312/13 Page 3
(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;
(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 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
lots;
(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
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 wall of
the nearest main building or structure on the lot;
(h) "Flankage Side Yard shall mean a side yard immediately adjoining
a street or abutting on a reserve on the opposite side of which is a
street;
(i) "Flankage Side Yard Width" shall mean the shortest horizontal
dimension of a flankage side yard of a lot between the lot line
adjoining a street or abutting on a reserve on the opposite side of
which is a street, and the nearest wall of the nearest main building
or structure on the lot;
(j) "Interior Side Yard" shall mean a side yard other than a flankage
side yard;
•
(k) "Wall, Front" shall mean the wall of the dwelling closest to the front
lot line.
By-law No. 7312/13 Page 4
5. Provisions ("R4-22" Zone)
(1) Uses Permitted (R4-22" Zone)
(a) No person shall, within the lands zoned "R4-22" on Schedule
attached hereto, use any lot or erect, alter or use any building or
structure for any purpose except the following:
(i) detached dwelling
(2) Zone Requirements ("R4-22" Zone)
No person shall within the lands designated "R4-22" on Schedule
attached hereto use any lot or erect, alter or use any building or structure
except in accordance with the following provisions:
• (i) Lot Frontage (minimum):
A ' 16.0 metres
B 14.0 metres for lots in the hatched and cross hatched
areas as shown on Schedule II attached to this by-law
(ii) Lot Area (minimum): 460 square metres
(iii) Front Yard Depth (minimum):
A 7.5 metres for lots fronting Park Crescent
B 4.5 metres to the dwelling and 6.0 metres to the
garage for all other lots
(iv) Side Yard Width (minimum):
A 1.2 metres
B 2.0 metres on the south side yard of the properties
abutting existing residential to the south along
Cliffview Road and Park Crescent,as shown on •
Schedule III attached to this by-law
(v) Flankage Side yard width (minimum): 2.7 metres
(vi) Rear Yard Depth (minimum): 7.5 metres .
By-law No. 7312/13 Page 5
(vii) Building Height (maximum):
■ A 9.0 metres for all properties fronting or adjacent to
Park Crescent with a front yard depth less than
10.0 metres
B 9.5 metres for all properties fronting or adjacent to
Park Crescent with a minimum front yard depth of
10.0 metres
C 10.0 metres for all properties fronting or adjacent to
Park Crescent with a minimum front yard depth of
12.5 metres
D 10.7 metres for all properties fronting or adjacent to
Park Crescent with a minimum front yard depth of
15.0 metres
E 10.7 metres for properties fronting Cliffview Road and
not abutting Park Crescent
(viii) Lot Coverage (maximum):
A 33 percent
B 40 percent for lots in the cross hatched and dashed °
areas as shown on Schedule II attached to this by-law
(x) Garage Requirements:
minimum one private garage per lot and the vehicular
entrance of which shall be located not less than 6.0 metres
from the front lot line and not less than 6.0 metres from any
side lot line immediately adjoining or abutting a reserve on
the opposite side of which is the street
(xi) Garage Projection (maximum): _
A 2.0 metres beyond the wall containing the main
entrance to the dwelling unit, except where a covered
and unenclosed porch extends a minimum of
1.8 metres from the wall containing the main entrance
to the dwelling unit, in which case no part of any
attached private garage shall extend more than
3.0 metres beyond the wall containing the main
entrance to the dwelling unit
B despite A above, where the front wall is not the wall
containing the main entrance to the dwelling unit,
garages shall not extend beyond the front wall of the
dwelling for any lots fronting Park Crescent
By-law No. 7312/13 Page 6
(xii) Obstruction of Yards (maximum):
A any unenclosed porches not exceeding 1.5 metres in
height above established grade, may encroach a
maximum of 2.0 metres into the required minimum
front yard and minimum flankage side yard
B ' any uncovered decks, platforms and steps not •
exceeding 1.5 metres in height above established
grade, may encroach a maximum of 3.0 metres into
the required rear yard
C bay, bow or box window may encroach a maximum
into required yards as follows:
(I) front yard 0.6 metres
(II) flankage yard 0.6 metres
(Ill) rear yard 0.6 metres l
(IV) eaves above these
features: may project to a further
0.6 metres into the
required front, flankage
or rear yards
6. Provisions ("R4-HL" Zone)
•
(1) Uses Permitted ("R4-HL" Zone) -
(a) No person shall within the lands designated "R4-HL" on Schedule
attached hereto, use any lot or erect, alter or use any building or •
structure for any purpose except the following:
(i) existing detached.dwelling
(2) Zone Requirements ("R4-HL" Zone)
On lands zoned "R4-HL" the minimum lot frontage shall be 41 metres and
the minimum lot depth shall be 59 metres.
The minimum yards shall be the yards existing on the date this by-law
came into effect. However, yards, except the front yard, may be
decreased by 10% subject to an approved heritage permit application.
r.
By-law No. 7312/13 Page 7
7. Provisions ("OS-HL" Zone)
(1) Uses Permitted ("OS-HL" Zone)
(a) No person shall within the lands designated "OS-HL" on Schedule I
attached hereto, use any lot or erect, alter or use any building or
structure for any purpose except the following:
(i) preservation and conservation of the natural environment,
soil and wildlife
(ii) resource management
(iii) , pedestrian trails and walkways
(2) Zone Requirements ("OS-HL" Zone)
No buildings or structures shall be permitted to be erected, nor shall the
placing or removal of fill be permitted, except where buildings or structures
are used only for purposes of flood and erosion control, resource
management, or pedestrian trail and walkway purposes.
8. Provisions ("(H) R4-22" Zone)
•
(1) Uses Permitted ("(H) R4-22" Zone)
(a) Until such time as the "(H)" Holdin Provision is lifted, the lands
shall not be used for any purpose other than the use permitted by
Section 7 of this by-law.
(2) Zone Requirements ("(H) R4-22" Zone)
The "(H)" Holding Symbol shall not be removed from the "R4=22" zone until
the completion of the following:
(a) Appropriate arrangements have been made to the satisfaction of the
City of Pickering including provisions that all the requirements for the
development of the-proposed pedestrian connection located on the
OS-HL lands have been complied with, including but not limited to,
engineering requirements, lighting, maintenance, and conformity to the
City Accessibility Standards.
9. 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 Schedule I attached hereto. Definitions and subject matters not
specifically dealt with in this By-law shall be governed by relevant provisions of
By-law 2511, as amended. .
By-law No. 7312/13 Page 8
10. Effective Date
This By-law shall come into force in accordance with the provisions of the
Planning Act.
By-law passed this 28th day of October, 2013.
C
David Rya - ..
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Debbie Shields, City Clerk
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SCHEDULE I TO BY-LAW 7312/13
PASSED THIS 28th
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SCHEDULE II TO BY-LAW 7312/13
PASSED THIS 28th .
DAY Or • October 2013
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SCHEDULE ID TO BY-LAW 7312/13
PASSED THIS. 28th
DAY OF October 2013
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