HomeMy WebLinkAboutBy-law 8112/24The Corporation of the City of Pickering
By-law No. 8112/24
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 1, 2, 3, 4 Plan 566 and Part of Lot 32,
Concession 1 North, Now Parts 1, 40R-2545 and Part 1, 40R-2549,
City of Pickering (A 09/16(R))
Whereas the Council of The Corporation of the City of Pickering deems it desirable to permit a
common element condominium consisting of semi-detached dwellings and townhouse units on
lands Part of Lot 1, 2, 3, 4 Plan 566 and Part of Lot 32, Concession 1 North, Now Parts 1,
40R-2545 and Part 1, 40R-2549, 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 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 Lot 1, 2, 3, 4
Plan 566 and Part of Lot 32, Concession 1 North, Now Parts 1, 40R-2545 and Part 1,
40R-2549, in the City of Pickering, designated “MD-H19”, “MD-H20” 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 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. 8112/24 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
comment by all shareholders in a condominium and may include private streets,
walkways and parking an amenity areas.
(6) “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.
(7) (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.
(8) (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.
(9) “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.
By-law No. 8112/24 Page 3
(10) (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.
(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 is
conducted 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 deck
or ridge above it.
(14) (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.
(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. 8112/24 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.
5. Provisions (“MD-H19” and “MD-H20” Zones)
(1) Uses Permitted (“MD-H19” and “MD-H20” Zones)
(a) 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 for any purpose except the following:
(i) multiple dwelling – horizontal
By-law No. 8112/24 Page 5
(2) Zone Requirements (“MD-H19” and “MD-H20” Zones)
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:
“MD-H19” Zone “MD-H20” Zone
(a) Number of
Dwelling Units (i) Minimum number of dwelling units: 17
(ii) Maximum number of dwelling units: 48
(b) Lot Frontage
(minimum) 5.2 metres 5.5 metres
(c) Lot Area
(minimum) 105 square metres 130 square metres
(d) Front Yard Depth
(minimum)
3.0 metres 5.0 metres
(e) 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
(f) Rear Yard Depth
(minimum) 4.5 metres 6.0 metres
(g) Flankage Yard
Depth (minimum)
2.4 metres, however, may
be reduced to 2.0 metres
for an end unit nearest to
the east property line
1.7 metres, however may
be reduced to 1.5 metres for
an end unit nearest to the
east property line
(h) Building Height
(maximum) 12.0 metres (3 storeys)
(i) Private Park
Areas (minimum) 790 square metres
(j) Parking
Requirements
(minimum)
2.0 parking spaces per dwelling unit
(k) Visitor Parking
Requirements
(minimum)
0.25 of a parking space per dwelling unit 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 private street.
By-law No. 8112/24 Page 6
“MD-H19” Zone “MD-H20” Zone
(m) 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
(n) Driveway Width
(maximum)
Shall not exceed the width of the private garage
(3) Special Provisions (“MD-H19” and “MD-H20” Zones)
(a) Projections such as window sills, chimney breasts, fireplaces, belt courses,
cornices, pilasters, eaves, eave troughs 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) For lands zoned “MD-H19” on Schedule I to this By-law, a porch, uncovered
deck or balcony may encroach a maximum of 1.5 metres into any required
front yard and flankage yard and 2.0 metres into any required rear yard or
half the distance of the required yards, whichever is less;
(c) For lands zoned “MD-H20” on Schedule I to this By-law, a porch, uncovered
deck or balcony may encroach a maximum of 1.5 metres into any required
front yard and flankage yard and a maximum of 1.6 metres into any required
rear yard or half the distance of the required yards, whichever is less;
(d) For lands zoned “MD-H19” on Schedule I to this By-law stairs to porch,
uncovered deck or an entrance may encroach to within 0.45 of a metre of
the front lot line 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;
(e) For lands zoned “MD-H20” on Schedule I to this By-law, stairs to a porch,
uncovered deck or an entrance may encroach to within 2.0 metres of the
front lot line, to within 0.6 of a metre of a flankage lot line, and to within
0.6 of a metre of a rear lot line;
(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 of
0.6 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 rear
yard 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 be
located on any easement in favour of the City;
(h) Despite any minimum front yard depth, rear yard depth side yard width or
flankage side yard width requirement; on a corner lot, the minimum setback
to a corner rounding at the front, rear, side or flankage of a lot shall be
1.3 metres.
By-law No. 8112/24 Page 7
(i) Minimum Private Amenity Area for lands zoned “MD-H19” on Schedule I to
the By-law:
(i) 10.0 square metres of amenity shall be provided on the balcony above
the garage or driveway and located at the rear of the dwelling unit;
(ii) accessory structures such as pergolas, shed or other similar structures
shall not be permitted on the balcony above the garage at the rear of
the dwelling unit;
(iii) the private amenity area located above the garage at the rear of the
dwelling unit shall not be enclosed.
(4) Special Regulations (“MD-H19” and “MD-H20” 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) Despite Section 5.(4)(a) above, the lot line abutting Altona Road and Finch
Avenue shall be deemed to be the Front Lot Lines for the lands zoned “MD-
H19” on Schedule I to this By-law;
(c) 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-H19”,
“MD-H20” zone use provisions and zone requirements;
(d) Sections 5.21.2(a), 5.21.2(b), 5.21.2(d), 5.21.2(f) and 5.22 of By-law 3036,
as amended, shall not apply to the lands zoned “MD-H19” and “MD-H20” on
Schedule I of this By-law.
6. 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:
(i) Preservation and conservation of the natural environment, soil and
wildlife;
(ii) Resource management.
(b) Zone Requirements (“OS-HL” Zone)
(i) No buildings or structures shall be permitted to be erected, nor shall
the placing or removal of fill be permitted, except where buildings or
structures are used only for purposes of flood and erosion control,
or resource management.
By-law No. 8112/24 Page 8
7.Dwelling Unit Requirements
(1)Not more than a total of 48 dwelling units shall be permitted on the lands zoned
as “MD-H19” and “MD-H20” on Schedules I attached to this By-law.
(2)Of the 48 dwelling units permitted, a maximum of 11 dwelling units are
transferred from the lands legally known as Part of Lot 1, Plan 566 and Part of
Lot 32, Concession 1 North, Now Part 1, 40R-2545 to lands legally known as
Part of Lots 2, 3, 4 Plan 566, Now Part 1, 40R-2549.
8.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-H19” and
“MD-H20” as set out in Schedule I to this By-law prior to the division of those
lands 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.
9.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.
10.Effective Date
This By-law shall come into force in accordance with the provisions of the Planning Act.
By-law passed this 27th day of May, 2024
________________________________
Kevin Ashe, Mayor
________________________________
Susan Cassel, City Clerk
Original Signed By
Original Signed By
Finch Avenue
Al
t
o
n
a
R
o
a
d
Sh
a
d
o
w
P
l
a
c
e
Ma
p
l
e
v
i
e
w
C
o
u
r
t
Clerk
Mayor
i
N
8112/24Schedule I to By-law Passed This 27th
Day of May 2024
MD-H19
137.1m
23
.
7
m
MD-H20
OS-HL
16
.
8
m
48
.
9
m
118.0m
102.1m
68.6m
18.4m
27.4
m
22
.
7
m
16
.
8
m
10
2
.
8
m
28
.
4
m
12
.
5
m
6.0m
24.2
m
46.9m
22
.
9
m
11.0m
Original Signed By
Original Signed By