HomeMy WebLinkAboutBy-law 7916/22By-law No. 7916/22
By-law will be in effect upon the end of the appeal period process.
By-law passed on March 28, 2022
Deadline for appeals April 28, 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. 7916/22
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 Part of Lots 28 to 30, Plan
350, Now Part 1 40R-31048, City of Pickering (A 12/20)
Whereas the Council of The Corporation of the City of Pickering received an application to
rezone the subject lands being Part of Lots 28 to 30, Plan 350, Now Part 1 40R-31048, in the
City of Pickering to permit the development of 13 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
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 Part of Lots 28 to 30,
Plan 350, Now Part 1 40R-31048, in the City of Pickering, designated “R4-23”, “R4-24”
and “OS” 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
(1)“Balcony” shall mean an attached covered or uncovered platform projecting or
recessed 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.
(2)“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.
(3)“Deck” shall mean a raised platform attached to the exterior wall of a building and
with direct access from within a building and from grade.
By-law No. 7916/22 Page 2
(4)(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, detached” shall mean a single dwelling which is freestanding,
separate and detached from other main buildings or structures.
(5)“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.
(6)“Front Entrance” shall mean the principal 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 entrance 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.
(7)“Grade” or “Established Grade” shall mean, 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 wall 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.
(8)“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.
(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, 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)“Porch” shall mean a roofed deck or portico structure attached to the exterior wall
of a building, a basement may be located under the porch.
(11)“Private Garage” shall mean 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.
By-law No. 7916/22 Page 3
(12)“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.
(13)“Wall, Front” shall mean a primary exterior wall of a building, not including
permitted projections, which contains the primary entrance door.
(14)(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. 7916/22 Page 4
5.Provisions
(1)Uses Permitted (“OS” Zone)
No person shall within the lands zoned “OS” 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)preservation and conservation of the natural environment, soil and wildlife;
(ii)resource management; and
(iii)stormwater management facilities.
(2)Uses Permitted (“R4-23” and “R4-24” Zones)
No person shall within the lands zoned “R4-23” and “R4-24” 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)Detached dwelling
(3)Zone Requirements (“R4-23” and “R4-24” Zones)
No person shall within the lands zoned “R4-23” and “R4-24” 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:
“R4-23” Zone “R4-24” Zone
(a) Lot Area (minimum) 410 square metres
(b) Lot Frontage
(minimum)
(i)13.5 metres
(ii)14 metres for the lands
in the diagonal hatched
area as shown on
Schedule I to this By-law
(i)15 metres
(ii)12.5 metres for the
lands in the cross
hatched area as
shown on Schedule I
to this By-law
(c) Front Yard Depth
(minimum)
(i)6.0 metres
(ii)4.5 metres for the lands
in the diagonal hatched
area as shown on
Schedule I to this By-law
6.0 metres
(d) Side Yard Width
(minimum) 1.5 metres
(e) Flankage Side Yard
Width (minimum) 4.5 metres
By-law No. 7916/22 Page 5
“R4-23” Zone “R4-24” Zone
(f) Rear Yard Depth
(minimum) 7.5 metres
(g) Dwelling Depth
(maximum)
(i)For lots with depths up to and including 40 metres:
17 metres
(ii)For lots with depths greater than 40 metres:
20 metres
(h)
Front Entrance
(maximum
elevation)
The maximum elevation of the front entrance shall be
1.2 metres above the average grade, which is measured
along the front wall of the dwelling, to the top of the
platform (covered or uncovered) immediately outside of
the front entrance.
(i) Building Height
(maximum) 9.0 metres
(j) Lot Coverage
(maximum) 39 percent
(k)
Parking
Requirements
(minimum)
A minimum of 2 parking spaces per dwelling unit, one of
which must be provided within an attached private
garage.
(l) Driveway Width
(maximum)
Maximum driveway width shall not exceed the width of
the exterior walls of a private garage.
(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.
(n) Interior Garage Size
(minimum)
Each parking space within a private garage shall have a
minimum width of 3.0 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.
(4)Special Provisions (“R4-23” and “R4-24” Zones)
(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 required front yard;
By-law No. 7916/22 Page 6
(ii)uncovered decks and associated stairs not exceeding 2.0 metres
in height above established grade may encroach a maximum of
2.0 metres into the required rear yard, provided they are setback a
minimum of 0.6 of a metre from the interior side lot line;
(iii)balconies located above the first floor projecting or recessed in the
rear are prohibited;
(iv)stairs to an entrance may encroach to within a minimum of 0.6 of a
metre from the interior side lot line;
(v)stairs to a below grade access may encroach a maximum of
2.0 metres into the required rear yard;
(vi)a bay, box or bow window, with or without foundation, having a
width of up to 4.0 metres may encroach a maximum of 0.6 metres
into any required yard or half the required interior side yard,
whichever is less; and
(vii)window sills, chimney breasts, fireplaces, belt courses, cornices,
pilasters, eaves, eaves troughs, and other similar architectural
features may project a maximum of 0.6 of a metre into any required
yard and are required to be setback a minimum of 0.6 of a metre
from the interior side lot line.
6.By-law 2511
By-law 2511, as amended, is hereby further amended only to the extend 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 2511, as amended.
7.Effective Date
This By-law shall come into force in accordance with the provisions of the Planning Act.
By-law passed this 28th day of March, 2022.
________________________________
David Ryan, Mayor
________________________________
Susan Cassel, City Clerk
Original Signed By
Original Signed By
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Schedule I to By-Law 7916/22 Passed This 28th Day of
March 2022
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Original Signed By
Original Signed By