HomeMy WebLinkAboutBy-law 7461/15 The Corporation of the City of Pickering
By-law No. 7461/15
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, Plan 1051, RCP Lot 126, Plan 40R-23692
Part 1 (A 3/15)
Whereas the Council of The Corporation of the City of Pickering received an application
to rezone the subject lands being Plan 1051, RCP Lot 126, Plan 40R-23692, Part 1, in
the City of Pickering to permit the development of a common element condominium
consisting of nine lots for detached dwellings accessed from a private road;
And whereas an amendment to Zoning 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.
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2. Area Restricted
The provisions of this By-law shall apply to those lands in Plan 1051, RCP
Lot 126, Plan 40R-23692 Part 1 in the City of Pickering, designated "S3-16" 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,
(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.
(b) "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.
By-law No. 7461/15 Page 2
(d) "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.
(e) "Dwelling, Detached" shall mean a single dwelling which is freestanding,
separate and detached from other main buildings or structures.
(f) "Floor Area - Residential" shall mean the area of the floor surface
contained within the outside walls of a storey or part of a storey.
(g) "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.
(h) "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.
(i) "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.
(j) "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.
(k) "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.
(I) "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.
(m) "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.
(n) "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.
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By-law No. 7461/15 Page 3
(o) "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.
(p) "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.
(q) "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.
(r) "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.
(s) "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.
(t) "Interior Side Yard" shall mean a side yard other than a flankage side yard.
(u) "Wall, Front" shall mean the wall of the dwelling closest to the front lot line.
5. Provisions
(1) Uses Permitted ("S3-16" Zone)
No person shall within the lands zoned "S3-16" on Schedule I attached
hereto, use any lot or erect, alter, or use any building or structure for any
purpose except the following:
(a) Detached Dwelling
(2) Zone Requirements ("S3-16" Zone)
No person shall within the lands zoned "S3-16" on Schedule I attached
hereto, use any lot or erect, alter, or use any building except in
accordance with the following provisions:
(a) Number of Lots (maximum) 9 lots
(b) Lot Area (minimum): 280 square metres
(c) Lot Frontage (minimum): 12.0 metres
(d) Front Yard Depth (minimum): 4.5 metres
(e) Side Yard Width (minimum): 1.2 metres one side
0.6 metres on the other side
By-law No. 7461/15 Page 4
(f) Rear Yard Depth (minimum): 7.0 metres
(g) Flankage Side Yard (minimum):
(i) Abutting Fairport Road 3.7 metres
(ii) Abutting internal private road 2.7 metres
(h) Building Height (maximum): 9.0 metres
(3) Special Provisions
The following special provisions shall apply to lands zoned "S3-16" on
Schedule I:
(a) Parking Requirements
A minimum of 2 parking spaces per dwelling unit for resident, one of
which must be provided within an attached private garage, and a
minimum of 5 parking spaces for visitor parking.
(b) Minimum Interior Garage Size
Each required parking space within a private garage shall have a
minimum width of 3.0 metres and a minimum depth of 6.0 metres
provided, however, the width may include one interior step and the
depth may include two interior steps.
(c) Garage Requirements
Minimum one private garage per lot attached to the main building,
the vehicular entrance of which shall be located not less than
5.5 metres from the front lot line, and not less than 6.0 metres from
any side lot line immediately adjoining a street or abutting on a
reserve on the opposite side of which is a street.
(d) 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.
(e) Maximum Driveway Width
Maximum driveway width shall not exceed the width of the exterior
walls of the private garage.
By-law No. 7461/15 Page 5
(f) Obstruction of Yards (maximum)
(i) any covered and unenclosed porch or verandah 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
flankage side 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 in to the rear yard;
(iii) any bay, bow or box window, including eaves above these
features, may encroach a maximum of 0.6 metres into any
required front yard, flankage yard or rear yard.
(4) Special Regulations
The following special regulations shall apply to lands zoned"S3-16" on
Schedule I:
(i) Despite the provision of Section 5.6 of By-law 3036, as amended, the
requirement for the frontage on a public street shall be satisfied by
establishing frontage on a common element condominium street for
the lands on Schedule Ito this By-law.
(ii) Despite Sections 5.(1) and 5.(2) of this By-law, a water meter building
required by the Region of Durham for the purpose of measuring the
quality of water delivered shall be exempted from "S3-16" zone use
provision and zone requirements.
6. Model Homes
(1) Despite the provisions of Clause 6.1 of By-law 3036, a maximum of 2 model
homes, together with not 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 of those lands by registrations of a plan of
subdivision or enacting a by-law exempting those lands from the Part Lot
Control provisions of the Planning Act.
(2) For the purpose of this By-law, "Model Home" shall mean a dwelling unit
which is not used for residential purpose, but which is used exclusively for
sales, display and marketing purposes pursuant to an agreement with the
City of Pickering.
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.
By-law No. 7461/15 Page 6
8. Effective Date
This By-law shall come into force in accordance with the provisions of the
Planning Act.
By-law passed this 14th day of December, 2015.
Dave Ryan, ► !'•r
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Debbie Shields, City Clerk
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SCHEDULE I TO BY-LAW 7461/15 • ,
PASSED THIS 14th •
DAY OF DECEMBER 2015
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MAYOR
CITY CLERK
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Cilq cif k____,„,„: FILE No:SP-2015-02, CP-2015-01 &A 03/15
u Y- APPLICANT: 1144317 Ontario Limited
;1110 �1II L PROPERTY DESCRIPTION: Plan 1051, RCP Lot 126,40R-23692, Part 1
City Development (1741 Fairport Road) DATE: Apr.21, 2015
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