HomeMy WebLinkAboutBy-law 7378/14 The Corporation of the City of Pickering
By-law No. 7378/14
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 27 and 28,
Part Lots 24, 25 and 26, Registrar's Compiled Plan 819, Part
Lots 54 and 55, Registrar's Compiled Plan 1041, being
Parts 3 and 4, 40R-28010, Parts 7 and 8, 40R-17242, Part 2,
40R-24073.and Part 2, 40R-25532, City of Pickering (A 9/13)
Whereas the Council of The Corporation of the City of Pickering received an application
to rezone the subject lands being in Lots 27 and 28, Part Lots 24, 25 and 26, Registrar's
Compiled Plan 819, Part Lots 54 and 55, Registrar's Compiled Plan 1041, being Parts 3
and 4, 40R-28010, Parts 7 and 8, 40R-17242, Part 2, 40R-24073 and Part 2, 40R-25532,
in the City of Pickering to permit 27 lots for detached dwellings and 8 blocks for future
residential development;
And whereas an amendment to Zoning 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. 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 in Lots 27 and 28, Part
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Lots 24; 25 and 26, Registrar's Compiled Plan 819, Part Lots 54 and 55,
Registrar's Compiled Plan 1041, being Parts 3 and 4, 40R-28010, Parts 7 and 8,
40R-17242, Part 2, 40R-24073 and Part 2, 40R-25532, in the City of Pickering,
designated "R3", "S3-7", and "(H) S3-7" on Schedule I attached hereto.
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) (a) "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.
14 By-law No. 7378/14 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 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:
(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) "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.
(5) (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 maybe, 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.
(6) (a) . "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.
(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 ground except for such
accessory buildings, structures, or other uses as are specifically
permitted thereon;
By-law No. 7378/14 Page 3
(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;
(k) "Wall, Front" shall mean the wall of the dwelling closest to the front
lot line.
5. Provisions ("R3" Zone and "S3-7" Zone)
(1) Uses Permitted ("R3" and "S3-7")
No person shall within the lands zoned "R3" and "S3-7" on Schedule I
attached hereto, use any lot or erect, alter, or use any building or structure
for any purpose except the following:
(a) detached dwelling
By-law No. 7378/14 Page 4
(2) Zone Requirements ("R3" Zone and "S3-7" Zone)
No person shall within the lands zoned "R3" and "S3-7" on Schedule I
attached hereto use any lot or erect, alter or use any building or structure
except in accordance with the provisions as set out in the following table:
"R3" "S3-7"
Zone Zone
(a) Lot Frontage 15.0 metres 12.0 metres
(minimum)
(b) Lot Area 400.0 square metres 350.0 square metres
(minimum)
Front Yard
(c) Depth 7.5 metres 4.5 metres
(minimum)
Rear Yard
(d) Depth 7.5 metres
(minimum)
Side Yard minimum side yard
(e) Width 1.5 metres depth of 1.2 metres on
(minimum) one side and 0.6 metres
on the other side
Flankage
(f) Side Yard 1.5 metres
Width
(minimum)
(i) maximum
10.0 metres
(ii) maximum
Building 12.0 metres for the
(g) Height 10.0 metres lots in the cross
(maximum) hatched area as
shown on Schedule
attached to this
by-law
Driveway
(h) Width 55 percent of the lot frontage
(maximum)
By-law No. 7378/14 Page 5
(3) Special Provisions ("R3" Zone and "S3-7" Zone)
The following special provisions shall apply to lands zoned
"R3" and "S3-7" on Schedule I:
(a) Garage Requirements
minimum one private garage per lot attached to the main building
and the 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 which is a street;
(b) Garage Projection (maximum):
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; •
(c) Obstruction of Yards (maximum):
(i) 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;
(ii) any uncovered decks, platforms and steps not exceeding
1.5 metres in height above established grade, may encroach a
maximum of 3.0 metres into the required rear yard;
(iii) bay, bow or box window may encroach a maximum into required
yards as follows:
A front yard 0.6 metres
B flankage yard 0.6 metres
C rear yard 0.6 metres
D eaves above these features may project to a further
0.6 metres into the
required front or rear yards
6. Provisions ("(H) S3-7" Zone)
(1) Uses Permitted ("(H) S3-7" Zone)
Until such time as the "(H)" Holding Provision is lifted, the lands shall not
be used for any purposes other than the following:
By-law No. 7378/14 Page 6
(a) Private Open Space
(2) Zone Requirements ("(H) S3-7" Zone)
The "(H)" Holding Symbol shall be removed from the "S3-7" zone until the
completion of the following:
(a) Wingarden Crescent is extended further south to the satisfaction of
the City
7. Model Homes
(1) Despite the provisions of Clause 6.1 of By-law 3036, a maximum of 3 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.
8. 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.
9. Effective Date .
This By-law shall come into force in accordance with the provisions of the
Planning Act.
By-law passed this 14th day of July, 2014.
David R . -, or
Debbie Shields, City Clerk
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SCHEDULE I TO BY-LAW 7378/14
PASSED THIS 14th
• DAY OF July- 2014
• MAYOR
- Lkk.d.A.e) . •
1 .CLERK . .
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