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HomeMy WebLinkAboutBy-law 7793/20The Corporation of the City of Pickering By-law No. 7793/20 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, being Lots 60 and 61, Plan 418, City of Pickering (A 07/19) Whereas the Council of The Corporation of the City of Pickering received an application to rezone the subject lands being Lots 60 and 61, Plan 418, in the City of Pickering to permit the development of 8 lots for detached dwellings accessed from an internal public road; · And whereas an amendment to Zoning By-law 2511, 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 I 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 being Lots 60 and 61, Plan 418, in the City of Pickering, designated "S4-18", "S4-19" and<'(H) S4-19" on Schedule I attached hereto. · 3. General Provisions No building, structure, land or part thereof shall hereafterbe 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 ori front face in plan; one or more storeys in height, which may or may not include a foundation; may or may not inqlude a window seat; and may include a door. (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. By-law No. 7793/20 Page 2 (3) (4) (5) (6) .(7) (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 singl~ dwelling which is freestanding, separate and detached from other main buildings or structures. (d) "Dwelling, Detached Bungalow" shall mean a single dwelling which is freestc1nding, separate and detached from other main buildings or structures that is limited to a maximum building height of one (1) storey. "Dwelling Depth" shall mean a horizontal distance measured from the front wall of a dwelling to the rear wall of a dwelling, excluding any allowable projection. "Floor Area ,. Residential" shall mean the area of the floor surface contained within the outside walls of a storey or part of a storey. "Front Entrance" shall mean the principc1I entrance oriented towards the front lot line providing access to the interior of a dwelling from the exterior and does not include an access provided through an attached private garage. In the case.of a corner lot, the principal entr.ance providing access . to the interior of a dwelling from the exterior may be oriented towards the side lot line that is adjacent to the street, or abutting on a reserve on the opposite side of which is a street. "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. (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 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. (8) "Private Gc1rage" shall mean an enclosed or partially enclosed structure for the storage of one or more vehicles, in which structure no busine~s or service is conducted for profit or otherwise. By-law No. 7793/20 Page 3 _(9) "Storey" shall mean the 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. (10) (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, u'ncovered, 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 stru1:;ture 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 Jot, 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. G) "Interior Side Yard" shall mean a side yard other than a flankage side yard. (11) "Wall, Front" shall mean the wall of the dwelling closest to the front lot line. By.,.law No. 7793/20 Page 4 5. Provisions (1) Uses Permitted ("S4-18" and "S4-19" Zone) No person shall within the lands zoned "S4-18" and "S4-19)Jon Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (a) Dwelling, Detached (b) Dwelling, Detached Bungalow (2) Zone Requirements ("$4-18" and "S4-19" Zones) No person shall within the lands zoned "S4-18" and "S4,.19" on Schedule I attached hereto, use any lot or erect, alter, or use any building except in accordance with the following provisions: "S4-18" Zone · "S4-19" Zone (a) Lot Frontage 15.0 metres 12.2 metres (minimum) (b) Lot Area 500 square metres (minimum) (c) Front Yard Depth 7.5 metres 6.0 metres (minimum) (d) Side Yard Depth 1.2 metres on one side, and (minimum) 1 . 5 metres on both sides 0.6 of a metre on the other. side Flankage Yard Depth (e) 4.0 metres (minimum) (f) R.earYard Depth 7.5 metres 10.0 metres (minimum) .· . (g) Dwelling Depth 17.7 metres 18.5 metres (maximum) (h) Height of Front Entrance 1.2 metres between established grade and the top of the floor (maximum) immediately inside the front entrance (i) Building Height 9.0 metres (maximum) U) Lot Coverage 33 percent 35 percent (maximum) (k) Parking Requirements A minimum of 2 parking spaces per dwelling unit for resident, (minimum) one of which must be provided within an attached private garage. By-law No. 7793/20 Page 5 "S4-18" Zone "S4-19" Zone (I) Driveway Width Maximum drivewaywidth shall not exceed the width of the (maximum) exterior walls of the private garage(s). (m) 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 a street or abutting on a reserve on the opposite side of which is a street. (n) Interior, Garage Size Each parking space within a private garage shall have a (minimum) minimum width of 5.6 metres and a minimum depth of 6.0 metres; however, the width may include one interior step and the depth may include two interior steps. (o) Garage Projection A maximum 2.0 metres projection beyond the wall containing the main entrance to the dwelling unit, except where a covered and unenclosed porch extends a minimurnof1 .8 metres from th.e 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 entranc~ to the dwelling unit. {3) Special Provisions The following special provisions shall apply to lands zoned "S4-18" and "S4-19" on Schedule I: (a) Obstruction of Yards (maximum): (i) uncovered and covered unenclosed porches and associated stairs not exceeding 1.2 metres in height above established grade may encroach a maximum of 2.0 metres into the minimum required front or flankage yard; (ii) uncovered balconies, decks and associated stairs, not exceeding 1 .. 5 metres in height above grade may encroach a maximum of 3.0 metres into the required rear yard, provided they are setback 0.6 metres from a side lot line; (iii) balconies located above the first floor projecting or inset in the rear are prohibited; (iv) bay, box or bow window, with or without foundation, having a width of up to 4.0 metres may encroach a maximum of Q.6 metres into any required yard or half the required side yard, whichever is less; and (v) window sills, chimney breasts, fireplaces, belt courses, cornices, pilasters, eaves, eaves troughs, and other similar architectural features are permitted to project a maximum of 0.6 metres into any required yard and are required to be setback 0.6 metres from a side lot line. By-law No. 7793/20 Page 6 (b) Despite Sectio.n 2.46(c) of By-law 2511, as amended, the following definitions shall apply to the lands identified in a cross-hatched pattern on Scheule I: (i) ".Front Lot Line" shall mean the most northerly lot line. (ii) "Rear Lot Line" shall mean the lot line running parellel to.and opposite of the front lot line. (iii) "Side Lot Line" shall mean all other lot lines that are not a front lot line or rear lot line. (c) Desipte Sections 5(2)(g), 5(2)(i) and 5(2)0) of this By-'law the following provisions shall apply for Dwellings, Detached Bungalow on lands zoned "S4-19" on Schedule I: (i) Building Height (maximum): 6.0 metres (ii) Dwelling Depth (maximum): 22.3 metres (iii) Lot Coverage (maximum): 42 percent 6. Provisions ("(H) 54-19" Zone) (1) Uses Permitted ("(H) S4-19" Zone). Until such time as the "(H)" Holding Provision is lifted, the lands shall not be used for any purposes other than the following: (a) Private Open Space (2) Zone Requirements ("(H) S4-19" Zone) The "(H)" Holding Symbol shall be removed from the '.'S4.;19" zone until the completion of the following: (a) Gillmoss Drive is extended further east to the satisfaction of the City. 7. Model Homes (1) Despite the provisions of Clause 6.1 of By-law 251.1, 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 i& used exclusively for sales, display and marketing purposes pursuant to an agreement with the City of Pickering. By-law No. 7793/20 Page 7 8. 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. 9. Effective Date This By-law shall come into force in accordance with the provisions of the . Planning Act. By-law passed this 23 rd day of November, 2020. Dave Ryan, Ma Su~ Gillmoss.Road 34.4m · 36.6m -0 rn E E 0 0::: ~-54;.1s-~-11---54;.19--~ 54-19 ~----'---C~o ..::£. C '4 t~~~:1'4 (H)S4-19 '? rn .c Q) Cl) 0 0::: 33.5m 36.6m 36.9m t N Schedule I to By-Law 7793/20 Passed This 23 rd Day of November 2020 Mayor / ~~-J? __ _ ci6rk ·. · .