HomeMy WebLinkAboutBy-law 7930/22By-law No. 7930/22
By-law will be in effect upon the end of the appeal period process.
By-law passed on April 25, 2022
Deadline for appeals May 26, 2022
By-law in full force and effect upon issuance of the affidavit provided
no appeals have been received.
The Corporation of the City of Pickering
By-law No. 7930/22
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 Part of Lot 28, Range 3 BFC, now Parts 1
and 2, 40R-9413, City of Pickering (A 11/19)
Whereas the Council of The Corporation of the City of Pickering received an application
to rezone the subject lands being Part of Lot 28, Range 3 BFC, now Parts 1 and 2,
40R-9413, in the City of Pickering to permit the development of a residential
condominium consisting of stacked townhouse units accessed from a private road;
And whereas an amendment to Zoning By-law 3036, as amended by By-law 7437/15, is
therefore deemed necessary;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1.Schedules I, II and III
Schedules I, II and III 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 in Part of Lot 28, Range 3
BFC, now Parts 1 and 2, 40R-9413 in the City of Pickering, designated “MU-33”
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)“Amenity Area” means 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.
(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. 7930/22 Page 2
(3)“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.
(4)“Build-to-zone” shall mean an area of land in which all or part of a building
elevation of one or more buildings is to be located.
(5)“Bicycle Parking Space” shall mean an area used exclusively for parking
or storing a bicycle.
(6)(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 Unit” means a residential unit that:
i)consists of a self-contained set of rooms located in a building or
structure;
ii)is used or intended for use as a residential premises;
iii)contains kitchen and bathroom facilities that are intended for the
use of the unit only; and
iv)is not mobile home or any vehicle.
(c)“Dwelling, Stacked” means a residential use building of four or fewer
storeys in height containing three or more principle dwelling units
where the units are divided horizontally and vertically, and in which
each dwelling unit has an independent entrance to the unit.
(7)“Grade” or “Established Grade” means the average elevation of the
finished level of the ground adjoining all exterior walls of a building.
(8)“Height, Building” shall mean the vertical distance between the established
grade, 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 level between eaves and
ridge. When the regulation establishes height in storeys, means the
number of storeys. The height requirements of this By-law shall not apply
to roof top mechanical penthouse.
(9)“Landscaped Area” means an outdoor area on a lot comprising
recreational elements, trees, plants, decorative stonework, retaining walls,
walkways, or other landscape or architectural elements, excluding areas
for loading, parking or storing of vehicles.
(10)“Parapet Wall” shall mean the portion of an exterior wall extending above
the roof.
(11)“Park, Private” shall mean a park which is maintained by a condominium
corporation.
By-law No. 7930/22 Page 3
(12) “Porch” means a roofed deck or portico structure attached to the exterior
wall of a building, a basement may be located under the porch.
(13) “Primary Entrance Door” means the principal entrance by which the
resident enters or exists a dwelling unit.
(14) “Storey” shall mean that 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.
(15) “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 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.
(16) “Wall, Front” shall mean the wall of the dwelling closest to the front lot line.
(17) “Water Meter Building” means a building or structure that contains devices
supplied by the Region of Durham which measures the quality of water
delivered to a property.
5. Provisions (“MU-33” Zone)
(1) Uses Permitted (“MU-33” Zone)
(a) No person shall within the lands zoned “MU-33” on Schedule I
attached hereto, use any lot or erect, alter, or use any building or
structure for any purpose except the following:
(i) Dwelling, Stacked
(2) Zone Requirements (“MU-33” Zone)
No person shall within the lands zoned “MU-33” on Schedule I to this
By-law, use any lot or erect, alter, or use any building except in
accordance with the following provisions:
(a) Number of Dwelling Units:
(i) Minimum number of dwelling units: 23 units
(ii) Maximum number of dwelling units: 88 units
By-law No. 7930/22 Page 4
(b) Building Location and Setbacks:
(i) No building or part of a building, or structure shall be erected
outside of the building envelope as illustrated on Schedule II
attached hereto;
(ii) No building or portion of a building or structure shall be
erected within the building envelope, unless a minimum of
60 percent of the entire length of the build-to-zone, as
illustrated on Schedule II attached hereto, contains a
continuous portion of the exterior wall of a building;
(iii) A minimum separation between buildings of 12.0 metres,
excluding any parking garage stair access and parking
garage structure.
(iv) A below grade parking structure shall be permitted beyond
the limits of the building envelope as identified on
Schedule II attached hereto, but no closer than 15.0 metres
from the north lot line and no closer than 4.5 metres from all
other lot lines.
(c) Building Height:
(i) Maximum Building Height: 13.0 metres (4 storeys)
(d) Private Outdoor Amenity Area:
(i) Minimum: 4.5 square metres per dwelling unit
(e) Private Park Area:
(i) Minimum: 540 square metres
(f) Parking Requirements:
(i) Minimum 1.0 parking space per dwelling unit plus 0.2 of a
parking space per dwelling unit for visitors.
(ii) Surface parking spaces shall not be permitted within
15.0 metres of the north property line.
(iii) Air vents constructed in association with a below grade
parking structure are permitted to project to a maximum of
1.2 metres above established grade, but no closer than
4.0 metres to a street line.
(g) Bicycle Parking Requirements
(i) Minimum 1.0 bicycle parking space per dwelling unit.
By-law No. 7930/22 Page 5
(ii) Dimensions:
(a) if located in a horizontal position (on the ground): a
minimum length of 1.8 metres and a minimum width of
0.6 metres;
(b) if located in a vertical position (on the wall): a
minimum length of 1.5 metres and a minimum width
of 0.5 metres.
(iii) A minimum of 50 percent of the required bicycle parking
spaces must be located within:
(a) a building or structure;
(b) a secure area such as a supervised parking lot or
enclosure; or
(c) bicycle lockers.
(3) Special Provisions (“MU-33” Zone)
(a) Obstruction of Yards
(i) Despite Section 5(2)(b)(i), stairs, covered and uncovered
porches and platforms, parking garage structure, bay, box
and bow windows, balconies, eaves, canopies, window sills
and other similar features are permitted to project beyond
the building envelope as illustrated on Schedule II, but not
closer than 1.0 metre to any lot line;
(ii) Despite Section 5(2)(b)(i), canopies, pergolas and other
similar ornamental structures shall be permitted beyond the
limits of the building envelope as illustrated on Schedule II;
(iii) Despite Section 5(2)(b)(i), air conditioners are permitted
beyond the limits of the building envelope as illustrated on
Schedule II, but not closer than 3.0 metres to any lot line;
(iv) Despite Section 5(2)(b)(i), waste shall be stored within a fully
enclosed building, structure or partially underground
structure, which shall be permitted to be located beyond the
limits of the building envelop as identified on Schedule II
attached hereto.
(b) Despite Sections 5(1)(a) and 5(2) of this By-law, a water meter
building required by the Region of Durham for the purpose of
measuring the quantity of water delivered shall be exempt from the
“MU-33” zone use provisions and zone requirements.
By-law No. 7930/22 Page 6
(c)Despite Sections 5.7, 5.21.2 and 5.22 of By-law 3036, as amended,
shall not apply to the lands zoned “MU-33” on Schedule I attached
hereto.
(d)A landscaped area shall be provided along the north property line
as identified on Schedule III.
6.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.
7.Effective Date
This By-law shall come into force in accordance with Sections 24(2), 34(21) and
other relevant provisions of the Planning Act.
By-law passed this 25th day of April, 2022.
___________________________________
David Ryan, Mayor
___________________________________
Susan Cassel, City Clerk
Original Signed By
Original Signed By
Kingston
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7930/22Schedule I to By-Law Passed This 25th Day of April 2022
74.0m
83.7m
12
3
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6
m
84
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6
mMU-33
Original Signed By
Original Signed By
Kingston
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Clerk
Mayor
7930/22Schedule II to By-Law Passed This 25th Day of April 2022
15.0m 15.0m
3.0m 4.5m
3.0m
4.5m
4.5m
Building Envelope
Build To Zone
3.0m
Original Signed By
Original Signed By
Kingston
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Sheppard Avenue
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Omega Drive
Clerk
Mayor
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7930/22Schedule III to By-Law Passed This 25th Day of April 2022
3.0m
4.5m
Landscaped Area
Original Signed By
Original Signed By