HomeMy WebLinkAboutBy-law 7537/17 The Corporation of the City of Pickering
By-law No. 7537/17
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 10, Plan 329 (A 16/15)
Whereas the Council of The Corporation of the City of Pickering received an application
to rezone the subject lands being Part of Lot 10, Plan 329, in the City of Pickering to
permit the development of 21 lots for detached dwellings and an open space block;
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 to this By-law 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 apply to those lands in Part of Lot 10, Plan 329
in the City of Pickering, designated "S1-15", "S3-1.7" and "OS-HL" on Schedule I
to this By-law.
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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, .
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(1) "Accessory" means a use or building naturally or normally incidental to,
subordinate to or exclusively devoted to a principal use or building and
located on the same lot as the principal use or building.
(2) "Balcony" means an attached covered or uncovered platform projecting
from the face of an exterior wall, including above a porch, which is only
directly accessible from within a building, usually surrounded by a
balustrade or railing, and does not have direct exterior access to grade.
By-law No. 7537/17 Page 2
(3) "Bay, Bow, Box Window" means 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.
(4) "Deck" means a raised platform attached to the exterior wall of a building
and with direct access from within a building and from grade.
(5) (a) "Dwelling" means a building or part of a building containing one or
more dwelling units, but does not include a mobile home or trailer;
(b) "Dwelling, Detached" means a single dwelling which is freestanding,
separate and detached from other main buildings or structures;
(c) "Dwelling Unit" means 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.
(6) "Grade" means, when used with reference to a building, the average
elevation of the finished surface of the ground where it meets the exterior
of the front of such buildings and when used with reference to a structure
shall mean the average elevation of the finished surface of the ground
immediately surrounding such structure, exclusive in both cases of any
artificial embankment.
(7) "Height, Dwelling" means 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.
(8) (a) "Lot" means 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 Area" means the total horizontal area within the lot lines of a lot;
(c) "Lot Frontage" means 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;
(9) "Porch" means a roofed deck or portico structure attached to the exterior
wall of a building. A basement may be located under the porch.
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By-law No. 7537/17 Page 3
(10) "Private Garage" means 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.
(11) "Resource Management" means the preservation, protection and
improvement of the natural environment through comprehensive
management and maintenance, under professional direction for both the
individual and society's use, both in the present and the future, and shall
also mean the continuous 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;
(12) "Wall, Front" means the wall of the dwelling closest to the front lot line.
(13) (a), "Yard" means 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" means 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" means 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" means 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" means 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" means 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" means 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;
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By-law No. 7537/17 Page 4
(h) "Flankage Side Yard" means 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" means 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.
5. Provisions
(1) Uses Permitted ("S1-15" and "S3-17" Zones)
(a) No person shall within the lands zoned "S1-15" and "53-17" on
Schedule Ito this By-law, use any lot or erect, alter, or use any
building or structure for any purpose except the following:
(i) Detached Dwelling
(ii) Accessory structure
(2) Zone Requirements ("S1-15" and "53-17" Zones)
No person shall within the lands zoned "S1-15" and "S3-17" on Schedule I
to this By-law, use any lot or erect, alter, or use any building except in
accordance with the following provisions:
"S1-15" Zone "S3-17" Zone
(a) Lot Frontage 15.0 metres 12.0 metres
(minimum) -
(b) Lot Area 450 square metres 350 square metres
• (minimum)
(c) Front Yard Depth
(minimum) 4.0 metres
(d) Side Yard Depth 1.2 metres on one
(minimum) 1.2 metres , side and 0.6 metres
on the other'side
(e) Rear. Yard Depth
(minimum) 7.0 metres
(f) Flankage Yard
Depth (minimum) 2.7.metres
By-law No. 7537/17 Page 5
• "S1-15" Zone "S3-17" Zone
(g) Building Height
(maximum) 11.5 metres
(h) Parking
Requirements 2.0 parking spaces per dwelling unit
(minimum)
(i) Driveway Width
(maximum) 6.0 metres
(j) Garage Minimum 1 private garage per lot attached to
Requirements the main building, the vehicular entrance of
which shall be located not less than
6.0 metres from the front lot line
(k) Interior Garage A private garage shall have a minimum width
Size (minimum) of 2.9 metres and a minimum depth of 6.0
metres provided, however, the width may
include 1 interior step and the depth may
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include 2 interior steps
(I) 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
(3) Special Provisions ("S1-15" and "S3-17" Zones)
(a) Projections such as window sills, chimney breasts, fireplaces, belt
courses, cornices, pilasters, eaves, eave troughs and other similar
architectural features may be permitted in any required yard,
provided that no such feature projects into the required yard more
than 0.6 metres or half the distance of the required yard, whichever is
less;
(b) A porch, uncovered deck or balcony may encroach into any required
front yard to a maximum of 2.0 metres;
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(c) A porch, uncovered deck or balcony may encroach into any required
flankage yard to a maximum of 2.0 metres or half the distance of the
required yard whichever is less;
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By-law No. 7537/17 Page 6
(d) A porch or uncovered deck may encroach into any required rear yard
to a maximum of 2.0 metres;
(e) Stairs to a porch or uncovered deck may encroach to within 0.3 of a
metres of the front lot line or flankage lot line; to within 1.0 metre of a
rear lot line; and to within 0.6 metres of a side lot line; and
(f) A bay, box or bow window, with or without foundation, having a
maximum width of 4.0 metres may encroach into any required yard to
a maximum of 0.6 metres or half the distance of the required yard,
whichever is less.
(4) Uses Permitted ("OS-HL" Zone)
(a) No person shall within the lands zoned "OS-HL" on Schedule I to
this By-law, 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)
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.
6. Model Homes
(1) Despite the provisions of Section 6.1 of By-law 3036, as amended, a
maximum of 2 model homes, together with not fewer than 2 parking
spaces per Model Home, may be constructed on the lands zoned "S1-15"
and "S3-17" as 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 land
division;
(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. .
By-law No. 7537/17 Page 7
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-jaw as it applies to the area
set out in Schedule Ito this By-law. 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 16th day of January, 2017.,
David Ryan, ► •
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Lisa Harker, Deputy City Clerk
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SCHEDULE I TO BY-LAW 7537/1 7,
PASSED THIS 1 6th •
DAY OF January 2017
MAYOR
DEPUTY CLERK , V