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HomeMy WebLinkAboutBy-law 7023/10 OMB ORDER THE CORPORATION OF THE CITY OF PICKERING NO. PL090905 FEB. 2, 2010 BY-LAW NO. 7023/10 Being a By-law to amend Restricted Area (Zoning) By-law 3037 to implement the Pickering Official Plan in Part of Lot 20, Concession 3, City of Pickering (A36/05, SP-2005-04) Whereas The Corporation of the City of Pickering received an application to rezone Part of Lot 20, Concession 3, in the City of Pickering to permit the development of a range of single detached and multiple horizontal residential units and an open space block; 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 Lot 20, Concession 3 in the City of Pickering, designated "S-SD-SA-3" 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 may or may not include a foundation, may or may not include a window seat; and may include a door; By-law No. 7023/10 Page 2 (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; (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 6.0 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 provide 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; By-law No. 7023/10 Page 3 (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; (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 Fankage 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. By-law No. 7023/10 Page 4 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; (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 (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 (Minimum) 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 share lots lots there is a there is a there is a a common share a share a minimum minimum minimum wall, no common common 1.2 m 1.2 m 1.2 m interior wall, no wall, no separation separation separation side yard interior interior between between between shall be side and side and By-law No. 7023/10 Page 5 dwellings dwellings dwellings required shall be shall be on adjacent on on adjacent required required lots; adjacent adjacent to that adjacent adjacent lots; lots; wall on to that to that either lot; wall on wall on either lot; either lot; (f) Flanking 2.4 m 2.4 m 2.4 m 2.4 m 2.4 m 2.4 m Side Yard Width Minimum (g) Rear Yard 7.0m 7.0m 7.0m 7.0m 7.0m 12.0m Depth Minimum (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 percent 55 percent 55 percent 50 50 50 Width 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 Setback (minimum): despite any front yard depth or flankage side yard width requirement; on a corner lot, the setback to a corner rounding shall be 1.75 metres; (1) Parking Requirement (minimum): two private parking spaces per dwelling unit which can be provided either within an attached garage or with one parking 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 Requirements (minimum): one private garage per lot and if attached to the main building, the 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; By-law No. 7023/10 Page 6 (n) Garage Parking 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 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 features may project: a further 0.6 metres into the required front, flankage or rear yard or corner rounding setback; (ii) uncovered steps minimum setback to a streetline: 0.4 metres (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 features: may project to a further 0.6 metres into the required front, flankage or rear yard; (p) Lane based Units that abut a Park or Village Green: Despite anything other provision in this By-law where a lot line for lane based single attached dwelling in a "S-SD-SA-3" zone abuts a Neighbourhood Park or Village Green, said lot line shall be deemed the front lot line; (q) Detached Garages for Lane Based Dwelling Units: A detached garage is not considered an accessory building for the purpose of lot coverage; (r) Detached Garage Requirements: By-law No. 7023/10 Page 7 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 metres; (ii) minimum flanking side yard width of 2.4 metres; (iii) minimum rear yard depth of 0.6 metres; (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; (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 temporary sales pavilion (minimum): 10 spaces; 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; By-law No. 7023/10 Page 8 (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; (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. Note: Oral decision of the Ontario Municipal Board delivered by J. R. Aker on January 22, 2010. Written Decision issued February 2, 2010. ^ 0 337.tm 3 u~ STREET 'B' 0 S-SD-SA-3 CON 3 PT LOT 20 p 40R-4766 PART 2 TOGETHER WITH ROW a0 STREET 'C' LU Z J_ H STREET zss.sm 'A' DERSAN STREET V ro SCHEDULE I TO BY-LAW 7023/1 O Approved by the Ontario Municipal Board Oral Decision delivered January 22, 2010 Written Decision issued February 4, 2010