HomeMy WebLinkAboutBy-law 7383/14 The Corporation of the City of Pickering
By-law No. 7383/14
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, at 1283 Wharf
Street, Lot 20, Plan M89, City of Pickering (A 5/14)
Whereas the Council of The Corporation of the City of Pickering received an application
to rezone the subject lands being Lot 20, Plan M89, in the City of Pickering to permit the
development of 4 townhouse units;
And whereas an amendment to Zoning.By-law 2511, as amended, is deemed
necessary to permit such uses; •
Now therefore the Council of The.Corporation of the City of Pickering hereby enacts as
follows:
1. Schedule
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 Lot 20, Plan M89, in
the City of Pickering, designated "SA-22" and "(H) SA-22" 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, and may or may not include a window seat; and may
include a door;
(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;
By-law No. 7383/14 Page 2
(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, Single Attached or Single Attached Dwelling" shall mean
one of a group of not less than 3 adjacent dwelling units attached
together horizontally by one above ground common wall;
(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 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;
(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. 7383/14 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 ("SA-22" Zone)
(1) Uses Permitted ("SA-22" Zone)
No person shall within the lands zoned "SA-22" on Schedule I attached
hereto, use any lot or erect, alter, or use any building or structure for any
purpose except the following:
(i) Single Attached Dwelling
By-law No. 7383/14 Page 4
(2) Zone Requirements ("SA-22" Zone)
No person shall within the lands zoned "S2-22" 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:
"SA-22"
Zone
(a) Lot Frontage 7.0 metres
(minimum)
(b) Lot Area 190 square metres
(minimum)
(c) Front Yard Depth
(minimum) 4.0 metres
(d) Rear Yard Depth
(minimum) 7.5 metres
(e) Side Yard Width 1.5 metres except where dwellings on
(minimum) abutting lots share a common wall, no
interior side yard
(h) Building Height
(maximum) 9.5 metres
(i) Lots with minimum Lot Frontage of
(i) Internal Garage Width 10.0 metres and less — 3.7 metres
(minimum) (ii) Lots with minimum Lot Frontage of
11.0 metres — 5.5 metres
(3) Special Provisions ("SA-22" Zone)
The following special provisions shall apply to lands zoned "SA-22" on
Schedule I:
(a) Building Height:
(i) notwithstanding Section 4.(4)(a), "Building Height" shall mean
the vertical distance,between the established grade, at the
front of the house, and the highest point of the roof surface
(finished upper floor);
(ii) notwithstanding provision 5.(2)(h), a parapet wall may project
a maximum of 1.8 metres above the highest point of the roof
surface (finished upper floor);
By-law No. 7383/14 Page 5
(b) Outdoor Private Amenity Area:
(i) a minimum of 25.0 square metres of outdoor private amenity
area shall be provided and located on the roof top terrace;
(ii) accessory structures such as pergolas, sheds or other similar
structures shall not be permitted on the roof top terrace;
(iii) a privacy fence located on the roof top terrace shall have a
maximum height of 1.8 metres from the highest point on the
roof surface (finished upper floor);
(iv) the outdoor private amenity area located on the roof top
terrace shall not be enclosed;
(c) Elevator and Stairwell Enclosures:
notwithstanding provision 5.(2)(h), elevator and stairwell enclosures
may project a maximum of 2.5 metres above the highest point of the
roof surface (finished upper floor);
(d) Garage Requirements:
minimum one private garage per lot attached to the main building,
• any 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 a street or abutting a reserve on
the opposite side of which is a street;
•
(e) 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;
(f) Obstruction of Yards (maximum):
(i) covered and unenclosed porches, veranda or balcony, with or
without foundations, may encroach a maximum of 3.0 metres
into the required minimum front yard and stairs may encroach
an additional 1.0 metre into the required front yard;
(ii) uncovered decks, platforms and steps may encroach a
maximum of 3.0 metres into the required rear yard;
By-law No. 7383/14 Page 6
(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 any
required yards
(g) Parking Requirements:
For each dwelling unit there shall be provided and maintained a
minimum of 2 parking spaces, one of which must be provided within
an attached private garage.
6. Provisions ("(H) SA-22"Zone)
(1) Uses Permitted ("(H) SA-22" Zone)
Until such time as the "(H)" Holding Provision is lifted, the lands shall not
be used for any purposes other than the following:
(a) Detached Dwelling existing as of the date of the passing of this
By-law;
(2) Zone Requirements ("(H) SA-22" Zone)
The "(H)" Holding Symbol shall not be removed from the"(H) SA-22" Zone
until the completion of the following:
(a) the Owner has entered into a Development Agreement with and to
the satisfaction of the City; and
(b) the Owner has submitted a revised Phase I Environmental Site
Assessment Report to the satisfaction of the Region of Durham.
7. By-law 2511
By-law 2511, 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 2511, as amended.
By-law No. 7383/14 Page 7
8. Effective Date
This By-law shall come into force in accordance with the provisions of the
Planning Act.
By-law passed this 15th day of September, 2014.
C
David Ryan, J. '.r
PC). 4iatelo
Debbie Shields, City Clerk
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SCHEDULE I TO BY-LAW 7383/14
PASSED THIS 15th
•
DAY OF September 2014.
•
MAYO R
or . •
, D. &A.O-U , • . • ,
• • CLERK