HomeMy WebLinkAboutBy-law 8089/24The Corporation of the City of Pickering
By-law No. 8089/24
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 32, Concession 1 North, City of
Pickering (A 02/21)
Whereas the Council of The Corporation of the City of Pickering deems it desirable to permit a
common element condominium consisting of townhouse units and stacked townhouse units on lands being Part of Lot 32, Concession 1 North, 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.Schedule I
Schedule I to this By-law with notations and references shown thereon are herebydeclared to be part of this By-law.
2.Area Restricted
The provisions of this By-law shall apply to those lands being Part of Lot 32, Concession 1
North, in the City of Pickering, designated “MD-H21”, “MD-H22” and “OS-HL” 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 centralair 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 includeslandscape area, but which may also include areas of decking, decorative pavingor other similar surface and includes a balcony, porch or deck and which hasdirect access from the interior of the dwelling unit.
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(3)“Balcony” shall mean an attached covered or uncovered platform projecting fromthe 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 maynot include a foundation; may or may not include a window seat; and may includea door.
(5)“Condominium, Common Element” shall mean spaces and features owned in
comment by all shareholders in a condominium and may include private streets,walkways, parking, and amenity areas.
(6)“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;
a.“Dwelling Unit” shall mean one or more habitable rooms occupied or capable
of being occupied as a single, independent, and separate housekeeping unitcontaining a separate kitchen and sanitary facilities;
b.“Dwelling - Semi-Detached” shall mean a residential use building containing
two attached principal dwelling units that are divided vertically, with each unithaving frontage on a street, except where located within a planned unitdevelopment;
c.Dwelling - Stacked” means a residential use building of four or fewer storeys
in height containing three or more principal dwelling units where the units aredivided horizontally and vertically, and in which each dwelling unit has an
independent entrance to the interior;
d.“Dwelling, Multiple – Horizontal” shall mean a building containing three or
more dwelling units attached horizontally by an above-grade wall or walls.
(7)“Height, Building” shall mean the vertical distance between the establishedgrade, at the front of the house, and in the case of a flat roof, the highest point ofthe 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 andridge.
(8)“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 orblock on a registered plan of subdivision;
(9)“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 lotarea;
By-law No. 8089/24 Page 3
(10)“Lot Frontage” shall mean the width of a lot between the side lot lines measuredalong a line parallel to and 7.5 metres distant from the front lot line.
(11)“Park, Private” means a park which is maintained by a condominium corporation.
(12)“Private Garage” means an enclosed or partially enclosed structure for the
storage of one or more vehicles, in which structure no business or service isconducted for profit or otherwise.
(13)“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 deckor ridge above it.
(14)“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 thepurposes of determining setbacks the street shall be deemed to include the 0.3metre 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.
(15)“Street, Private” means:
a.a right-of-way or roadway that is used by vehicles and is maintained by a
condominium corporation;
b.a private road condominium, which provides access to individual freeholdlots;
c.a roadway maintained by a corporation to provide vehicular and pedestrian
access to parking lots and individual retail/commercial units;
d.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 alane.
(16)“Water Meter Building” shall mean a building or structure that contains devicessupplied by the Region of Durham which measure the quantity of water deliveredto a property.
(17)“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 unoccupiedabove ground except for such accessory buildings, structures, or other uses asare specifically permitted thereon;
(18)“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;
By-law No. 8089/24 Page 4
(19)“Front Yard Depth” shall mean the shortest horizontal dimension of a front yard ofa lot between the front lot line and the nearest wall of the nearest main building
or structure on the lot;
(20)“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 ofthe side lot lines, and the nearest wall of the nearest main building or structure on
the lot;
(21)“Rear Yard Depth” shall mean the shortest horizontal dimension of a rear yard ofa lot between the rear lot line of the lot, or where there is no rear lot line, thejunction point of the side lot lines, and the nearest wall of the nearest main
building or structure on the lot;
(22)“Side Yard” shall mean a yard of a lot extending from the front yard to the rearyard, and from the side lot line to the nearest wall of the nearest main building or
structure on the lot;
(23)“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 orstructure on the lot;
(24)“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;
(25)“Flankage Side Yard Width” shall mean the shortest horizontal dimension of aflankage side yard of a lot between the lot line adjoining a street or abutting on areserve on the opposite side of which is a street, and the nearest wall of the
nearest main building or structure on the lot;
(26)“Interior Side Yard” shall mean a side yard other than a flankage side yard.
5.Provisions (“MD-H21” Zone)
(1)Uses Permitted (“MD-H21” Zone)
(a) No person shall within the lands zoned “MD-H21” on Schedule I to this By-law, use any lot or erect, alter, or use any building or structure for anypurpose except the following:
(i)multiple dwelling – horizontal
(2) Zone Requirements (“MD-H21” Zones)
No person shall within the lands zoned “MD-H21” 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:
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“MD-H21” Zone
(a) Lot Frontage (minimum) 5.5 metres
(b) Lot Area (minimum) 110 square metres
(c) Front Yard Depth
(minimum) 4.5 metres
(d) Side Yard Depth (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
(e) Rear Yard Depth (minimum) 6.0 metres
(f) Flankage Yard Depth
(minimum)
2.4 metres
(g) Building
Height
(maximum) 12.0 metres (3 storeys)
(h) Parking Requirements
(minimum)
2.0 parking spaces per dwelling unit
(i) Visitor Parking
Requirements (minimum) 0.25 of a parking space per dwelling unit
(j) Garage Requirements Minimum one private garage per dwelling, the vehicular entrance of which shall be located not less than
6.0 metres from the private street.
(k) Interior
Garage Size (minimum)
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
(l) Driveway Width
(maximum) 3.5 metres
By-law No. 8089/24 Page 6
(3)Special Provisions (“MD-H21” Zone)
(a)Projections such as window sills, chimney breasts, fireplaces, belt courses,
cornices, pilasters, eaves, eave troughs and other similar architecturalfeatures 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 thedistance of the required yard, whichever is less;
(b)A porch, uncovered deck or balcony may encroach into any required frontyard or rear yard to a maximum of 2.0 metres or half the distance of therequired yard, whichever is less;
(c)A porch, uncovered deck, or balcony may encroach into any required rear
yard, flankage yard or side yard to a maximum of 1.2 metres, or half thedistance of the required yards, whichever is less;
(d)Stairs to porch, uncovered deck or an entrance may encroach to within
2.5 metres of the front lot line and to within 0.6 of a metre of a side lot line
or flankage lot line;
(e)Stairs may encroach into any required rear yard to a maximum of2.0 metres;
(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 of0.6 of a metre or half the distance of the required yard, whichever is less;
(g)Air conditioners are permitted on a lot provided they are located in the rearyard or side yard or on a balcony or roof. In addition, such units shall not be
located any closer than 0.6 of a metre to a side lot line and shall not belocated on any easement in favour of the City.
6.Provisions (“MD-H22” Zones)
(1)Uses Permitted (“MD-H22” Zones)
(a)No person shall within the lands zoned “MD-H22” on Schedule I to thisBy-law, use any lot or erect any buildings or structures for any purposeexcept the following:
(i)dwelling-stacked
(ii)multiple dwelling-horizontal
(2)Zone Requirements (“MD-H22”)
No person shall within the lands zoned “MD-H19” and “MD-H20” 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:
By-law No. 8089/24 Page 7
MD-H22
(a) Building Location No building or part of a building or structure shall be erected outside of the building envelope as illustrated on
Schedule II, attached hereto.
(b) Setback between building blocks
(minimum) 3.0 metres between side walls
(c) Building Height (maximum) 12.0 metres (3 storeys)
(d) Parking Requirements (minimum) 2.0 parking spaces per dwelling unit
(e) Visitor Parking Requirements (minimum) 0.25 of a parking space per dwelling unit
(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.
(g) Interior Garage Dimensions
(minimum)
A private garage shall have a minimum width of 2.9 metres and a minimum depth of 6.3 metres.
The width may include two interior steps and the depth may include two interior steps or may permit a platform and associated steps to encroach a maximum of
1.0 metre into the required depth and a maximum of
2.0 metres into the required width.
(h) Driveway Width
(maximum) A driveway shall not exceed the width of the building or
structure to which it provides access.
(i) Private Park Area (minimum) 420 square metres
(3)Special Provisions (“MD-H22” Zone)
(a)Despite Section 6(2)(a), a porch (including living space of dwelling unitlocated below), uncovered deck, private patio or balcony may encroach a
maximum of 2.0 metres beyond the building envelope as illustrated onSchedule II attached hereto, but shall be located a minimum of 1.2 metresfrom a lot line;
(b)Despite Section 6(2)(a), stairs to a porch, uncovered deck or entrance may
encroach beyond the building envelope to within 0.30 of a metre of the frontlot line;
By-law No. 8089/24 Page 8
(c)A bay, box or bow window, with or without foundation, having a maximumwidth of 4.0 metres may encroach beyond the building envelope as
identified on Schedule II to a maximum of 0.6 of a metre;
(d)Air Conditioners shall not be located between a building and Altona Road
or Sparrow Circle, but may be permitted on a balcony or roof.
(e)Minimum Private Amenity Area:
(i)4.5 square metres of private amenity area shall be provided for eachunit;
(ii)accessory structures such as pergolas, shed or other similar structuresshall not be permitted on the balcony above the garage of the dwelling
unit; and
(iii)outdoor private amenity area located above the garage at the rear ofthe dwelling unit shall not be enclosed.
7.Special Regulations (“MD-H21” and “MD-H22” Zones)
(1)Number of Dwelling Units:
(a)Minimum: 26
(b)Maximum: 57
(2)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 establishingfrontage on a common element condominium street for the lands on Schedule Ito this By-law;
(3)Despite Section 7(2), the lot line abutting Altona Road and Sparrow Circle shall
be deemed the front lot line for lands zoned “MD-MH-22”;
(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 “MD-H21”, “MD-H22” zone use provisions and zone requirements;
(5)Sections 5.21.2(a), 5.21.2(b), 5.21.2(d) and 5.22 of By-law 3036, as amended,shall not apply to the lands zoned “MD-H21” and “MD-H22” on Schedule I of thisBy-law; and
(6)Visitor parking spaces shall be setback a minimum of 1.0 metre from any lot line.
8.Provisions (“OS-HL” Zones)
(1)Uses Permitted (“OS-HL” Zones)
(a)No person shall within the lands zoned “OS-HL” on Schedule I to this By-
law, use any lot or erect any buildings or structures for any purpose except
the following:
By-law No. 8089/24 Page 9
(i)Preservation and conservation of the natural environment, soil andwildlife;
(ii)Resource management.
(2)Zone Requirements (“OS-HL” Zone)
(a)No buildings or structures shall be permitted to be erected, nor shall theplacing or removal of fill be permitted, except where buildings or structures
are used only for purposes of flood and erosion control, or resourcemanagement.
9.Model Homes
(1)A maximum of 2 blocks together with no fewer than two parking spaces
per Model Home, may be constructed on the lands zoned “MD-H21” and“MD-H22” as set out in Schedule I to this By-law prior to the division of thoselands by registration of a plan of subdivision; 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.
10.Provisions (“(H)MD-H21” and “(H)MD-H22” Zones)
(1)Uses Permitted (“(H)MD-H21” and “(H)MD-H22” Zones)
Until such time as the “(H)” Holding Provision is lifted, the lands shall not be usedfor any purposes other than the existing lawful uses, located on the land or inexisting buildings or structures, provided such use continues in the same mannerand for the same purpose for which they were used on the day this by-law was
passed.
(2)Zone Requirements (“(H)MD-H21” and “(H)MD-H22” Zones)
The “(H)” Holding Symbol shall be removed from the ““(H)MD-H21” and“(H)MD H22” Zones until the completion of the following:
(a) the applicant secures a permanent easement over the lands immediatelyto the north (hydro lands) for emergency access, or satisfies the City’s FireServices Department with an alternative emergency access for thedevelopment.
11.By-law 3036
By-law 3036, as amended, is hereby further amended only to the extent necessary togive 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.
By-law No. 8089/24 Page 10
12.Effective Date
This By-law shall come into force in accordance with the provisions of the Planning Act.
By-law passed this 25th day of March, 2024.
Original Signed By________________________________
Kevin Ashe, Mayor
Original Signed By________________________________
Susan Cassel, City Clerk
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Schedule I t 8089/24thPassed This
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Original Signed By
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Original Signed By
Clerk
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Schedule II to By-Law
Passed This
Day of
8089/24
25th
March 2024
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Building Envelope
Original Signed By
Mayor
Original Signed By
Clerk