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HomeMy WebLinkAboutBy-law 7541/17 • The Corporation of the City of Pickering By-law No. 7541/17 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended by By-law 1976/85, to implement the Official Plan of the City of Pickering, Region of Durham, Block 111, Plan 40M1413 (SP-2016-02; A 10/16) Whereas the Council of The Corporation of the City of Pickering received an application to rezone the subject lands being Block 111, Plan 40M1413, in the City of Pickering to permit the development of 40 lots for detached dwellings; 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 Ito this By-law 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 Block 111, Plan 40M1413 in the City of Pickering, designated "S4-12" and "S4-13" on Schedule I to this By-law. 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) "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. • By-law No. 7541/17 Page 2 (2) "Bay, Bow, Box Window" means 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. (3) "Deck" means a raised platform attached to or abutting the exterior wall of a building and with direct access from within a building and from grade. (4) (a) "Dwelling" means 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" means a single dwelling which is freestanding, separate and detached from other main buildings or structures; (c) "Dwelling Unit" means 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. (5) "Height, Dwelling" means 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. (6) (a) "Lot" means 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" means the total horizontal area within the lot lines of a lot; (c) "Lot Frontage" means 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; (7) "Porch" means a roofed deck or portico structure attached to the exterior • wall of a building. A basement may be located under the porch. (8) "Private garage" means 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. • By-law No. 7541/17 Page 3 (9) (a) "Storey" means 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. • (b) "Storey, First" means the storey with its floor closest to grade and having its ceiling more than 1.8 metres above grade. (10) "Wall, Front" means the wall of the dwelling closest to the front lot line. (11) (a) "Yard" means 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" means 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 means 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" means 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" means 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" means 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" means 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" means 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" means 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. • By-law No. 7541/17 • Page 4 5. Provisions (1) Uses Permitted ("S4-12" and "S4-13" Zones) (a) No person shall within the lands zoned "S4-12" and "S4-13" on Schedule I 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 (2) Zone Requirements ("S4-12" and "S4-13" Zones) No person shall within the lands zoned"S4-12" and "S4-13" on Schedule I to this By-law, use any lot or erect, alter, or use any building except in • accordance with the following provisions: -. "S4-12" Zone "S4-13" Zone (a) Lot Frontage 9.75 metres 11.0 metres (minimum) • (b) Lot Area 290 square metres 320 square metres (minimum) (c) Front Yard Depth (minimum) • 4.5 metres (d) Side Yard Depth 1.2 metres on one side and 0.6 metres on the (minimum) other side (e) Rear Yard Depth i) 7.5 metres (minimum) ii) 6.0 metres for the lands in the hatched area as shown on Schedule I to this By-law • (f) Flankage Yard Depth (minimum) 2.3 metres • (g) Building Height (maximum) 12.0 metres (h) Parking . Requirements 2.0 parking spaces,per dwelling unit (minimum) (i) Driveway Width (maximum) 5.5 metres • • By-law No. 7541/17 Page 5 • "S4-12" Zone "S4-13" Zone (j) Garage Minimum 1 private garage per lot attached to Requirements the main building, the vehicular entrance of which shall be located not less than 6.0 metres from the front lot line (k) Interior Garage A private garage shall have a minimum width Size (minimum) of 2:9 metres and a minimum depth of 6.0 metres provided, however,the width may • include 1 interior step and the depth may include 2 interior steps (I) 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 (3) Special Provisions ("S4-12" and "S4-13" 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, deck or balcony may encroach into any required front yard • to a maximum of 2.0 metres; (c) A porch, deck or balcony may encroach into any required flankage yard to a maximum of 2.0 metres or half the distance of the required yard whichever is less; (d) A porch or deck may encroach into any required rear yard to a . maximum of 2.0.metres; (e) 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 metre of a rear lot line; and to within 0.6 metres of a side lot line; • By-law No. 7541/17 Page 6 (f) 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, and (g) A porch, deck or balcony off a storey above the first storey shall not encroach into the rear yard. 6. Model Homes (1) Despite the provisions of Section 6.1 of By-law 3036, as amended, a, maximum of 5 model homes, together with not fewer than 2 parking spaces per Model Home, may be constructed On the lands zoned "S4-12" and "S4-13" as set out in Schedule I attached to this By-law prior to the • division of those lands by registrations of a plan of subdivision or land division; (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 to this B y-law. 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 27th day of February, 2017. az David�Ry�a llayor ,,� Lisa Harker, Deputy#Clerk �_�_ ; q - P�AN /\S. , 404.../ , • R�/a ti ; ; 11413 O , i ; i , / , i i , , , , j /, i � , , / / , C/1 , /. , w / , ,/ , . / , , • i i S4`13 ti • N 60 - ----� r -- -- T .8 - --- z — Cl) -_. .. O o • a vs .p CT • ``- -- C.3 S4-12 . . -----------• �1a*,,,V���� 31,0 °``` ` CO -ta 46.5 ---- - 50.0 I t F 1 ,, 1 ``,\ PLA1J 4014-141 ' L --- -- 1 1 • • • _ 1‘- N SCHEDULE I TO BY-LAW 7541 /1 7 • • PASSED THIS 27th DAY OF February 2017 . 4,,Ar " ' ,C.v4.., . . MAY,e:'5 h_ ' ., = a i -.,. .7,-/,,ez, e&>. f-:--•2. . . . CLERK'