HomeMy WebLinkAboutBy-law 7527/16 The Corporation of the City of Pickering
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By-law No. 7527/16 .
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, being Range 3, Part Lot 33, 40R-29042
Parts 1 and 2, Plan 40M-1515 Blocks 85, 86, 90 and Part Blocks
84, 94, 95 Except 40R-25893 Parts 3 and 5, and.40R-28842
Parts 1 to 4, City of Pickering (A 18/15)
Whereas the Council of The Corporation of the City of Pickering received an application
to rezone the subject lands being Range 3, Part Lot 33, 40R-29042 Parts 1 and 2, Plan
40M-1515 Blocks 85, 86, 90 and Part Blocks 84,,94, 95 Except 40R-25893 Parts 3 and 5,
and 40R-28842 Part s 1 to 4 in the City of Pickering to permit a common element
condominium development; -
And whereas an amendment to Zoning By-law 3036, as amended, is required to permit
such uses;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows: -
1. Schedule
Schedule I hereto with notations and references shown thereon are hereby
declared to be part of this By-law. .
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2. Area Restricted
• The provisions of this By-law shall apply to those lands on Range 3, Part Lot 33,
40R-29042 Parts 1 and 2, Plan 40M-1515 Blocks 85, 86, 90 and Part Blocks 84,
94, 95 Except 40R-25893 Parts 3 and 5, and 40R-28842 Parts 1 to 4 in the City
of Pickering, designated "MD-H14" and "MD-H15" 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 pro_visions of
this By-law.
4. Definitions
In this By-law,
(1) "Air Conditioner" means 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.
By-law No. 7527/16 Page 2
(2) "Balcony" means 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.
(3) "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
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height, which may or may not include a foundation; may or may not
include a window seat; and may include a door.
(4) "Condominium, Common Element" means spaces and features owned in
common by all shareholders in a condominium and may include private
streets, walkways, parking and amenity area.
(5) "Deck" means a raised platform attached to the exterior wall of a building
and with direct access from within a building and from grade.
(6) (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, Detached" shall mean a single dwelling which is
freestanding, separate and detached from other main buildings or
structures;
(c) "Dwelling, Multiple — Horizontal" shall mean a building containing three
• or more dwelling units attached horizontally by an above-grade wall or
walls;
(d) "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.
(7) "Height, Building" shall mean the vertical distance between the established
grade, at the front of the dwelling, 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.
(8) (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 Area" shall mean the total horizontal area within the lot lines of a lot;
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By-law No. 7527/16 Page 3
- (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;
(d) "Lot, Through" shall mean,a lot bounded on opposite sides by a street.
(9) "Parapet Wall" shall mean the portion of an exterior wall extending above
the roof. •
(10) "Park, Private" means a park which is maintained by a condominium
corporation.
(11) "Porch" means a roofed deck or portico structure attached to the exterior
wall of a building, a basement may be located under the porch.
(12) "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. •
(13) "Street, Private" means:
a. a right-of-way or roadway, that is used by vehicles and is maintained
by a condominium corporation;
b. -a private road condominium, which provides access to individual
freehold lots;
c. 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.
' (14) "Wall, Front" shall mean the wall of the•dwelling closest to the front lot line.
(15) "Water Meter Building" means a building or structure that contains devices
supplied by the Region of Durham which measures the quality of water
delivered to a property.
(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;
By-law No. 7527/16 Page 4 •
(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) "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 ("MD-H14" and "MD-H15" Zones)
(1) Uses Permitted ("MD-H14" and "MD-H15" Zones)
No person shall within the lands zoned "MD-H14" and "MD-H15" on
Schedule I attached hereto, use any lot or erect, alter, or use any building
or structure for any purpose except the following:
(a) multiple dwelling — horizontal
(2) Zone Requirements ("MD-H14" and "MD-H15" Zones)
No person shall within the lands zoned "MD-H14" and "MD-H15" 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 provisions:
By-law No. 7527/16 Page 5
"MD-H14" Zone "MD-H15" Zone
(a) Lot Frontage(minimum) 7.0 metres 9.0 metres
Lot Area
(b) 160 square metres 240 square metres
(minimum)
Front Yard
(c) Depth 3.0 metres 6.0 metres
(minimum)
(i) 8.0 metres
Rear Yard (ii) 5.8 metres for the
(d) Depth • 6.0 metres units in the hatched
area as shown on
(minimum) Schedule I to this
By-law
Side Yard Width 1.2 metres except where dwellings on abutting lots
(e) (minimum) share a common wall, no interior side yard shall be
required adjacent to that wall on either lot
• Flankage Side
(f) Yard Width 1.2 metres • •
(minimum)
(g) Building Height 11.5 metres 8.5 metres
(maximum)
(h) Driveway Width 6.0 metres
(maximum)
Number.of
(i) Dwelling Units 22 units
(maximum)
Parking 4.0 parking spaces per dwelling unit for residents,;
(j) Requirements and 0.25 of parking space per dwelling unit for
(minimum) visitors
Minimum one private garage per lot attached to the
(k) Garage main building, the vehicular entrance of which shall
Requirements be located no less than 6 metres from the common
element condominium street
A private garage shall have a minimum width of
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Interior Garage 5.6 metres and a minimum depth of 6.0 metres
(I) Size (minimum) provided, however, the width may include one •
interior step and the depth may include two interior
steps
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By-law No. 7527/16 Page 6
(3) Special Provisions ("MD-H14" and "MD-H15" 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 metres or half the distance of the required yard, whichever is
less;
(b) A porch, an uncovered deck or balcony may encroach into any
required front yard to a maximum of 2.0 metres or half the distance of
• the required yard, whichever is less;
(c) A porch, an uncovered deck or balcony may encroach into any
required flankage yard or rear yard to a maximum of 2.0 metres;
(d) Stairs to a porch or deck may encroach to within 0.3 metres of the
front lot line or flankage lot line; to within 1.0 metres of a rear lot line;
and to within 0.6 metres of a side lot line;
(e) • 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 metres or half the distance of the required yard,
whichever is less;
(f) 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 metres to a side lot line
and shall not be located on any easement in favour of the City;
(g) An outdoor private park shall be provided having a minimum area
of 120 square metres;
(h) Outdoor Private Amenity Area for lands zoned "MD-H14" on
Schedule Ito this By-law:
(i) a minimum of 14 square metres of outdoor private amenity area
shall be provided on the balcony above the garage and located
at the rear of the dwelling unit;
(ii) accessory structures such as pergolas, sheds or other similar
structures shall not be permitted on the deck above the garage
at the rear of the dwelling unit;
(iii) the outdoor private amenity area located above the garage at
the rear of the dwelling unit shall not be enclosed.
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By-law No. 7527/16 Page 7
(4) Special Regulations ("MD-H14" and "MD-H15" 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 zoned "MD-H15"on Schedule Ito this By-law;
(b) Despite Sections 5.(4)(a) above, the lot line abutting Altona Road
and Twyn Rivers Drive shall be deemed to be the Front Lot Line for
the lands zoned "MD-H14" on Schedule I attached hereto;
(c) Despite Sections 5.(1)(a) and 5.(2) of this By-law, a water meter
building required by the Region of Durham for the purpose of
measuring the quality of water delivery shall be exempted from
"MD-H14" and "MD-H15" zone use provisions and zone requirements;
(d) Sections 5.22 and 6.4 of By-law 3036, as amended, shall not apply to
the lands zoned "MD-H14" and "MD-H15" on Schedule I attached
hererto;
(e) Section 6.5(iv) of By-law 3036, as amended, shall not apply to the
lands zoned "MD-H14" on Schedule I attached hererto.
6. Model Homes
(1) A maximum of 1 block, together with no fewer than two parking spaces
per Model Home, may be constructed on the lands zoned "MD-H14" and •
"MD-H15" as set out in Schedule I attached to this By-law prior to the
division of those lands by lifting of part lot control;
(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.
By-law No. 7527/16 Page 8
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8. . Effective Date • -
This,By-law shall-come into force in accordance with Sections 24(2), 34(21) and
other relevant provisions of the Planning Act.
By-law passed this 12th day of December, 2016.
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David Rya ayo
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