HomeMy WebLinkAboutBy-law 7969/22
The Corporation of the City of Pickering
By-law No. 7969/22
Being a By-law to amend Restricted Area (Zoning) By-law 3037,
as amended, to implement the Official Plan of the City of
Pickering, Region of Durham, Part of Lot 19, Concession 3
South and Part 1, 40R-2583, City of Pickering (A 12/17(R),
SP-2020-03, CP-2020-03)
Whereas the Council of The Corporation of the City of Pickering deems it desirable to permit a
common element condominium consisting of rear lane townhouses and street townhouses and
a standard condominium consisting of stacked townhouses on lands being Part of Lot 19,
Concession 3 South and Part 1, 40R-2583, City of Pickering;
And whereas an amendment to By-law 3037, as amended is therefore deemed necessary;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows:
1. Schedules I and II
Schedules I and II to this B y-law with notations a nd references s hown thereon are
hereby declared to be part of this By-law.
2. Area Restricted
The provisions o f this By-law shall apply to those lands being Part of Lot 19,
Concession 3 South and Part 1, 40R-2583, in the City of Pickering, “MU-MD-5”,
“MU-MD-6”, “MU-MD-7”, “MU-MD-8” and “OS-PP” on Schedule I to this B y-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 o f this B y-law.
4. Definitions
In this By-law,
(1) “Air Conditioner” means 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” 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, private patio or deck and
which has direct access from the interior of the dwelling unit.
By-law No. 7969/22 Page 2
(3) “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.
(4) “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.
(5) “Building” means a structure occupying an area greater than 10.0 square metres
and consisting of any combination of walls, roof and floor but shall not include a
mobile home.
(6) “Build-to-Zone” means an area of land in which all or part of a building elevation
of one or more buildings is to be located.
(7) “Condominium, Common Element” means spaces and features owned in
common by all shareholders in a condominium and may include private streets,
walkways and parking and amenity areas.
(8) “Corner Rounding” shall mean a lot line of a corner lot at the intersection of two
street lines including private street lines in the form of an arc, which joins the
front lot line to the flankage or side lot line and joins the rear lot line to the
flankage or side lot line.
(9) “Deck” means a raised platform attached to the exterior wall of a building and
with direct access from within a building and from grade.
(10) (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 a mobile home or any vehicle.
(c) “Dwelling, Multiple – Horizontal” means a building containing three or more
dwelling units attached horizontally by an above-grade wall or walls;
(d) “Dwelling, Stacked” means a residential use building for 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 attached private garage and an independent entrance at the ground
By-law No. 7969/22 Page 3
level or through a common entrance at the ground level or at the first storey
above ground and may have shared exit facilities above the first floor;
(e) “Dwelling, Stacked Back-to-Back” means a residential use building for 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 at the ground level or through a
common entrance at the ground level or at the first storey above ground and
may have shared exit facilities above the first floor
(11) “Grade” or “Established 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 building 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.
(12) “Height, Building” means 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. The height requirements of
this By-law shall not apply to a roof top mechanical penthouse.
(13) “Landscaped Area” means an outdoor area comprising trees, plants, decorative
stonework, retaining walls, walkways, or other landscape or architectural
elements, excluding aisles, private streets, driveways, porches, decks, and areas
for loading, parking or storing of vehicles.
(14) (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;
(d) “Lot, Through” means a lot bounded on opposite sides by a street.
(15) “Parapet Wall” means the portion of an exterior wall extending above the roof.
(16) “Private Park” means an area of land not under the jurisdiction of a public
authority that is designed or maintained for active or passive recreational
purposes and may be comprised of trees, plants, decorative stonework, public
art, retaining walls, walkways, stairs, steps or other landscape or architectural
elements.
By-law No. 7969/22 Page 4
(17) “Porch” means a roofed deck or portico structure attached to the exterior wall of a
building, a basement may be located under the porch.
(18) “Primary Entrance Door” means the principal entrance by which the resident
enters or exists a dwelling unit.
(19) “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.
(20) “Storey” means 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.
(21) (a) “Street” means a public highway but does not 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.
(22) “Tandem Parking Space” means two or more parking spaces abutting each other
end to end with only one having access to a private street.
(23) “Wall, Front” a primary exterior wall of a building, not including permitted
projections, which contains the primary entrance door.
(24) “Water Meter Building” means a building or structure that contains devices
supplied by the Region of Durham which measures the quantity of water
delivered to a property.
(25) (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;
By-law No. 7969/22 Page 5
(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;
(h) “Flankage Side Yard” means a side yard immediately adjoining a street not
including a private 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 (“MU-MD-5” & “MU-MD-6” Zone)
(1) Uses P ermitted (“MU-MD-5” & “MU-MD-6” Zone)
No person shall within the lands z oned “MU-MD-5” & “MU-MD-6” 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:
(a) “MU-MD-5”
(i) Dwelling, Multiple – Horizontal
(b) “MU-MD-6”
(i) Dwelling, Multiple – Horizontal
By-law No. 7969/22 Page 6
(2) Zone Requirements (“MU-MD-5” & “MU-MD-6” Zone)
No person shall within the lands z oned “MU-MD-5” & “MU-MD-6” on Schedule I
to this By-law, use any lot or erect, alter, or use any building except in
accordance with the following provisions:
MU-MD-5 MU-MD-6
(a) Building Location No building or part of a building or structure shall be
erected outside of the building envelope as illustrated on
the Schedule II attached hereto.
(b) Lot Frontage
(minimum) 3.7 metres 5.5 metres
(c) Front Yard Depth
(minimum) Nil 6.0 metres
(d) Side Yard Setback
(minimum)
1.2 metres except where
dwellings on abutting
lots share a common
wall, no interior side yard
shall be required
adjacent to that wall on
either lot
1.2 metres except where
dwellings on abutting lots
share a common wall, no
interior side yard shall be
required adjacent to that wall
on either lot
(e) Rear Yard Depth
(minimum) Nil 6.5 metres
(f) Building Height
(maximum) 12.0 metres
(g) Parking
Requirements
(minimum)
2.0 parking spaces per dwelling unit
(h) Visitor Parking
Requirements
(minimum)
0.25 of a parking space per dwelling unit, which may be
provided on a separate lot.
(i) Garage
Requirements
Minimum one private
garage per dwelling unit,
the vehicular entrance of
which shall be located
not less than 1.6 metres
from a private street.
Minimum one private garage
per dwelling unit, the
vehicular entrance of which
shall be located not less than
6.0 metres from a private
street.
(j) Interior Garage
Dimensions
(minimum)
(i) A private garage
shall have a minimum
width of 5.6 metres and
a minimum depth of
5.7 metres provided,
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
By-law No. 7969/22 Page 7
MU-MD-5 MU-MD-6
however, the width may
include one interior step
and the depth may
include two interior
steps; or
(ii) A private garage
may permit tandem
parking and shall have a
minimum width of
3.0 metres and a
minimum depth of
11.4 metres provided,
however the width may
include two interior steps
and depth may include
one interior step
include two interior steps and
the depth may include two
interior steps.
(k) Driveway Width
(maximum)
A driveway shall not
exceed the width of the
building or structure to
which it provides access.
3.7 metres
6. Provisions (“MU-MD-7” & “MU-MD-8” Zone)
(1) Uses P ermitted (“MU-MD-7” & “MU-MD-8” Zone)
No person shall within the lands z oned “MU-MD-7” & “MU-MD-8” 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:
(a) “MU-MD-7” Zone
(i) Dwelling, Stacked
(b) “MU-MD-8” Zone
(i) Dwelling, Stacked Back-to-Back
By-law No. 7969/22 Page 8
(2) Zone Requirements ( “MU-MD-7” & “MU-MD-8” Zone)
No person shall within the lands z oned “MU-MD-7” & “MU-MD-8” on Schedule I
to this By-law, use any lot or erect, alter, or use any building except in
accordance with the following provisions:
MU-MD-7 MU-MD-8
(a) Building Location No building or part of a building or structure shall be
erected outside of the building envelope as illustrated on
the Schedule II attached hereto.
(b) Setback between
building blocks
(minimum)
10.5 metres between
Front Walls
3.0 metres between Side
Walls
(c) Building Height
(maximum) 12.0 metres 17.5 metres
(d) Parking
Requirements
(minimum)
2.0 parking spaces per
dwelling unit
1.0 parking space per
dwelling unit
(e) Visitor Parking
Requirements
(minimum)
0.25 of a parking space per dwelling unit, which may be
provided on a separate lot.
(f) Garage
Requirements
Minimum one private
garage per dwelling, the
vehicular entrance of
which shall be located
not less than 6.0 metres
from a private street.
Nil
(g) Interior Garage
Dimensions
(minimum)
(i) 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.
Nil
(h) Driveway Width
(maximum)
A driveway shall not
exceed the width of the
building or structure to
which it provides access.
Nil
By-law No. 7969/22 Page 9
7. Provisions (“OS-PP” Zone)
(1) Uses P ermitted (“OS-PP”)
No person shall within the lands z oned “OS-PP” on Schedule I to this B y-law, use
any lot or erect, alter, or use any building or structure for any purpose except the
following:
(a) Private Park
8. Special Provisions (“MU-MD-5”, “MU-MD-6”, “MU-MD-7” and “MU-MD-8” Zones)
(1) Number of Dwelling Units:
(a) Minimum: 76
(b) Maximum: 197
(2) 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 i llustrated on Schedule II attached hereto, contains a building or
part of a building.
(3) Sections 5.10, 5.19.1, 5.19.2, 5.20, 5.21, and 5.22 of By-law 3037, as a mended,
shall not apply to the lands on Schedule I to this B y-law.
(4) A private street shall have a minimum width of 6.5 metres.
(5) Despite any minimum front yard depth, rear yard depth, side yard depth or
flankage yard depth, on a corner lot, the minimum setback to a corner rounding
at the front of a lot shall be 1.0 metre, the minimum setback to a corner rounding
at the rear of a lot shall be 1.0 metre, and the minimum setback t o a corner
rounding at the side yard or flankage of a lot shall be 1.0 metre.
(6) Projections s uch as w indow sills, chimney breasts, fireplaces, belt courses,
cornices, pilasters, eaves, eave troughs, and other similar architectural features
may be permitted to be located beyond the building envelope as identified on
Schedule II attached hereto and in any required yard, provided that no such
feature projects beyond the building envelope or required yard more than 0.6 of a
metre or half the distance of the required yard, whichever is l ess.
(7) Walls o r screens t o screen utilities may be permitted to be located beyond the
building envelope as i dentified on Schedule II attached hereto and in any
required yard to a maximum of 1.2 metres, but shall not extend beyond the
property line.
(8) Despite Section 5(2)(a) and Section 6(2)(a), a porch, uncovered deck, private
patio or balcony may encroach beyond the building envelope as illustrated on
Schedule II attached hereto and any required front yard to a maximum of
2.5 metres, but shall be located a minimum of 1.2 metres from a lot line.
By-law No. 7969/22 Page 10
(9) A porch, uncovered deck or balcony may encroach into any required flankage
yard and side yard to a maximum of 2.0 metres, but shall not extend beyond the
property line.
(10) Despite Section 5(2)(a) and Section 6(2)(a), an uncovered porch or uncovered
deck not exceeding 2.0 metres in height above grade, may encroach a maximum
of 2.0 metres beyond the building envelope as illustrated on Schedule II attached
hereto, into any required rear yard.
(11) Despite Section 5(2)(a) and Section 6(2)(a), stairs to a porch, uncovered deck or
entrance may encroach to within 0.45 of a metre of the front or flankage lot line;
to within 1.0 metre of a rear lot line and to within 0.6 of a metre of a side lot line.
(12) A bay, box or bow window, with or without foundation, having a maximum width
of 4.0 metres may encroach beyond the building envelope as identified on
Schedule II attached hereto and any required yard to a maximum of 0.6 of a
metre or half the distance of the required yard, whichever is less.
(13) Despite Section 5(2)(a) and Section 6(2)(a), 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, but no closer than 1.0 metre to any lot line.
(14) Air Conditioners are to be located in the rear yard or side yard or on or below a
balcony or roof or on a private patio at or below grade. In addition, 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.
(15) Visitor parking spaces shall be setback a minimum of 3.0 metres from all streets.
(16) Despite Section 7(1), below grade parking structures shall be permitted to be
located within lands zoned “OS-PP”.
9. Special Regulations (“MU-MD-5”, “MU-MD-6”, “MU-MD-7” and “MU-MD-8” Zones)
(1) Despite the provisions of Section 5.6 of By-law 3037, as amended, the
requirement for the frontage on a public street shall be satisfied by establishing
frontage on a private street for the lands on Schedule I to this By-law.
(2) Despite Section 9(1), the lot line abutting Dersan Street and Four Seasons Lane
shall be deemed the front lot line for lands zoned “MU-MD-5”.
(3) Despite Section 9(2), where a lot is bounded on opposite sides by a private
street, the lot line closest to the primary entrance door is deemed to be the front
lot line for lands zoned “MU-MD-5”.
(4) A water meter building required by the Region of Durham for the purpose of
measuring the quantity of water delivered shall be exempt from “MU-MD-5”,
“MU-MD-6”, “MU-MD-7” and “MU-MD-8” zone use provisions and zone
requirements.
By-law No. 7969/22 Page 11
(5) Minimum Private Amenity Area for lands zoned “MU-MD-5”, “MU-MD-7” and
“MU-MD-8” on Schedule I to this By-law:
(a) 4.5 square metres of private amenity area shall be provided for each unit;
(b) accessory structures such as pergolas, shed or other similar structures shall
not be permitted on the balcony above the garage of the dwelling unit;
(c) the outdoor private amenity area located above the garage at the rear of the
dwelling unit shall not be enclosed.
10. Restrictions on the Parking and Storage of Vehicles (“MU-MD-5”, “MU-MD-6”,
“MU-MD-7” and “MU-MD-8” Zones)
No person shall use any lot for the parking or storage of vehicles except in accordance
with the following provisions:
(1) Number of Vehicles:
(a) A maximum of 2 vehicles, only 1 of which may be a trailer, are permitted to
park o n a driveway.
(2) Size of Vehicles:
(a) for those vehicles p arked on any driveway, the maximum permissible height
is 2 .6 metres, and the maximum permissible length is 6 .0 metres;
(b) height is m easured from the established grade immediately beside the
vehicle up to the vehicle’s h ighest point, which excludes l ights, antennas
and other such items a ncillary to the vehicle’s b ody.
(3) Location of Vehicles:
(a) No part of any yard except a driveway is t o be used for the parking or
storage of vehicles and no vehicle is t o encroach onto any Street or Private
Street.
(4) Inoperative Vehicles:
(a) The parking or storage of an inoperative vehicle is n ot permitted unless i t is
entirely within a fully enclosed building or structure.
(5) Construction Vehicles:
(a) The parking or storage of a construction vehicle or a commercial vehicle is
not permitted, unless i t is e ntirely within a fully e nclosed building or
structure.
(6) Oversize Vehicles:
___________________________________
___________________________________
By-law No. 7969/22 Page 12
(a) A vehicle that exceeds the maximum permissible vehicle size provisions o f
Section 8(2) of this By-law, is p ermitted to park t emporarily for the sole
purpose of delivering to, servicing or constructing the premises.
11. Model Homes
(1) A maximum of 2 blocks, together with not fewer than two parking spaces per
Model Home, may be constructed on the lands z oned “MU-MD-5” and “MU-MD-
6” as s et out in Schedule I attached to this B y-law prior to the division of those
lands by lifting of part lot control, provided each zone does not exceed 1 block.
(2) A maximum of 2 blocks, together with not fewer than two parking spaces per
Model Home, may be constructed on the lands zoned “MU-MD-7” and “MU-MD-8”
as s et out in Schedule I attached to this By-law, provided each zone does not
exceed more than 1 block.
(3) For the purpose of this B y-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 p ursuant to an agreement with the City of Pickering.
12. By-law 3037
By-law 3037, as amended, is h ereby further amended only to the extent necessary to
give effect to the provisions o f this B y-law as i t applies to the area set out in Schedules I
and II to this By-law. Definitions and subject matters n ot specifically d ealt with in this
By-law shall be governed by relevant provisions o f By-law 3037, as amended.
13. Effective Date
This By-law shall come into force in accordance with the provisions o f the Planning Act.
By-law passed this 20th day of September, 2022.
Original Signed By
David Ryan, Mayor
Original Signed By
Susan Cassel, City Clerk
Dersan Street
MU-MD-8
MU-MD-7
MU-MD-5
MU-MD-6
MU-MD-7 OS-PP
OS-PP
F
our
SeasonsLane
Castlegate Crossing
Br
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R
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164.3m
21.
2
m
12.9m58.3m
4
7
.
1
m
10
8
.
2
m
99.6m
113.3m
31.2
m
12
1
.
8
m
6
2
.
2
m
3
0
.
3
m
2
8
.
5
m
26.2m
30.1m
5.8m
6.
8
m
15.3m
21
.
7
m
11.9m
55.6m
53.3m47.6m
4
0
.
7
m
6
2
.
2
m
35
.
7
m
2
6
.
5
m
18.
8
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12.9m
William Jackson
Schedule I to By-Law 7969/22Passed This 20th
Day of September 2022
Original Signed By
Mayor
Original Signed By
Clerk
Br
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k
R
o
a
d
N
William Jackson 3.0m
F
our
SeasonsLane
Dersan Street
Castlegate Crossing
6.5m
Building Envelope
Build-to-Zone (3.0 metres)
3.0m
6.5m 6.5m
3.0m
3.0m
3.0m
3.0m
3.0m
Schedule II to By-Law 7969/22 Passed Th is 20 th
Day of September 2022
Original Signed By
Mayor
Original Signed By
Clerk