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THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 5198/98
Being a By-law to amend Restricted Area (Zoning) By-law 2511 as
amended, to implement the Official Plan of the Town of Pickering
District Planning Area, Region of Durham. (A 4/97)
WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to
permit home-based business in the Town of Pickering, subject to a set of performance criteria;
AND WHEREAS an amendment to By-law 2511, as amended, is therefore deemed necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
PICKERING HEREBY ENACTS AS FOLLOWS:
1. TEXT AMENDMENT
(1) Subsection 6.3 (HOME OCCUPATION) of By-law 2511, as amended, is hereby
revoked and the following substituted for it:
6.3 HOME-BASED BUSINESS
(1) A "home-based business" is defined as an accessory business or
occupation use conducted for gain or profit in a dwelling unit by a
resident of that dwelling unit which is clearly subordinate to the
primary residential use of that unit, and which does not create a public
nuisance or adverse effect on the abutting lands and/or surrounding
community;
(2) The resident referred to in (1) above must be either a sole proprietor,
partner, shareholder, or officer of the company operating the home-
based business, or an employee who uses their dwelling unit as their
principal place of business;
(3) For the purposes of this By-law, adverse effect means
(a) impairment of the quality of the environment for any use that
can be made of it;
(b) injuryor damage to propertyor to plant or animal life;
(c) harm or material discomfort to any person;
(d) impairment of the health of any person;
(e) impairment of the safety of any person;
(f) rendering any property unfit for its existing or permitted use;
(g) loss of enjoyment of normal use of property; and/or
(h) interference with a residential use or conduct of business;
(4) Any use which constitutes a nuisance, or any use which is offensive or
obnoxious in any way, but not limiting the generality of the foregoing,
any use which creates an adverse effect through the generation of
traffic, parking, noise, vibration, dust, fumes, gas, odour, waste,
emissions, smoke, glare, radiation, electrical interference, or any use
involving the use or storage of hazardous, toxic, or contaminant
substances which constitutes a threat to public health and safety, or
any combination thereof, is prohibited in a home-based business;
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(5) The following specific uses are prohibited in a home-based business:
(a) adult entertainment parlour;
(b) animal hospital/veterinarian clinic;
(c) commercial-recreational establishment;
(d) dating/escort service;
(e) funeral home or parlour;
(f) heavy machinery repair, sales, service;
(g) kennel/animal boarding service;
(h) place of amusement or entertainment;
(i) place of assembly;
(j) public bath/whirlpool;
(k) restaurant(any type of eating/drinking establishment);
(1) retail store;
(m) taxi service;
(n) vehicle (including vehicle audio) repair, sales, service,
installations;
(o) warehousing;
(p) wholesaling;
(6) The maximum combined floor area that all home-based businesses
within one dwelling unit may occupy is 25 per cent of the finished
floor area of that dwelling unit to a maximum of 50 square metres;
(7) No use, storage, or activity relating to a home-based business is
permitted in an accessory building or structure;
(8) No use or activity relating to a home-based business is permitted in a
garage, however, limited storage relating to a home-based business is
permitted to the extent that it does not prevent the parking of the
number of vehicles the garage was designed to accommodate;
(9) No outdoor storage or visible display relating to a home-based
business is permitted;
(10) All vehicle parking associated with a home-based business must be
located on the lot upon which the home-based business is operated,
except for customer or client parking, and all vehicle parking must be
in compliance with the applicable parking provisions;
(11) External changes or alterations required for or relating to a home-based
business which would change the overall residential character of the
dwelling are not permitted;
(12) Despite the uses prohibited in a home-based business as specified in
(5) above, the selling of products assembled or developed on the
premises is a permitted use in a home-based business, and the sale and
distribution of catalogue items is a permitted use in a home-based
business provided that no catalogue items are stored on the premises;
(13) For the purposes of this provision, the following prohibited uses are
defined as follows:
(a) adult entertainment parlour shall mean a building or part of a
building in which is provided, in pursuance of a trade, calling,
business or occupation, services appealing to or designed to it
appeal to erotic or sexual appetites or inclinations;
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(b) animal hospital/veterinarian clinic shall mean a building or part
of a building providing the services of a veterinarian, and
facilities for the medical treatment, examination, surgery,
diagnosis, grooming, general health care, and observation of
domestic animals and birds, but shall not include boarding or
lodging;
(c) commercial-recreational establishment shall mean a
commercial establishment in which indoor recreational
facilities such as bowling alleys, miniature golf courses, roller
skating rinks, squash courts, swimming pools and other similar
indoor recreational facilities are provided and operated for gain
or profit, and which may include an arena or stadium, but shall
not include a place of amusement or entertainment as defined
herein;
(d) dating/escort service shall mean a service providing
companionship for and by individuals for profit or personal
gain;
(e) funeral home or parlour shall mean a building or part of a
building where funerals are conducted and shall be limited to
such facilities as chapels, visitation rooms, administrative
offices, rooms for the preparation of the deceased, display
rooms for the storage of caskets, and garages for hearses and
other equipment, but shall not include a single detached
dwelling;
(f) heavy machinery repair, sales, service shall mean the service,
repair, or sales of machinery or mechanical equipment of an •
industrial nature;
(g) kennel/animal boarding service shall mean the keeping,
accommodation, or boarding of domestic animals, livestock, or
birds;
(h) public bath/whirlpool shall mean indoor or outdoor premises
where people may bathe, swim, or lounge within pools or tanks
of water;
(i) restaurant shall mean any type of eating or drinking
establishment where food or drinks are prepared or distributed
for consumption on the premises or off the premises;
(j) taxi service shall mean the operation of a service providing
taxicab motor vehicles with drivers used for hire for the
conveyance of goods and passengers;
(k) vehicle (including vehicle audio) repair, sales, service,
installations shall mean land or premises where motor vehicles
or trailers are repaired, fueled, serviced, painted, kept for sale,
rent, lease, or hire, or where motor vehicle parts or accessories
are kept or displayed for rent, retail sale, or installation;
(1) warehousing shall mean the housing or storage of goods,
wares, merchandise, food-stuffs, substances, articles, or things
before wholesale distribution to a retailer;
(m) wholesaling shall mean the distribution of goods, wares,
merchandise, food-stuffs, substances, articles, or things, in
large quantities, to a business or retailer for eventual or further
distribution, processing, assembly, or retail sale.
2. 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. Definitions and subject matters not specifically
dealt with in this By-law shall be governed by relevant provisions of By-law 2511, as
amended.
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3. EFFECTIVE DATE
This By-law shall take effect from the day of passing, subject to the approval of the
Ontario Municipal Board, if required.
READ A FIRST, SECOND, AND THIRD TIME AND PASSED THIS 2nd DAY OF MARCH,
1998.
WAYNE 1° ' ° S,
MAYOR
BRUCE J. TAYLOR,
CLERK