HomeMy WebLinkAboutBy-law 7723/19The Corporation of the City of Pickering
By-law No. 7723/19
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 33, Concession 2,
Part 1, 40R-2582, Parts 3, 6, 7 and 14, 40R-29767 and Part 1,
40R-10888 City of Pickering (A 02/18)
Whereas the Council of The Corporation of the City of Pickering deems it desirable to
permit a common element condominium consisting of semi-detached dwellings and
townhouse units on lands being Part of Lot 33, Concession 2, Part 1, 40R-2582,
Parts 3, 6,' 7 and 14, 40R-29767 and Part 1, 40R-10888, City of Pickering;
And whereas an amendment to Zoning By-law 3036, as amended, is therefore deemed
necessary;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. Schedule l
Schedule I 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 33,
Concession 2, Part 1, 40R-2582, Parts 3, 6, 7 and 14, 40R-29767 and Part 1,
40R-10888, in the City of Pickering, designated "MD -H17", "MD -H18" and "SD -8"
on Schedule I to this By-law.
General Provisions
No building, structure, land or part thereof shall hereafter be used, occupied,
erected, moved orstructurally altered except in conformity with the provisions of
this By-law.
Definitions
In this By-law,
(1) "Air Conditioner" shall mean 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.
(2) "Amenity Area" shall mean 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.
By-law No. 7723/19 Page 2
(3)
"Balcony" shall mean 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 orrailing, and does not have direct exterior access to grade.
(4) "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; may or may not
includea window seat; and may include a door.
(5) "Condominium, Common Element" shall mean spaces and features
owned in comment byall shareholders in a condominium and may include
private streets, walkways and parking an amenity areas.
(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 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;
"Dwelling, Semi -Detached" shall mean a residential use building
containing two attached principal dwelling: units that are divided
vertically, with each unit having frontage on a street, except where
located within a planned unit development;
(e). "Multiple Dwellings Horizontal" shall mean a building containing
three or more dwelling units attached horizontally by an above -grade
wall or walls.
(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.
(8) "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.
(d)
By-law No. 7723/19 Page 3
(9)
(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 thewidth of a lot between the side lot lines
measured along a line parallel to and 7.5 metres distant from the
front lot line.
(10.) "Park, Private" means a park which is maintained by a condominium
corporation.
(11) "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.
(12) "Storey" means the 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 above it.
(13) (a) "Street" shall mean a public highway but does include a lane. Where
a 0.3 metre reserve abuts a street, or where a daylight triangle abuts
a street, for the purposes 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 or as an assumption of the
0.3 metre reserve as a public highway for maintenance purposes
under the Municipal Act.
"Street, Private" means:
i) a right-of-way or roadway that is used by vehicles and is
maintained by a condominium corporation;
ii) 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 not a lane.
(b)
(14) . "Tandem Parking Space" means two or more parkingspaces abutting
each other end to end with only one having access to an aisle.
By-law No. 7723/19 Page 4
(15) "Water Meter Building" shall mean a building or structure that contains, _
devices supplied by the Region of Durham which measure the quantity 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;
(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;
) "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 thenearest wall of the
nearest mainbuilding or structure on the lot;
"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;
"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.
(
(i)
By-law No.. 7723/19
5 Provisions ("MD -H17", "MD -H18" and "SD -8" Zones)
(1) Uses Permitted ("MD -H17", "MD -H18" and "SD -8" Zones)
(a) No person shall within the lands zoned "MD -H17" and MD -H18" on:
Schedule I to this By-law, use any lot or erect, alter, or use any
buildingor structure for any purpose except the following
Page 5
(i)
multiple dwelling - horizontal
(b) No person shall within the lands zoned "SD -8" 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)
semi-detached dwelling
(2) Zone Requirements ("MD -H17", "MD -H18" and "SD -8" Zones)
No person shall within the lands zoned "MD-H17","MD-H18" and "SD -8"
on Schedule I to this by -.law, use any lot or erect, alter or use any building
or structure except in accordance with the following provisions:
"MD -H17" Zone
"MD -H18
Zone
"SD -8" Zone
(a)
Number of
Dwelling Units
(i) Minimum number of dwelling units: 66
(ii) Maximum number of dwelling units: 108
(b)
Lot Frontage
(minimum)
3.9 metres
5.5 metres
(c)
Lot Area
(minimum)
90 square metres
140 square
metres
175 square
metres
(d)
Front Yard.
Depth
(minimum)
6.0 metres to
the garage
(1) 6.0 metres
(ii) 4.8 metres
•,for alot in
the cross
hatched area
as shown on
Schedule
(e)
Side Yard
Depth
(minimum)
1.2 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
0.75 metres
By -Law No. 7723/19
Page 6
"MD -H17" Zone
"MD -H18"
Zone
"SD -8" Zone
(f)
Rear Yard
Depth
(minimum)
1.3 metres
6.8 metres
6.8 metres
(g)
Flankage Yard
Depth
(minimum)
1.0 metres
(h)
Building
Height
(maximum)
12.0 metres
(i)
Private Park
Areas
(minimum)
750 square metres
(j)
Parking
Requirements
(minimum)
2.0 parking spaces per dwelling unit
(k)
Visitor Parking
Requirements
(minimum)
0.25 of a parking space per dwelling unit which may be
provided on a separate lot
(I)
Garage
Requirements
Minimum one private
garage per lot
attached to the main
building
Minimum one private garage per
lot attached to the main building,
the vehicular entrance of which
shall be located not less than
6.0 metres from the common
element condominium street
(m)
Interior
Garage Size
(minimum)
(i) A private garage
shall have a
minimum width of
5.6 metres and a
minimum depth of
5.7 metres
provided, however,
the width may
include one interior
step and the depth
may include two
interior steps; or
A private garage shall have a
minimum width of 3.0 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
By-law. No. 7723/19
Page •7
"MD -H17" Zone
"MD -H18
Zone
"SD -8" Zone
(ii) A private garage
may permit tandem
parking and shall
have a minimum
width of 3.0 metres
and a minimum
depth of 11.0
metres provided,
however the width
may include two
interior steps and
depth may include
one interior step
(n)
(3)
Driveway
Width
(maximum).
Not applicable
3.7 metres
6.5 metres for a
lot in the shaded
area as shown
on Schedule I
Special Provisions ("MD -H17" "MD -H18" and "SD -8" 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 of a metre .or half the distance of the required yard,
whichever is. less;
(b) : A porch, uncovered deck or balcony may encroach into any required
front yard to a maximum of 20 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) Stairs to porch, uncovered deck or an entrance 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 0.6 of a metre 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 of a metre or half the distance of the required yard,
whichever is Tess;
By-law No. 7723/19 Page 8
(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 of a metre to a side lot
line and shall not be located on any easement in favour of the City;
(g)
Minimum Private Amenity Area for lands zoned "MD -H17" on
Schedule l to the By-law:
(i) 6.5 square metres of amenity 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 private amenity area located above the garage at the rear of
the dwelling unit shall not be enclosed.
(4) Special Regulations("MD-H17", "MD -H18" and "SD -8" 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 on Schedule 1 to this By-law;
(b) Despite Section 5.(4)(a) above, the lot line abutting Altona Road and
Finch Avenue shall be deemed to be the Front Lot Lines for the lands
zoned "MD -H17" on Schedule I to this By-law;
(c) A water meter building required by the Region of Durham for the
purpose of measuring the quantity of water delivered shall be exempt
from "MD -H17", "MD -H18" and "SD -8" zone use provisions and zone
requirements;
(d) Section 5.22 of By-law 3036, as amended, shall not apply to the
lands zoned "MD -H17", "MD -H18" and "SD -8" on Schedule I of this
By-law.
Model Homes
(1) A maximum of 2 blocks together with no fewer than two parking spaces
per Model Home, may be constructed on the lands zoned "MD -H17" and
"MD -H18" as set out in Schedule l to this By-law prior to the division of
those lands by registration of a plan of subdivision;
(2) A maximum of 4 semi-detached units with no fewer than one parking
space per Model Home, may be constructed on the lands zoned "SD -8" as
set out in Schedule I to this By-law prior to the division of those lands by
registration of a plan of subdivision; and
By-law No. 7723/19 Page 9.
(3)
For the purpose of this By-law, "Model Home ;shall mean a dwellingunit
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.
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 By-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.
$. 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 November, 2019.
Kevin A.h -, jeeputy Mayor
Susa Cassel, City. Clerk
E
♦'•V
28.Om
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SD -8
Private Road
ed 28.1m
Finch Avenue
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Schedule I to By -Law . 7723/19
Passed This 25th
Day of Nove ber, 2019
Deputy ay