HomeMy WebLinkAboutBy-law 8021/23By-law No. 8021/23
By-law will be in effect upon the end of the appeal period process.
By-law passed on: June 26, 2023
Deadline for appeals: July 24, 2023
By-law in full force and effect upon issuance of the affidavit provided no
appeals have been received.
The Corporation of the City of Pickering
By-law No. 8021/23
Being a by-law to amend Restricted Area (Zoning) By-law
2511, as amended, to implement the Official Plan of the City of
Pickering, Region of Durham, being Lot 6 and Part of Lots 5
and 7, Block E, Plan 65, City of Pickering (A 01/21)
Whereas the Council of The Corporation of the City of Pickering received an application to
rezone the subject lands being Lot 6 and Part of Lots 5 and 7, Block E, Plan 65, in the City of
Pickering to permit a severance of the lands to create a total of 4 lots for detached dwellings
accessed from existing public roads;
And whereas an amendment to Zoning By-law 2511, as amended, is deemed necessary to
permit such development;
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 are hereby
declared to be part of this By-law.
2.Area Restricted
The provisions of this By-law shall apply to those lands being Lot 6 and Part of Lots 5
and 7, Block E, Plan 65, in the City of Pickering, designated “R4-25”, “R4-26”, “R4-27”
and “R4-28” 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
(1)“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 or railing,
and does not have direct exterior access to grade.
(2)“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 include a window seat; and may include
a door.
(3)“Daylighting Triangle” shall mean an area free of buildings, structures, fences
and hedges up to 0.9 metres in height.
By-law No. 8021/23 Page 2
(4)“Deck” shall mean a raised platform attached to the exterior wall of a building and
with direct access from within a building and from grade.
(5)(a) “Dwelling” shall mean a building or part of a building containing one (1) 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.
(6)“Dwelling Depth” shall mean the horizontal distance measured from the front wall
of a dwelling to the rear wall of a dwelling, excluding any allowable projection.
(7)"First Floor" shall mean the floor of a building approximately at or first above
grade.
(8)“Front Entrance” shall mean the principal entrance oriented towards the front lot
line providing access to the interior of a dwelling from the exterior and does not
include an access provided through an attached private garage. In the case of a
corner lot, the principal entrance providing access to the interior of a dwelling
from the exterior may be oriented towards the side lot line that is adjacent to the
street, or abutting on a reserve on the opposite side of which is a street.
(9)“Grade” or “Established Grade” shall mean, 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 level of the ground
surrounding such structure, exclusive in both cases of any artificial embankment.
(10)“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. A rooftop walkout that does not house mechanical equipment for a
dwelling, and railings associated with a rooftop amenity area shall not be
included in the calculation of building height. Roof structures that provide livable
space, such as a penthouse, shall be included in the calculation of building
height.
(11)(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 a lot
measured at the level of the first floor and expressed as a percentage of
the lot area, including covered platforms such as covered porches and
covered decks, but excluding eaves, belt courses, chimney breasts, sills
or cornice projections, and balconies.
By-law No. 8021/23 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.
(12)“Porch” shall mean a roofed deck or portico structure attached to the exterior wall
of a building, a basement may be located under the porch.
(13)“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.
(14)“Storey” shall mean 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 next above it.
(15)“Wall, Front” shall mean a primary exterior wall of a building, not including
permitted projections, which contains the primary entrance door.
(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.
(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)“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.
By-law No. 8021/23 Page 4
(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.
(j)“Interior Side Yard” shall mean a side yard other than a flankage side
yard.
5.Permitted Uses and Zone Regulations (“R4-25”, “R4-26”, “R4-27”, “R4-28” Zones)
(1)Permitted Uses (“R4-25”, “R4-26”, “R4-27”, “R4-28” Zones)
No person shall, within the lands zoned “R4-25”, “R4-26”, “R4-27” or “R4-28” 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 (“R4-25”, “R4-26”, “R4-27”, “R4-28” Zones)
No person shall, within the lands zoned “R4-25”, “R4-26”, “R4-27” or “R4-28” 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:
“R4-25” “R4-26” “R4-27” “R4-28”
(a) Lot Area
(minimum)
500 square
metres
350 square
metres
400 square
metres
350 square
metres
(b) Lot Frontage
(minimum) 14.0 metres 11.0 metres 16.0 metres 12.0 metres
(c)
Front Yard
Depth
(minimum)
8.5 metres 5.0 metres
(d)
Side Yard
Width
(minimum)
(i)1.5 metres on one side, 0.6 of a metre on the other side
(ii)1.5 metres where the other side yard is a flankage side yard
(e)
Flankage Side
Yard Width
(minimum)
3.0 metres
(f)
Rear Yard
Depth
(minimum)
7.5 metres 5.0 metres
(g) Dwelling Depth
(maximum)
(i)For lots with depths up to and including 40 metres: 17 metres
(ii)For lots with depths greater than 40 metres: 20 metres
By-law No. 8021/23 Page 5
“R4-25” “R4-26” “R4-27” “R4-28”
(h)
Front Entrance
(maximum
elevation)
The maximum elevation of the front entrance shall be 1.2 metres
above the average grade, which is measured along the front wall
of the dwelling, to the top of the platform (covered or uncovered)
immediately outside of the front entrance.
(i) Building Height
(maximum) 9.6 metres
(j) Lot Coverage
(maximum) 30 percent 38 percent 30 percent 38 percent
(k)
Parking
Requirements
(minimum)
A minimum of 2 parking spaces per dwelling unit, one of
which must be provided within an attached private garage.
(l)
Driveway
Width
(maximum)
6.0 metres
(m)
Garage
Requirements
(minimum)
A minimum of one private garage per lot attached to the main
building, the vehicular entrance of which shall be located no
less than 6.0 metres from the front lot line or flankage lot line.
(n)
Interior
Garage Size
(minimum)
Each parking space within a private garage shall have
a minimum width of 2.9 metres and a minimum depth of
6.0 metres. However, the width may include one interior
step and the depth may include two interior steps.
(o)
Rooftop
Amenity Area
(maximum)
52 square metres
Special Provisions (“R4-25”, “R4-26”, “R4-27”, “R4-28” Zones)
(a)uncovered and covered unenclosed porches and associated stairs not
exceeding 1.2 metres in height above established grade may encroach a
maximum of:
(i)1.5 metres into the required front yard within the lands zoned
“R4-25”, “R4-26” or “R4-27” on Schedule I to this By-law; and
(ii)3.2 metres into the required front yard within the lands zoned “R4-28”
on Schedule I to this By-law;
(b)uncovered and covered unenclosed porches and associated stairs not
exceeding 1.2 metres in height above established grade may encroach a
maximum of 2.4 metres into the required flankage side yard;
By-law No. 8021/23 Page 6
(c)uncovered and covered balconies may encroach a maximum of
2.0 metres into the required front yard, within the lands zoned “R4-28” on
Schedule I to this By-law;
(d)uncovered and covered decks and associated stairs not exceeding
3.0 metres in height above established grade may encroach a maximum
of:
(i)4.0 metres into the required rear yard within the lands zoned “R4-25”,
“R4-26” or “R4-27” on Schedule I to this By-law; and
(ii)2.5 metres into the required rear yard within the lands zoned “R4-28”
on Schedule I to this By-law;
(e)balconies located above the first floor projecting or recessed in the rear
are prohibited, excluding a juliette balcony;
(f)a bay, box or bow window, with or without foundation, having a width of up
to 4.0 metres may encroach a maximum of 0.6 of metre into any required
yard;
(g)window sills, chimney breasts, fireplaces, belt courses, cornices, pilasters,
eaves, eaves troughs, and other similar architectural features may project
a maximum of 0.6 of a metre into any required yard and are required to be
setback a minimum of 0.6 of a metre from the interior side lot line;
(h)where a lot abuts a daylighting triangle, the setback provisions shall be
measured as if the daylighting triangle did not exist;
(i)no parking space shall be permitted within 3.0 metres of a daylighting
triangle; and
(J)Section 6.6 of By-law 2511, related to Corners Lots, shall not apply.
6.By-law 2511
By-law 2511, 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 2511, as amended.
By-law No. 8021/23 Page 7
7.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 June, 2023.
________________________________
Kevin Ashe, Mayor
________________________________
Susan Cassel, City Clerk
Original Signed By
Original Signed By
R4-25
R4-27
R4-28R4-26
F
r
o
n
t
R
o
a
d
Commerce Street
Clerk
Mayor
i
N
8021/23Schedule I to By-Law
Passed This 26th Day
of June 2023
39.6m 12.0m
1
5
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1
m
1
2
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0
m
1
9
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7
m
33
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3
m
15.7m
10.8m 9.4m
34.1m
29.7m
14
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1
m
11
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2
m
9.
9
m
2.5m
Original Signed By
Original Signed By