HomeMy WebLinkAboutBy-law 7633/18The Corporation of the City of Pickering
By-law No. 7633/18
Being a By-law to amend Restricted Area (Zoning) By-law 3037,
as amended, to implement the Official Plan of the
City of Pickering Region of Durham, Part of Lot 19, Concession 3,
Part 3, 40R-26764, Part 40, 40R-6934, and Part 2, 40R-29605,
City of Pickering (A 07/17, SP -2017-04, CP -2017-02)
Whereas the Council of The'Corporation of the City of Pickering deems it desirable to
permit a common element condominium consisting of rear lane townhouses and street
townhouses and a standard condominium consisting of stacked townhouses on lands
being Part of Lot .19, Concession 3, Part 3; 40R-26764, Part 40, 40R-6934, and Part 2,
4QR-29605, City of Pickering,
And whereas an amendment to By-Iaw 3037, as amended is therefore deemed
necessary;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1.' Schedules I and II
Schedules I and II to this By-law with notations and references shown thereon.
are hereby declared to be part of this By-law.
Area Restricted
The provisions of this By-law shall apply to those lands being Part of Lot 19,
Concession 3, Part 3, 40R-26764, Part 40, 40R-6934, and Part 2, 40R-29605, in
the City of Pickering, designated "MU -MD -3", and "MU -MD -4" on Schedule I to
this By-law
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.
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. 7633/18 Page 2
(2) "Amenity Area" means an outdoor area located anywhere on a lot, or the
roof of a parking structure, private garage or any other building which
includes landscape area, but which may also include areas of decking,
decorative paving or other similar surface and includes a balcony, porch or
deck and which has direct access from the interior of the. dwelling .unit.
"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.
(4) "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.
.(5) "Building" means a structure occupying an area greater than 10.0 square
metres and consisting of any combination of walls, roof and floor but shall,
not include a mobile home.
(6) . "Build -to -Zone" means an area of land in which or part of a building
elevation of one or more buildings is to be located.
"Condominium, Common Element" means spaces and features owned in'.
common by all shareholders in a condominium and may include private
streets walkways and parking and amenity areas.
(8) "Corner Rounding" shall mean a lot line of a'corner lot at the intersection of
two street lines including private street lines in the form of an arc, which
joins the front lot line to the flankage or side lot line and joins the rear lot
line to the flankage or side lot line.
"Deck" means a raised platform attached to the exterior wall of a building
and with direct access from within a building and from grade.
(10) (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;
(7)
(9)
(b) "Dwelling Unit" means a residential unit that:
i) consists of.a self-contained set of rooms located'in a building or
structure;
ii). is used or intended for use as a residential premises;
iii) contains kitchen and bathroom facilities that are intended for the
use of the unit only; and
By-law. No. 7633/18 Page 3
iv) is nota mobile home or any vehicle:
(c) "Dwelling, Multiple Horizontal" means a building containing three, or
more dwelling units attached horizontally by an above -grade wall or
walls.
(d) "Dwelling, Stacked" means 'a residential use building'for four or fewer
storeys in height containing three or more principle dwelling units
where the units are divided horizontally and vertically and in which,
each dwelling unit has an independent entrance at the ground level or,
through a common entrance at the ground level or at the first storey
above ground and may have shared exit facilities above the first floor.
(11) "Grade" or "Established Grade" means, when used with reference to a
building, the average elevation of the finished surface of the ground where
it meets the exterior of the front of such building and when used with
reference to a structure shall mean the average elevation of the finished
surface of the ground immediately surrounding such structure, exclusive in
both cases of any artificial embankment.
(12) "Height, Building" means the vertical distance between the established
grade, 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
ofa gabled, hip or gambrel roof, the mean height level between eaves and
ridge.._
(1`3) "Landscaped Area" means an outdoor area comprising trees, plants,
decorative stonework, retaining walls, walkways, or other landscape or
architectural elements, excluding aisles, private streets, driveways,
;porches, decks, and areas for loading, parking or storing of vehicles.
(14) -(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;
(d) "Lot, Through" means a lot bounded on opposite sides by a street
By-law No. 7633/18 Page 4
(15) "Parapet Wall" means the portion of an exterior wall extendingabove the
roof.
(16) "Porch" means a roofed deck or portico structure attached to the exterior.
wall of a building, a basement may be located under the porch.
(17) "Primary Entrance Door" means the principal entrance by which the
resident enters or exists a dwelling unit.
(18) "Private garage" means an enclosed or partially enclosed structure for the
storage of one or more vehicles, in whichstructure no business or service
is conducted for profit or otherwise.
'(19) "Storey" means that portion of a buildingother 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:
(20) (a) "Street" means a public highway but does not include a lane. Where a
0.3 .metre reserve abuts a.street, or where a daylight triangle abuts a
street, for thepurposes of determining setbacks the. street shall be
deemed to include the 0,3 metre reserve and/or the daylight triangle,
however, nothing herein shall be interpreted as granting a public right
of access over the 0.3 metre reserve oras an assumption of the
0.3 metre reserve as a public highway for maintenance; purposes
under the Municipal Act.
(b) "Street, Private means:
i) a right of -way or roadway that is used by vehicles and is
maintained by a condominium corporation;
a private road condominium, which: provides access to individual
freehold lots;.
iii)' a roadway maintained by a corporation to provide vehicular and
pedestrian access to parking lots and individual retail/commercial
units;
'iv) 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 nota lane.
(21) "Wall, Front" a primary exterior wall of a building, not including 'permitted.
projections, which contains the primary entrance door.
(22) "Water Meter Building" means a building or structure that contains devices.
supplied by the Region of Durham which measures the quantity of water.-
delivered to a property.
By-law No. 7633/18 Page 5
(23) (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 .sidelot 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 th'e 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 not including a private street or abutting on a reserve on the
opposite side of which is a street;
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.
Provisions ("MU -MD -3" Zone)
(1) Uses Permitted ("MU -MD -3" Zone)
No person shall within the lands zoned "MU -MD -3" 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)
By-law No. 7633/18
Page.6
(a) Multiple Dwelling — Horizontal
(b) Private Park.
(2) Zone Requirements ("MU -MD -3" Zone)
No person shall within the lands zoned "MU -MD -3" on Schedule I to this
By-law, use any lot or erect, alter, or use any building except in
accordance with the following provisions:
Integrated garage
at the rear of the
dwelling
Integrated garage at
the front of the:
dwelling
(a):
.LofFrontage
"(minimum)
(b)
Lot Area
(minimum)
110 square metres
130 square metres
(c).
(d)
Front Yard .Depth,
(minimum)
Side Yard Depth
(minimum)
1.5 metres except where dwellings on
abutting lots share a common wall, no ..
interior side yard shall be required adjacent
to that wall on'either.lot
(e)
(f)
(g):
(1)
Rear Yard Depth
(minimum)
Flankage Yard
Depth (minimum)
Building- Height
(maximum)
Parking-
Requirements
(minimum)
Visitor Parking
Requirements
(minimum)
2.0 parking spaces per dwelling unit
0.2 of a parking space per dwelling unit
which may be provided ona separate lot.
G)
Garage
Minimum one, private' garage per lot
attached to the main building, the vehicular
By=law No. 7633/18
Page 7
(3).
Integrated garage
at the rear of the
dwelling
Integrated garage at
the front of the
dwelling
Requirernents
entrance of which shall be located not less
than 6.0 metres from the common element
condominium street
(k)"
,Interior Garage
Size (minimum)
A private garage shall have a'minimum
width of 28 metres and a minimum depth.
of 6.0 metres provided, however, the width
may include one interior step and the depth
may include two interior steps
Driveway Width
(maximum)
3.7 metres
For lots with an integrated garage at
the rear of the dwelling and with a lot
frontage of 6.0 metres or greater, the
maximum driveway width shall be
5.5 metres
Special Provisions ("MU -MD -3" Zone)
(a) Projections such as window sills, chimney breasts, fireplaces, belt
courses, cornices, pilasters, eaves, eave troughs, walls or screens to
screen utilities and other similar architectural features may be
permitted in any required yard, provided that no such feature projects
into the required yard more than 06 of a metre or half the distance of
the required yard, whichever is less;
) A porch, 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, uncovered deck or balcony may encroach into any required
flankage yard to a maximum of 2.0 metres and into any required side
yard to a maximum of 1.2 metres;
(d) A porch or uncovered deck or balcony may encroach into any
required• rear yard to a maximum of 3.0 metres for dwellings with an
integrated garage at the rear of the dwelling and 2:0 metres for
dwellings with an integrated garage at,the front of the dwelling;
(e) Stairs may encroach to within 0.3 of a metre of the front lot line or
flankage lot line; to within 1.0 metre of a rear lot line; and to within
0.3 of a metre of a side lot line;
By-law No. 7633/18 Page 8
(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 of a metre or half the distance of the required yard,
whichever is less;
(g) Despite any minimum front yard depth, rear yard depth, side yard
depth or flankage yard depth, on a corner lot, the minimum setback
to a corner rounding at the front of a lot shall be 1.0 metre, the
minimum setback to a corner rounding at the rear of a lot shall be
0.4 of a metre, and the minimum setback to a corner rounding at the
side yard or flankage of a lot shall be 0.4 of a metre;
(h) 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 with the exception of units located in the amenity area provided
on the balcony above the garage or driveway shall not be located
any closer than 0.6 of a metre to a side lot line and shall not be
located on any easement in favour of the City.
(4) Special Regulations ("MU -MD -3" Zone)
(i)
Despite the provisions of Section 5.6 of By-law 3037, 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 on Schedule I to this By-law;
(ii) Despite Section 5(4)(i) above, the lot lines that abut Four Seasons
Lane and Palmer's Sawmill Road shall be deemed to be the Front
Lot Lines for the lots zoned"MU-MD-3" on Schedule I to this By-law;
(iii) A water meter building required by the Region of Durham for the
purpose of measuring the quantity of water delivered shall be exempt
from "MU -MD -3 zone use provisions and zone requirements;
(iv) Minimum Private Amenity Area for units with an integrated garage at
the rear:
(i) 10 square metres of amenity area shall be provided on the
balcony above the garage or driveway and located at the rear of
the dwelling unit;
(ii) accessory structures such as pergolas, shed or other similar
structures shall not be permitted on the balcony 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.
By-law No. 7633118 Page 9
Provisions ("MU -MD -4" Zone)
(1) Uses Permitted ("MU -MD -4" Zone)
No person shall within the lands zoned "MU -MD -4" on Schedule l to this
By-law, use any lot or erect, alter, or use any building or structure for any
purpose except the following:
(a) Stacked Dwelling
(2) Zone Requirements ("MU -MD -4" Zone)
No person shall within the lands zoned "MU -MD -4" on Schedule I to this.
By-law, use any lot or erect, alter, or use any building except in
accordance with the following provisions:
(3)
(a) Building Location and Setbacks:
(i) No building or part of a building or structure shall'be erected
outside of the building envelope asillustrated on the Schedule!!
attached hereto
(ii) No building or partof a building or structure shall be erected
within the building envelope, unless a minimum of 60 percent of
the length of the build -to -zone along the frontage of Brock Road.,
as illustrated on Schedule 11 attached hereto, contains a building
or part of a building:
(iii) The minimum separation distance between the exterior walls of
buildings, except for the front wall, shall be 5.0 metres.
(b) Building Height (maximum): 12.5 metres
Parking Requirements ("MU -MD -4" Zone)
(a) 1.0 parking spaces per dwelling unit shall be provided either in a
private garage or in a parking area plus 0.2 of a parking space per
dwelling unitfor visitors. Resident and visitor parking spaces may be
provided on a separate lot and secured by an easement.
(b) Any vehicular entrance for an enclosed private garage shall be
located a minimum of 6 metres from the private street that provides
vehicle access to the private garage.
(c) Each parking space within a private garage shall have a minimum
width of 2.8 metres and a minimum depth of 6.0 metres; however, the.
width of a private garage may include 1 interior step and the depth
may include 2 interior steps.
By-law No, 7633/18 Page 10
(d) ; Air Conditioners are permitted on a lot provided such units shall not
belocated any closer than 0.6 of a metre to any lot line and shall not
be located on any easement in favour of the City.
(e)
Minimum Private Amenity Area for lands zoned "MU -MD -4" on
Schedule I to this By-law: 5.0 square metres.
Projections ("MU -MD -4" Zone)
(a) Despite Section 6(2)(a)(i) of this By-law, stairs, covered and
uncovered porches and platforms, uncovered decks, bay, box and.
bow windows, balconies, eaves, canopies, window sills, supporting
structures and footings and other similar features are permitted to
project beyond the building envelope as illustrated on Schedule I1,
but not closer than 1.5 metres to any lot line.
Special Provisions ("MU -MD -3" and "MU -MD -4" Zones),.
(a) Number of dwelling units permitted on lands zoned MU -MD -3 and
MU -MD -4:
(i) Minimum number of dwelling. units - 190
(b) One private park having a minimum lot area of 670 square metres shall be
provided on lands zoned MU -MD -3 or MU -MD -4
(c) Sections 5,10, 5.19.2, 5.20, 5.2.1, and 5,22 of By-law 3037, as amended,
shall not apply to the lands zoned "MU -MD -3" and "MU -MD -4" on
Schedule Ito this By-law;
Restrictions on the Parking and Storage of Vehicles ("MU-MD-3";and,
"MU -MD -4" Zones)
No person shall use any lot for the parking or storage of vehicles except in
• accordance with the following provisions:
(1) Number of Vehicles:
(i) A maximum of 2 vehicles, only 1 of which may be a trailer, are
permitted to park on a driveway.
(2) Size of Vehicles:
(i) for those vehicles parked on any driveway,the maximum
permissible height is 2.6 metres, and the maximum permissible
length is 6.0 metres;
By-law No. 7633/18 Page 11
(ii) height is measured from the established grade immediately beside
the vehicle up to the vehicle's highest point, which excludes lights,
antennas and other such items ancillary to the vehicle's body.
(3) Location of Vehicles:
(i)
No part of any yard. except a driveway is to be used for the parking or
storage of vehicles and no vehicle is to encroach onto any Street or.
Private Street.
(4) Inoperative Vehicles:
(i) The parking or storage of an inoperative vehicle is not permitted
unless it is entirely within a fully enclosed building or. structure
Construction Vehicles:
(i) The parking or storageof a construction vehicleor a commercial
vehicle is not permitted, unless it is entirely within a fully enclosed
building or structure.
(5)
(6) Oversize Vehicles:
(i)
A vehicle that exceeds the maximum permissible vehicle size
provisions of Section 8(2) of this By-law, is permitted to park
temporarily for the sole purpose of delivering to, servicing or
constructing the premises.
Model Homes
(1) A maximum. of 2 blocks, together with not fewer thantwo parking spaces
per Model Horne, may be constructed on the lands zoned "MU -MD -3" as
set out in Schedule l attached to this By-law prior to,the division of those'
lands by lifting of part lot control.
(2) A maximum of 1 block, together with notfewer than two parking spaces
per Model Home, may be constructed on the lands zoned "MU -MD -4" as
set out in Schedule I attached to this' By-law.
(3) 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:
By-law No. 7633/18 Page 12
10. By-law 3037
By-law 3037, 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 Schedules I and 11 to this By-law. Definitions and subject matters not
specifically dealt with in this By-law shall be governed by relevant provisions of
By-law 3037, 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 25th day of June, 2018.
Debbie Shields, City Clerk
Schedule I to By -Law 7633/18
Passed This 25th
Day of _June, 2018
Mayor
0
0
Clerk
Legend
Building Envelope
Build to Zone
►m
3rr
3m
MU -MD -3
Ff.
Palmer's Sawmill Road
E
Schedule 11 to By -Law 7633/18
Passed This 25th
Day of June, 2018
Mayor
Clerk