HomeMy WebLinkAboutBy-law 7389/14 The Corporation of the City of Pickering
By-law No: 7389/14
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, being South Part of Lot 18, Plan 329, City of
Pickering (A 2/14)
Whereas the Council of The Corporation of the City of Pickering received an application
to rezone the subject lands being South Part of Lot 18, Plan 329, in the City of Pickering
to permit the development of 2 lots for detached dwellings and an open space block;
And whereas an amendment to By-law 3036, as amended, is required 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 are
hereby declared to be part of this By-law.
2. Area Restricted
The provisions of this By-law shall apply to those lands in South Part of Lot 18,
Plan 329, in the City of Pickering, designated "R3-9" and "OS-HL"on Schedule
attached hereto.
3. General Provisions
No 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) (a) "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 7389/14 Page 2
(2) (a) "Conservation" shall mean the wise use, protection and rehabilitation
of natural resources according to principles that assure their highest
economic, social and environmental benefits.
(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, Detached" shall mean a single dwelling which is
freestanding, separate and detached from other main buildings or
structures.
(4) (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.
(5) (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.
(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 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;
(7) (a) "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;
By-law 7389/14 Page 3
(8) (a) "Resource Management" shall mean the preservation, protection
and improvement of the natural environment through comprehensive
management and maintenance, under professional direction for
both the individual and socitety's use, both in the present and the
future, and shall also mean the management, development and
cultivation of timber resources to ensure the continous protection of
wood or wood products, the provision of proper environmental
conditions for wildlife, the protection against floods and erosion, the
protection and production of water supplies and the preservation of
the recreational resource;
(9) (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 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;
(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;
By-law 7389/14 Page 4
(j) "Interior Side Yard" shall mean a side yard other than a flankage
side yard;
5. Provisions
(1) (a) Uses Permitted ("R3-9" Zone)
No person shall within the lands zoned "R3-9" 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
(b) Zone Requirements ("R3-9" Zone)
No person shall within the lands zoned "R3-9" on Schedule
attached hereto, use any lot or erect, alter, or use any building
except in accordance with the following provisions:
(i) Lot Area (minimum): 530 square metres
(ii) Lot Frontage (minimum): 18.0 metres
(iii) Front Yard Depth (minimum): 4.0 metres
(iv) Interior Side Yard Width (minimum):
A 1.8 metres on one side, 3.0 metres
on the other
B despite (A) above, on lands shown
in cross-hatched on Schedule I
attached to this by-law, the
minimum north interior side yard
width shall be 3.0 metres
(v) Flankage Side Yard Width (minimum): 3.0 metres
(vi) Rear Yard Depth (minimum):` 6.0 metres
(vii). Lot Coverage (maximum): 40 percent
(viii) Building Height (maximum): 9.0 metres
•
By-law 7389/14 Page 5
(2) Special Provisions ("R3-9" Zone):
The following special provisions shall apply to lands zoned "R3-9" on
Schedule 1
(a) Garage Requirements: •
minimum one private garage per lot attached to the main building,
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 on a reserve on the
opposite side of which is a street;
(b) Garage Projection (maximum):
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;
(c) Obstruction of Yards (maximum):
(i) 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;
(ii) 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;
(iii) any bay, bow or box window may encroach into required yards,
a maximum as follows:
A front yard 0.6 metres
B flankage yard 0.6 metres
C rear yard 0.6 metres
D eaves above these features may project to a further
0.6 metres into the
required front or rear yards
•
By-law 7389/14 Page 6
6. Provisions
(1) (a) Uses Permitted ("OS-HL"Zone)
No person shall within the lands designated "OS-HL" on Schedule
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
(b) Zone Requirements. ("OS-HL"Zone)
(i) 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.
7. 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 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 3036, as amended.
8. 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 December, 2014.
C
David Ryan; .yor
Debbie Shields, City Clerk
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SCHEDULE .I TO BY-LAW 7389/14
PASSED THIS 15th
. DAY OF December 2014
L
MAYOR
CLERK