HomeMy WebLinkAboutBy-law 7020/10
OMB ORDER
THE CORPORATION OF THE CITY OF PICKERING NO. PL090664
BY-LAW NO. 7020/10 FEB. 4, 2010
Being a By-law to amend Restricted Area (Zoning) By-law
3037 to implement the Pickering Official Plan in Part of Lots 17
and 18, Concession 3, City of Pickering (A1/08, SP-2008-01)
Whereas The Corporation of the City of Pickering received an application to rezone Part
of Lots 17 and 18, Concession 3, in the City of Pickering to permit the development of a
range of single detached, semi-detached and multiple horizontal residential units,
parkland and a stormwater management facility;
And whereas it is appropriate to amend By-law 3037 to permit such uses;
Now therefore by order the Ontario Municipal Board amends By-law 3037 as follows:
1. Schedule
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 Part of Lots 17 and 18,
Concession 3 in the City of Pickering, designated "S-SD-SA-3", "UR", "NP" and
"OS-HL" on Schedule I.
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) "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 mayor may not
include a foundation, mayor may not include a window seat; and may include a
door;
(2) "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 flankage lot line;
By-law No. 7020/10 Page 2
(3) (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, Single or Single Detached or Detached Dwelling" shall mean a
dwelling containing one dwelling unit and uses accessory thereto which is
freestanding from other main structures;
(d) "Dwelling, Semi-Detached or Semi-Detached Dwelling" shall mean one of a
pair of single dwellings, such dwellings being attached above grade by a
common wall which extends from the base of the foundation to the roof line
and for a horizontal distance of not less than 6 metres;
(e) "Dwelling, Single Attached or Single Attached Dwelling" shall mean one of a
group of not less than 3 adjacent dwellings attached together horizontally by
an above grade common wall;
(4) (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 a group of buildings, as the case may
be, together with an 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 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;
(5) "Neighbourhood Park" shall mean a municipal public park;
(6) "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;
(7) "Street". shall mean a street as defined in the Highway Traffic Act, as amended
from time to time, which may provides vehicular access to a lot. A private road
registered in a plan of condominium is also considered a street for the purpose of
this by-law
(8) (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;
By-law No. 7020/10 Page 3
(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, 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 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;
(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;
Q) "Interior Side Yard" shall mean a side yard other than a flankage side yard.
5. Provisions ("S-SD-SA-3" Zone)
(1) Uses Permitted ("S-SD-SA-3" Zone)
No person shall, within the lands designated "S-SD-SA-3" on Schedule I
attached hereto, use any lot or erect, alter or use any building or structure for
any purpose except the following:
(a) single dwelling;
(b) semi-detached dwelling;
(c) single attached dwelling;
By-law No. 7020/10 Page 4
(2) Zone Requirements ("S-SD-SA-3")
No person shall, within the lands designated ("S-SD-SA-3") on Schedule I
attached hereto, use any lot or erect, alter or use any building or structure
except in accordance with the provisions as set out in the following table. For
a single dwelling the zoning provisions shall be based on the lot frontage with
the exception of corner lots which will be based on the abutting lot size:
9.0 m 12.0 m 13.5 m semi- Street Lane
single single single detached single single
dwelling dwelling dwelling dwelling attached attached
dwelling dwelling
(a) Lot 9.0m 12.0m 13.5m 7.5m 6.0m 6.0m
Frontage
(Minimum) 2
(b) Lot Area 225 m 300 m 335 m 180 m 150 m 170 m
Minimum
(c) Lot Depth 25 m 25 m. 25 m 24.5 m 24.0 m 29.0 m
Minimum
(d) Front Yard 3.0m 3.0m 3.0m 3.0m 3.0m 3.0m
Depth
Minimum
(e) Interior 1.2 m on 1.2 m on 1.2 m on 1.2 m, 1.2 m, 1.2 m,
Side yard one side one side one side except except except
Width and 0.6 m and 0.6 m and 0.6 m where where where
(MinimtJm) on the on the on the dwellings dwellings dwellings
other side other side other side on on on
and and and abutting abutting abutting
provided provided provided lots lots lots
there is a there is a there is a share a share a share a
minimum minimum minimum common common common
1.2 m 1.2 m 1.2 m wall, no wall, no wall, no
separation separation separation interior interior interior
between between between side yard side yard side yard
dwellings dwellings dwellings shall be shall be shall be
on on on required required required
adjacent adjacent adjacent adjacent adjacent adjacent
lots; lots; lots; to that to that to that
wall on wall on wall on
either lot; either lot either lot
(f) Flanking 2.4m 2.4m 2.4m 2.4m 2.4m 2.4m
Side Yard
Width
Minimum
(g) Rear Yard 7.0m 7.0m 7.0m 7.0m 7.0m 12.0m
Depth
Minimum
By-law No. 7020/10 Page 5
(h) Building 12.0 m 12.0 m 12.0 m 13.0 m 13.0 m 13.0 m
Height
Maximum
(i) Driveway 55 55 55 50 50 50
Width percent percent percent percent percent percent
Maximum
(j) Lot 15m 15m 15m 15m 15m 15m
Coverage
of All
Accessory
Buildings
Maximum
The following special provisions shall be applicable to all lands designated ("S-SD-SA-3")
(k) Corner Rounding despite any front yard depth or flankage side yard width
Setback requirement; on a corner lot, the setback to a corner rounding
(minimum): shall be 1.75 metres
(1) Parking two private parking spaces per dwelling unit which can be
Requirement provided either within an attached garage or with one parking
(minimum): space in an attached garage and one parking space in a
driveway immediately in front of the parking garage for that
dwelling unit;
(m) Garage one private garage per lot and if attached to the main
Requirements building, the vehicular entrance of which shall be located not
(minimum): 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;
(n) Garage Parking each parking space within a private garage shall have a
Size (minimum): minimum width of 2.9 metres and a minimum depth of 6.0
metres provided, however, that the width may include one
interior step and the depth may include.two interior steps;
(o) Yard Encroachments
In addition to the provisions of Section 5.7 of By-law 3037, the following shall also
apply:
(i) a covered or uncovered porch, veranda or balcony and with or without a
foundation, may have the following setbacks:
A to front lot line: - 1.0 metres;
B to flankage lot line: - 1.0 metres;
C to interior side lot line: - 0.6 metres;
D to rear lot line: - 5.0 metres;
E to a corner rounding: - 1.0 metres;
F Eaves above these - a further 0.6 metres into the required front,
features may project: flankage or rear yard or corner rounding
setback;
By-law No. 7020/10 Page 6
(ii) uncovered steps minimum - 0.4 metres
setback to a streetline:
(iii) uncovered decks of any height are permitted in the rear yard provided
minimum setbacks are provided as follows:
A to interior side lot line: - 0.6 metres;
B to flankage lot line: - 1.0 metres;
`C to rear lot line: - 3.0 metres;
D steps from a deck: _ may encroach an additional 1.2 metres
onto the rear yard
(iv) bay, bow or box windows may encroach a maximum into required yards-as
follows:
A front yard: - 0.6 metres;
B flankage yard: - 0.6 metres;
C rear yard: - 1.0 metres
D Eaves above these - may project to a further 0.6 metres into the
features: required front, flankage or rear yard;
(p) Lane based Units Despite anything other provision in this By-law where a lot
that abut a Park line for lane based single attached dwelling in a "S-SD-SA-3"
or Village Green zone abuts a Neighbourhood Park or Village Green, said lot
line shall be deemed the front lot line.
(q) Detached A detached garage in not considered an accessory building
Garages for Lane for the purpose of lot coverage
Based Dwelling
Units
(r) Detached Garage Requirements:
Where the rear lot line abuts a street and vehicular access is provided from that
street the following shall apply:
(i) minimum side yard width of 0.0 m
(ii) minimum flanking side yard width of 2.4 m
(iii) minimum rear yard depth of 0.6 m
(iv) a detached garage is not considered a main building for the purpose of the
by-law
6. Provisions ("UR" Zone)
(1) Uses Permitted ("UR" Zone)
No person shall within the lands designated "UR" on Schedule I attached
hereto use any lot or erect alter or use any building or structure for any
purpose except for the following:
(a) outdoor recreation uses without buildings or structures
(b) existing lawful uses, located in existing buildings or structures, provided
such use continue in the same manner and for the same purpose for
which they were uses on the day this by-law was passed;
(c) temporary sales pavilion
By-law No. 7020/10 Page 7
(2) Zone Requirements ("UR" Zone)
No person shall within the lands designated "UR" on Schedule I attached
hereto, use any lot or erect alter or use any building or structure except in
accordance with the following provisions:
(a) Building Height (maximum): 13.0 metres;
(b) setback to all lot lines (minimum): 7.0 metres;
(c) parking requirements for 10 spaces;
temporary sales pavilion
(minimum):
7. Provisions ("OS-HL" Zone)
(1) 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 except the
following:
(a) resource management, including a stormwater management facility;
(b) pedestrian and bicycle trails;
(2) Zone Requirements ("OS-HL" Zone)
No buildings or structures shall be permitted to be erected except where
buildings or structures are used only for purposes of resource management,
including a stormwater management facility; pedestrian and/or bicycle trails.
8. Provisions ("NP" Zone")
(1) Uses Permitted ("NP" Zone)
No person shall within the lands designated "NP" on Schedule I attached
hereto use any lot or erect, alter or use any building or structure for any
purpose except the following:
(a) neighbourhood park.
9. Model Homes
(1) Notwithstanding any provisions in By-law 3037 to the contrary, a maximum of
6 Model Homes, together with not fewer than two parking spaces per Model
Home, may be constructed on the lands set out in Schedule I attached to this
By-law prior to the'division of those lands by registration of a plan of
subdivision;
By-law No. 7020/10 Page 8
(2) For the purposes of this By-law, "Model Home" shall mean a dwelling unit
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.
10. By-law 3037
By-law 3037 is hereby amended only to the extent necessary to give effect to the
provisions of this By-law as it appears to the area set out in Schedule I attached
hereto. Definitions and subject matter 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 on the day it is passed pursuant to an Order of
the Ontario Municipal Board.
I
Note: Oral decision of the Ontario Municipal Board delivered by J. R. Aker on
January 22, 2010. Written Decision issued February 4, 2010.
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SCHEDULE I TO BY-LAW 7020
Approved by the Ontario Municipal Board
Oral Decision delivered January 22, 2010
Written Decision issued February 4, 2010