HomeMy WebLinkAboutBy-law 7284/13The Corporation of the City of Pickering
By- Iaw,No. 7284/13
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 in
Lots 106 to 108 and Part of Lots 105 and 109, RCP
Plan 1051, Part 1, 40R -14632 in City of Pickering
(SP- 2012 -01, CP- 2012 -02 & A 3/12)
Whereas the Council of the Corporation of the City of Pickering received an application
to rezone the subject lands being part of Lots 106 to 108 and Part of Lots 105 and 109,
RCP Plan 1051, Part 1, 40R -14632 in the City of Pickering to permit the development of
31 lots for detached dwellings on a common element condominium road and an open
space block.
And whereas it is appropriate to amend By -law 3036 as amended, to permit such uses;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. Schedules
Schedule I and Schedule II attached hereto with notations and reference shown
thereon is 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 106 to
108 and Part of Lots 105 and 109, RCP Plan 1051, in the City of Pickering,
designated "S3 -13" and "OS -HL" on Schedule I.
3. General Provisions
No building, 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) . "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;
By -law No. 7284/13 Page 2
(2) (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 a 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 or Detached Dwelling" shall mean a single
dwelling which is freestanding, separate and detached from other
main buildings or structures.
(3) (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.
(4) (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 a 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 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.
(5) (a) "Private Garage" shall mean an enclosed or partially enclosed
structure for the storage of one or more vehicles, in which no
business or service .is conducted for profit or otherwise.
(6) (a) "Water Meter Building" shall mean a building or structure that
contain devices supplied by the Region of Durham which measures
the quantity of water delivered to a property.
(7) (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 group 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;
By -law No. 7284/13
Page 3
(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
lots;
(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 lots; -
(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) " Faankage 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.
5. Provisions
(1) (a) , Uses Permitted ( "S3 -13" Zone)
No person shall, within the lands zoned "S3 -13" on Schedule I
attached 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
(b) Zone Requirements ( "S3 -13" Zone)
No, person shall within the lands designated "S3 -13" on Schedule I
attached to this By -law, use any Lot or erect, alter or'use any
building except in accordance with the following: provisions:
By -law No. 7284/13
Page 4
(i)
Lot Area (minimum),. 350 square metres
(ii)
Lot Frontage (minimum):
A 12.0 metres
B 10.0 metres for lands shown as hatched on Schedule II
- attached to this by -law
C 8.5 metres for lands shown as'cross hatched on
Schedule. l( attached to this by -law
D 8.5 metres for lands shown as dashed on Schedule II
attached to this by -law
(iii)
Front Yard Depth (minimum):
A 4.5 metres
B the dashed area, as shown on Schedule II attached to
this.by -law, is exempted from paragraph 5.(1)(b)(iii) A,
above.
(iv)
Side Yard Width (minimum,): 1:2 metres 'on one .
side and 0.6 on the
other '
(v)
Flankage Side yard width' (minimum):
A for lots abutting Fairport Road: 3.0 metres
B for all other ,lots: 2.7 metres
(vi)
Rear Yard Depth (minimum 7.5 metres `
(vii)
Building Height (maximum):
A 10.0 metres
B 9.0 metres for lots abutting Fairport Road and
abutting any existing residential lots on adjacent `
lands, as of the date of the passing of this by -law
(viii)
Lot Coverage (maximum) 38 percent
By -law No. 7284/13
Page 5
(ix) Dwelling Unit Requirement:
maximum one dwelling per lot and minimum gross floor area
residential of 100 square metres;
(x) Garage Requirements:
minimum one private garage per lot attached to the main
building and vehicular entrance of which shall be located not
less than 6.0 metres from the front lot line and not less than-
6.0 metres from any side lot line immediately adjoining or
abutting a reserve on the opposite side of the street
(xi) Garage Projection (maximum):
A 2.0 metres beyond the wall containing the main
.entrance to the dwelling unit, except where a covered
and unenclosed porch extends a minimum of.
1.8 metres from the wall containing the main entrance
to the dwelling unit, in which case no part of any
attached private garage shall extend more than
3.0 metres beyond the wall containing the main.
entrance.to the dwelling unit
B despite clause 5.(2)(b)(xi) A, above, garage projection
requirements are exempted for those lots shown in
the crosshatched on Schedule 11
(xii) Obstruction of Yards (maximum):
A any unenclosed porches not exceeding 1.5 metres in
height above established grade, may encroach a
maximum of 2.0 metres into the required minimum
.front yard, and minimum flankage side yard
B for lots abutting the OS -HL zone, any uncovered
decks, platforms and steps not exceeding 3.0 metres
in height above established grade, may encroach a
maximum of 3.0 metres into the required minimum
rear, yard
C for all other lots, any uncovered decks, platforms and
steps not. exceeding 1.5 metres in height above
established grade, may encroach a maximum of
2.5 metres into the required minimum rear yard
By -law No. 7284/13
Page 6
D bay, bow or box window may encroach a maximum
into required yards as follows:
(1) front yard 0.6 metres;
(II) flankage yard 0.6 metres;
(111) rear yard 0.6 metres
(IV) eaves above these
features: may project to a
further 0.6 metres
into the required
front, flankage or
rear yards;
(xiii) Special Regulations:
A despite the provision 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
B despite clause 5.(1)(b), a water meter building required
by the Region of Durham for the purpose of measuring
the quantity of water delivered shall be exempted from
"S3 -13" zone requirements. However, such building or
structures shall be as far as possible, in substantial
compliance with the regulations of "S3 -13" zone
C the rear lot line shall be deemed to be the easterly
and southerly lot lines for those lands shown as cross
hatched on Schedule II
D the rear lot line shall be deemed to be the easterly lot
line for those lands shown as dashed on Schedule II
(2) (a) Uses Permitted ( "OS -HL" Zone)
No person shall within the lands. designated "OS -HL" on Schedule I
attached hereto, 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
(iii) pedestrian trails and walkways
By -law No. 7284/13 Page 7
(b) Zone Requirements ( "OS -HU Zone) .
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,
resource management, or pedestrian trail and walkway purposes.
6. Model Homes
(1) Despite the provisions of Clause 6.1 of By-law _3036, a maximum of 4 model
homes, together with not fewer than two parking spaces per Model Home,
may be constructed on the lands set out in' Schedule I attached to this
By -law prior to the division of those lands by registrations of a ,plan of
subdivision;
(2) For the purpose of this By -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 pursuant to an agreement with the
City of Pickering.
7. 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.
8. - Effective Date
This By -law shall come into force in accordance with the provisions of the
Planning Act
By -law passed this 17th day of June, 2013.
QL
David Ryan, Vy . -
Debbie Shields, City Clerk