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HomeMy WebLinkAboutBy-law 7384/14 The Corporation of the City of Pickering By-law No. 7384/14 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, Part of Lot 18, Concession 2, City of Pickering (A17/11 & SP-2011-04) Whereas the Council of The Corporation of the City of Pickering received an application' to rezone the subject lands being Part of Lot 18, Concession 2, in the City of Pickering to permit residential, parkland, open space and stormwater management uses; 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. Schedule Schedule I attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. 2. Area Restricted The provisions of this By-law shall only apply to those lands being Part of Lot 18, Concession 2, City of Pickering, designated "S4-11", "SA-14", "SA-15", "NP", "OS-HL", and "UR" 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) "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) "Corner Rounding" shall mean a.lot line of a corner lot at the intersection of two street lines in the form of an arc, that joins the front lot line to the flankage lot line; By-law 7384/14 Page 2 (3) (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, Single or Single Detached or Detached Dwelling" shall mean a dwelling containing one dwelling unit and uses accessory thereto which is freestanding from other main 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 an above ground common wall; (4) "Front Lot Line" shall mean the line that divides a lot from the street or a 0.3 metre reserve provided that, in the case of a corner lot, the shorter lot line that abuts a street shall be deemed to be the front lot line and the longer lot line that so abuts shall be termed the "flank" of the lot; (5) "Lane" shall mean a thoroughfare not intended for general traffic circulation that provides means of vehicular access to the rear of a lot where the lot also fronts or flanks onto a street, or where a lot fronts onto public or private open space. The lane may be maintained by a condominium corporation as a private road condominium or by a governmental authority; (6) (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 distance from the front lot line; (c) "Lot Line" shall mean a line delineating any boundary of a lot; (7) "Neighbourhood Park" shall mean a municipal park; (8) "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; (9) "Storey" shall mean that 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; By-law 7384/14 Page 3 (10) "Street" shall mean a public highway but does not include a lane. Where a 0.3 metre reserve abuts a street, or where a daylighting triangle abuts a street, for the purposes of determining a front lot line, flankage lot line, flankage yard and corner lot, the street shall be deemed to include the 0.3 metre reserve and/or the daylighting 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; (11) (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, 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 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 7384/14 Page 4 5. Provisions ("S4-11", "SA-14", and "SA-15" Zones) (1) Uses Permitted ("S4-11" Zone) No person shall, within the lands designated "S4-11" on Schedule I attached hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: • (a) single dwelling (2) Zone Requirements ("S4-11" Zone) No person shall, within the lands designated "S4-11" on Schedule I attached hereto, use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (a) Lot Frontage (minimum): 9.0 metres (b) Lot Area (minimum): 225.0 square metres • (c) Lot Depth (minimum): 25.0 metres (d) Front Yard Depth (minimum): 3.0 metres (e) Interior Side Yard Width 1.2 metres on one side and (minimum): 0.6 metres on the other side and provided there is a minimum 1.2 metres separation between dwellings • on adjacent lots (f) Flanking Side Yard Width 2.4 metres (minimum): (g) Rear Yard Depth (minimum): 7.0 metres (h) Building Height (maximum): 12.0 metres (i) Driveway Width (maximum): 55 percent of lot frontage (j) Lot Coverage for All Accessory 15 square metres • Buildings (maximum): (3) Uses Permitted ("SA-14" and "SA-15" Zones) (a) No person shall, within the lands designated "SA-14" 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 accessed from a street By-law 7384/14 Page 5 (b) No person shall, within the lands zoned "SA-15" on Schedule I attached hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: • (ii) single attached dwelling accessed from a lane (4) Zone Requirements ("SA-14" and "SA-15" Zones) No person shall, within the lands designated "SA-14" and "SA-15" 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-14 SA-15 Zone Zone (a) Lot Frontage (Minimum) 6.0 metres 5.0 metres (b) Lot Area (Minimum) 150 square metres 115 square metres (c) Lot Depth (Minimum) 24.0 metres 23.0 metres (d) Front Yard Depth 3.0 metres (minimum) (e) Interior Side 1.2 metres, except where dwellings on abutting Yard Width lots share a common wall, no interior side yard (minimum) shall be required adjacent to that wall on either lot (f) Flanking Side Yard Width 2.4 metres (minimum) (g) Rear Yard Depth 7.0 metres 6.0 metres (minimum) • By-law 7384/14 Page 6 SA-14 SA-15 Zone Zone (h) Building Height 13.0 metres (maximum) (i) Driveway Width 50 percent of the lot 3.0 metres (maximum) frontage (j) Lot Coverage of All Accessory 15.0 square metres Buildings (maximum) (5) Special Provisions ("S4-11", "SA-14" and "SA-15" Zones) The following special provisions shall apply to all lands designated "S4-11", "SA-14", and "SA-15" (a) Setback from Clause 5.22 of By-law 3036, as amended, shall Brock Road: not apply to lands designated "SA-15" on Schedule I attached hereto; (b) Corner Rounding Despite any front yard depth or flankage side yard Setback width requirement, on a corner lot, the setback to (minimum): a corner rounding shall be 1.75 metres; (c) Parking Despite Section 21.2 of By-law 3036, as Requirement amended, two private parking spaces per (minimum): dwelling unit which can be provided either within an attached garage or with one parking space in an attached garage and one parking space in a driveway immediately in front of the parking garage for that dwelling unit; (d) Garage One private garage per lot, any vehicular Requirements entrance of which shall be located not less than (minimum): 6.0 metres from the front lot line or rear lot line for lots accessed by a lane 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 Parking Each parking space within a private garage shall Size (minimum): have a minimum width of 2.9 metres and a minimum depth of 6.0 metres provided, however, that the width may include one interior step and the depth may include two interior steps; By-law 7384/14 Page 7 (f) Garage Projection 2.0 metres beyond the wall containing the main (maximum): 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; (g) Yard Encroachments In addition to the provisions of Section 5.7 of By-law 3036, as amended, and despite Section 5.(5)(b) of this By-law, the following shall also apply: (i) a covered or unenclosed porch, veranda or balcony, with or without a foundation, may have the following minimum setbacks: A to front lot line: - 1.0 metres B to flankage lot line: - 1.0 metres C to interior side lot line: - 0.6 metres D to rear lot line: - 5.0 metres E to a corner rounding: - 1.0 metres F eaves above these - a further 0.6 metres into any features may project: required yard or corner rounding setback (ii) uncovered steps minimum - 0.4 metres setback to a front lot line: (iii) uncovered decks of any height are permitted in the rear yard provided minimum setbacks are provided as follows: A to interior side lot - 0.6 metres line: B to flankage lot line: - 1.0 metres C to rear lot line: - 3.0 metres D steps from a deck: - may encroach an additional 1.2 metres onto the rear yard By-law 7384/14 Page 8 (iv) bay, bow or box windows may encroach a maximum into required yards as follows: A front yard: - 0.6 metres B flankage yard: - 0.6 metres C rear yard: - 1.0 metres D eaves above - may project to a further 0.6 metres into any these features: required yard or corner rounding setback 6. Provisions ("UR" Zone) (1) Uses Permitted ("UR") No person shall within the lands designated "UR" on Schedule I attached hereto use any lot or erect, alter or use any building or structure for any purpose except for outdoor recreation uses without buildings or structures. 7. Provisions ("OS-HL" Zone) (1) Uses Permitted ("OS-HL") 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 except the following: (a) resource management, including a stormwater management facility; (b) pedestrian and bicycle trails; - (2) Zone Requirements ("OS-HL" Zone) No buildings or structures shall be permitted to be erected except where buildings or structures are used only for purposes of resource'management, including a stormwater management facility; pedestrian and/or bicycle trails. 8. Provisions("NP" Zone") (1) Uses Permitted ("NP") No person shall within the lands designated "NP" on Schedule I attached hereto use any lot or erect, alter or use any building or structure for any • purpose except the following: • (a) neighbourhood park By-law 7384/14 • Page 9 9. Model Homes (1) Notwithstanding any provisions in By-law 3036 to the contrary, a maximum of 8 Model Homes, together with no 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 for these lands by registration of a plan of subdivision; (2) For the purposes 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. 10. 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 appears to the area set out in Schedule I attached hereto. Definitions and subject matter not specifically dealt with,in this By-law shall be governed by relevant provisions of By-law 3036, as amended. 11. 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. David Ryan, M. v or Debbie Shields, City Clerk - V — W - W . j _- o I co J � —J I I I . I / UR IV STREET A S4-11 A --- „ OS-HL . I \ -, STREET B A I x SA-14 R u- II. . STREET E � Q 7I' • ' ' F T W Q 3 i U SA-14 R o W 1— W - T 3 —- U 0 n.4. I �. r I . m STREET D 1 1 71i- -I —W NP I. — J l n.. s 1 . . _ UR STREET,B r, — 1 S4-11 • .;1 OS-HL J 1 Q II jLJ- 4" CRF4-7f I . • SCHEDULE I TO BY-LAW 7384/14 PASSED THIS 15th DAY OF September 2014 �/ .. .. MAYOR -iir CLERK .