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HomeMy WebLinkAboutBy-law 7830/21The Corporation of the City of Pickering By-law No. 7830/21 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 Lots 31 and 32, Concession 2 South, Now Parts 2 to 4 and 6, 40R-29566 and Part 2, 40R-29965, City of Pickering (A 01/19) Whereas the Council of The Corporation of the City of Pickering deems it desirable to permit a common element condominium consisting of detached dwellings on lands being Part of Lots 31 and 32, Concession 2 South, Now Parts 2 to 4 and 6, 40R-29566 and Part 2, 40R-29965, City of Pickering; And whereas an amendment to Zoning By-law 3036, as amended, is therefore deemed necessary; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1.Schedules Schedule I and Schedule II to this By-law 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 Part of Lots 31 and 32, Concession 2 South, Now Parts 2 to 4 and 6, 40R-29566 and Part 2, 40R- 29965, in the City of Pickering, designated “S4-20” and “S4-21” on Schedule I to this By-law. 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)“Air Conditioner” shall mean any mechanical equipment which is required for residential domestic use and which must be installed outdoors including central air conditioning units, heat pumps, heat exchange units, emergency generators and other such equipment. (2)“Amenity Area” shall mean an outdoor area located anywhere on a lot, or the roof of a parking structure, private garage or any other building which includes landscape area, but which may also include areas of decking, decorative paving or other similar surface and includes a balcony, porch or deck and which has direct access from the interior of the dwelling unit. By-law No. 7830/21 Page 2 (3)“Balcony” shall mean 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. (4)“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. (5)“Condominium, Common Element” shall mean spaces and features owned in common by all shareholders in a condominium and may include private streets, walkways and parking an amenity areas. (6) (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; (d)“Dwelling, Semi-Detached” shall mean a residential use building containing two attached principal dwelling units that are divided vertically, with each unit having frontage on a street, except where located within a planned unit development; (e)“Multiple Dwelling – Horizontal” shall mean a building containing three or more dwelling units attached horizontally by an above-grade wall or walls. (7) (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. (8)“Height, Building” shall mean the vertical distance between the 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. (9) (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, By-law No. 7830/21 Page 3 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. (10)“Park, Private” means a park which is maintained by a condominium corporation. (11)“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. (12)“Storey” means 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 above it. (13)(a) “Street” shall mean a public highway but does include a lane. Where a 0.3 metre reserve abuts a street, or where a daylight triangle abuts a street, for the purposes of determining setbacks the street shall be deemed to include the 0.3 metre reserve and/or the daylight 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. (b)“Street, Private” means: i)a right-of-way or roadway that is used by vehicles and is maintained by a condominium corporation; ii)a private road condominium, which provides access to individual freehold lots; iii)a roadway maintained by a corporation to provide vehicular and pedestrian access to parking lots and individual retail/commercial units; iv)a private right-of-way over private property, that affords access to lots abutting the private street, but is not maintained by a public body and is not a lane. (14)“Tandem Parking Space” means two or more parking spaces abutting each other end to end with only one having access to an aisle. (15)“Water Meter Building” shall mean a building or structure that contains devices supplied by the Region of Durham which measure the quantity of water delivered to a property. By-law No. 7830/21 Page 4 (16)(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; (j)“Interior Side Yard” shall mean a side yard other than a flankage side yard. By-law No. 7830/21 Page 5 5.Provisions ("S4-20” and “S4-21” Zones) (1)Uses Permitted (“S4-20” and “S4-21” Zones) (a)No person shall within the lands zoned “S4-20” and “S4-21” 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)dwelling, detached (2)Zone Requirements “S4-20” and “S4-21” Zones) No person shall within the lands zoned “S4-20” and “S4-21” on Schedule I to this by-law, use any lot or erect, alter or use any building or structure except in accordance with the following provisions: “S4-20” Zone “S4-21” Zone (a) Number of Dwellings Maximum number of dwellings: 42 (b) Lot Frontage (minimum) 11.3 metres 10.5 metres (c) Lot Area (minimum) 300 square metres (d) Front Yard Depth (minimum) 4.5 metres (e) Side Yard Width (minimum) 1.2 metres on one side and 0.6 metres on the other side (f) Rear Yard Depth (minimum) (i)7.0 metres (ii)6.5 metres for a lot in the diagonally crossed area as shown on Schedule II (iii)5.0 metres for a lot in the crossed-hatched area as shown on Schedule II (g) Flankage Yard Width (minimum) 2.5 metres (h) Building Height (maximum) 11.0 metres By-law No. 7830/21 Page 6 “S4-20” Zone “S4-21” Zone (i) Lot Coverage (maximum) 50 percent (j) Parking Requirements (minimum) 2.0 parking spaces per dwelling, plus an additional 1.0 parking space per accessory dwelling unit (k) Visitor Parking Requirements (minimum) 0.25 of a parking space per dwelling, which may be provided on a separate lot (l) 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 common element condominium street or sidewalk (m) Interior Garage Size (minimum) A private garage shall have a minimum width of 5.4 metres and a minimum depth of 5.9 metres provided, however, the width may include one interior step and the depth may include two interior steps (n) Driveway Width (maximum) 5.8 metres (o) Private Park Areas (minimum) 240 square metres (3)Obstruction of Yards (“S4-20” and “S4-21” Zones) (a)Projections such as window sills, chimney breasts, fireplaces, belt courses, cornices, pilasters, 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 of a metre or half the distance of the required yard, whichever is less; (b)Eaves and eave troughs may be permitted in any yard, provided that no such feature projects into the required yard more than 0.45 of a metre; (c)An uncovered deck, covered or uncovered porch and associated stairs may encroach into any required front yard to a maximum of 2.5 metres; By-law No. 7830/21 Page 7 (d)A covered or uncovered porch 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; (e)Stairs to a covered or uncovered porch may encroach to within 0.6 of a metre of a flankage lot line; (f)An uncovered porch or uncovered deck, and uncovered stairs, may encroach a maximum of 2.5 metres into any required rear yard; (g)Stairs to an entrance may encroach to within 0.6 of a metre of a side lot line; (h)Uncovered decks, uncovered balconies and associated stairs having access from a second storey are not permitted, except: a.On lots within the diagonally crossed area and crossed-hatched area on Schedule II, where they are permitted to encroach a maximum of 3.0 metres into the required rear yard; or, b.Where a minimum setback of 7.0 metres can be maintained between the rear lot line and the nearest limit of the uncovered deck and associated stairs or uncovered balcony; (i)A bay, box or bow window, with or without foundation, having a maximum width of 4.0 metres may encroach into any required front, rear or flankage yard to a maximum of 0.6 of a metre or half the distance of the required yard, whichever is less; (j)Eaves or eaves troughs located on or as part of a permitted bay, box or bow window may encroach an additional 0.45 of a metre into the required yard; (k)Stairs to a below grade access are permitted to encroach a maximum of 2.0 metres into any required rear yard; (l)Air conditioners are permitted on a lot provided they are located in the rear yard or side yard. Such units shall not be located any closer than 0.6 of a metre to a side lot line and shall not be located on any easement in favour of the City. (4)Special Regulations (“S4-20” and “S4-21” Zones) (a)Despite the provisions 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 I to this By-law; (b)A water meter building required by the Region of Durham for the purpose of measuring the quantity of water delivered shall be exempt from “S4-20” and “S4-21” zone use provisions and zone requirements; By-law No. 7830/21 Page 8 (c)One accessory dwelling unit is permitted within each detached dwelling as permitted by Section 5(1)(a)(i) of this By-law, provided that such accessory dwelling unit does not exceed 150 square metres; (d)Section 5.22 of By-law 3036, as amended, shall not apply to the lands zoned “S4-20” and “S4-21” on Schedule I of this By-law. 6.Model Homes (1)Despite the provisions of Section 6.1 of By-law 3036, a maximum of four Model Homes with no fewer than two parking space per Model Home, may be constructed on the lands zoned “S4-20” and “S4-21” as set out in Schedule I to this By-law prior to the division of those lands by registration of a plan of subdivision or plan of condominium; and (2)For the purpose 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. 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 to 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 22nd day of March, 2021 ___________________________________ David Ryan, Mayor ___________________________________ Susan Cassel, City Clerk Original Signed By: Original Signed By: S4-20 S4-21 Finch Avenue Clerk Mayor Schedule I to By-LawPassed ThisDay of i N7830/2122nd March 2021 107.5m 72.5m185.1m73.3m51.5m 27.3m15.2m67.7m30.1m 76.9m68.1m31.8m 31.8m 28.9m29.2mCOMMON ELEMENT ROADOriginal Signed By: Original Signed By: Finch Avenue Clerk Mayor Schedule II to By-LawPassed ThisDay of i N7830/2122nd March 2021 31.8m 29.2mCOMMON ELEMENT ROAD145.3m 37.7m33.8m62.7m24.2m17.4m 23.4m25.2m 58.9m107.5m 15.2mOriginal Signed By: Original Signed By: