HomeMy WebLinkAboutInformation Report 07-16 Cat/ 00 Information Report to
Planning & Development Committee
PICKERING Report Number: 07-16
Date: May 9, 2016
From: Catherine Rose, MCIP, RPP
Chief Planner
Subject: Zoning By-law Amendment Application 06/16
City Initiated Zoning By-law
City Centre
1. Purpose of this Report
The purpose of this report is to provide general information on a City Initiated
Zoning By-law Amendment for all of the lands within the City Centre. This report
contains background information on the policy framework for the lands, an
overview of the proposed new zoning by-law for the City Centre, and comments
received from landowners and agencies on a preliminary draft.
This report is intended to assist members of the public and other interested
stakeholders to understand the proposal. Planning & Development Committee
will hear public delegations on the application, ask questions of clarification and
identify any planning matters. This report is to be received and no decision is to
be made at this time. Staff will bring forward a recommendation report for
consideration by the Planning & Development Committee upon completion of a
comprehensive evaluation of the proposal.
2. A new standalone Zoning By-law for the City Centre
In July 2013, Council authorized staff to prepare a new City Centre Zoning By-law
to facilitate the future redevelopment and intensification of lands within the City
Centre (see Attachment #1, Location Map). City staff are proposing to amend
Zoning By-laws 3036 and 2511 to remove all of the lands within the City Centre
from these parent by-laws and create a new standalone zoning by-law. The City
Centre Zoning By-law proposes new zoning categories, permits a broad range of
uses, incorporates new development standards to regulate the size, location,
massing and height of buildings, identifies minimum and maximum density
provisions, and introduces new vehicle and bicycle parking standards.
Information Report No. 07-16 Page 2
A full copy of the draft City Centre Zoning By-law is provided as Attachment#2.
The draft City Centre Zoning By-law comprises eight sections, as outlined below.
Section Description
User's Guide Includes the intent of the by-law and how to read and
use the by-law.
1. Administration Legal and transitional clauses, interpretive text, repeal
and penalty clauses.
2. General Regulations Regulations related to all zones (for example, public
uses, non-conforming uses, legal non-complying
buildings or structures, accessory buildings and
structures, accessory dwellings, home-based business
and live-work dwellings).
3. Parking & Bicycle Regulations affecting minimum vehicular and bicycle
Regulations parking requirements for residential and non-residential
uses, shared parking formula, requirements for above
and below grade parking structures, minimum loading
requirements, and provisions for parking or storage of
vehicles on a lot.
4. Permitted Uses and New zone categories, use permissions, and zone
Zone Regulations regulations related to building height, floor space index,
setbacks, length of buildings along a street line,
minimum amount of openings and glazing for non-
residential uses at grade, building separation, angular
plane requirements, podium and tower requirements,
and amenity space requirements for residential uses.
5. Definitions Definitions for approximately 150 terms used in the
By-law.
6. Exceptions* Permissions and regulations for a number of existing
developments, including site specific mapping.
7. Holding Provisions All hold provisions and conditions for removing the hold.
8. Zoning Maps New zoning maps including graphical illustration of the
boundaries of the City Centre lands, land use
categories, minimum and maximum building heights,
minimum floor space index, required at grade frontages,
site specific exceptions, and holding provisions
* not prepared for the Draft City Centre Zoning By-law as of the date of the
printing of the report.
Information Report No. 07-16 Page 3
2.1 Background
In 2011, the City initiated a Downtown Intensification Study to set out a Vision for
the future land uses within Downtown Pickering, now referred to as the City
Centre. The City began this process to implement the Province of Ontario's
Growth Plan (Places to Grow), which identifies the City Centre as an "Urban
Growth Centre".
In 2013, following an intensive public consultation process, a Vision for the City
Centre was endorsed by Council in a report entitled "Downtown Pickering —A
Vision for Intensification and Framework for Investment". The endorsement of
the report by Council provided the planning basis for an amendment to the
Pickering Official Plan and the preparation of draft urban design guidelines.
On July 14, 2014, Council approved Official Plan Amendment 26 (OPA 26) and
authorized staff to finalize the City Centre Urban Design Guidelines and bring
them back to Council for endorsement. OPA 26 introduced new designations
and policies, and changed existing policies to create a framework for the
redevelopment and intensification of the City Centre. During the subsequent
appeal period, the City received two appeals. OPA 26 was approved with
modifications by the Ontario Municipal Board on March 4, 2015, and is now in full
force and effect.
To implement the policies of OPA 26, the City is now initiating a new standalone
zoning by-law for all the lands within the City Centre and finalizing the City
Centre Urban Design Guidelines.
3. Preliminary Draft Zoning By-Law released to landowners and key agencies
City staff began working on the Draft City Centre Zoning By-law following the
approval of OPA 26 in July 2015. In October 2015, staff released a preliminary
draft of the City Centre Zoning By-law to key agencies and landowners who were
involved in the preparation of the Vision Document and OPA 26. City
Development staff held several meetings with landowners in November and
December of 2015 to provide clarification on the proposed zoning by-law and
receive comments.
3.1 Landowner Comments
The following are key comments received from landowners within the City
Centre:
• angular plane requirements should only be applied to sites adjacent to
low-rise residential housing such as detached and semi-detached dwellings,
and should exclude stacked townhouse dwellings
• maximum tower floorplate size should be increased from 750 square metres
to 950 square metres
• the by-law should allow the ability to transfer density to adjacent lands
Information Report No. 07-16 Page 4
• maximum building heights should be indicated in metres only, rather than
prescribing building height in both metres and storeys
• requesting greater ranges and flexibility in building heights in certain areas,
particularly at 1885 Glenanna Road and lands south of Highway 401
• greater flexibility should be provided for minimum building separation
• minimum building length and required at grade frontages, related to the
minimum amount of openings and glazing for street-oriented buildings,
should be deleted
• clarification is required related to the location of balconies and patios
• the Natural Heritage System zone, associated with Krosno Creek, is shown
as much larger in area than the conceptual mapping prepared by landowners
south of Highway 401
• minimum floor space index requirements should be calculated on the total
land area, including public roads
• stratified parking, below municipal and Regional road allowances, should be
recognized in the zoning by-law
• further clarification is required regarding Holding Provisions related to block
development plans and the conceptual design of Krosno Creek park
• minimum parking requirements for residential, office and retail uses should
be reduced
• bicycle parking space requirements should be modified or removed, and
dimensions of a bicycle parking space should be deleted
• shared parking ratios for mixed use developments should be revised to
provide shared parking at different times of the day
• clarification regarding the number of landmark buildings permitted on a lot
• site specific exceptions should continue to apply for certain uses, parking
standards, and building locations that were previously approved by the City
3.2 Agency Comments
The following comments on the preliminary draft zoning by-law were received
from key agencies:
3.2.1 Region of Durham
• the long-term intensification and redevelopment of the Urban Growth Centre,
through the implementation of the draft City Centre Zoning By-law, is
consistent with Provincial, Regional and City Policies
• the draft amendment includes the use of holding provisions to ensure that
appropriate requirements are met prior to permitting new uses on the subject
lands
• Section 1.13 Holding Provisions should be revised to include the
requirements for studies, which address stationary and vehicular noise,
vibration, odour, dust, air quality and site contamination
• the current infrastructure for sanitary sewer and municipal water supply is
insufficient for the maximum densities permitted by the draft amendment, but
improvements to the Region's infrastructure can resolve the system
deficiencies
Information Report No. 07-16 Page 5
• to prevent transportation issues related to parking queuing of vehicles and
pedestrian/vehicle conflicts, the City should consider adding private home
daycare, private school, bed and breakfast and place of worship uses to the
list of prohibited home-based businesses identified in Section 2.9 b)
• consideration should also be given to restricting uses that may not be
compatible with frontage on a major arterial road, such as community centre,
day care centre, park, place of worship, restaurant (with drive-through),
retirement home, and schools (all types); compatibility issues associated with
these uses include pedestrian/vehicle conflict, vehicle drop-off activity, vehicle
queuing and noise impacts
3.2.2 Durham Region Transit
• no concerns
3.2.3 Toronto and Region Conservation Authority (TRCA)
• Pine Creek and Krosno Creek floodplains are very constrained by
development and infrastructure; TRCA recommends that the City undertake a
comprehensive floodplain assessment using Ministry of Natural Resources
and Forestry standards for floodplain modeling to identify opportunities for
floodplain remediation and, where appropriate, a revised natural heritage
system boundary
• a comprehensive evaluation of bridge spans and alignments should be
completed for the new bridge across Pine Creek, and recommends that the
City complete the appropriate Environmental Assessment to identify the
location and design of the bridge so that flood risks are appropriately
addressed
• the zoning schedules to do not accurately reflect the location of the natural
heritage system and its associated flood and erosion hazards; a complete
natural hazard and natural heritage evaluation must be conducted
3.2.4 Ministry of Transportation (MTO)
• Section 1.7 b) should remain in the final version of the by-law
• some of the lands within the City Centre are within the Ministry of
Transportation's permit control area and future development of these lands
will require Ministry review and approval
• the owner/applicant will require an MTO Building & Land Use Permit for any
development, entrance, change of entrance use, building or structure within
45 metres of the provincial highway property line or within 395 metres of the
centre point of an intersection or interchange with a provincial highway
Information Report No. 07-16 Page 6
4. Peer Review of draft City Centre Zoning By-law
MMM Group and SGL Planning & Design Inc. have been retained to peer review
the draft City Centre Zoning By-law, and provide advice and recommendations
on select components of the By-law. MMM Group has provided
recommendations on the proposed minimum vehicle parking and bicycle space
requirements and shared parking ratios. SGL Planning & Design Inc. has
provided recommendations on the Holding Provisions and Zone Regulations,
specifically with respect to minimum floor plates, angular plane, minimum and
maximum floor space index, minimum and maximum heights related to both
podiums and towers, building setbacks, balcony projections, and building length
and required at grade frontages.
City Development staff have met with both MMM Group and SGL Planning &
Design Inc., and have incorporated most of their preliminary recommendations
into the draft City Centre Zoning By-law. Staff are currently reviewing and
evaluating preliminary recommendations on bicycle space requirements, angular
plane, podium heights, and holding provisions. A final report from both
consultants will be submitted to City Development Staff outlining final
recommendations, which will be reviewed and incorporated into the proposed
City Centre Zoning By-law as appropriate.
5. City Centre Urban Design Guidelines
In June 2014, the City Development Department hosted an open house to
receive comments from the public, landowners and local stakeholders on the
draft City Centre Urban Design Guidelines. The draft guidelines provide design
direction for intensification, to guide buildings and private development, as well
as investments in public infrastructure in the City Centre. To ensure consistency
with the recommended City Centre Zoning By-law, the City Centre Urban Design
Guidelines will be brought forward to Council for endorsement along with the
recommended City Centre Zoning By-law.
6. Open House Meeting scheduled for May 2, 2016
City Development staff will be hosting an Open House to be held on
Monday, May 2, 2016 at City Hall. The purpose of the Open House is to allow
residents, businesses and landowners within the City Centre an opportunity to
learn more about the draft City Centre Zoning By-law and to receive their
concerns and comments. Feedback received from the Open House will be used
to assist in preparing the final by-law.
Information Report No. 07-16 Page 7
7. Next Steps
Staff will be reviewing and evaluating the following requirements for inclusion into
the proposed City Centre Zoning By-law:
• provision for a minimum landscaped open space area
• provision for the integration of mechanical penthouses into the top of
buildings
• re-evaluate podium height requirements based on the width of the
adjacent street or private road right-of-way
• re-evaluate provisions for the "Holding" zones based on final
recommendations from SGL Planning & Design Inc. and comments from
TRCA
• consider additional built form standards, such as angular plane
requirements from the top of the podium in order to minimize visual impact
of tall buildings on the street and maximize sun penetration
• recognize site specific exceptions related to minimum building heights, as
permitted in OPA 26
• review various definitions and wording of sections to improve clarity
• include site-specific exceptions that may be required for certain properties
within the City Centre to recognize and maintain existing standards and
permissions;
Staff will continue to work with residents, businesses, landowners and key
agencies to evaluate their concerns and comments, and prepare the final by-law.
City Development Staff anticipate to bring forward a recommended City Centre
Zoning By-law and City Centre Urban Design Guidelines for Council's enactment
and endorsement by late Fall 2016.
8. General
• written comments regarding this proposal should be directed to the City
Development Department
• oral comments may be made at the Public Information Meeting
• all comments received will be noted and used as input to a Planning Report
prepared by the City Development Department for a subsequent meeting of
Council or a Committee of Council
• any member of the public who wishes to reserve the option to appeal
Council's decision must provide comments to the City before Council adopts
any by-law for this proposal
• any member of the public who wishes to be notified of Council's decision
regarding this proposal must request such in writing to the City Clerk
Information Report No. 07-16 Page 8
•
Attachments
1. Location Map
2. Draft City Centre Zoning By-law
Prepared By: Approved/Endorsed B :
m 'L
Melissa Markham, MCIP, RPP Catherine Rose, M IP, RPP
Princi al Planner— Development Review Chief Planner
Nilesh Surti, MCIP, RPP
Manager, Development Review &
Urban Design
MM:Id
Attachments
Date of Report: April 25, 2016
Copy: Director, City Development
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City Development DATE: Apr. 11,2016
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Information Report# 07-/6
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Table of Contents
Intent and How to Read and Use This By-law 1
1.0 Administration 3
1.1 Title 3
1.2 Application 3
1.3 Purpose 3
1.4 Repeal of former By-laws 3
1.5 Effective Date 3
1.6 Conformity and Compliance 3
1.7 Administration Y 4
1.8 Penalties 4
1.9 Severability ' 4
1.10 Establishment of Zones °°_. 4
1.10.1 Zones ,,., 4
1.11 Interpretation ,°r 5
1.11.1 Zone Boundaries 5
1.11.2 Definitions 5
1.11.3 Examples and Illustrations - .., N, 5
1.11.4 Reduction of Lot Area Due To Public Acquisition or Conveyance 5
2.0 General Regulations 6
2.1 Prohibited Uses `;' 6
2.2 Public Uses Permitted in/All Zones 6
2.3 Linear Utilities Permitted in All Zones fi 6
2.4 Permitted Encroachments 6
2.5 Legal Non-Conforming Uses 7
2.6 Legal Non-Complying Building or Structures 7
2.7 Legal Non-Complying Lots' 8
2.8 Accessory Dwelling Unit 8
2.9 . Home -Based Business 8
2'10 Accessory Buildings and Structures 9
2 11 Live Work Dwelling 10
'-2.12 Patios 10
2:1.3 Temporary Sales Office 10
2.14. Lots on Public and Private Streets 11
2.15 'Yards Abutting Daylight Triangles 11
2.16 Satellite.Dish"Antenna 11
2.17 Air Conditioners 11
2.18 Human'Habitation Not Within Main Buildings 11
3.0 Parking Regulations 12
3.1 Parking Space Requirements 12
3.2 Rounding Provisions 13
3.3 Accessible Parking Requirements 13
3.4 Parking for Multiple Uses on One Lot 13
3.5 Parking Off-Site 14
3.6 Size of Parking Spaces and Aisles 14
3.7 Surface Parking Spaces and Lots 14
City Centre Zoning By-law- Draft April 2016 i
3.8 Parking Structures 15
3.9. Bicycle Parking 15
3.10 Restrictions on the Parking and Storage of Vehicles 16
3.11 Loading Standards 16
3.12 Waste Management • 17
4.0 Permitted Uses and Zone Regulations 18
4.1 Permitted Uses 18
4.2 Zone Regulations 20
5.0 Definitions , 22
6.0 Exceptions '°, ' 8 35
7.0 Holding Provisions 2 S` 36
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7.1 Holding Provision (H1) 4_ ,.< ,/\ '4 36
7.2 Holding Provision (H2) \ ` \/ \ 37
7.3 Holding Provision (H3) k \ s. /y `> 37
7.4 Holding Provision (H4) 7 " \ Y'` / 37
7.5 Holding Provision (H5) 38
8.0 Schedules .-'" 39
-\\))Schedule 1 City Centre Lands
Schedule 2 Land Use Categories 7 ,
Schedule 3 Minimum Building Height f `
' Schedule 4 Maximum Building Height
Schedule 5 Minimum Floor Spa Index (FSI)'` I
Schedule 6 Active At Grade Frontages I
Schedule 7 Exceptions�(r otiprepared for the Draft City Centre Zoning By-law)
Schedule 8 Holding Provisions.
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City Centre Zoning By-law— Draft April 2016 ii
Intent and How to Read and Use This By-law
This section does not constitute a legal part of this By-law.
It is the intent of this By-law to implement the goals and objectives of Official Plan
Amendment 26 to create a framework for the redevelopment and intensification of the City
Centre and to promote land uses and built form that are transit-oriented, environmentally
friendly and supportive of mixed use development and walking.
This introduction explains how to read and use this Zoning By-law and is solely for the
purposes of assisting the reader. Readers unfamiliar with zoning by-laws are encouraged to
read this introduction. ::f
All properties within the boundaries of this Zoning By-law have a zone associated with them
as shown on the schedules in Section 8. Each zone is subject to requirements and
restrictions. f
Section 1 of the Zoning By-law sets out the administration matters including the establishment
and interpretation of zoning boundaries.
Section 2 sets out a number of general provisions,,which apply to development in all zones.
These general provisions address such matters as yard encroachments, legal non-conforming
uses, patios, and live work dwellings among others.
Section 3 contains parking regulations that apply to development in all zones.
Section 4 sets out the permitted uses and zone regulations"for each zone in a table format. A •
wide range of uses is permitted in each of the zones. It is the intent of this By-law to provide
a broad range of uses,throughout the City Centre lands.
Section 5 sets out the defined terms within the Zoning By-law.
Section 6 includes exceptions to`the Zoning Wavy for a number of existing developments
within the City Centre lands.
Section 7 establishes a series of Holding provisions which clearly outline the necessary
studies, financial commitments,and implementation steps that need to be undertaken before
development can proceed. In some cases, these apply across the City Centre and in other
cases to specific sites.
Section 8 contains the schedules, which form part of the Zoning By-law. The schedules
include a graphical illustration of the boundaries of the City Centre Zoning By-law lands, land
use categories and zoning provisions. The schedules also illustrate lands with site specific
exceptions to the Zoning By-law and lands subject to specific holding provisions.
The recommended process to verify the applicable zone provisions for a specific property
within the City Centre lands is to:
a) Verify that the property is located within lands regulated by the City Centre Zoning
By-law, as shown on Schedule 1 — City Centre Lands, in Section 8.
City Centre Zoning By-law— Draft April 2016 1
i
b) Locate the property on Schedule 2 — Land Use Categories, in Section 8, to identify the
applicable zone category; .
c) Review the permitted uses applicable to that zone as listed in Table 3 in Section 4;
d) Review the zone regulations applicable to that zone as listed in Table 4 in Section 4, in
association with Zoning By-law Schedules 3 to 6 in Section 8;
e) Review the general provisions and parking regulations for the proposed use in
Sections 2 and 3; .
f) Review Schedule 7 - Exceptions, in Section 8, to determine if the property is located
within an area subject to any applicable site-specific zoning exceptions listed within
Ilibir� rSection 6,f �s
g) Review Schedule 8 — Holding Provisions, in Sectin8, to de,ermine .f the property is
located within an area subject to required studies or reports p or to development as
listed in Section 7; and r r �� .
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ems,,,
h) Contact the City to ensure information is accurate ands whether the prope,y s ubject
to any variances.
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City Centre Zoning By-law— Draft April 2016
Section 1.0 Draft—April 2016
1 .0 Administration
1 .1 Title
This By-law may be cited as the "City Centre Zoning By-law". Reference to "Zoning
By-law" and "this By-law" within this document shall mean the "City Centre Zoning
By-law", unless otherwise specified.
1 .2 Application
This By-law applies to the City Centre lands in the Corporation,of the City of
Pickering as shown on Schedule 1 — City Centre Lands,,in Section 8. The zone
boundaries and zone regulations are shown on the zoning schedules, in Section 8,
which are attached to and form part of this By-law.
1.3 Purpose
The purpose of this By-law is
a) to regulate the use of land, buildings and structures, and to':regulate the
construction and alteration of buildings and structures by statutory authority
granted by the Ontario Planning Act; and
b) to implement the policies within the Pickering Official Plan and the City Centre
Urban Design Guidelines pertaining to the City Centre`lands.
1 .4 Repeal of former By-laws t
The provisions of By-law 3036 and 2511 of the City of Pickering, and the
associated amendments,are repealed for all the lands as shown on Schedule 1 —
City Centre Lands,{in Section 8.
1 .5 Effective Date—
This By-law shall come into force the day that it is passed, if no appeals are
received. If appeals are received, the appealed portions shall come into force when
all such appeals have been withdrawn or finally disposed of and the rest of the
By-law shall come into force the day the By-law is passed.
1.6 Conformity and Compliance
a) No person shall use any land, building or structure, or erect or alter any building
Y 9'
or structure, after the passage of this By-law, except in conformity and
compliance with the provisions of this By-law.
b) Nothing in this By-law exempts compliance with other by-laws, legislation or the
requirement to obtain any license, permission, permit, authority or approval
required by this By-law, any other by-law or any other legislation.
City Centre Zoning By-law— Draft April 2016 3
Section 1.0 Draft—April 2016
1 .7 Administration
The Chief Building Official of the City of Pickering, or his or her designate,
administers this By-law.
1 .8 Penalties
Any person who contravenes this By-law is guilty of offence and liable to fines
under the Planning Act. This includes a director or officer of a corporation who
knowingly contravenes this By-law.
A,
1 .9 Severability
ti
A court decision that one or more of the provisio s of this B aw are invalid in
whole or in part does not affect the validity, effectiveness—or enforceability of the
other provisions or parts of the provisions of this ®y law. . �.
„,,,,$,
Atilta 1 .10 Establishment of Zones -4:s-
.. �
1.10.1 Zones
All lands covered by this By-law, as described } ection 1.2, .re contained within
one or more of these zones: �`� fey
Zone , ff.// ymbol
City Centre One f� CC1
City Centre Two `f 7,10:// CC2
City Centre Residential:One. CCR1
-. r`' CCR2
City Centre-Reesidential Tw® ,
CCC
City n re. 1 ,,1 ,
r rr :• OS
Openceti -..1.00,:m.::.� f
Naure Heritage Sys e NHS
4Saiv 'WA.
1.102 Location of Zone f.
Zones are shown on t,e zoning schedules in Section 8. The lands within each
®ne are subject toil - provisions of that zone, as well as the general
eg ations of this:B;-law.
. tr
City Centre Zoning By-law— Draft April 2016 4
Section 1.0 Draft—April 2016
1.11 Interpretation
1.11.1 Zone Boundaries
a) If the zone boundary is shown in Section 8:
i) As following a street, lane, railway right-of-way, electric transmission line
right-of-way or watercourse, then the centre line of the street, lane, railway
right-of-way, electric transmission line right-of-way, municipal boundary or
watercourse is the boundary;
ii) As substantially following lot lines shown on a registered plan of
subdivision, then the lot lines are the bounda " fj
iii) As following a planned street or lane as tlined in he City of Pickering's
kew
Official Plan, $-
the future right-of-way, once deternlned hrough a
development agreement, is the boundary F. r
iv) As not being in accordance with the above provisions, thal e zone.
boundary shall be scaled from the zoning schedules in Sec ie
VOA
b) In addition to the above, if the zone boundary separate. {a lot into portions, each
portion of the lot shall be used in accordaNe with the ppr lions of this By-law
for the applicable zone.
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1.11.2 Definitions
a) Throughout this By-law, any italic zed wore is de m ed an Section 5 to provide
clarity and ensure that thBy-law and its intent are applied consistently.
b) Where a use is defined, it shall not b interpret to include any other defined
use unless it is stated;infthe definition o contrary.
1.11.3 Examples an$3111ustrati ons
An 7illu rations rouehout th'isS8 i .aw, as well as examples and margin notes, are
for,clarification and on lenience an are not part of this By-law.
Aterae• 4 •S,�Ly ,
1.1114 Reduction of Lot Area:Due To Public Acquisition or Conveyance
r'; Despite any other provision of this By-law, where, as a result of an acquisition of
`landby a public authority such acquisition results in a contravention of this By-law
re atiii.to setbacks, he' the lands so acquired shall be deemed to continue to
•form pa.4 of the lo . on which the building or buildings are located in determining
compliaac '` ith this By-law.
Amoy
•
City Centre Zoning By-law— Draft April 2016 5
Section 2.0 Draft—April 2016
2.0 General Regulations
2.1 Prohibited Uses
With respect to any lands to which this By-law applies, all uses are prohibited
unless specifically permitted in this By-law.
2.2 Public Uses Permitted in All Zones
a) Despite anything else in this By-law, the City of Pickering or Region of Durham
or any of their local boards as defined in the Municipal:Act, any communications
or transportation system owned or operated b for for thetiCity of Pickering or
p Y p ,�y ������ ,.
Region of Durham, and any agency of the Federal or Provincial Government,
may, for the purposes of public service, useany land or use any
building or structure in any zone. *yam . '.` ,r
b) This exemption for Public Uses in any zone shall hot apply to:
i) permit buildings or structures in the Natural Heritage System (NHS) Zone
except for linear infrastructure and the,uses otherwise permitted in the NHS
zone;
ii) permit any outdoor storage, or a waste transfer or waste processing facility;
or
iii) permit any land or building used by any local S,chool Board, University or
College.
� Az
2.3 Linear Utilities Permitted in All Zones
a) Despite anything elseirthis By-law, a utility company providing services in the
form oftelecommunication, gas, hydro and cable television and other similar
,u lity company may use anynland or erect or use any building or structure in
any zone for the purpose of a linear utility service.
:sb) this exemption for linear utilities°°in any zone shall not apply to:
i) permit buildings or structures in the Natural Heritage System (NHS) Zone
except for structures directly related to the linear utility and uses otherwise
p Y Y
:,e,permitted in the NHS Zone;
i) ermit any outdoor storage or works/maintenance yards; or
iii) 'permit;any land or building to be used for administrative offices, retail
purposes or vehicular or equipment maintenance.
2.4 Permitted Encroachments
No part of any required yard, setback or stepback shall be obstructed except as
follows:
a) Projections such as awnings, canopies, window sills, chimney breasts,
fireplaces, belt courses, cornices, pilasters, eaves, eave troughs and other
similar architectural features may be permitted in any required setback, provided
that no such feature projects into the required setback more than 0.6 metres or
half the distance of the minimum required setback, whichever is less.
City Centre Zoning By-law— Draft April 2016 6
Section 2.0 Draft—April 2016
b) Any stairs to a porch or uncovered platform and any unenclosed ramp for
wheelchair access may encroach into any required setback provided it is no
closer than 0.3 metres from a lot line.
c) A balcony, porch or uncovered platform may encroach into any required setback
to a maximum of 2.0 metres or half the distance of the minimum required
setback, whichever is less, along any street not identified as a required Active
At-Grade Frontage, shown on Schedule 6.
d) A bay, box or bow window, with or without foundation, having a maximum width
of 4.0 metres may encroach into any required setback to a maximum of 0.6 metres
or half the distance of the minimum required setback, whichever is less.
2.5 Legal Non-Conforming Uses
a) A legal non-conforming use is a use of land and/or building that legally existed
on the date this By-law came into effect under the.Planning Act. To be legal,
the use must have been permitted on the lands in the zoning by-law that was in
effect before this By-law came into effect or if it was,established before the first
r
By-law for the City of Pickering or the By-law for the original Township was passed.
b) This By-law shall not prevent the use of any land, building or structure for any
purpose prohibited by this By-law if such land, building or structure was lawfully
used for such purpose on the day of passing of this By-law, and provided that
such land, building or structure`continues to be used for that purpose.
2.6 Legal Non-Complying Building or Structures
a) A legal non-complying building or structure is`a building or structure that was
legally erected in a location it was in when this By-law came into effect under
the Planning Act. To be legal, the location of the building or structure must have
been authorized on the lands"in the zoning by-law that was in effect before this
By-law came into effect, or if it was erected before the first by-law for the City of
Pickering or the by-law for the original Township was passed.
b) A non-complying building or structure which existed legally prior to the passing
of this By-law may be enlarged, repaired, renovated or reconstructed provided
that the enlargement, repair, renovation or reconstruction:
i) does not further increase the extent of a non-compliance; and
ii) „complies with all other applicable provisions of this By-law.
,y�yp
7
City Centre Zoning By-law— Draft April 2016
Section 2.0 Draft—April 2016
2.7 Legal Non-Complying Lots
A lot which existed legally prior to the effective date of this By-law, that does not
meet the minimum requirements of the applicable Zone, shall be deemed to comply
with this By-law. Such lots may be used and buildings may be erected, enlarged,
repaired or renovated on the lot provided that the use and the buildings or
structures comply with all other provisions of this By-law.
2.8 Accessory Dwelling Unit
(a) Despite any provision in this By-law to the contrary, iany zone that permits a
townhouse dwelling, an accessory dwelling unit its per, att e:within the
townhouse dwelling provided:
the maximum floor area of an accessory ,elling,unit shall ee one hundred
(100) square metres; and
a home-based business is prohibited in either �dwelling unit o - d e ling
containing an accessory dwelling unit.
40.E . .
2.9 Home-Based Business
a) A home-based business is permitt- e'within:a``dwelling unit provided the
home-based business is used by};the resident of the dwelling unit and the
resident is either a sole proprietor,;partner shareholde or officer of the
company operating the hor e-based business, o an employee who uses their
dwelling unit as their principal place of;Q.usinessj `
b) The following spec f c es are prohi cite a:in': home-based business:
i) adult entertain establishment;
u > animal boarding establishment,
i) J assembly ® vention centre or conference hall;
y ; iv) commercia fit ,ess/recrea-tonal centre;
FJJ Vye
..40K v) contractors yar®;
vi) dating/escort service;
JR ii) funeral home
iii= nightclub; .4
ix ®lace o , Fr usement;
x) pu®li . h/whirlpool;
xi) res aurant;
xii) retail store;
xiii) taxi service;
xiv) vehicle dealership;
xv) vehicle repair facilities;
xvi) veterinary clinic;
xvii) warehousing; and
• xviii) wholesaling.
City Centre Zoning By-law— Draft April 2016 8
Section 2.0 Draft—April 2016
c) In addition, any use which constitutes a nuisance, or any use which is offensive
or obnoxious in any way, including 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, hazardous
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.
d) The maximum combined floor area that all home-based businesses within one
dwelling unit may occupy is 25 percent of the finished floor area of that dwelling
unit to a maximum of 50 square metres.
e) No use or activity relating to a home-based business is permitted in a private
garage or accessory building or structure, 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 private garage or accessory building or
structure was designed to accommodate. � � �
f) No outdoor storage or visible display relating to a home-based business is
permitted.
g) Customer or client parking is notrequired to be provided on the lot.
h) External changes or alterations required for or relating to a home-based
business which would change the overall residential character of the dwelling
unit are not permitted.
i) Despite the uses prohibited in a home-based business as specified in
Section 2.9 b), 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 itens_is a permitted use in a home-based business provided that no
catalogue items are stored on the premises.
2.10 Accessory Buildings and Structures
a) Accessory buildings:and structures are permitted on a lot where a principal
building housing a principal permitted use, already exists or is under
construction.
b) Except,as may be provided herein, accessory buildings and structures are only
permitted :,to bey'erected in the rear yard and interior side yard.
c) Accessory buildings and structures must be set back a minimum of 1.0 metre
from all lot lines except that the setback from the interior side lot line may be
reduced to 0.6 metres if there are no doors or windows on the wall facing the
interior side lot line.
d) No accessory building shall exceed a maximum building height of 3.5 metres
except.
e) The total lot coverage of all accessory buildings shall not exceed 5 percent of
the lot area.
f) Human habitation is not permitted in an accessory building or structure.
City Centre Zoning By-law— Draft April 2016 9
Section 2.0 Draft—April 2016
2.11 Live Work Dwelling
a) The following specific uses are permitted in a live work dwelling:
i) dwelling unit;
ii) art gallery;
iii) restaurant;
iv) dry-cleaning distribution station;
v) office;
vi) office, medical;
vii) personal service shop; and
viii) retail store.
b) The minimum floor area for any permitted use listed in 2.11 a) within one
dwelling unit is 50 square metres. ="
2.12 Patios �E
a) A patio shall only be permitted as an accessory use to a restaurant, subject to
the minimum yards for the zone in which it is located. The following additional
regulations apply: >
F _ pa
i) patios are not permitted in any yard abutting detached, semi-detached and
townhouse dwellings; =� r
ii) patios are not permitted on a balcony on any lot abutting detached, semi-
detached detached and townhouse dwellings;
iii) patios shall not be considered as'floor area and gross leasable floor area
when calculating floor area and gross leasable floor area for the use it
serves; and '`
iv) patios shall not exceed 50 percent of the gross leasable floor area of the
associated restaurant.
2.13 Temporary Sales Office
A Temporary Sales Office for the sale of lots or units in a plan of subdivision or
condominium are permitted, subject to the following:
a) The temporary sales office shall not be permitted until an applicable plan of
subdivision or condominium has received draft plan approval or the property is
in a zone that permits the proposed development.
b) The temporary sales office shall only be permitted for such period that work
within a relevant plan of subdivision or condominium remains in progress,
having not been finished or discontinued for 60 days.
c) The temporary sales office shall comply with the minimum setback provisions of
the applicable zone.
d) Parking spaces are to be located to the side and rear of the temporary sales
office.
City Centre Zoning By-law— Draft April 2016 10
Section 2.0 Draft—April 2016
e) Notwithstanding Section 4.2 of this By-law, minimum building height does not
apply to a temporary sales office.
2.14 Lots on Public and Private Streets
a) Where the lot and setback requirements in a zone apply to lots or buildings
abutting a public street, such provisions shall equally apply to lots or buildings
abutting a private street.
2.15 Yards Abutting Daylight Triangles
k prc`vi vrsionss hall be measured
a) Where a lot abuts a daylight triangle, the setba c,$,
as if the daylight triangle did not exist provideda$ll{buildings aree setback 0.6 metres
from the daylight triangle with the exception off window ill elt courses,
cornices, eaves, and eave troughs which marroje�cttto wi hi .,®. metres of the
daylight triangle.
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2.16 Satellite Dish Antenna
Satellite dish antennae are permitted in any Zone provide fthati,
-.**--- $�-.*$' any ,c,'io
a) it does not exceed a diameter of 1::,37::, etres a"'nd � �
b) it is not attached to the front fag'.de of the principal:®uilding or any accessory
building or structure in the front ard. :dr WO
2.17 Air Conditioners 0//174 ..1.4.„0- -::::::s
Air conditioners are permitted on a lot pro.{idedhey are located in the rear yard or
interior side yard or on a balcony or roof. n a•dition, such units shall not be
located n .c oser. han 0.6,mres to an interior lot line and shall not be located on
an easements inx a"our of the eity.
2.18 AlHuman HabitatiSo� n.S, Not Within Main Buildings
�� No truck, bus, coach, street car body, railway car, mobile home, trailer or other
, vehicle shall be used for•h°uman habitation whether or not the same is mounted on
eels or other forms �fs* ounting or foundations.
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City Centre Zoning By-law— Draft April 2016 11
Section 3.0 Draft-April 2016
3.0 Parking Regulations
3.1 Parking Space Requirements
Every building or structure erected, enlarged or used in accordance with the
provisions of this By-law shall be provided with the minimum number of required
parking spaces specified in Table 1.
Table 1 - Minimum Parking Requirements
Residential Uses
Accessory Dwelling Unit Not required
Apartment Dwelling 1.0 space per dwelling unit and an additional
0.2 of a space per dwelling unit for visitors
Back-to-Back Townhouse Dwelling 2.0 spaces per dwelling unit and an additional
0.2 of a space per dwelling unit for visitors
Block Townhouse Dwelling 1.75 spaces per dwelling unit and`an `
additional 0.2 of'a space per dwelling unit for
visitors
1.75 spaces per dwelling unit plus 3 spaces
Live Work Dwelling per 100 square metres gross leasable floor
area (GLFA),ofcommercial use
Stacked Dwelling 1.25 spaces per dwelling unit and an
additional 0.2 of a space per dwelling unit for
visitors
Townhouse Dwelling 2.0 spaces per dwelling unit
Non-Residential Uses
Art Gallery .. =� 3.5 spaces per 100 square metres GLFA
Assembly, Convention Centre or 10.0 spaces per 100 square metres GLFA
Conference Hall
Commercial Fitness/Recreational Centre 4.5 spaces per 100 square metres GLFA
Community Centre 3.5 spaces per 100 square metres GLFA
Day Care°Centre � 1.0 space per employee plus 3.0 spaces and
an additional 1.0 space per classroom
Financial Institution 3.5 spaces per 100 square metres GLFA
Home-Based'Business Not required
Hotel 0.85 space per guest room and an additional
10.0 spaces per 100 square metres GLFA
Library 2.5 spaces per 100 square metres GLFA
Long-Term Care Facility 0.33 of a space per bed
Museum 3.5 spaces per 100 square metres GLFA
Nightclub 10.0 spaces per 100 square metres GLFA
Office 2.5 spaces per 100 square metres GLFA
Office, Medical 3.5 spaces per 100 square metres GLFA
Park Not required
Personal Service Shop 3.5 spaces per 100 square metres GLFA
Place of Amusement 4.5 spaces per 100 square metres GLFA
City Centre Zoning By-law- Draft April 2016 12
Section 3.0 Draft—April 2016
Non-Residential Uses (continued)
Place of Worship 10.0 per 100 square metres GLFA for any
assembly area
Private Club 4.5 spaces per 100 square metres GLFA
Private Home Daycare Not required
Restaurant 5.0 spaces per 100 square metres GLFA
Retail Store 3.5 spaces per 100 square metres GLFA
Retirement Home 0.3 of a space per unit plus 0.05 of a space per
unit for visitors
School, Commercial 3.5 spaces per 100 square metres GLFA
School, Elementary 1.3 spaces peraclassroom
School, Post-Secondary 1.0 space per 100 square metres GLFA
School, Private 1.3 spaces per classroom
Clinic 3.5 spaces per100 square metres GLFA
t� b
3.2 Rounding Provisions
Where parking spaces are calculated by gross leasable floor area, or similar
calculation, and the required parking is a fraction, the number of parking spaces
shall be rounded up to the nearest whole number.
3.3 Accessible Parking Requirements
To be provided on-site in accordance with the requirements of the Traffic and
Parking By-law 6604/05 as amended, or any successor thereto.
3.4 Parking for Multiple Uses on One Lot
A shared parking formula may be used for the calculation of required parking for
multiple'uses on°a lot,
Shared parking is toebe calculated in compliance with Table 2 —Shared Parking
Formula.
All required parking spaces must be accessible to all uses participating in the
'shared parking arrangement and may not be reserved for specific users.
The initial step in determining required parking for multiple uses on a lot is to
calculate the parking requirement for each use in the development as if these uses
were free-standing buildings. The parking requirement for each use is then
multiplied by the percent of the peak period for each time period (i.e. noon),
contained in Table 2 —Shared Parking Formula. Each column is totaled for
weekday and weekend. The highest figure obtained from all time periods shall
become the required parking for the development.
City Centre Zoning By-law— Draft April 2016 13
Section 3.0 Draft—April 2016
Table 2 —Shared Parking Formula
Type of Use Percentage of Peak Period (Weekday)
Morning Noon Afternoon Evening
Financial Institution/Office/Office, 100 90 95 10
Medical
Food Store/Personal Service 65 90 90 90
Shop/ Retail Store
Restaurant 20 100 30 100
Hotel 70 70 70 100
Residential — Resident 80 55 80 100
Residential —Visitor 20 20 60 100
Type of Use Percentage of Peak Period (Saturday)
Morning Noon Afternoon ,=Evening
Financial Institution/Office/Office, 10 10 '` 10
Medical
Food Store/Personal Service 80 100. 100 , 70
Shop/ Retail Store
Restaurant 20 ' 100 A., 50 100
Hotel 70 70 f 70 100
Residential — Resident 90 65 ' ,' 90 100
Residential —Visitor 20 60 100
3.5 Parking Off-Site m, _ ,
a) Required parking spaces for any use, with the exception of townhouse dwellings
located on separate lots, may be located on another lot within the lands covered
by this By-law, where a legal easement or an agreement exists.
3.6 Size of Parking Spaces and Aisles
a) Parking spaces shall be a minimum of 2.6 metres in width and 5.3 metres in
length, exclusive ofany land used for access, maneuvering or similar purpose.
b) Aisles within a parking lot shall be a minimum pavement width of 3.8 metres in
width for one-way traffic and a minimum of 6.5 metres in width for two-way
traffic
3.7 Surface Parking Spaces and Lots
a) The following surface parking provisions are required for on-site parking and
access to drive aisles:
i) All surface parking shall be located to the rear or interior side of buildings;
ii) Laneways, drive-aisles and side yard parking shall not exceed 30 percent of
the lot frontage, up to a maximum of 28 metres;
iii) Surface parking shall not be located within 3.0 metres of a lot line abutting a
street line or daylight triangle; and
City Centre Zoning By-law— Draft April 2016 14
Section 3.0 Draft—April 2016
iv) A 3.0 metre wide landscaped area shall be required and permanently
maintained between any street line or existing residential development and
the parking spaces or aisles.
3.8 Parking Structures
a) Parking structures located adjacent to any street line shall comply with the
provisions for the main building in accordance with this By-law.
b) Notwithstanding Section 3.8 (a), no setbacks shall be required for any portion of
a parking structure if it is constructed completely below the established grade.
c) Stairs and air vents associated with a parking structure are not permitted in a
front yard or exterior side yard.
d) Air vents constructed in association with an underground parking structure are
permitted to project to a maximum of 1.2 metres above finished grade no closer
than 3.5 metres to a street line, in any permitted yard.
e) The parking of motor vehicles is prohibited in the first storey of an above grade
parking structure for the first 9.0 metres of the depth of the parking structure
measured in from the lot line along a street line with required active at grade
frontages, shown on Schedule 6.r- T'
f) Above ground parking structures that front onto street line shall have a
•
minimum ground floor height of 4.5 metres.
3.9 Bicycle Parking
a) Bicycle parking must be located on the same lot as the use or building for which
it is required.
b) A maximum of 50 percent of the required bicycle parking may be vertical
spaces; the rest of the required spaces must be horizontal spaces.
c) Where the number of bicycle spaces exceeds 50 spaces, a minimum of
25 percent of the total required must be located within:
i) A building or structure;
i A secure area such as a supervised parking lot or enclosure; or
cA p P 9
iii) Bicycle lockers.
d) Where four or more bicycle parking spaces are provided in a common parking
area, each space must contain a parking rack that is securely anchored to the
ground and attached to a heavy base such as concrete.
e) Dimensions:
i) If located in a horizontal position (on the ground): a minimum length of
1.8 metres and a minimum width of 0.6 metres;
ii) If located in a vertical position (on the wall): a minimum length of 1.5 metres
and a minimum width of 0.5 metres.
City Centre Zoning By-law— Draft April 2016 15
Section 3.0 Draft—April 2016
f) Rates:
i) For residential uses with no attached garage: 0.5 spaces per dwelling unit;
ii) For non-residential uses: the greater of 2 or 1.0 parking space for each 500
square metres of gross floor area or portion thereof.
3.10 Restrictions on the Parking and Storage of Vehicles
No person shall use any lot, containing an existing detached dwelling, an existing
semi-detached dwelling or a townhouse dwelling, building or structure for the
parking or storage of vehicles except in accordance with'the following provisions:
a) Number of Vehicles
A maximum of four (4) vehicles, only one of which may be a trailer, are
permitted to park on the driveway. �
b) Size of Vehicles ' =F.
i) For those vehicles parked on any lot, the maximum permissible li•eight is
2.6 metres, and the maximum permissible length is 6.7 metres;
ii) Notwithstanding Section (i), one vehicle parked on a driveway in a side
yard or rear yard can be of a/size up to a maximum permissible height of
3.5 metres, and a maximum permissible length of 8.0'metres; and
iii) Height is measured from the established grade immediately beside the
vehicle up to the vehicle's highest'point, which excludes lights, antennas
and other such items ancillary to the vehicle's body.
c) Location of Vehicles
No part of any front and except a driveway is to be used for the parking or
p Y Y..,:��, p Y p g
storagelof vehicles and no vehicle is to encroach onto any road allowance.
d) Inoperative Vehicles
The parking or storage of an inoperative vehicle is not permitted on any lot
unless it is entirely within a fully enclosed building or structure.
e) Construction Vehicles,
The parking or storage of a construction vehicle or a commercial vehicle is not
permitted, unless it is`entirely within a fully enclosed building or structure.
f) `Oversize Vehicles
A vehicle that exceeds the maximum permissible vehicle size provisions of
Section 3.10 b), is permitted to park temporarily on a lot for the sole purpose of
delivering to, servicing or constructing the premises on that lot.
3.11 Loading Standards
a) For every building or structure to be erected, altered, or its use converted to a
commercial use, loading spaces are required in accordance with the following:
i) not permitted within a front yard;
ii) not to be used for the purpose of offering commodities for sale or display;
iii) must provide for the temporary parking of one commercial vehicle;
City Centre Zoning By-law— Draft April 2016 16
Section 3.0 Draft-April 2016
iv) not less than 3.5 metres in width nor less than 9.0 metres in length, nor less
than 4.5 metres in clear and unobstructed height, exclusive of any land used
for access, maneuvering or a similar purpose;
v) not located upon or partly upon any street or lane;
vi) must have adequate access to permit ingress and egress for any
commercial vehicle from a street by means of aisles, maneuvering areas or
similar areas; and,
vii) no part of which access is to be used for the temporary parking or storage of
any motor vehicle. -
3.12 Waste Management
a) Waste shall be stored within a fully enclose building r ® ia�ly •in-ground
structure.
b) A building primarily used to store waste shall not. e located:
i) in a front or exterior side yard; 4 4°; �
ii) in any minimum setback abutting detached, semi-detached and ownhouse
dwellings; ,� xi : ,,, �'..
iii) within any landscaped area requ ® ® E is Bylaw:°
c) Notwithstanding Section 3.12 (a),ea d (b), aeage temporarily provided
for any construction, demolition•® site alter tion'wor Ais permitted anywhere
on a lot. �'
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City Centre Zoning By-law— Draft April 2016 17
Section 4.0 Draft—April 2016
4.0 Permitted Uses and Zone Regulations
4.1 Permitted Uses
a) The following Table establishes the uses permitted in the City Centre One (CC1),
City Centre Two (CC2), City Centre Residential One (CCR1), City Centre
Residential Two (CCR2), City Centre Civic (CCC), Open Space (OS) and Natural
Heritage System (NHS) Zones.
Table 3 — Permitted Uses
s
Use Zone
CC1 CC2 CCR1 CCR2 CCC OS NHS
Residential Uses
Accessory Dwelling Unit
Apartment Dwelling '=
Live Work Dwelling • (3) '•
Stacked Dwelling • (3) •
Townhouse Dwelling, Back- • (3) • o
to-Back, Block and Street
Non-Residential Uses
Art Gallery
Assembly, Convention �; •
Centre or Conference Hall s° = `
Commercial Fitness/
Recreational Centre
Community Centre •
Community Garden �, t •
Day Care Centre ' • (1) .
District Energy Facility • •
Dry Cleaning Distribution
.° • (1)
Centre
Food Storer • •
Financial Institution •
Home-Based Business • .
Hotel . •
Kiosk •
Library , { •
Long-Term Care Facility .
Museum •
Nightclub •
Office • (1)
Office, Medical •
Park •
Parking Structure • •
Personal Service Shop • (1)
Place of Amusement •
City Centre Zoning By-law— Draft April 2016 18
Section 4.0 Draft—April 2016
Use Zone ,
CC1 CC2 CCR1 CCR2 CCC OS NHS
Non-Residential Uses (continued)
Place of Worship •
Private Club •
Private Home Daycare • •
Restaurant •
Retail Store •
Retirement Home • •
School, Commercial • r .
School, Elementary, •(2)
Secondary
School, Post-Secondary .,. r ,e
School, Private °' . '• ._
Stormwater Managementef f •
...„..,„:„,
Facilities
Theatre . r
Veterinary Clinic r w• }M
f ro - ',
Notes: `�
1. use permitted only at grade ., L ,,
2. maximum one located within this zone
:in... ...410 two.
3. use permitted in areas not designs .ed as Active '' Grade F ®stages on Schedule 6 of this
By-law
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City Centre Zoning By-law— Draft April 2016 19
Section 4.0 Draft—April 2016
4.2 Zone Regulations
a) The following Table establishes the zone standards that apply to the zones
within the City Centre lands.
Development within the City Centre lands shall be subject to the following
requirements and restrictions:
Table 4—Zone Regulations
(a) Building Height (i) minimum — as shown on Schedule 3
(ii) maximum — as showe� �� onSSc ed.yy��.,+u+�u}yyle 4
(b) Floor Space Index (FSI) (i) minimum — as shown on Sche®u e 5
(ii) maximum — 5.750 x-
(c) Setback from Street Line (i) minimum — 1.0 metre , 1.# k w �.
14
(ii) maximum —4.0 metres V"
(iii) notwithstanding (ii), for residential buildings located
outside h`e•,equir Active Artige Frontages,
shown c n Schedul`- 6, the maximum setback from
.rs.trr
street m e is 6.0 metres i :.
(d) Building Stepbackz,
* `r rte`
Mid Rise Building ,minimum 3r0 met re stepback required between
i.0 10.5 metres;an"d 2=0.'0 metres in height along all
4,,,e/„.„
street frontages
,,-/,�. z
Tall Buildin (i) rninimum — 3.0 metre stepback required for point
,,,/,../4/,rf towers from the podium along all street frontages
, :;,,,,4
$(n) minimum - 3.0 metre stepback required between
the top 6.0 metres to 18.0 metres of a point tower
e BuinSe aration F minimum — 12 metres, except that the separation
O r{ p r.) may be reduced to 3.0 metres if there are no
.4.0,,,
' primary windows on the wall facing the abutting
0 //, /
building
�/, (ii) minimum — 20.0 metres for buildings 24.0 metres
//./ in height and greater, except that the separation
may be reduced to 11.0 metres if there are no
primary windows on the wall facing the other
building
(iii) minimum — 25.0 metres for any tower portion of a
building greater than 37.5 metres in height
(f) Continuous Length of (i) buildings shall occupy 60 to 90 percent of the
Buildings along Street Line street frontage of a lot
City Centre Zoning By-law— Draft April 2016 20
Section 4.0 Draft—April 2016
(g) Active At Grade Frontage (i) 70 percent of the first storey of a non-residential
building along any street line with required Active
At Grade Frontages, shown on Schedule 6, shall
be comprised of openings and transparent glazing
(ii) a primary entrance door open to the public shall be
incorporated into the front wall of a building facing
the street line
(h) Angular Plane adjacent to (i) building height shall be limited by 45-degree
r�s -.
Existing Detached, Semi- angular plane measured�fro�m the property line of
Detached and Townhouse adjacent to existing •etachede`mi
-detached and
Dwellings townhouse dwellings ,:.
(ii) notwithstanding (i°$abo e, lots with' depth of 40
metres or less, sha..o “llimited by a 45-degree 4`
angular plane measured�5..metres fromfithe
property line of adjacent exis ing detached, semi-
detached andoinhouse dwellings at a height of
10.5 metres•aboye. rade
e
(i) Podium Requirements (i) minimum height f a pod um— 10.5 metres
(ii) maximum height of a podium — 20.0 metres
iii inimum airs't floor her,ht—4.5 metres
(j) Tower Floor Plates (i); maximum towerifloor plate for residential buildings
• 750 squareriet es
•(k) Setbacks�for Belov fade (i) f. . nimum — 0.0 metres
Parking:Structures f � ,
(I) Balcony Requirements ) mini um depth — 1.5 metres
• i) not permitted less than 10.5 metres in height above
� r grade along any street line with required Active At
Grade Frontages, shown on Schedule 6
(m) Amenity pace (i) minimum 4.0 square metres for each dwelling unit
ment for. (a minimum of 2.0 square metres for each dwelling
uare „ �,A � ( q 9'
Residential Uses unit is required indoor amenity space and a
minimum of 40.0 square metres is required outdoor
amenity space)
City Centre Zoning By-law— Draft April 2016 • 21
Section 5.0 Draft—April 2016
5.0 Definitions
"Accessory" means a use, building or structure naturally or normally incidental to,
subordinate to or exclusively devoted to a principal use or building or structure and
located on the same lot.
"Active At Grade Frontage" means the ground floor of a building that is designed
with frequent doors and windows and contains uses that promote activity on the
street.
"Adult Entertainment Establishment" means any premises or part thereof in which
is provided, in pursuance of a trade, calling, business or occupation, live
entertainment or services appealing to or designed to appeal to erotic or sexual
appetites or inclinations, and includes a body rub parlour
"Aisle" means an internal vehicle route immediately°adjacent to a parking,or=loading
space which provides vehicular access to and from the parking or loading space, and
includes a driveway.
"Amenity Space" means the total passive or active recreational area provided on a
lot for the personal, shared or communal use of the residents of a building or
buildings, and includes balconies, patios, rooftop gardens and other similar features,
but does not include indoor laundry or locker facilities.
se
"Angular Plane" means an imaginary flat surface projecting over a lot, at an inclined
angle measured up from the horizontal. ;.
"Animal Boarding Establishment" means a building, structure or part thereof,
where dogs andYcats and other domesticated animals, excluding livestock, are bred,
raised, groomed, trained or kept for a fee on a temporary basis and may include
outdoor facilities.
"Arena" means a building or part thereof, in which the principal facilities provide for
recreational activities such as curling, skating, hockey, lacrosse, broomball or other
similar athletic activities, and which facilities may include dressing rooms, concession
booths for the provision of food and refreshments, bleachers, equipment for making
artificial ice and other such accessory facilities.
"Art Gallery means a premises used for the exhibition, collection and/or
preservation of.works of art for public viewing and sale and may include educational
classes.
"Assembly, Convention Centre or Conference Hall" means a building or part
thereof in which permanent or temporary seating is provided for civic, educational,
political, religious or social purposes and may include facilities for the consumption of
food or drink, but not for any commercial purpose.
City Centre Zoning By-law— Draft April 2016 22
Section 5.0 Draft—April 2016
"Balcony" means 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.
"Basement" means that portion of a building below the first storey.
"Bay Window" means a window with at least three panels set at different angles to
create a projection from the outer wall of a building, and includes a bow window.
"Block" means all land fronting on one side of a street between the nearest streets,
intersecting, meeting or crossing said street.
"Build-to-zone" means an area abutting a street line within which a portion of a
building on a lot shall be located.
"Building" means a structure occupying an area greater than 10 square metres and
consisting of any combination of walls, roof and floor but shall not include a mobile
home.
"Building, Main" means a building in which is carried on the principal purpose for
which the lot is used.
"Building, Mid Rise" means a building between six and twelve storeys in height.
"Building, Mixed Use" means a building containing residential uses and at least one
non-residential use permitted by this By law,
"Building, Tall" means a building greater than twelve storeys in height.
"Building Envelope" means the three-dimensional buildable area prescribed for a
building by the regulations of this By-law.
"Car Share Service" means a service that provides motor vehicles solely for the
shared use of members of that service, and does not include an automobile rental
establishment or automobile dealership.
" •fKi.
"Cartageror Transport Depot" means a building or structure and lot where transport
vehicles are kept for hire, rented or leased, or stored or parked for remuneration, or
from which transport vehicles are dispatched for hire as common carriers and may
include a warehouse, but shall not include any other use or activity otherwise defined
or classified in this By-law.
"Cemetery" means the lands used or intended to be used for the interment of
human remains.
"Commercial Use" means any permitted use the primary purpose of which is to sell,
lease or rent a product of service directly to the public, including but not limited to
retail sales, entertainment services and personal or professional services, but shall
exclude residential uses, an adult entertainment parlour and dating/escort service.
City Centre Zoning By-law— Draft April 2016 23
Section 5.0 Draft—April 2016
"Community Centre" means a multi-purpose facility that offers a variety of
programs or a recreational, cultural, day care, social, community service,
informational or instructional in nature.
•
"Commercial Fitness/Recreational Centre" means a commercial establishment
that has been designed for conduct of sport, athletic and leisure activities such as
squash courts, swimming pools, exercise classes and other similar indoor
recreational facilities are provided and operated for gain or profit, but does not
include an adult entertainment parlour, a casino or place of amusement as defined
herein. f
"Contractor's Yard" means a premises of any general contractor or builder where
equipment and/or materials are stored or where a contractor performs shop or
assembly work.
,Y.
"Coverage" means the proportion of the ground floor area of all the buildings and
structures on the lot to the lot area expressed as apercentage.
"Dating/Escort Service" means a service providing companionship for and by
individuals for profit or personal gain.
"Day Care Centre" means:
i) indoor and outdoor premises where more than five children are provided
with temporary care and/or:guidance for a continuous period but does not
provide overnight accommodation``and are licensed in accordance with the
applicable Provincial Act; or e4.
ii) indoor and outdoor premises in which care is offered or supplied on a
regular schedule to adults for a portion of a day but does not provide
overnight aaccommodation.
"Daylighting Triangle" means an area free of buildings, structures, fences and
hedges up to 0.9 metres ink height and which area is to be determined by measuring,
from the point of intersection of street lines on a corner lot, the distance required by
this By-law 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 daylighting triangle.
"Development Agreement" means an executed contract between a
developer/property owner and the City of Pickering that is required in order to
implement development and may include a subdivision agreement, site plan
agreement, or other similar agreements for development.
hat
"District Energy Facility" means a centrally and cold water) to tend
generates and distributes thermal energy (steam
users through an underground pipeline distribution system and generates electricity,
including electricity for supply to the grid.
24
City Centre Zoning By-law— Draft April 2016
Section 5.0 Draft—April 2016
"Drive-Through Facility" means a premises used to provide or dispense goods
and/or services through an attendant or a window or an automated machine, to
persons remaining in motor vehicles that are in a designated stacking lane, and may
be in combination with other land uses.
"Driveway" means a private way used to provide vehicular access from a roadway
to an off-street parking or loading space or aisle located on the same lot as the
principal use. On a lot containing a detached, semi-detached or townhouse dwelling,
the driveway may contain a parking space.
"Dry Cleaning Distribution Centre" means a premises used for the purpose of
receiving articles or goods of fabric to be laundered r dry-cleaned elsewhere and
does not include a dry cleaning establishment.
"Dry Cleaning Establishment" means a premises in which the business of laundry
or dry cleaning is housed and where the cleaning, drying, ironing, andfinishing of
such goods is conducted.
"Dwelling" includes: .
(a) "Accessory Dwelling Unit"means a separate dwelling unit subsidiary to
and located in the same building as an associated principal dwelling unit;
and its creation does not result in the creation of a semi-detached dwelling,
duplex dwelling, three-unit dwelling or converted'dwelling.
(b) "Apartment Dwelling" means a residential use building containing four or
more principal dwelling units, other than atownhouse dwelling or stacked
dwelling.
(c) "Back-to-Back Townhouse Dwelling" means a residential use building
`containing four or more attached principal dwelling units divided vertically
where each unit is divided by common walls, including a common rear wall
without a'rear yard setback, and whereby each unit has an independent
entrance to the unit from the outside accessed through the front yard or
exterior side yard.
(d) "Block Townhouse Dwelling" means a residential use building
` containing three or more attached principal dwelling units divided vertically,
and where all dwelling units are located on one lot and accessed from a
private street, Ianeway or common condominium aisle
(e) "Detached'Dwelling" means a residential use building that contains only
one principal dwelling unit.
(f) "Dwelling Unit" means a residential unit that:
i) consists of a self-contained set of rooms located in a building or
structure;
ii) is used or intended for use as a residential premises;
iii) contains kitchen and bathroom facilities that are intended for the use of
the unit only; and
iv) is not a mobile home or any vehicle.
25
City Centre Zoning By-law— Draft April 2016
Section 5.0 Draft—April 2016
(g) "Live Work Dwelling" means a townhouse dwelling or stacked dwelling,
where the ground floor only, or part thereof, may be used for commercial
purposes as permitted by this By-law, except that the basement may be
used for storage for the commercial use, and where the commercial and
residential components can be accessed by a common internal entrance.
(h) "Semi-Detached Dwelling" means a residential use building containing
two attached principal dwelling units that are divided vertically, with each
unit having lot frontage except where located within a planned unit
development.
(i) "Stacked Dwelling" means a residential use building of four or fewer
storeys in height containing four or more principai:dwelling units where the
units in each pair are divided horizontally,and the pairs are divided
vertically, and in which each dwelling unit has an independent entrance to
the interior.
(j) "Street Townhouse Dwelling" means a residential use building
containing three or more attached principal`dwelling units divided vertically.
"Existing" means existing as of the date of,the,enactment of the provision that
contains that word. =
"Farmer's Market" means a building, part of a building or open area where a majority
of the vendors shall be primary producers of agricultural products grown within the
Province of Ontario that are offered for sale'directly to,the general public, but may
also feature other vendors who offer prepared foodsand artisan crafts as well as
provide entertainment and community information, but:shall not include a Flea Market.
"Financial Institution" means a building or portions of a building used for the
purposes of administering or providing financial services to the public, other than
exclusively through an automated banking machine.
"Floor Area" means the total area`of,all floors of a building within the outside walls.
e F.
"Floor Space Index" means the total gross floor area of all buildings on a lot
divided by the total area of the lot on which the building is located, excluding any
portionof the building located below grade, such as parking structures.
"Food Store" means a premises that sells food and other non-food items, primarily
on a self-service basis.
"Front Wall" means the main exterior wall of a residential use building that is not a
permitted projection, which is located closest to the front lot line from which the
building has its primary entrance door.
"Frontage" means that part of a lot that abuts a street measured along the street
line.
26
City Centre Zoning By-law— Draft April 2016
Section 5.0 Draft—April 2016
"Funeral Home" means a building, or part of a building, used for furnishing funeral
supplies and services to the public and includes facilities intended for the preparation
of human body for interment or cremation and may include chapels, visitation rooms,
and administrative offices.
"Grade" or "Established Grade" means the average elevation of the finished level
of the ground adjoining all exterior walls of a building.
"Gross Floor Area" means the total area of each floor whether located above, at or
below grade, measured between the exterior faces of the exterior walls of the building
at each floor level but excluding any porch, veranda, cellar, mechanical room or
penthouse, or areas dedicated to parking within the building. For the purposes of this
definition, the walls of an inner court shall be deemed to be exterior walls.
"Gross Leasable Floor Area" means the total floor area designed for tenant
occupancy and exclusive use, excluding basements, mezzanines and any storage
areas if any; expressed in square metres and measured from the centre line of joint
partitions and from outside wall faces. w
"Ground Floor" means the floor of a building at or first above grade.
"Ground Floor Area" means the gross floor area only on the ground floor.
"Height" means the vertical distance between the established grade, 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 deckline, or in the case of a gabled, hip or gambrel roof, the mean
height level between eaves and ridge. When the regulation establishes height in
storeys, means the number of storeys. The height requirements of this By-law shall
not apply to roof top mechanical penthouses.
"Home-Based Business" means the accessory use of a dwelling unit for an
occupation or business,,where the dwelling unit is the principal residence of the
business operator.
"Hotel" means a building, or group of buildings, each containing sleeping
accommodation, catering primarily to the traveling public, for rent or hire for
temporary lodging. Hotel may also include restaurant, public hall and ancillary retail
uses.which are incidental and subordinate to the primary hotel function and oriented
to serve the hotel patrons.-
"Kiosk" means a building or structure with a maximum floor area of 12 square metres
that provides complementary uses in a public or private operated open space zone.
"Landscaped Area" means an area used for trees, plants, decorative stonework,
retaining walls, walkways, or other landscape or architectural elements. Aisles and
areas for loading, parking or storing of vehicles are not landscaping.
"Lane" means a thoroughfare not intended for general traffic circulation that provides
means of vehicular access to the rear of a lot where the lot also fronts or flanks onto
a street, or where a lot fronts onto public or private open space. The lane may be
maintained by a condominium corporation as a private road condominium or by a
government authority.
27
City Centre Zoning By-law— Draft April 2016
Section 5.0 Draft—April 2016
"Library" means a building or portion of a building containing an organized collection
of information resources that are publicly accessible and provided by the City of
Pickering.
"Loading Space" means an unobstructed area of land which is provided and
maintained upon the same lot or lots upon which the principal use is located and
which area is provided for the temporary parking of one commercial motor vehicle
while merchandise or materials are being loaded or unloaded from such vehicles.
"Long-Term Care Facility" means a premises licensed pursuant to Provincial
legislation consisting of assisted living units where a broad range of person care,
support and health services are provided for the elderly, disabled or chronically ill
occupants in a supervised setting, and may include one or-more amenity areas such
as a common dining, lounge, kitchen, and recreational area
"Lot" means a parcel of land fronting on a street, whether or not occupied by a building
or structure.
"Lot Area" means the total horizontal area of a lot, less the horizontal area of any
part of the lot which does not lie within a zone in which the proposed use is permitted.
"Lot Coverage" means the total horizontal area of the part of the lot area covered by
all buildings above ground level.
"Lot, Corner" means a lot situated at the intersection of two or more streets or upon
two parts of the same street having an angle of intersection not exceeding 135 degrees.
"Lot Depth" means the horizontal distance`between the front and rear lot lines. If the
front and rear lot lines are not parallel, the lot depth shall be measured by a straight
line joining the mid-point of the front lot line with the mid-point of the rear lot line.
Where there is no rear lot line, the lot depth shall be measured by a straight line
joining the mid-point of the front lot line with the apex of the triangle formed by the
side lot lines.
"Lot Frontage" means the horizontal distance between the side lot lines of a lot
measured at along a line parallel to and 6.0 metres distant from the front lot line.
"Lot Line" means a line delineating any boundary of a lot.
"Lot Line, Exterior Side" means the side lot line, which separated a lot from the
street adjacent to it
"Lot Line, Front" means the lot line, which separates a lot from the street in front of
it. Where more than one lot line separates a lot from the street, the front lot line shall
be the shorter lot line. Where a lot is a through lot, the lot line abutting the wider
street right-of-way shall be the front lot line.
"Lot Line, Interior Side" means a side lot line, which is not adjacent to a street.
City Centre Zoning By-law— Draft April 2016 28
Section 5.0 Draft—April 2016
"Lot Line, Rear" means the lot line opposite to, and most distant from, the front lot
line, but where the side lot lines intersect, as in the case of a triangular lot, the rear lot
line shall be represented by the point of intersection.
"Lot Line, Side" means all lot lines, which join both a front lot line and a rear lot line.
"Lot, Residential" means a lot situated in a residential zone and having a lot
frontage and lot area in accordance with the requirements of the zone in which the
same is situated.
"Lot, Through" means a lot bounded on opposite sides by a street.
"Main Wall" means a primary exterior front, rear or side wall of a building, not
including permitted projections.
"Mixed Use Building" means a form of development in which a building contains
both residential and non-residential uses.
"Mobile Home" means a prefabricated building that is designed to be made mobile
and is intended to provide permanent residence but does not include any trailer
otherwise defined in this By-law.
"Motor Vehicle" means an automobile, motorcycle, recreational vehicle, trailer, and
any other vehicle propelled, towed or driven otherwise than by muscular power.
"Museum" means premises used for the exhibition,,collection and/or preservation of
objects of cultural, historical or scientific interest for public viewing.
"Nightclub" means a place`where food or drink may be served, and where the
primary function is the provision of theatrical performances, pre-recorded music, or
live musical entertainment, whether such music is provided for listening or dancing by
the patrons, or any combination of the above functions, but does not include a
restaurant or an adult entertainment establishment.
"Office" means a building or part thereof, where administrative and clerical functions
are carried out in the management of a business, profession, organization or public
administration but shall not include a medical office.
"Office, Medical" means premises designed and used for the diagnosis,
examination, and medical, surgical or physiotherapeutic treatment of human patients,
and which may include pharmacies and dispensaries, waiting rooms, treatment
rooms and blood testing clinics, but shall not include overnight accommodation for in-
patient care.
"Outdoor Storage" means the occasional or continuous keeping of goods,
inventory, materials or machinery or equipment outside, but does not include
damaged, impounded or inoperable vehicles.
"Park" means a premises used for conservation, horticulture, or municipally
operated public recreation.
29
City Centre Zoning By-law— Draft April 2016
Section 5.0 Draft—April 2016
"Parking Area" means one or more parking spaces, including related aisles, for the
parking or storage of vehicles.
"Parking Garage" means a building, or part thereof, used for the parking of vehicles
and may include any permitted use in the first storey, but shall not include any area
where vehicles for sale or repair are kept or stored. A parking garage includes
underground parking and a parking structure.
"Parking Lot" means a lot or portion thereof provided for the parking of motor
vehicles accessory or incidental to the main use.
"Parking Space" means an unobstructed area of land that is accessible by an aisle,
having access to a street or lane that is reserved for the purpose of the temporary
parking or storage of one motor vehicle.
"Parking Space, Bicycle" means an area used exclusively for parking or storing a
bicycle.
"Parking Structure" means a building or portion thereof, containing one or more
parking spaces offered to the public. ,,
"Patio" means an outdoor amenity area whereAeating accommodation can be
provided and/or where meals or refreshments,are served to the public for
consumption.
"Personal Service Shop" means premises used to provide personal grooming
services or for the cleaning or care of apparel „,
"Place of Amusement” means premises which are devoted to the offering of
facilities for:the playing of any game for the amusement of the public such as a
cinema or other theatre, billiard'or pool rooms, bowling alleys, electronic games,
indoorr playground, miniature golf courses or roller skating rinks.
"Place of Worship" means a facility the primary use of which is the practice of
religion, but which may include accessory uses subordinate and incidental to the
primary use such as classrooms for religious instruction, programs for community
social benefit, assembly areas, kitchens, offices and a residence for the faith group
leader. Other than a day care centre which shall be permitted, a place of worship
shall not include a private school or residential or commercial uses.
"Podium" means the base of a building, structure or part thereof located at or above
established grade that projects from the tower portion of the building.
"Point Tower" means a compact and slender building form.
"Porch" means a roofed deck or portico structure attached to the exterior wall of a
building. A basement may be located under the porch.
"Premises" means the whole or part of lands, buildings or structures, or any
combination of these.
City Centre Zoning By-law— Draft April 2016 30
Section 5.0 Draft—April 2016
"Primary Entrance Door" means the principal entrance by which the public enters
or exits a building or individual retail/commercial unit or the resident enters or exits a
dwelling unit.
"Primary Window" means all windows except bathroom, hallway, closet or kitchen
windows.
"Private Club" means a meeting place by members of an association, club, cultural
group or community group to conduct the activities of the association, and for social
activities, cultural events, performances, or exhibitions.
"Private Home Daycare" means premises used for the temporary care of five
children or less where such care is provided in a dwelling unit, other than the dwelling
unit of a parent or guardian of any such child, for a continuous period not exceeding
twenty-four hours.
"Public Bath/Whirlpool" means indoor or outdoor premises where people may
bathe, swim or lounge within pools or tanks of water. � ax
"Restaurant" means a building or part of a buildingwhere the principal business is
.r
the preparation of food and drinks for retail sale to the public for immediate
consumption on or off the premises, or both on and off the premises but shall not
include a night club. d
C1;
"Retail Store" means premises in which goods and merchandise are offered or kept
for retail sale or rental to the public.
"Retirement Home" means a building or part of a building providing
accommodation primarily forr retired persons where each private bedroom or living
unit does,not include a stove top and oven, does have a separate entrance from a
common`hall, and'where common facilities and services may be provided for the
residents including personal services, the preparation and consumption of food,
nursing services, common lounges, recreation rooms and ancillary support offices.
"School, Commercial" means a building, or part thereof, where instruction of a skill
is provided for profit and may include instruction in a trade, business, art, music,
dance, cooking, athletic skill or any other specialized instruction but does not include
a commercial fitness/recreation centre a college or university.
"School, Elementary" or "School, Post-Secondary" means a place of instruction
maintained and operated under the jurisdiction of a governmental authority.
"School, Private" means a place of instruction (excepting a commercial school or
private career college) offering courses equivalent to those customarily offered in an
elementary school or secondary school.
"Self-Storage Facility" means a building consisting of individual self-contained units
that are leased or owned for the storage of personal property and/or household
goods.
City Centre Zoning By-law— Draft April 2016 31
Section 5.0 Draft—April 2016
"Setback" means the distance between a building and a lot line. In calculating the
setback the horizontal distance from the respective lot line shall be used.
"Shelter" means a building or structure used solely for the purposes of providing
temporary shelter and shall not be used for human habitation.
"Shopping Centre" means one or more buildings forming a complex of shops
representing merchandisers, with interior interconnecting walkways enabling visitors
to walk from unit to unit, along with an associated parking area.
"Stepback" means the setting back of the upper storeys of a base building or of a
tower from the face of a base building fronting a public or private street.
"Stacking Lane" means an aisle, other than a parking aisle or a parking space
which provides standing room for vehicles in a queue, and without limiting the
generality of the foregoing this may include a queue for a drive-through facility
associated with a restaurant, bank or carwash.
"Storey" means that 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.
"Storey, First" means the storey with its floor closest to grade and having its ceiling
more than 1.8 metres above grade. '
"Street" means a public highway but does not include a lane. Where a 0.3 metre
reserve abuts a street, or where a daylighting triangle abuts a street, for the purposes
of determining setbacks'the street shall bedeemed to include the 0.3 metre reserve
and/or the'daylighting trian'gle,`however, nothing herein shall be interpreted as
granting a public right;of access over the 0.3 metre reserve or as an assumption of
the 0.3 metre reserve as a public highway for maintenance purposes under the
Municipal Act. r
"Street Line" means the dividing line between a lot and a street or private street.
"Street, Private" means
a) .a right-of-way or roadway that is used by vehicles and is maintained by a
condominium corporation;
b) a private road condominium, which provides access to individual freehold
lots;
c) a roadway maintained by a corporation to provide vehicular and pedestrian
access to parking lots and individual retail/commercial units;.
d) a private right-of-way over private property, that affords access to lots
abutting a private road; but is not maintained by a public body and is not a
lane.
City Centre Zoning By-law— Draft April 2016 32
Section 5.0 Draft—April 2016
"Structure" means anything that is erected, built or constructed of parts joined
together with a fixed location on the ground, or attached to something having a fixed
location in or on the ground and shall include buildings, walls or any sign, but does
not include fences below six feet in height or inground swimming pools.
"Tandem Parking Space" means two or more parking spaces abutting each other
end to end with only one having access to an aisle.
"Taxi Service" means the operation of a service providing taxicab motor vehicles
with drivers used for hire for the conveyance of goods and passengers.
"Temporary Sales Office" means a building, structure, facility or trailer on the lot
used for the purpose of the sale of dwelling units to be erected on the lot.
"Theatre" means a premises used for the rehearsal or performance,of the
performing arts, such as music, dance or theatre.
"Tower" means the storeys within that portion of a building or structure or part
thereof located above the podium. `
"Tower Floor Plate" means the floor area of all storeys within that portion of a
building or structure or part thereof located above the podium, measured to the
exterior faces of exterior walls of each storey of a building or structure.
"Uncovered Platform" means an attached or freestanding structure not covered by a
roof.
fi
"Vehicle Dealership" means an establishment engaged in the sale, lease and
display of motor vehicles.
"Vehicle'Repair Facilities" means an establishment engaged in repairing of motor
vehicles, service station, repair garage, car washing establishment or gas bar.
"Veterinary Clinic" means 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.
"Warehousing" or "Logistics" means the indoor housing or storage of goods,
wares, merchandise, food-stuffs, substances, articles, or things before wholesale
distribution to a retailer.
"Waste Transfer Station" means a facility within an enclosed building whose
primary purpose is the collection and storage of waste or hazardous waste for
shipment, and which may include limited sorting or preparation of that waste to
facilitate its shipment for final disposal or to a waste processing station, but does not
include salvage yards or scrap metal yards.
"Wholesaling" means 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.
City Centre Zoning By-law— Draft April 2016 33
Section 5.0 Draft—April 2016
"Yard" means any open, uncovered, unoccupied space appurtenant to a building.
"Yard, Exterior Side" means a side yard adjacent to a street.
"Yard, Front" means a yard extending across the full width of the lot between the
front lot line and the nearest wall of any main building on the lot for which the yard is
required.
"Yard, Interior Side" means a side yard not adjacent to a street.
"Yard, Rear" means a yard extending across the full widtftof the of between the rear
lot line and the nearest wall of any main building ord. tr=ucture'on t�e lot for which the
yard is required. , 7 f
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"Yard, Side" means a yard extending from the front yar=d.to the earard between
the side lot line and the nearest wall of any building orxstructure on t heflot for which
the yard is required. .7/ � ~4'
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City Centre Zoning By-law— Draft April 2016
Section 6.0
Draft—April 2016
6.0 Exceptions
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City Centre Zoning By-law— Draft April 2016
35
Section 7.0 Draft—April 2016
7.0 Holding Provisions
Notwithstanding any other provisions of this By-law, where a zone symbol is
preceded by an open bracket and the letter "H" and a closed bracket, no person
shall use any lot or alter or use any building or structure for any purpose except for
existing lawful uses, located on the land or in existing buildings or structures,
provided such use continue in the same manner and for the same purpose for
which they were used on the day this by-law was passed.
Council may pass a by-law to remove the (H) Holding Symbol, thereby placing the
lands in the zone indicated by the zone symbol, when all of the applicable
requirements have been met.
7.1 Holding Provision (H1)
Lands that are subject to this Holding provision are denoted by the symbol H1 on
subject g p Y Y ( )
Schedule 8 to this By-law.
The (H) Holding Symbol shall be removed when
1. appropriate arrangements and/or site plan agreements and/or development
agreements have been made between the Owner;of the lands and the City of
Pickering, to the satisfaction of,the City of Pickering that all the requirements for
the development have been complied with including.but not limited to
environmental and engineering requirements, buildings and site design, parks,
and transportation infrastructure; and
2. appropriate arrangements and/or agreements,have been made between the
Owner of the lands'and the Region of Durham prepared to the satisfaction of the
Region of'Durham, forAthe,:provision of sanitary, water and regional
transportation and engineering requirements, including all financial matters; and
,3. all required transportation, environmental and engineering studies have been
completed to the satisfaction of.tfe City, the Region of Durham and the Toronto
and Region Conservation Authority; and
°°°„ 4. a block development plan has been prepared to the satisfaction of the City
which may provide details regarding such matters as street and block pattern;
:land use mix andddistribution; built form and architecture; massing and heights
of<buildings; pedestrian connections; parking strategy; parks, landscaping and
open space`connections; preservation of natural features; view corridors; and
phasing'of the proposed development; and
5. appropriate road infrastructure is in place or will be provided in conjunction with
the development, and in accordance with approved plans and studies; and
6. appropriate arrangements, financial and otherwise, have been made with
respect to the provision of appropriate infrastructure in accordance with
approved plan and studies.
City Centre Zoning By-law— Draft April 2016 36
Section 7.0 Draft—April 2016
7.2 Holding Provision (H2)
Lands that are subject to this Holding provision are denoted by the symbol (H2) on
Schedule 8 to this By-law.
The (H) Holding Symbol shall be removed when:
1. appropriate arrangements have been made to the satisfaction of the City of
Pickering and the Region of Durham that sufficient transportation services will
be available and implemented in a phased manner to accommodate new
development in the City Centre south of Highway 401; and
2. appropriate arrangements have been made to the satisfaction of the Toronto
and Region Conservation Authority for the implementation of the environmental
and engineering requirements contained in`the Floodplain Rationalization Study
for Krosno Creek; and
3. a conceptual design of Krosno Creek Park, implementing the recommendations
of the Floodplain Rationalization Study mentioned above, and including the
provision of an active public space and trail systems, has.been submitted to the
satisfaction of the City of Pickering nd Toronto and Region Conservation
Authority.
7.3 Holding Provision (H3)
Lands that are subject to this Holding provision are denoted by the symbol (H3) on
Schedule 8 to this By-law.
The (H) Holding Symbol shall be removed when
1. appropriate arrangements:have been made to the satisfaction of the City and
Toronto aad,Region Conservation Authority that implement the recommendations
of the Krosno"°Creek.Flood Plain Rationalization Study and mitigation measures
have determined that-the lots are no longer within the regulatory floodplain.
7.4 p Holding Provision (H4)
Lands that are subject to this Holding provision are denoted by the symbol (H4) on
Schedule 8 to this By-law.
The (H) Holding,Symbol shall be removed when
1. a Development Agreement has been entered into, which provides for the
development of a public school; or,
2. the Durham District School Board determines that a public school is not to be
developed on this site.
City Centre Zoning By-law— Draft April 2016 37
Section 7.0 Draft—April 2016
7.5 Holding Provision (H5)
Lands that are subject to this Holding provision are denoted by the symbol (H5) on
Schedule 8 to this By-law.
The (H) Holding Symbol shall be removed when:
1. a Heritage Impact Assessment on the development impact on the "Liverpool
House" is prepared and the recommendations are implemented through a
development agreement to the satisfaction of the City of Pickering.
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City Centre Zoning By-law— Draft April 2016 38
Section 8.0 Draft—April 2016
8.0 Schedules '17
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City Centre Zoning By-law— Draft April 2016 39
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SCHEDULE 1
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SCHEDULE 2
01 LEGEND - Land Use Categories
0 CC1 - City Centre One
CC2 - City Centre Two
CCR1 - City Centre Residential One
CCR2 - City Centre Residential Two
CCC - City Centre Civic
OS - Open Space
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SCHEDULE 3
0 et spit
LEGEND - Minimum Building Height
.;.;.ig 10.5 metres (3 Functional Floors)•
. 4 19.5 metres
I 55.0 metres
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SCHEDULE 4
LEGEND - Maximum Building Height
16.5 metres
37.5 metres
73.5 metres
110 metres
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SCHEDULE 5
,,,., LEGEND - Minimum FSI
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SCHEDULE 6
1, K
LEGEND - Active At Grade Frontages
4 Required Active At Grade Frontages
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PICKERING CITY CENTRE ZONING BY-LAW
SCHEDULE 8
LEGEND - Holding Provisions
H1
j
H1 + H2
H1 + H2 + H3
H1 + H2 + H4 .
H1 + H5