HomeMy WebLinkAboutBy-law 7384/14 The Corporation of the City of Pickering
By-law No. 7384/14
Being a By-law to amend Restricted Area (Zoning) By-law
3036, as amended, to implement the Official Plan of the City of
Pickering, Region of Durham, Part of Lot 18, Concession 2,
City of Pickering (A17/11 & SP-2011-04)
Whereas the Council of The Corporation of the City of Pickering received an application'
to rezone the subject lands being Part of Lot 18, Concession 2, in the City of Pickering
to permit residential, parkland, open space and stormwater management uses;
And whereas it is appropriate to amend By-law 3036, as amended, to permit such uses;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. Schedule
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 only apply to those lands being Part of Lot 18,
Concession 2, City of Pickering, designated "S4-11", "SA-14", "SA-15", "NP",
"OS-HL", and "UR" 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, and may, or may not
include a window seat, and may include a door;
(2) "Corner Rounding" shall mean a.lot line of a corner lot at the intersection
of two street lines in the form of an arc, that joins the front lot line to the
flankage lot line;
By-law 7384/14 Page 2
(3) (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 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, Single or Single Detached or Detached Dwelling" shall
mean a dwelling containing one dwelling unit and uses accessory
thereto which is freestanding from other main structures;
(d) "Dwelling, Single Attached or Single Attached Dwelling" shall mean
one of a group of not less than 3 adjacent dwelling units attached
together horizontally by an above ground common wall;
(4) "Front Lot Line" shall mean the line that divides a lot from the street or a
0.3 metre reserve provided that, in the case of a corner lot, the shorter lot
line that abuts a street shall be deemed to be the front lot line and the
longer lot line that so abuts shall be termed the "flank" of the lot;
(5) "Lane" shall mean a thoroughfare not intended for general traffic
circulation that provides means of vehicular access to the rear of a lot
where the lot also fronts or flanks onto a street, or where a lot fronts onto
public or private open space. The lane may be maintained by a
condominium corporation as a private road condominium or by a
governmental authority;
(6) (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 Frontage" shall mean the width of a lot between the side lot lines
measured along a line parallel to and 7.5 metres distance from the
front lot line;
(c) "Lot Line" shall mean a line delineating any boundary of a lot;
(7) "Neighbourhood Park" shall mean a municipal park;
(8) "Private Garage" shall mean an enclosed or partially enclosed structure for
the storage of one or more vehicles, in which structure no business or
service is conducted for profit or otherwise;
(9) "Storey" shall mean that portion of a building other than a basement, cellar
or attic, included between the surface of any floor and the surface of the
floor, roof deck or ridge next above it;
By-law 7384/14 Page 3
(10) "Street" shall mean a public highway but does not include a lane. Where a
0.3 metre reserve abuts a street, or where a daylighting triangle abuts a
street, for the purposes of determining a front lot line, flankage lot line,
flankage yard and corner lot, the street shall be deemed to include the
0.3 metre reserve and/or the daylighting triangle; however, nothing herein
shall be interpreted as granting a public right of access over the 0.3 metre
reserve or as an assumption of the 0.3 metre reserve as a public highway
for maintenance purposes under the Municipal Act;
(11) (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;
(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 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.
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5. Provisions ("S4-11", "SA-14", and "SA-15" Zones)
(1) Uses Permitted ("S4-11" Zone)
No person shall, within the lands designated "S4-11" on Schedule I attached
hereto, use any lot or erect, alter or use any building or structure for any
purpose except the following:
• (a) single dwelling
(2) Zone Requirements ("S4-11" Zone)
No person shall, within the lands designated "S4-11" on Schedule I attached
hereto, use any lot or erect, alter or use any building or structure except in
accordance with the following provisions:
(a) Lot Frontage (minimum): 9.0 metres
(b) Lot Area (minimum): 225.0 square metres
•
(c) Lot Depth (minimum): 25.0 metres
(d) Front Yard Depth (minimum): 3.0 metres
(e) Interior Side Yard Width 1.2 metres on one side and
(minimum): 0.6 metres on the other side
and provided there is a
minimum 1.2 metres
separation between dwellings
• on adjacent lots
(f) Flanking Side Yard Width 2.4 metres
(minimum):
(g) Rear Yard Depth (minimum): 7.0 metres
(h) Building Height (maximum): 12.0 metres
(i) Driveway Width (maximum): 55 percent of lot frontage
(j) Lot Coverage for All Accessory 15 square metres •
Buildings (maximum):
(3) Uses Permitted ("SA-14" and "SA-15" Zones)
(a) No person shall, within the lands designated "SA-14" on Schedule I
attached hereto, use any lot or erect, alter or use any building or '
structure for any purpose except the following:
(i) single attached dwelling accessed from a street
By-law 7384/14 Page 5
(b) No person shall, within the lands zoned "SA-15" on Schedule I attached
hereto, use any lot or erect, alter or use any building or structure for any
purpose except the following:
•
(ii) single attached dwelling accessed from a lane
(4) Zone Requirements ("SA-14" and "SA-15" Zones)
No person shall, within the lands designated "SA-14" and "SA-15" on
Schedule I attached hereto, use any lot or erect, alter or use any building or
structure except in accordance with the provisions as set out in the following
table:
SA-14 SA-15
Zone Zone
(a) Lot Frontage
(Minimum) 6.0 metres 5.0 metres
(b) Lot Area
(Minimum) 150 square metres 115 square metres
(c) Lot Depth
(Minimum) 24.0 metres 23.0 metres
(d) Front Yard
Depth 3.0 metres
(minimum)
(e) Interior Side 1.2 metres, except where dwellings on abutting
Yard Width lots share a common wall, no interior side yard
(minimum) shall be required adjacent to that wall on either lot
(f) Flanking Side
Yard Width 2.4 metres
(minimum)
(g) Rear Yard
Depth 7.0 metres 6.0 metres
(minimum)
•
By-law 7384/14 Page 6
SA-14 SA-15
Zone Zone
(h) Building
Height 13.0 metres
(maximum)
(i) Driveway
Width 50 percent of the lot 3.0 metres
(maximum) frontage
(j) Lot Coverage
of All
Accessory 15.0 square metres
Buildings
(maximum)
(5) Special Provisions ("S4-11", "SA-14" and "SA-15" Zones)
The following special provisions shall apply to all lands designated "S4-11",
"SA-14", and "SA-15"
(a) Setback from Clause 5.22 of By-law 3036, as amended, shall
Brock Road: not apply to lands designated "SA-15" on
Schedule I attached hereto;
(b) Corner Rounding Despite any front yard depth or flankage side yard
Setback width requirement, on a corner lot, the setback to
(minimum): a corner rounding shall be 1.75 metres;
(c) Parking Despite Section 21.2 of By-law 3036, as
Requirement amended, two private parking spaces per
(minimum): dwelling unit which can be provided either within
an attached garage or with one parking space in
an attached garage and one parking space in a
driveway immediately in front of the parking
garage for that dwelling unit;
(d) Garage One private garage per lot, any vehicular
Requirements entrance of which shall be located not less than
(minimum): 6.0 metres from the front lot line or rear lot line for
lots accessed by a lane and not less than
6.0 metres from any side lot line immediately
adjoining a street or abutting a reserve on the
opposite side of which is a street;
(e) Garage Parking Each parking space within a private garage shall
Size (minimum): have a minimum width of 2.9 metres and a
minimum depth of 6.0 metres provided, however,
that the width may include one interior step and
the depth may include two interior steps;
By-law 7384/14 Page 7
(f) Garage Projection 2.0 metres beyond the wall containing the main
(maximum): 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;
(g) Yard Encroachments
In addition to the provisions of Section 5.7 of By-law 3036, as
amended, and despite Section 5.(5)(b) of this By-law, the following
shall also apply:
(i) a covered or unenclosed porch, veranda or balcony, with or
without a foundation, may have the following minimum setbacks:
A to front lot line: - 1.0 metres
B to flankage lot line: - 1.0 metres
C to interior side lot line: - 0.6 metres
D to rear lot line: - 5.0 metres
E to a corner rounding: - 1.0 metres
F eaves above these - a further 0.6 metres into any
features may project: required yard or corner rounding
setback
(ii) uncovered steps minimum - 0.4 metres
setback to a front lot line:
(iii) uncovered decks of any height are permitted in the rear yard
provided minimum setbacks are provided as follows:
A to interior side lot - 0.6 metres
line:
B to flankage lot line: - 1.0 metres
C to rear lot line: - 3.0 metres
D steps from a deck: - may encroach an additional
1.2 metres onto the rear yard
By-law 7384/14 Page 8
(iv) bay, bow or box windows may encroach a maximum into required
yards as follows:
A front yard: - 0.6 metres
B flankage yard: - 0.6 metres
C rear yard: - 1.0 metres
D eaves above - may project to a further 0.6 metres into any
these features: required yard or corner rounding setback
6. Provisions ("UR" Zone)
(1) Uses Permitted ("UR")
No person shall within the lands designated "UR" on Schedule I attached hereto
use any lot or erect, alter or use any building or structure for any purpose except
for outdoor recreation uses without buildings or structures.
7. Provisions ("OS-HL" Zone)
(1) Uses Permitted ("OS-HL")
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 except the
following:
(a) resource management, including a stormwater management facility;
(b) pedestrian and bicycle trails; -
(2) Zone Requirements ("OS-HL" Zone)
No buildings or structures shall be permitted to be erected except where
buildings or structures are used only for purposes of resource'management,
including a stormwater management facility; pedestrian and/or bicycle trails.
8. Provisions("NP" Zone")
(1) Uses Permitted ("NP")
No person shall within the lands designated "NP" on Schedule I attached
hereto use any lot or erect, alter or use any building or structure for any •
purpose except the following:
•
(a) neighbourhood park
By-law 7384/14 • Page 9
9. Model Homes
(1) Notwithstanding any provisions in By-law 3036 to the contrary, a maximum of
8 Model Homes, together with no fewer than two parking spaces per Model
Home, may be constructed on the lands set out in Schedule I attached to this
By-law prior to the division for these lands by registration of a plan of
subdivision;
(2) For the purposes of this By-law, "Model Home" shall mean a dwelling unit
which is not used for residential purposes, but which is used exclusively for
sales, display and marketing purposes pursuant to an agreement with the
City of Pickering.
10. 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 appears to the area
set out in Schedule I attached hereto. Definitions and subject matter not
specifically dealt with,in this By-law shall be governed by relevant provisions of
By-law 3036, as amended.
11. Effective Date
This By-law shall come into force in accordance with the provisions of the
Planning Act.
By-law passed this 15th day of September, 2014.
David Ryan, M. v or
Debbie Shields, City Clerk
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SCHEDULE I TO BY-LAW 7384/14
PASSED THIS 15th
DAY OF September 2014
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MAYOR -iir
CLERK .