HomeMy WebLinkAboutBy-law 8041/23By-law No. 8041/23
By-law will be in effect upon the end of the appeal period process.
By-law passed: September 25, 2023
Deadline for appeals: October 26, 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. 8041/23
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, being Part of Lot 31, Concession
2, City of Pickering (A 10/20)
Whereas the Council of The Corporation of the City of Pickering received an application to
rezone the subject lands being Part of Lot 31, Concession 2, in the City of Pickering to permit
the development of 31 lots for detached dwellings accessed from a public road and 2 part
blocks for future development;
And whereas the lands being Blocks 59 and 61, Plan 40M-2254, in the City of Pickering are
required to be rezoned to permit a neighbourhood park;
And whereas an amendment to Zoning By-law 3036, 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 Part of Lot 31, Concession 2,
in the City of Pickering, designated “S5-3”, “S5-3-HL”, “NP”, “(H)NP” 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
(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.
By-law No. 8041/23 Page 2
(3)“Corner Rounding” shall mean a lot line of a corner lot at the intersection of two
street lines in the form of an arc that joins the front lot line to the exterior side lot
line or the rear lot line to the exterior side lot line.
(4)“Daylight Triangle” shall mean an area free of buildings, structures, fences and
hedges up to 0.9 of a metre in height and which area is to be determined by
measuring, from the point of intersection of street lines to a corner lot, the
distance along each such street line and joining such points with a straight line.
The triangular-shaped land between the intersecting street lines and the straight
line joining the points the required distance along the street lines is the daylight
triangle.
(5)“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.
(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, detached” shall mean a single dwelling which is freestanding,
separate and detached from other main buildings or structures.
(7)“Dwelling Depth” shall mean a horizontal distance measured from the front wall
of a dwelling to the rear wall of a dwelling, excluding any allowable projection.
(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 wall 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.
(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.
(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.
By-law No. 8041/23 Page 3
(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 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)“Model Home” shall mean a dwelling unit used exclusively for sales display and
for marketing purposes pursuant to an agreement with the City of Pickering, and
not used for residential purposes.
(13)“Neighbourhood Park” shall mean a municipal public park.
(14)“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.
(15)“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.
(16)“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.
(17)“Temporary Sales Office” shall mean a temporary building or structure used for
the sale of lots or units in a plan of subdivision.
(18)“Wall, Front” shall mean a primary exterior wall of a building, not including
permitted projections, which contains the primary entrance door.
(19)“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.
(a)“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.
(b)“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.
(c)“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.
(d)“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.
By-law No. 8041/23 Page 4
(e)“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.
(f)“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.
(g)“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.
(h)“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 (“S5-3”, “S5-3-HL” and “S5-2” Zones)
(1)Permitted Uses (“S5-3”, “S5-3-HL” and “S5-2” Zones)
No person shall, within the lands zoned “S5-3”, “S5-3-HL” or “S5-2” 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 (“S5-3” and “S5-3-HL” Zones)
No person shall, within the lands zoned “S5-3” or “S5-3-HL” 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:
“S5-3” Zone “S5-3-HL”
(a) Lot Area
(minimum) 300 square metres 800 square metres
(b) Lot Frontage
(minimum) 11.0 metres 20.0 metres
(c) Front Yard Depth
(minimum) 4.5 metres 20.0 metres
(d) Side Yard Width
(minimum)
1.2 metres on one side,
0.6 metres on the other side
3.0 metres on one side,
4.5 metres on the other side
By-law No. 8041/23 Page 5
“S5-3” Zone “S5-3-HL”
(e)
Flankage Side
Yard Width
(minimum)
2.5 metres –
(f) Rear Yard Depth
(minimum) 7.5 metres 2.0 metres
(g) Building Height
(maximum)
(i)10.0 metres
(ii)10.5 metres for the lands in
the diagonal hatched area
on Schedule I to this By-law
8.0 metres
(h) Lot Coverage
(maximum) 48 percent 30 percent
(i)
Parking
Requirements
(minimum)
A minimum of 2 parking spaces per dwelling unit.
(j) Driveway Width
(maximum)
Maximum driveway width shall not exceed the
width of the exterior walls of a private garage.
(k) Garage
Requirements
Minimum 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.
–
(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. However,
the width may include one interior step and the depth may include
two interior steps.
(i)Special Provisions (“S5-3” Zone)
(a)uncovered and covered unenclosed porches and associated stairs
not exceeding 1.2 metres in height above established grade may
encroach a maximum of 2.5 metres into the required front and
flankage side yard;
(b)uncovered and covered decks and associated stairs not exceeding
2.0 metres in height above established grade may encroach a
maximum of 3.0 metres into the required rear yard, provided they are
setback a minimum of 0.6 of a metre from the interior side lot line;
(c)balconies located above the first floor projecting or recessed in the
rear are prohibited;
By-law No. 8041/23 Page 6
(d)stairs to an entrance may encroach to within a minimum of 0.6 of a
metre from the interior and flankage side lot line;
(e)stairs to a below grade access may encroach a maximum of
2.0 metres into the required rear yard;
(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 metres
into any required yard;
(g)window sills, chimney breasts, fireplaces, belt courses, cornices,
pilasters, eaves, eaves troughs, and other similar architectural
features may encroach 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 daylight triangle, the setback provisions shall be
measured as if the daylight triangle did not exist;
(i)despite any front yard depth or flankage side yard width requirement,
on a corner lot, the setback to a corner rounding shall be 2.0 metres;
(ii)Special Provisions (“S5-3-HL” Zone)
(a)window sills, chimney breasts, fireplaces, belt courses, cornices,
pilasters, eaves, eaves troughs, and other similar architectural
features may encroach a maximum of 0.6 of a metre into any
required yard;
(3)Zone Requirements (“S5-2” Zone)
No person shall, within the lands zoned “S5-2” 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:
“S5-2” Zone
(a) Lot Area (minimum) 250 square metres
(b) Lot Frontage (minimum) 9.0 metres
(c) Front Yard Depth (minimum) 4.5 metres
(d) Side Yard Width (minimum) 1.2 metres on one side and
0.6 metres on the other side
(e) Flankage Side Yard Width
(minimum) 2.7 metres
(f) Rear Yard Depth (minimum) 7.5 metres
By-law No. 8041/23 Page 7
“S5-2” Zone
(g) Building Height (maximum) 12.0 metres
(h) Lot Coverage (maximum) 48 percent
(i) Dwelling Unit Requirements Maximum one dwelling unit per lot and minimum
gross floor area residential of 100 square metres.
(j) Parking Requirements
(minimum)
A.Minimum one private garage per lot attached to the
main building, any vehicular entrance of which shall
be located not less than 6.0 metres from the front
lot line, and not less than 6.0 metres from any side
lot line immediately adjoining a street or abutting on
a reserve on the opposite side of which is a street.
B.No part of any attached private garage shall extend
more than 2.5 metres beyond the wall containing
the main entrance to the dwelling unit, except:
I.where a covered and unenclosed porch or
verandah extends a minimum of 1.8 metres from
the wall containing the main entrance to the
dwelling unit, 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; or
II.where a covered and unenclosed porch or
verandah extends a minimum of 2.0 metres from
the wall containing the main entrance to the
dwelling unit and where second storey habitable
floor space located above the garage is set back
no more than 2.5 metres beyond the vehicular
entrance of an attached private garage, no part
of any attached private garage shall extend
more than 6.0 metres beyond the wall containing
the main entrance to the dwelling unit.
(i)Special Provisions (“S5-2” Zone)
(a)despite Section 5.7 of By-law 3036, uncovered steps and platforms
not exceeding 2.0 metres in height shall be permitted to project a
maximum of 1.5 metres into a required rear yard;
(b)a bay window shall be permitted to project a maximum of 0.6 metres
into any required flankage side yard.
By-law No. 8041/23 Page 8
6.Permitted Uses and Zone Regulations (“(H)S5-3-HL” Zone)
(1)Permitted Use (“(H)S5-3-HL” Zone)
Until such time as the (H) Holding Provision is lifted, the lands shall not be used
for any purposes other than the existing lawful uses, located on the land or in
existing buildings or structures, provided such uses continue in the same manner
and for the same purpose for which they were used on the day this By-law was
passed.
(2)Zone Requirements (“(H)S5-3-HL” Zone)
The (H) Holding Provision shall, upon application by the Owner, be removed from
the “S5-3-HL” Zone by City Council passing a By-law under Section 34 of the
Planning Act. The following condition shall first be completed to the satisfaction
of the City of Pickering:
(i)That the Owner obtain Site Plan Approval for the proposed relocation,
restoration and addition to the Dixon Farmhouse, known municipally as
450 Finch Avenue.
7.Permitted Uses and Zone Regulations (“NP” Zone)
(1)Permitted Uses (“NP” Zone)
No person shall, within the lands zoned “NP” 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)Neighbourhood park
8.Permitted Uses and Zone Regulations (“(H)NP” Zone)
(1)Permitted Use (“(H)NP” Zone)
Until such time as the (H) Holding Provision is lifted, no person shall, within the
lands zoned “(H)NP” 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, subject to the provisions of Section 5(3) of this By-law
(2)Zone Requirements (“(H)NP” Zone)
The (H) Holding Provision shall, upon application by the Owner, be removed from
the “NP” Zone by City Council passing a By-law under Section 34 of the Planning
Act. The following condition shall first be completed to the satisfaction of the City
of Pickering:
(i)That the Owner acquire Part Block 59 and Part Block 61 on Plan 40M-2254
to be formed with Block 32 within Draft Plan of Subdivision SP-2020-02,
for the purposes of creating a single park block.
By-law No. 8041/23 Page 9
9.Permitted Uses and Zone Regulations (“OS-HL” Zone)
(1)Permitted Uses (“OS-HL” Zone)
No person shall, within the lands zoned “OS-HL” 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)Preservation and conservation of the natural environment, soil and wildlife;
(ii)Resource management;
(iii)Pedestrian trails and walkways;
(2)Zone Requirements (“OS-HL” Zone)
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 preservation and conservation of the natural environment, soil
and wildlife, resource management, or pedestrian trail and walkway purposes.
10.Model Homes and Temporary Sales Office
(1)Despite the provisions of Section 6.1 of By-law 3036, a maximum of three model
homes, together with not fewer than three parking spaces per model home, may
be constructed on the lands set out in Schedule I to this By-law, prior to the
division of these lands by registration of a plan of subdivision.
(2)A temporary sales office may be constructed on the lands set out in Schedule I to
this By-law, prior to the division of these lands by registration of a plan of
subdivision, subject to the following:
(i)That the temporary sales office not be permitted until the plan of
subdivision has received draft plan approval.
(ii)That the temporary sales office comply with the minimum setback
provisions of the applicable zone.
11.By-law 3036
By-law 3036, as amended, is hereby further amended only to the extend 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.
By-law No. 8041/23 Page 10
12.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 September, 2023.
_Original Signed By_______________________________
Kevin Ashe, Mayor
_Original Signed By_______________________________
Susan Cassel, City Clerk
Finch Avenue
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8041/23Schedule I to By-Law
Passed This 25th Day
of September 2023
(H)S5-3-HL
70.9m NP
OS-HL
S5-2
S5-2
S5-3
14.0m
22.1m
2
8
.
4
m
18
5
.
2
m
40
.
5
m
105.8m
21.0m
28
.
5
m
10.7m
10.0m
4
2
.
3
m
15
.
3
m
23.6m
5.2m
19
.
6
m
31
.
8
m
29
.
8
m
40
.
6
m
4.
9
m
5.2m
4.2m3
.
3
m
1
1
.
0
m
3
.
3
m
12
.
0
m
10.6m
S5-3
S5-3
14
4
.
8
m
36.8
m
24.4m
12.5m27.0m
67
.
9
m
46.5m
12
.
5
m
18.0m
4.
9
m
44.7m
54
.
6
m
30.1m
30
.
5
m
18
.
5
m
18.5m
(H)NP30
.
3
m
47.
4
m
S5-3
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Original Signed By
Original Signed By