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HomeMy WebLinkAboutBy-law 7841/21The Corporation of the City of Pickering By-law No.7841/21 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, in Lots 14, 29 and 30, Part of Lots 22 to 26 Plan 818, Part 4 of 40R-29018, Part 1 of 40R-29545, Part 2 of 40R-30489 and Part 1 of 40R-30492, in the City of Pickering. (A 13/19) Whereas the Council of The Corporation of the City of Pickering received an application to rezone the subject lands being Lots 14, 29 and 30, Part of Lots 22 to 26 Plan 818, Part 4 of 40R-29018, Part 1 of 40R-29545, Part 2 of 40R-30489 and Part 1 of 40R-30492 in the City of Pickering to permit 3 freehold lots for detached dwellings and a common element condominium development consisting of 27 detached dwellings; And whereas an amendment to 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 I 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 apply to those lands in Lots 14, 29 and 30, Part of Lots 22 to 26 Plan 818, Part 4 of 40R-29018, Part 1 of 40R-29545, Part 2 of 40R-30489 and Part 1 of 40R-30492, in the City of Pickering, designated “S3-17”, “R4-23” and “OS-HL” 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) “Air Conditioner” means any mechanical equipment which is required for residential use and must be installed outdoors including central air conditioning units, heat pumps, heat exchange units, emergency generators and other such equipment. (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. By-law No. 7841/21 Page 2 (3)“Basement” means a portion of a building below the first storey. (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)“Condominium, Common Element” means spaces and features owned in common by all stakeholders in a condominium and may include private streets, walkways and parking and amenity areas. (6)“Deck” means a raised platform attached to the exterior wall of a building and with direct access from within a building and from grade. (7)“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. (8)“Parapet Wall” means the portion of an exterior wall extending above the roof. (9)“Porch” means a roofed deck or portico structure attached to the exterior wall of a building, a basement may be located under the porch. (10)"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; (11)“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 roadway maintained by a corporation to provide vehicular and pedestrian access to parking lots and individual retail/commercial units; (d)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. (12)“Wall, Front” means a primary exterior wall of a building, not including permitted projections, which contains the primary entrance door. By-law No. 7841/21 Page 3 (13)“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. (14)(a) "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; (b)"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; (c)"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; (d)"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. 5.Provisions (1)(a) Uses Permitted (“S3-17” and “R4-23” Zone) No person shall within the lands designated “S3-17” and “R4-23” on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following (i)Detached dwelling (b)Zone Requirements (“S3-17” and “R4-23” Zone) No person shall within the lands designated “S3-17” and “R4-23” on Schedule I attached hereto use any lot or erect, alter or use any building except in accordance with the following provisions: “S3-17” Zone “R4-23” Zone (i) Lot Area (minimum) 350 square metres 430 square metres (ii) Lot Frontage (minimum) 12.0 metres 13.5 metres (iii) Front Yard Depth (minimum) 4.5 metres 7.5 metres By-law No. 7841/21 Page 4 “S3-17” Zone “R4-23” Zone (iv) Side Yard Width (minimum) 1.2 metres, and 0.6 of a metre on the other side 1.5 metres (v) Flankage Side Yard Width (minimum) 3.0 metres 4.5 metres (vi) Rear Yard Depth (minimum) 7.5 metres (vii) Building Height (maximum) 9.0 metres (viii) Lot Coverage (maximum) 38 percent 33 percent (ix) Parking Requirements (minimum) A minimum of 2 residential parking spaces per dwelling unit, one of which must be provided within an attached private garage, and 0.25 visitor parking spaces per dwelling unit A minimum of 2 residential parking spaces per dwelling unit, one of which must be provided within an attached private garage (x) Driveway Width (maximum) Maximum driveway width shall not exceed the width of the exterior walls of the private garage (xi) Garage Requirements Minimum one private garage per lot attached to the main building, the vehicular entrance of which shall be located not less than 6 metres from the front lot line (l) Interior Garage Size (minimum) Each parking space within 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 (m) Garage Projection A maximum of 1.5 metres projection beyond the wall containing the main entrance to the dwelling unit By-law No. 7841/21 Page 5 (2)Special Provisions (“S3-17” and “R4-23” Zone) (a)Projections such as window silts, chimney breasts, fireplaces, belt courses, cornices, plasters, 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)Porches and associated stairs not exceeding 1.5 metres in height above established grade may encroach a maximum of 2.0 metres into the required front yard. (c)Decks and associated stairs not exceeding 1.0 metre in height above grade may encroach a maximum of 2.0 metres into the required rear yard provided they are setback 0.6 of a metre from a side lot line; (d)A bay, box or bow window, with or without foundations, 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; (e)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; (f)Despite any front yard depth, rear yard depth or flankage side yard width requirement; on a corner lot, the setback to a corner rounding at the front, rear, side or flankage of a lot shall be 2.5 metres; (g)A water meter building required by the Region of Durham for the purpose of measuring the quantity of water delivered shall be exempt from “S3-17” and “R4-23” zone use provisions and zone requirements. 6.Provisions (1)(a)Uses Permitted (“OS-HL” Zone) 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 for any purpose except the following: (i)Preservation and conservation of the natural environmental, soil and wildlife. By-law No. 7841/21 Page 6 (b)Zone Requirements (“OS-HL” Zone) (i)No buildings or structures shall be permitted to be erected nor shall the placing or removal of fill be permitted, except where buildings or structures are used only for purposes of flood and erosion control, resource management, or pedestrian and/or bicycle trails. 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. 8.Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this 26th day of April, 2021. ___________________________________ David Ryan, Mayor ___________________________________ Susan Cassel, City Clerk Original Signed By: Original Signed By: Fairport RoadGlenanna Road Taplin Drive S3-17 R4-23 OS-HL 17. 9 m 1 8 . 1m27.7m29.4m 33 . 2 m36.2m45.3m Clerk Mayor i N7841/21Schedule I to By-Law Passed This 26th Day of April 202188.2m56.1m71.9m73.5m 46.1m28.9m43.2m15.2m10.3m43.2m31.9m 32.1m 64.0m 67.0m97.0m 0.3m 23.1m 29.0m