HomeMy WebLinkAboutInformation Report 05-23Information Report to
Planning & Development Committee
Report Number: 05-23
Date: May 1, 2023
From: Catherine Rose
Chief Planner
Subject: City Initiated Official Plan Amendment 49
Changes to additional dwelling unit policies and regulations in response to
Bill 108, the More Homes, More Choice Act, 2019: Ontario’s Housing Supply
Action Plan, and
Bill 23, More Homes Built Faster Act, 2022
Files: OPA 23-002/P and A 04/23
1. Purpose of this Report
The purpose of this report is to provide preliminary information regarding City initiated
applications for proposed changes to Official Plan policy and Zoning By-law regulations for
additional dwelling units. This report contains general information on the applicable Official
Plan and other related policies and identifies matters raised to date.
This report is intended to assist members of the public and other interested stakeholders to
understand the proposal. The Planning & Development Committee will hear public
delegations on the applications, ask questions of clarification and identify any planning
issues. This report is for information and no decision is being 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. Background
2.1 Provincial Legislation
In 2019, the Province introduced More Homes, More Choice: Ontario’s Housing Supply
Action Plan through Bill 108, which included changes to the Planning Act to further support
the construction of additional dwelling units (ADUs). Some of the changes introduced
included:
• allowing municipalities to permit one ADU in detached, semi-detached, and row houses,
and one ADU within an accessory buildings, effectively allowing up to three residential
units on a single lot;
• prohibiting municipalities from applying a development charge for ADUs (subject to
restrictions);
• prohibiting municipalities from setting a minimum floor area for ADUs; and
• prohibiting municipalities from requiring more than one additional parking space for
each ADU.
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In October 2022, the Province introduced Bill 23, the More Homes Built Faster Act, which
extended the permissions provided by Bill 108. Where Bill 108 allowed municipalities to
permit up to two ADUs on a lot, Bill 23 now requires municipalities to permit up to two
ADUs on a lot. In addition, those two ADUs may now both be located within a detached,
semi-detached, and row house.
2.2 Provincial Policy Statement
The priorities of the Provincial Policy Statement (PPS) include efficient land use patterns
that support sustainability, and accommodate appropriate forms of affordable housing.
Municipalities are to permit a broad range of housing options, including ADUs. Constructing
ADUs within existing neighbourhoods (also known as gentle density) provides cost-effective
development that maximizes existing municipal servicing. While new residential
development is largely directed to settlement areas, the PPS also encourages the
redevelopment of existing housing stock in the rural area.
2.3 A Place to Grow: Growth Plan for the Greater Golden Horseshoe
The policies of the A Place to Grow plan promote a range and mix of housing options,
including ADUs, and affordable housing, to serve all household incomes and ages. While
the A Place to Grow plan’s primary goal is to direct residential development to settlement
areas, it recognizes the benefit of limited rural development so long as it is compatible with
the rural landscape, is supported by existing services, and will not adversely affect
agricultural and aggregate operations.
2.4 Greenbelt Plan
Within the Greenbelt Plan, outside of Villages and Hamlets, ADUs are permitted in
detached dwellings, or existing accessory buildings, on the same lot, so long as they are
not within the Greenbelt Natural Heritage System (NHS).
Within Villages or Hamlets, ADUs are not permitted in the NHS. Otherwise, subject to
servicing capacity, there is the potential for two ADUs on a lot. These permissions apply to
the Hamlets of Greenwood, Balsam, and portions of Claremont that are within the
Greenbelt Plan Area. The portions of Claremont within the Oak Ridges Moraine (ORM) are
subject to more restrictive policies.
2.5 Oak Ridges Moraine Conservation Plan
Within the Oak Ridges Moraine Conservation Plan, (ORMCP), the definition of “single
dwelling” contains policy direction on where ADUs can be permitted within the ORM. For
lands within the ORM, only one ADU is permitted on a lot, and it must be within a detached
dwelling and only within the Countryside Area (which includes Rural Settlement Areas).
This means that ADUs are not permitted in Natural Core or Natural Linkage areas, nor are
they permitted in accessory buildings anywhere within the ORM.
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2.6 Minister’s Zoning Orders
There are two Minister’s Zoning Orders that regulate land use in the north part of Pickering.
Lots within these areas will not be permitted to have ADUs unless first being granted an
amendment to the Zoning Order from the Ministry of Municipal Affairs and Housing.
3. Additional Dwelling Units (ADUs)
3.1 What is an ADU?
An ADU is a self-contained unit in a house, or building accessory to a principal dwelling,
that consists of one or more rooms that are designed, occupied or intended for residential
use, including occupancy, by one or more persons, as an independent and separate
residence in which cooking facilities, sleeping facilities and sanitary facilities are provided
for the exclusive use of such person or persons.
ADUs may either be located within a house, or within an accessory building. They are often
referred to as basement apartments, coach houses, garden suites, granny flats, in-law
apartments, or nanny suites.
ADUs provide an alternative housing option for extended families, elderly parents, or live-in
caregivers. They help create mixed-income communities and gently densify existing
neighbourhoods, by making efficient use of existing municipal services.
3.2 What is NOT an ADU?
ADUs are not rooming or boarding houses, which are homes containing individual rooms
for rent that provide communal facilities, such as washrooms and cooking facilities.
Historically, duplexes and triplexes resulted in a built form that is often identical to what is
now permitted for ADUs (two and three dwelling units on the same lot).
3.3 Experience of ADUs in Pickering
ADUs, in the form of in-house apartments, have been permitted in Pickering for many
years. Pickering first passed a two-unit registration by-law in 2004. Since that time, over
850 ADUs have been constructed and registered in Pickering. Over the last five years,
almost 50 new ADUs have registered on an annual basis. It is assumed that a number of
unregistered ADUs also exist within Pickering.
4. New regulations for ADUs
4.1 Authority for ADU Regulation
Over and above the requirements for ADUs provided in the Planning Act, municipalities
have the authority to regulate various aspects of ADUs to help them fit into the context of
their communities.
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The following table lists a variety of regulations that can apply to ADUs, and identifies which
approval authority is responsible for each regulation.
Table 1: Authority for ADU Regulations
Province of Ontario City of Pickering
Number of ADUs on a lot Yes No
Minimum floor area Yes No
Maximum floor area No Yes
Minimum parking spaces No Yes
Maximum parking spaces Yes No
Height No Yes
Setbacks No Yes
Landscaped Open Space in Front Yard No Yes
Access width to ADU No Yes
Other (if applicable) No Yes
4.2 Pickering Official Plan Policies
The Official Plan contains only general policies that promote ADUs (secondary suites) as
one part of an overall affordable housing strategy.
The policies in the Official Plan will need to be revised to more explicitly permit ADUs, as
directed by Provincial legislation. This includes creating a new policy section for ADUs in
the Housing Chapter, clarifying where ADUs are permitted, and amending the definition. A
copy of the proposed official plan amendment is provided in Appendix I to this Report.
4.3 Zoning Regulations
The zoning regulations for ADUs in the City’s six current zoning by-laws do not conform
with changes to the Planning Act, and therefore, need to be updated. The number and type
of changes that need to be made are beyond the scope of the consolidated zoning by-law
project. However, all changes approved through this amendment will be incorporated into
the final draft of the consolidated zoning by-law. A copy of the proposed zoning by-law
amendments are provided in Appendices II to VII.
4.3.1 Proposed Requirements for ADUs in Accessory Buildings – Maximum size
The proposed zoning regulations for accessory buildings that contain an ADU are meant to
facilitate an appropriate sized ADU, while also ensuring that these buildings respect the
character of the neighbourhoods where they will be built.
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The size, (net floor area), of accessory buildings with an ADU is proposed to be regulated
using the lesser of the following three criteria:
• the existing lot coverage;
• 50% of the net floor area of the house on the lot; and
• a maximum net floor area of 150 square metres (1,614 square feet).
Whichever limit is reached first will determine the maximum net floor area of the ADU.
Table 2: Maximum ADU Size Example
Existing Conditions
Lot area 464 square metres 5,000 square feet
Lot coverage maximum 33% (153 square metres) 33% (1,646 square feet)
Net floor area of the house
• Bungalow = 100 square
metres
• Finished basement = 85
square metres
185 square metres 2,000 square feet
Lot coverage of bungalow 21.5% (100 square metres) 21.5% (1,076 square feet)
ADU Size Limits
Remaining lot coverage for
ADU in an accessory
building
53 square metres (11.5%) 570 square feet
50% of the net floor area of
the house
92.5 square metres 995 square feet
Maximum net floor area 150 square metres 1,614 square feet
On most urban lots, it is expected that the existing lot coverage will limit the size of ADUs in
accessory buildings. On larger lots, it is expected that the size of the existing house will
determine the maximum size of ADUs in accessory buildings. On estate and rural lots with
very large houses, the maximum net floor area requirement will limit the size of ADUs in
accessory buildings.
4.3.2 Proposed requirements for ADUs in Accessory Buildings – Maximum height
If renovations are made to the principal dwelling or attached garage to construct an ADU,
the height limits for the principal dwelling apply. If an ADU is constructed in an accessory
building, either on its own, or in combination with another use, such as a coach house
overtop of a garage, then the height limits for an ADU will apply.
In the case of ADUs within accessory buildings, the proposed height and setback
requirements are shown in Table 3.
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Table 3: Maximum Height of an ADU in an Accessory Building
Lots with area of
2,000 sq.m. or less
Lots with area
greater than 2,000 sq.m.
Height max. (metres) 4.5 Up to 4.5 Greater than
4.5 up to 6.5
Front Yard Setback min.
(metres) Zone requirement Zone requirement Zone requirement
Exterior Side Yard
Setback min. (metres) Zone requirement Zone requirement Zone requirement
Interior Side Yard
Setback min. (metres) 1.2 1.2 2.4
Rear Yard Setback min.
(metres) 1.2 1.2 2.4
Based on the proposed requirements listed in Table 3, the maximum height of a detached
ADU would be determined by the size of the lot. Larger lots (greater than 2,000 square
metres in area) would be permitted to have ADUs to a maximum height of 6.5 metres. All
other lots would only be permitted to have ADUs with a maximum height of 4.5 metres. This
may restrict the construction of ADUs above detached garages on lots of 2,000 square
metres or less.
These height limitations are intended to keep ADUs in character with their neighbourhood
context. Larger properties have greater room to locate taller accessory buildings than
properties provided in compact urban neighbourhoods.
It is also proposed that the height of the ADU correspond with the setbacks from the rear
and interior side lot lines. ADUs within taller accessory buildings would be required to
locate further from the property line. These setbacks are also intended to provide
appropriate room within the lot for maintenance of the ADU and any property fence, while
also providing room for effective stormwater drainage.
Ontario Building Code requirements will determine the of amount of window space that may
be permitted along any wall that faces a neighbouring lot.
4.3.3 Proposed Requirements for ADUs in Accessory Buildings – Setbacks from lot lines
In addition to the setbacks to rear and interior side lot lines referenced above, it is also
proposed that ADUs be subject to the front and exterior side yard setbacks that apply to the
principal dwelling. In rare cases, where the principal dwelling is located far back on the lot
and away from the street, it is possible that an ADU could be located between the principal
dwelling and the street without the need of a minor variance.
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4.3.4 Proposed Requirements for all ADUs – Access to the public street
Whether an ADU is constructed within the principal dwelling, or within an accessory building
on the lot, one of the primary concerns is to ensure that there is safe access to and from
the unit for emergency personnel. The proposed zoning amendment includes a requirement
that the access to all ADUs include a 1.2 metre unobstructed path of travel to the public
street. This ensures that emergency personnel are not blocked from providing aid and
assistance to the residents of the ADU (i.e., bringing out an ill resident on a stretcher).
4.3.5 Proposed Requirements for all ADUs – Parking
The Planning Act prohibits municipalities from requiring more than one parking space for
each ADU. However, municipalities may also choose to reduce parking requirements
where it is found to be appropriate. The current ADU regulations in Pickering require an
ADU to provide one parking space. The draft zoning regulations propose to maintain the
current parking requirement of one parking space for each ADU for the majority of the City.
However, providing one parking space for each ADU may not always be necessary in
areas that are served by higher-order transit. In general, reducing parking requirements
supports public transit initiatives; sustainable and multi-modal travel choices; pedestrian
oriented spaces; and compact urban form appropriate to optimize land and municipal
infrastructure. Therefore, the draft zoning regulations propose to reduce the parking
requirements for ADUs in the following circumstances:
Table 4: Proposed Parking Exemptions for ADUs
First Additional
Dwelling Unit
Second Additional
Dwelling Unit
Lot within the City Centre 0 parking spaces 0 parking spaces
Lot within a 500 metres
walking distance of Kingston
Road or within 500 metres
walking distance of the
Pickering GO Station
1 parking space 0 parking spaces
Parking for the existing house and the ADUs must be provided within the private property.
This may include within the garage (if the garage is sized appropriately to qualify as a
parking space) and on the driveway. Parking spaces for different dwelling units may be
provided in tandem on the property. It will be up to the owner and tenants on the property to
coordinate their access into and out of the driveway with one another.
4.3.6 Proposed Requirements for all ADUs – Landscape area / maximum driveway width
The ability to provide off-street parking is expected to be a constraint in some
neighbourhoods, where smaller lots cannot accommodate additional cars on the lot. One
response to that property owners may take is to widen their driveways to make room for
more cars. In some instances, driveway widenings may be appropriate. However, it is not
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the intent of these provisions that the yards between the house and the street be fully
converted into parking areas. As a result, the proposed zoning regulations include a
provision that a minimum of 30% of the front yard (and exterior side yard in the case of
corner lots) must be maintained as landscaped area, and not be used for parking. This will
help to preserve the residential-look of the lot from the street, prevent the creation of
excessive stormwater drainage from the lot onto the street, and allow for landscaping and
tree planting.
This requirement will only apply to applications for new ADUs. It will not be retroactive to
lots containing existing, registered ADUs.
4.3.7 Proposed Requirements for all ADUs – Home-based businesses
Currently, home-based businesses are prohibited in either dwelling unit of a dwelling
containing an accessory dwelling unit. It is proposed that this restriction be lifted.
4.3.8 Requirements for all ADUs – Ontario Building Code compliance and registration
All ADUs, regardless if they are in the principal dwelling or in an accessory building, must
comply with the Ontario Building Code and Ontario Fire Code. In addition, all ADUs will still
be required to be registered with the City to help ensure conformity to zoning and other
regulations.
4.4 Infill and Replacement Housing in Established Neighbourhoods
In October 2021, Council passed Official Plan and zoning amendments to implement the
recommendations of the Infill and Replacement Housing in Established Neighbourhoods
study (Infill Study). This study gave direction on how to facilitate a sensitive transition
between existing houses and new construction occurring in identified established
neighbourhood precincts of the City. These amendments were subsequently appealed to
the Ontario Land Tribunal. This appeal is still ongoing.
The proposed amendments for ADUs would apply to all residential lots in the City that meet
the established criteria, including lots located within the identified established neighbourhood
precincts.
4.5 Servicing connections
ADUs will be permitted on both urban properties, with full municipal services (water and
sewer), and on rural properties, with private well and septic services. All ADUs, regardless
of their size, will be required to comply with all requirements of the Ontario Building Code
for servicing.
In the case of ADUs on urban properties, all residential uses within a site are required to be
serviced through one water main from the street to the Regional water metre installed in
principal dwelling unit. New water connections can be made from that point to serve the
additional dwelling units. Similarly, only one sanitary sewer connection will be permitted from
the street to the principal dwelling. This will ensure that all water use is tracked under a
single water bill.
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5. ADU Registration By-law
In addition to revising the Official Plan policies and zoning regulations for ADUs, the City
will also need to replace its Registration By-law to conform to the new permissions granted
by the Planning Act. A draft of the new ADU By-law is attached as Appendix VIII. The draft
ADU By-law has been reviewed by staff from the City Development (Building Division) and
Corporate Services (Municipal Law Enforcement Services).
6. Public Notice and Engagement
6.1 Public Notice
In accordance with the Planning Act, notice was given in the Pickering News Advertiser at
least 20 days prior to the Statutory Public Meeting on April 6, 2023 and April 20, 2023.
6.2 ADU Open House
A drop-in style open house was held on April 4, 2023, to provide the opportunity for the
public to learn and ask questions about the Planning Act changes for ADUs, and to provide
comments on how those changes are proposed to be implemented in Pickering (see Open
House Slides, Attachment #1).
This event was advertised in the Pickering News Advertiser on March 23, 2023 and
March 30, 2023. It was also featured on the front page of the City’s website, and was
promoted through the City’s social media channels, and digital signage in the community.
In addition, a project web page was created (www.pickering.ca/ADU) where residents can
learn about the proposed changes as well as the process for constructing and registering
an ADU.
6.3 Public Comments
Due to the broad media coverage that was given to Bill 23 in the Fall of 2022, staff have
received several inquiries over the last several months from the public asking when ADU
requirements would be updated in Pickering to accommodate the new provisions in the
Planning Act.
60 people attended the Open House for ADUs held on April 4, 2023. Of those who attended,
at least 10 indicated on survey forms that they were interested in constructing ADUs in the
future.
During the Open House, staff had the opportunity to hear a variety of comments and
questions from the public. Many people wanted to understand how the proposed
requirements would apply to their specific property. A few of the common questions
received included:
• How big can an ADU be within an accessory building? (see 4.3.1)
• Can ADUs be located in the front yard if the existing house is set far back from the
street? (see 4.3.3)
• Can driveways be widened to accommodate additional parking for ADUs? (see 4.3.6)
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The majority of the Open House participants indicated that they would support ADUs in
their neighbourhood provided that:
• On-street parking is not impacted;
• They are energy efficient and constructed to meet Ontario Building Code;
• They are not too tall / an eye sore;
• They are not used for short-term rentals; and
• No change in property values.
Some participants indicated that they still have concerns about ADUs because of:
• Impacts to stormwater from widened driveways; and
• Adding density to areas that cannot support it.
Aside from costs, participants identified that the greatest barriers to constructing ADUs
were:
• Navigating the permit process;
• Connections to municipal or private services; and
• Increased property taxes.
Since the Notice of the Public Meeting was advertised in the newspaper on April 6, 2023.
As of the writing of this report, staff have received no further comments from the public.
7. Procedural Information
7.1 General
• written comments regarding this proposal should be directed to the City Development
Department;
• oral comments may be made at the Hybrid Statutory Public Meeting;
• all comments received will be noted and used as input to a Recommendation 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;
and
• 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.
7.2 Official Plan Amendment Approval Authority
The Region of Durham may exempt certain local official plan amendments from Regional
approval if such applications are determined to be locally significant, and do not exhibit
matters of Regional and/or Provincial interest. At this time, the Region has not yet
determined whether this official plan amendment application is exempt from Regional
Approval.
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Appendices:
Appendix I Draft Official Plan Amendment
Appendix II Draft Amendment to Zoning By-law 2511
Appendix III Draft Amendment to Zoning By-law 2520
Appendix IV Draft Amendment to Zoning By-law 3036
Appendix V Draft Amendment to Zoning By-law 3037
Appendix VI Draft Amendment to Zoning By-law 7364/14
Appendix VII Draft Amendment to Zoning By-law 7553/17
Appendix VIII Draft Additional Dwelling Unit By-law
Attachment:
1.ADU Open House Display Panels
Prepared By: Approved/Endorsed By:
Original Signed By Original Signed By
Paul Wirch, RPP Catherine Rose, MCIP, RPP
Principal Planner, Policy Chief Planner
Original Signed By
Déan Jacobs, MCIP, RPP
Manager, Policy & Geomatics
PW :ld
Date of Report: April 17, 2023
Appendix I to
Information Report 05-23
Proposed Amendment 49
to the City of Pickering Official Plan
Proposed Amendment 49 to the Pickering Official Plan
Purpose: The purpose of Amendment 49 is to bring the Pickering Official Plan into
conformity with the Planning Act, R.S.O. 1990, c. P.13. for policies that permit
additional dwelling units.
Location: The Amendment contains policies that apply city-wide including urban and
rural areas.
Basis: Bill 108, More Homes, More Choice: Ontario’s Housing Supply Action Plan,
included changes to the Planning Act to support the construction of additional
dwelling units (ADUs).
These changes included:
• allowing municipalities to permit one ADU in detached, semi-detached, and
row houses and one ADU within an accessory buildings, effectively
allowing up to three residential units on a single lot;
• prohibiting municipalities from applying a development charge for ADUs
(subject to restrictions);
• prohibiting municipalities from setting a minimum floor area for ADUs; and
• prohibiting municipalities from requiring more than one additional parking
space for each ADU.
Bill 23, More Homes Built Faster, extended the permissions provided by Bill
108. Where Bill 108 allowed municipalities to permit up to two ADUs on a lot,
Bill 23 now requires municipalities to permit up to two ADUs on a lot. In
addition, those two ADUs may now both be located within a detached
dwelling, semi-detached dwelling, block townhouse and street townhouse.
Actual
Amendment: The City of Pickering Official Plan is hereby amended by:
(New text is shown as underlined text, deleted text is shown as strikeout text, and retained
text is shown as unchanged text.)
1. Revising City Policy 3.4, Land Use Definitions, in Chapter 3 – Land Use, as follows:
3.4 For the purpose of this Plan, City Council shall define:
(a) “net residential density” as the total number of dwellings per hectare
of net residential site area, and shall not consider accessory
additional dwelling units as dwelling units for the purpose of
calculating density;
Proposed Amendment 49 to the Pickering Official Plan Page 2
2.Revising City Policy 3.9, Urban Residential Areas, in Chapter 3 – Land Use, by adding
new subsection (f) as follows:
(f)Shall not count additional dwelling units towards the density calculations
contained in Table 9.
3.Revising City Policy 6.3, Housing Mix and Supply, in Chapter 6 – Housing, by adding
new subsection (e) as follows:
(e)Permitting additional dwelling units on any property that contains a single
detached, semi-detached or townhouse dwelling, in conformity with
Provincial policy and any other applicable legislation.
4.Adding new City Policy 6.7 to Chapter 6 – Housing, as follows:
6.7 Additional Dwelling Units
City Council shall:
(a)permit one additional dwelling unit in a detached dwelling,
semi-detached dwelling, block townhouse or street townhouse
and one additional dwelling unit within a building accessory to a
detached dwelling, semi-detached dwelling, block townhouse or
street townhouse on the same lot.
(b)permit two additional dwelling units in a detached dwelling, semi-
detached dwelling, block townhouse or street townhouse provided
that no additional dwelling unit exists within a building accessory to
a detached dwelling, semi-detached dwelling, block townhouse or
street townhouse on the same lot.
(c)notwithstanding Sections 6.7 (a) and 6.7 (b), within the Oak Ridges
Moraine, as shown on Map A of this Plan:
(i)permit a maximum of one additional dwelling unit within the
Prime Agricultural Area, Rural, and Hamlet designations on a
lot within a single detached dwelling; and
(ii)not permit additional dwelling units within the Natural Core
Area and Natural Linkage Area designations.
(d)notwithstanding 6.7 (b), within the Protected Countryside of the
Greenbelt Plan, an additional dwelling unit is permitted within an
existing accessory building that was constructed on or before (or
where building permits were issued prior to) July 1, 2017, provided
that this building is located outside of Key Natural Heritage
Features and/or Key Hydrological Features.
(e)require all additional dwelling units to be registered with the City.
Proposed Amendment 49 to the Pickering Official Plan Page 3
(f) not permit an accessory building containing an additional dwelling
unit to be severed from the lot accommodating the principal
dwelling. In no case shall an additional dwelling unit be considered
a residence surplus to a farm operation.
5. Revising City Policy 6.4 (e), Affordable and Special Needs Housing, in Chapter 6 –
Housing, as follows:
(e) zone to permit accessory apartments, garden suites, additional dwelling
units in all residential areas, and rooming homes where appropriate; and
6. Revising City Policy 8.2, Cultural Heritage Objectives, in Chapter 8 – Cultural Heritage,
by adding new subsection (g) as follows:
(e) where possible, ensure development, infrastructure, capital works and
other private and public projects conserve, protect and enhance important
cultural heritage resources; and
(f) involve the public, business-people, landowners, local heritage experts,
heritage committees, relevant public agencies, and other interested
groups and individuals in cultural heritage decisions affecting the City.;
and
(g) not limit the creation of additional dwelling units, within a building and/or
property containing or adjacent to cultural heritage resources.
7. Revising City Policy 11.48, Affordable Housing Strategy, in Chapter 11 – Seaton
Urban Area, as follows:
11.48 City Council shall require the Seaton Urban Area be planned to achieve
25 percent of new residential units in housing forms considered
affordable to low and moderate-income households based on the
definition in the Provincial Policy Statement. This target shall be achieved
primarily through home ownership in multiple unit, ground related
housing and in small apartment units. Rental housing will be provided
through the rental of condominium apartment units, secondary suites
additional dwelling units and purpose-built rental housing. It is anticipated
that the majority of this affordable housing will be developed in the
Medium Density and Mixed Corridor designations.
8. Revising City Policy 11.49 (e), Affordable Strategies for Lower Income Tenants and
Owners, in Chapter 11 – Seaton Urban Area, as follows:
(e) encouraging builders to construct single detachedand, semi-detached
and townhouse units that containing accessory additional dwelling units
within the principal building and/or on the property;
Proposed Amendment 49 to the Pickering Official Plan Page 4
9.Revising City Policy 15.15, Glossary, in Chapter 15 – Implementation, by adding a
new definition as follows:
Additional Dwelling Unit means a self-contained unit in a detached dwelling,
semi-detached dwelling, block townhouse, street townhouse, or within a
building accessory to a detached dwelling, semi-detached dwelling, block
townhouse, or street townhouse on the same lot. The additional dwelling unit
shall consist of one or more rooms that are designed, occupied or intended for
residential use, including occupancy, by one or more persons as an
independent and separate residence in which cooking facilities, sleeping
facilities and sanitary facilities are provided for the exclusive use of such person
or persons.
Appendix II to
Information Report 05-23
Recommended Zoning By-law Provisions
for Zoning By-law Amendment A 04/23
The Corporation of the City of Pickering
Draft By-law No. XXXX/23
Being a by-law to amend Restricted Area (Zoning) By-law
2511, as amended, to implement the Official Plan of the City of
Pickering, Region of Durham
Whereas the Province of Ontario has amended the Planning Act , R.S.O. 1990, c. P.13, to
expand the permissions for additional residential units (additional dwelling units);
And whereas an amendment to Zoning By-law 2511, as amended, is required to expand the
permissions for additional dwelling units;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows:
1.Section 2 Definitions
a.2.1.1 ACCESSORY DWELLING UNIT is hereby deleted and replaced with:
2.1.1 ACCESSORY DWELLING UNIT
Accessory Dwelling Unit shall mean one self contained dwelling unit
contained within a permitted detached dwelling or semi-detached
dwelling
2.1.1 ADDITIONAL DWELLING UNIT
Additional Dwelling Unit shall mean a self-contained unit in a detached
dwelling, semi-detached dwelling, block townhouse, street townhouse,
or in a building accessory to a detached dwelling, semi-detached
dwelling, and block townhouse, street townhouse on the same lot. The
additional dwelling unit shall consist of one or more rooms that are
designed, occupied or intended for residential use, including
occupancy, by one or more persons as an independent and separate
residence in which cooking facilities, sleeping facilities and sanitary
facilities are provided for the exclusive use of such person or persons.
2.Section 5 – General Provisions For All Zones
a.5.19 (f) is hereby amended as follows.
5.19 ACCESSORY BUILDINGS AND USES
(f)Human habitation is not permitted in an accessory structure,
except for accessory structures that meet the definition of an
additional dwelling unit.
By-law No. XXXX/23 Page 2 Draft
b.5.21.1 is hereby amended by adding:
5.21.1 MINIMUM OFF-STREET PARKING REQUIREMENTS
USE OF BUILDING OR SITE MINIMUM # OF PARKING SPACES
1.Residential
detached dwelling 1 space per dwelling unit
additional dwelling unit 1 space per dwelling unit
additional dwelling unit in the City Centre
Neighbourhood
0 spaces
additional dwelling on a lot within a
500 metres walking distance of
Kingston Road, or on a lot within
500 metres walking distance of the
Pickering GO Station
1 space for the first additional
dwelling unit and 0 spaces for the
second additional dwelling unit
c.5.33 is hereby deleted and replaced with:
5.33 ACCESSORY DWELLING UNIT
Despite any provision in this By-law to the contrary in any zone that
permits a detached dwelling or a semi-detached dwelling an accessory
dwelling unit is permitted within the detached dwelling or semi-
detached dwelling provided:
(a)a total of three (3) parking spaces are provided on the property
where the accessory dwelling unit is located;
(b)the maximum floor area of an accessory dwelling unit shall be
one hundred (100) square metres;
(c)a home-based business is prohibited in either dwelling unit of a
dwelling containing an accessory dwelling unit.
5.33 ADDITIONAL DWELLING UNIT
Notwithstanding the provisions of 5.19, the following provisions shall
apply to any accessory building containing an additional dwelling unit.
(a)A maximum of one additional dwelling unit is permitted within
any legally permitted detached dwelling, semi-detached dwelling,
block townhouse, or street townhouse and a maximum of one
additional unit is permitted within an accessory building on the
same lot.
By-law No. XXXX/23 Page 3 Draft
(b)A maximum of two additional dwelling units are permitted within
any legally permitted detached dwelling, semi-detached dwelling,
block townhouse, or street townhouse provided there are no
additional dwelling units contained within an accessory building
on the same lot.
(c)Notwithstanding 5.33 (a) and (b), additional dwelling units are not
permitted within Key Natural Heritage Features and/or Key
Hydrological Features nor within the minimum vegetated
protection zone as described in the Pickering Official Plan.
(d)Where an additional dwelling unit is located within an accessory
building the net floor area of the additional dwelling unit shall be
determined by the most restrictive of the following regulations:
a.Maximum lot coverage of all buildings on the lot;
b.No more than 50% of the net floor area of the detached
dwelling, semi-detached dwelling, block townhouse, or street
townhouse on the same lot; and
c.A maximum net floor area of 150 square metres.
(e)An accessory building containing an additional dwelling unit shall
conform with the height and setback requirements of Table 1.
Table 1 – Height and Setback Requirements
Lots with area of
2,000 sq.m. or less
Lots with area
greater than 2,000 sq.m.
Height max.
(metres) 4.5 Up to 4.5 Greater than 4.5 up
to and including 6.5
Front Yard Setback
min. (metres) Zone Regulation Zone Regulation Zone Regulation
Exterior Side Yard
Setback min.
(metres)
Zone Regulation Zone Regulation Zone Regulation
Interior Side Yard
Setback min.
(metres)
1.2 1.2 2.4
Rear Yard Setback
min. (metres) 1.2 1.2 2.4
(f)Notwithstanding Section 5.8, all lots containing additional
dwelling units shall provide a minimum 1.2 metres wide path of
travel from the entrance of each additional dwelling unit to a
public street. No encroachment is permitted to obstruct this path
of travel.
By-law No. XXXX/23 Page 4 Draft
(g) A home-based business is permitted within an additional dwelling
unit.
(h) The provision of on-site parking shall not reduce the landscaped
area in the corresponding yard below 30%.
3. By-law 2511
By-law 2511, as amended, is hereby further amended only to the extent necessary to
give effect to the provisions of this By-law. Definitions and subject matters not
specifically dealt with in this By-law shall be governed by relevant provisions of By-law
2511, as amended.
4. Effective Date
This By-law shall come into force in accordance with the provisions of the Planning Act.
By-law passed this XXth day of XXXX, 2023.
________________________________
Kevin Ashe, Mayor
________________________________
Susan Cassel, City Clerk
Draft
Draft
Appendix III to
Information Report 05-23
Recommended Zoning By-law Provisions
for Zoning By-law Amendment A 04/23
The Corporation of the City of Pickering
Draft By-law No. XXXX/23
Being a by-law to amend Restricted Area (Zoning) By-law
2520, as amended, to implement the Official Plan of the City of
Pickering, Region of Durham
Whereas the Province of Ontario has amended the Planning Act, R.S.O. 1990, c. P.13, to
expand the permissions for additional residential units (additional dwelling units);
And whereas an amendment to Zoning By-law 2520, as amended, is required to expand the
permissions for additional dwelling units;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows:
1.Section 2 Definitions
a.2.1.1 ACCESSORY DWELLING UNIT is hereby deleted and replaced with:
2.1.1 ACCESSORY DWELLING UNIT
“Accessory Dwelling Unit” shall mean one self contained dwelling unit
contained within a permitted detached dwelling or semi-detached
dwelling
2.1.1 ADDITIONAL DWELLING UNIT
Additional Dwelling Unit shall mean a self-contained unit in a detached
dwelling, semi-detached dwelling, block townhouse, street townhouse,
or in a building accessory to a detached dwelling, semi-detached
dwelling, and block townhouse, street townhouse on the same lot. The
additional dwelling unit shall consist of one or more rooms that are
designed, occupied or intended for residential use, including
occupancy, by one or more persons as an independent and separate
residence in which cooking facilities, sleeping facilities and sanitary
facilities are provided for the exclusive use of such person or persons.
2.Section 5 – General Provisions For All Zones
a.5.19 (f) is hereby amended as follows.
5.19 ACCESSORY BUILDINGS AND USES
(f)Human habitation is not permitted in an accessory structure,
except for accessory structures that meet the definition of an
additional dwelling unit.
By-law No. XXXX/23 Page 2 Draft
b. 5.21.1 is hereby amended by adding:
5.21.1 MINIMUM OFF-STREET PARKING REQUIREMENTS
USE OF BUILDING OR SITE MINIMUM # OF PARKING SPACES
1. Residential
detached dwelling
accessory dwelling
1 space per dwelling unit
additional dwelling unit 1 space per dwelling unit
additional dwelling unit in the City Centre
Neighbourhood
0 spaces
additional dwelling on a lot within a
500 metres walking distance of
Kingston Road, or on a lot within
500 metres walking distance of the
Pickering GO Station
1 space for the first additional
dwelling unit and 0 spaces for the
second additional dwelling unit
c. 5.33 is hereby deleted and replaced with:
5.33 ACCESSORY DWELLING UNIT
Despite any provision in this By-law to the contrary in any zone that
permits a detached dwelling or a semi-detached dwelling an accessory
dwelling unit is permitted within the detached dwelling or semi-
detached dwelling provided:
(a) a total of three (3) parking spaces are provided on the property
where the accessory dwelling unit is located;
(b) the maximum floor area of an accessory dwelling unit shall be
one hundred (100) square metres;
(c) a home-based business is prohibited in either dwelling unit of a
dwelling containing an accessory dwelling unit.
5.33 ADDITIONAL DWELLING UNIT
Notwithstanding the provisions of 5.19, the following provisions shall
apply to any accessory building containing an additional dwelling unit.
(a) A maximum of one additional dwelling unit is permitted within
any legally permitted detached dwelling, semi-detached dwelling,
block townhouse, or street townhouse and a maximum of one
additional unit is permitted within an accessory building on the
same lot.
By-law No. XXXX/23 Page 3 Draft
(b) A maximum of two additional dwelling units are permitted within
any legally permitted detached dwelling, semi-detached dwelling,
block townhouse, or street townhouse provided there are no
additional dwelling units contained within an accessory building
on the same lot.
(c) Notwithstanding 5.33 (a) and (b), additional dwelling units are not
permitted within Key Natural Heritage Features and/or Key
Hydrological Features nor within the minimum vegetated
protection zone as described in the Pickering Official Plan.
(d) Where an additional dwelling unit is located within an accessory
building the gross floor area of the additional dwelling unit shall
be determined by the most restrictive of the following
regulations:
a. Maximum lot coverage of all buildings on the lot;
b. No more than 50% of the net floor area of the detached
dwelling, semi-detached dwelling, block townhouse, or street
townhouse on the same lot; and
c. A maximum net floor area of 150 square metres.
(e) An accessory building containing an additional dwelling unit shall
conform with the height and setback requirements of Table 1.
Table 1 – Height and Setback Requirements
Lots with area of
2,000 sq. m. or less
Lots with area
greater than 2,000 sq. m.
Height max.
(metres) 4.5 Up to 4.5 Greater than 4.5 up
to and including 6.5
Front Yard Setback
min. (metres) Zone Regulation Zone Regulation Zone Regulation
Exterior Side Yard
Setback min.
(metres)
Zone Regulation Zone Regulation Zone Regulation
Interior Side Yard
Setback min.
(metres)
1.2 1.2 2.4
Rear Yard Setback
min. (metres) 1.2 1.2 2.4
(f) Notwithstanding Section 5.8, all lots containing additional
dwelling units shall provide a minimum 1.2 metres wide path of
travel from the entrance of each additional dwelling unit to a
public street. No encroachment is permitted to obstruct this path
of travel.
By-law No. XXXX/23 Page 4 Draft
(g)A home-based business is permitted within an additional dwelling
unit.
(h)The provision of on-site parking shall not reduce the landscaped
area in the corresponding yard below 30%.
3.By-law 2520
By-law 2520, as amended, is hereby further amended only to the extent necessary to
give effect to the provisions of this By-law. Definitions and subject matters not
specifically dealt with in this By-law shall be governed by relevant provisions of By-law
2520, as amended.
4.Effective Date
This By-law shall come into force in accordance with the provisions of the Planning Act.
By-law passed this XXth day of XXXX, 2023.
________________________________
Kevin Ashe, Mayor
________________________________
Susan Cassel, City Clerk
Draft
Draft
Appendix IV to
Information Report 05-23
Recommended Zoning By-law Provisions
for Zoning By-law Amendment A 04/23
The Corporation of the City of Pickering
By-law No. XXXX/23
Being a by-law to amend Restricted Area (Zoning) By-law
3036, as amended, to implement the Official Plan of the City of
Pickering, Region of Durham
Whereas the Province of Ontario has amended the Planning Act, R.S.O. 1990, c. P.13, to
expand the permissions for additional residential units (additional dwelling units);
And whereas an amendment to Zoning By-law 3036, as amended, is required to expand the
permissions for additional dwelling units;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows:
1. Section 2 Definitions
a. 2.1.1 ACCESSORY DWELLING UNIT is hereby deleted and replaced with:
2.1.1 ACCESSORY DWELLING UNIT
“Accessory Dwelling Unit” shall mean one self contained dwelling unit
contained within a permitted detached dwelling or semi-detached
dwelling
2.1.1 ADDITIONAL DWELLING UNIT
Additional Dwelling Unit shall mean a self-contained unit in a detached
dwelling, semi-detached dwelling, block townhouse, street townhouse,
or in a building accessory to a detached dwelling, semi-detached
dwelling, and block townhouse, street townhouse on the same lot. The
additional dwelling unit shall consist of one or more rooms that are
designed, occupied or intended for residential use, including
occupancy, by one or more persons as an independent and separate
residence in which cooking facilities, sleeping facilities and sanitary
facilities are provided for the exclusive use of such person or persons.
2. Section 5 – General Provisions For All Zones
a. 5.18 (f) is hereby amended as follows:
5.18 ACCESSORY BUILDINGS AND USES
(f) Human habitation is not permitted in an accessory structure,
except for accessory structures that meet the definition of an
additional dwelling unit.
Draft
By-law No. XXXX/23 Page 2 Draft
b.5.21.1 is hereby amended:
5.21.1 MINIMUM OFF-STREET PARKING REQUIREMENTS
USE OF BUILDING OR SITE MINIMUM # OF PARKING SPACES
1.Residential
detached dwelling
accessory dwelling
1 space per dwelling unit
additional dwelling unit 1 space per dwelling unit
additional dwelling unit in the City Centre
Neighbourhood
0 spaces
additional dwelling unit on a lot within a
500 metres walking distance of Kingston
Road, or on a lot within 500 metres
walking distance of the Pickering GO
Station
1 space for the first additional
dwelling unit and 0 spaces for the
second additional dwelling unit
c.5.28 is hereby amended:
5.28 TRUCK, BUS AND COACH BODIES
No truck, bus, coach or streetcar body, or structure of any kind, other
than a dwelling unit or an accessory dwelling unit additional dwelling
unit, erected and used in accordance with this and all other By-laws of
the Town, shall be used as a dwelling unit within the area affected by
this By-law, whether or not the same is mounted on wheels.
d.5.32 is hereby deleted and replaced with:
5.32 ACCESSORY DWELLING UNIT
Despite any provision in this By-law to the contrary in any zone that
permits a detached dwelling or a semi-detached dwelling an accessory
dwelling unit is permitted within the detached dwelling or semi-
detached dwelling provided:
(a)a total of three (3) parking spaces are provided on the property
where the accessory dwelling unit is located;
(b)the maximum floor area of an accessory dwelling unit shall be
one hundred (100) square metres;
(c)a home-based business is prohibited in either dwelling unit of a
dwelling containing an accessory dwelling unit.
(d)an accessory dwelling uni is not permitted within an accessory
dwelling that is permitted in Rural Agricultural Zone.
By-law No. XXXX/23 Page 3 Draft
5.32 ADDITIONAL DWELLING UNIT
Notwithstanding the provisions of 5.18, the following provisions shall
apply to any accessory building containing an additional dwelling unit.
(a) A maximum of one additional dwelling unit is permitted within
any legally permitted single detached, semi-detached, block
townhouse, or street townhouse and a maximum of one
additional unit is permitted within an accessory building on the
same lot.
(b) A maximum of two additional dwelling units are permitted within
any legally permitted detached dwelling, semi-detached dwelling,
block townhouse, or street townhouse provided there are no
additional dwelling units contained within an accessory building
on the same lot.
(c) Notwithstanding 5.33 (a) and (b), additional dwelling units are not
permitted within Key Natural Heritage Features and/or Key
Hydrological Features nor within the minimum vegetated
protection zone as described in the Pickering Official Plan.
(d) Where an additional dwelling unit is located within an accessory
building the gross floor area of the additional dwelling unit shall
be determined by the most restrictive of the following
regulations:
a. Maximum lot coverage of all buildings on the lot;
b. No more than 50% of the net floor area of the detached
dwelling, semi-detached dwelling, block townhouse, or street
townhouse on the same lot; and
c. A maximum net floor area of 150 square metres.
(e) An accessory building containing an additional dwelling unit shall
conform with the height and setback requirements of Table 1.
Table 1 – Height and Setback Requirements
Lots with area of
2,000 sq.m. or less
Lots with area
greater than 2,000 sq.m.
Height max.
(metres) 4.5 Up to 4.5 Greater than 4.5 up
to and including 6.5
Front Yard Setback
min. (metres) Zone Regulation Zone Regulation Zone Regulation
Exterior Side Yard
Setback min.
(metres)
Zone Regulation Zone Regulation Zone Regulation
By-law No. XXXX/23 Page 4 Draft
Lots with area of
2,000 sq.m. or less
Lots with area
greater than 2,000 sq.m.
Interior Side Yard
Setback min.
(metres)
1.2 1.2 2.4
Rear Yard Setback
min. (metres) 1.2 1.2 2.4
(f) Notwithstanding Section 5.7, all lots containing additional
dwelling units shall provide a minimum 1.2 metres wide path of
travel from the entrance of each additional dwelling unit to a
public street. No encroachment is permitted to obstruct this path
of travel.
(g) A home-based business is permitted within an additional dwelling
unit.
(h) The provision of on-site parking shall not reduce the landscaped
area in the corresponding yard below 30%.
3. By-law 3036
By-law 3036, as amended, is hereby further amended only to the extent necessary to
give effect to the provisions of this By-law. Definitions and subject matters not
specifically dealt with in this By-law shall be governed by relevant provisions of By-law
3036, as amended.
4. Effective Date
This By-law shall come into force in accordance with the provisions of the Planning Act.
By-law passed this XXth day of XXXX, 2023.
________________________________
Kevin Ashe, Mayor
________________________________
Susan Cassel, City Clerk
Draft
Draft
Appendix V to
Information Report 05-23
Recommended Zoning By-law Provisions
for Zoning By-law Amendment A 04/23
The Corporation of the City of Pickering
By-law No. XXXX/23
Being a by-law to amend Restricted Area (Zoning) By-law
3037, as amended, to implement the Official Plan of the City of
Pickering, Region of Durham
Whereas the Province of Ontario has amended the Planning Act, R.S.O. 1990, c. P.13, to
expand the permissions for additional residential units (additional dwelling units);
And whereas an amendment to Zoning By-law 3037, as amended, is required to expand the
permissions for additional dwelling units;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows:
1. Section 2 Definitions
a. 2.2 ACCESSORY DWELLING UNIT is hereby deleted and replaced with:
2.2 ACCESSORY DWELLING UNIT
Accessory Dwelling Unit shall mean one self contained dwelling unit
contained within a permitted detached dwelling or semi-detached
dwelling.
2.2 ADDITIONAL DWELLING UNIT
Additional Dwelling Unit shall mean a self-contained unit in a detached
dwelling, semi-detached dwelling, block townhouse, street townhouse,
or in a building accessory to a detached dwelling, semi-detached
dwelling, and block townhouse, street townhouse on the same lot. The
additional dwelling unit shall consist of one or more rooms that are
designed, occupied or intended for residential use, including
occupancy, by one or more persons as an independent and separate
residence in which cooking facilities, sleeping facilities and sanitary
facilities are provided for the exclusive use of such person or persons.
2. Section 5 – General Provisions For All Zones
a. 5.18 (f) is hereby amended as follows.
5.18 ACCESSORY BUILDINGS AND USES
(f) Human habitation is not permitted in an accessory structure,
except for accessory structures that meet the definition of an
additional dwelling unit.
Draft
By-law No. XXXX/23 Page 2 Draft
b.5.19.1 is hereby amended by adding:
5.19.1 MINIMUM OFF STREET PARKING REQUIREMENTS
USE OF BUILDING OR SITE MINIMUM # OF PARKING SPACES
1.Residential
detached dwelling
accessory dwelling
1 space per dwelling unit
additional dwelling unit 1 space per dwelling unit
additional dwelling unit in the City Centre
Neighbourhood
0 spaces
additional dwelling on a lot within a
500 metres walking distance of
Kingston Road, or on a lot within
500 metres walking distance of the
Pickering GO Station
1 space for the first additional
dwelling unit and 0 spaces for the
second additional dwelling unit
c.5.19.2 is hereby revised:
5.19.2 SUPPLEMENTARY PARKING REGULATION
These principles apply to parking for all zones except in the case of
detached, semi-detached, additional dwelling units, and accessory
dwellings.
d.5.31 is hereby deleted and replaced with:
5.31 ACCESSORY DWELLING UNIT
Despite any provision in this By-law to the contrary, in any zone that
permits a detached dwelling or a semi-detached dwelling an accessory
dwelling unit is permitted within the detached dwelling or semi-
detached dwelling provided:
(a)a total of three (3) parking spaces are provided on the property
where the accessory dwelling unit is located;
(b)the maximum floor area of an accessory dwelling unit shall be
one hundred (100) square metres;
(c)a home-based business is prohibited in either dwelling unit of a
dwelling containing an accessory dwelling unit;
(d)an accessory dwelling unit is not permitted within an accessory
dwelling unit that is permitted in Rural Agricultural Zone.
By-law No. XXXX/23 Page 3 Draft
5.31 ADDITIONAL DWELLING UNIT
Notwithstanding the provisions of 5.18, the following provisions shall
apply to any accessory building containing an additional dwelling unit.
(a)A maximum of one additional dwelling unit is permitted within any
legally permitted detached dwelling, semi-detached dwelling,
block townhouse, or street townhouse and a maximum of one
additional unit is permitted within an accessory building on the
same lot.
(b)A maximum of two additional dwelling units are permitted within
any legally permitted detached dwelling, semi-detached dwelling,
block townhouse, or street townhouse provided there are no
additional dwelling units contained within an accessory building
on the same lot.
(c)Notwithstanding 5.31 (a) and (b), additional dwelling units are not
permitted within Key Natural Heritage Features and/or Key
Hydrological Features nor within the minimum vegetated
protection zone as described in the Pickering Official Plan.
(d)Notwithstanding 5.31 (a) and (b), additional dwelling units are
only permitted in the following locations.
a.For lands within the Protected Countryside of the Greenbelt
Plan:
i.Within a detached dwelling, semi-detached dwelling,
block townhouse, street townhouse; and/or
ii.Within an existing accessory building that was
constructed on or before (or where building permits were
issued prior to) July 1, 2017, provided that these buildings
are located outside of Key Natural Heritage Features
and/or Key Hydrological Features.
b.For lands within the Oak Ridges Moraine:
i.Only one additional dwelling unit is permitted within a
detached dwelling.
(e)Where an additional dwelling unit is located within an accessory
building the net floor area of the additional dwelling unit shall be
determined by the most restrictive of the following regulations:
a.Maximum lot coverage of all buildings on the lot;
b.No more than 50% of the net floor area of the detached
dwelling, semi-detached dwelling, block townhouse, or street
townhouse on the same lot; and
By-law No. XXXX/23 Page 4 Draft
c.A maximum net floor area of 150 square metres.
(f)An accessory building containing an additional dwelling unit shall
conform with the height and setback requirements of Table 2.
Table 2 – Height and Setback Requirements
Lots with area of
2,000 sq.m. or less
Lots with area
greater than 2,000 sq.m.
Height max.
(metres) 4.5 Up to 4.5 Greater than 4.5 up
to and including 6.5
Front Yard Setback
min. (metres) Zone regulation Zone regulation Zone regulation
Exterior Side Yard
Setback min.
(metres)
Zone regulation Zone regulation Zone regulation
Interior Side Yard
Setback min.
(metres)
1.2 1.2 2.4
Rear Yard Setback
min. (metres) 1.2 1.2 2.4
(g)Notwithstanding Section 5.7, all lots containing additional
dwelling units shall provide a minimum 1.2 metres wide path of
travel from the entrance of each additional dwelling unit to a
public street. No encroachment is permitted to obstruct this path
of travel.
(h)A home-based business is permitted within an additional dwelling
unit.
(i)The provision of on-site parking for additional dwelling units shall
not reduce the landscaped area in the corresponding yard below
30 percent.
3.Section 6 – Rural Agricultural Zone
a.6.1.2.1 is hereby deleted.
6.1.2.1 ACCESSORY AGRICULTURAL RESIDENTIAL
Notwithstanding the provisions of Section 6.2.2 hereof, a bona-fide
agricultural user may be permitted to establish an accessory
dwelling for the uses permitted under Section 6.1.2, only in
accordance with the provisions of section 6.2.3.
By-law No. XXXX/23 Page 5 Draft
b.6.2.3 is hereby deleted.
6.2.3 ACCESSORY DWELLING AS PERMITTED UNDER SECTION 6.1.2.1:
Front Yard Minimum 15 metres
Rear Yard Minimum 15 metres
Side Yard Minimum 6 metres
Floor Area Minimum 110 square metres
Accessory Dwellings
Per Lot Maximum 1 only
No accessory dwelling shall be located in the front yard of an existing
dwelling, or closer than 15 metres from any building, other than a
garage.
4.Section 8.6 – OAK RIDGES MORAINE - HAMLET RESIDENTIAL SIX (ORM-R6)
ZONE
a.8.6.3.6 is hereby amended as follows:
8.6.3.6 ORM-R6-6
(a)Despite Section 5.18 and Section 5.31 of By-law 3037, where a
detached dwelling exists on a lot, a maximum of one accessory
additional dwelling unit may be permitted on the second floor of
a detached garage located in any side or rear yard of any lot on
the lands zoned “ORM-R6-6” in accordance with the following:
(i)a detached garage, and any associated uncovered steps and
platforms, may be erected in any side or rear yard, a minimum
of 5.0 metres from any lot line;
(ii)the maximum residential floor area of the accessory additional
dwelling unit shall be 90 square metres;
(iii)the maximum height of the detached garage shall be 9.0
metres;
(iv)a minimum of one parking space shall be provided and
maintained on the lot to serve the accessory additional
dwelling unit.
5.Section 9.3 – OAK RIDGES MORAINE - GENERAL COMMERCIAL (ORM-C2) ZONE
a.9.3.1 is hereby amended as follows:
9.3.1 PERMITTED USES
(i)accessory dwelling unit
By-law No. XXXX/23 Page 6 Draft
b. 9.3.2 is hereby amended as follows:
9.3.2 REGULATIONS FOR PERMITTED USES
(vii) Accessory Dwelling Unit Regulations
(a) A maximum of one accessory dwelling unit shall be
permitted within a building or structure containing the
principle use;
(b) An accessory dwelling unit shall not be permitted within a
building or structure containing an automobile service
station use;
(c) The maximum floor area of an accessory dwelling unit shall
be 100 square metres.
c. 9.3.3.2 (c) is hereby amended as follows.
9.3.3.2 ORM-C2-2
(c) Despite Section 9.3.1 (i), an accessory dwelling unit shall not be
permitted on lands zoned “ORM-C2-2”.
6. By-law 3037
By-law 3037, as amended, is hereby further amended only to the extent necessary to
give effect to the provisions of this By-law. Definitions and subject matters not
specifically dealt with in this By-law shall be governed by relevant provisions of By-law
3037, as amended.
7. Effective Date
This By-law shall come into force in accordance with the provisions of the Planning Act.
By-law passed this XXth day of XXXX, 2023.
________________________________
Kevin Ashe, Mayor
________________________________
Susan Cassel, City Clerk
Draft
Draft
Appendix VI to
Information Report 05-23
Recommended Zoning By-law Provisions
for Zoning By-law Amendment A 04/23
The Corporation of the City of Pickering
By-law No. XXXX/23
Being a by-law to amend Restricted Area (Zoning) By-law
7364/14, as amended, to implement the Official Plan of the City
of Pickering, Region of Durham
Whereas the Province of Ontario has amended the Planning Act , R.S.O. 1990, c. P.13, to
expand the permissions for additional residential units (additional dwelling units);
And whereas an amendment to Zoning By-law 7364, as amended, is required to expand the
permissions for additional dwelling units;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows:
1. Table of Contents
a. 2.13 Accessory Dwelling Unit is hereby amended:
2.13 Accessory Dwelling UnitAdditional Dwelling Unit
2. Section 2 General Regulation
a. 2.13 Accessory Dwelling Unit is hereby deleted and replaced with:
2.13 Accessory Dwelling Unit
a) Despite any provision in this By-law to the contrary, in any zone
that permits a detached dwelling, semi-detached dwelling or a
townhouse dwelling, an accessory dwelling unit is permitted
within the detached dwelling, semi-detached dwelling or
townhouse dwelling provided:
i) a total of three (3) parking spaces are provided on the property
where the accessory dwelling unit is located;
ii) the maximum floor area of an accessory dwelling unit shall be
one hundred (100) square metres; and
iii) a home-based business is prohibited in either dwelling unit of
a dwelling containing an accessory dwelling unit.
b) An accessory dwelling unit may be permitted within a coach
house on a lot containing a detached dwelling, semi-detached
dwelling or a street townhouse dwelling provided there is only
one accessory dwelling unit on the lot and the requirements of
Section 2.13 a) are met.
Draft
By-law No. XXXX/23 Page 2 Draft
2.13 Accessory Dwelling Unit
Notwithstanding the provisions of 2.15, the following provisions shall
apply to any accessory building containing an additional dwelling unit.
(a) A maximum of one additional dwelling unit is permitted within any
legally permitted detached dwelling, semi-detached dwelling,
block townhouse, or street townhouse and a maximum of one
additional unit is permitted within an accessory building on the
same lot.
(b) A maximum of two additional dwelling units are permitted within
any legally permitted detached dwelling, semi-detached dwelling,
block townhouse, or street townhouse provided there are no
additional dwelling units contained within an accessory building
on the same lot.
(c) Notwithstanding 5.33 (a) and (b), additional dwelling units are not
permitted within Key Natural Heritage Features and/or Key
Hydrological Features nor within the minimum vegetated
protection zone as described in the Pickering Official Plan.
(d) Where an additional dwelling unit is located within an accessory
building the gross floor area of the additional dwelling unit shall
be determined by the most restrictive of the following regulations:
a. Maximum lot coverage of all buildings on the lot;
b. No more than 50% of the net floor area of the detached
dwelling, semi-detached dwelling, block townhouse, or street
townhouse on the same lot; and
c. A maximum net floor area of 150 square metres.
(e) An accessory building containing an additional dwelling unit shall
conform with the height and setback requirements of Table 32.
Table 32 – Height and Setback Requirements
Lots with area of
2,000 sq.m. or less
Lots with area
greater than 2,000 sq.m.
Height max.
(metres) 4.5 Up to 4.5 Greater than 4.5 to up
to and including 6.5
Front Yard Setback
min. (metres) Zone Regulation Zone Regulation Zone Regulation
Exterior Side Yard
Setback min.
(metres)
Zone Regulation Zone Regulation Zone Regulation
By-law No. XXXX/23 Page 3 Draft
Lots with area of
2,000 sq.m. or less
Lots with area
greater than 2,000 sq.m.
Interior Side Yard
Setback min.
(metres)
1.2 1.2 2.4
Rear Yard Setback
min. (metres) 1.2 1.2 2.4
(f) Notwithstanding Section 2.6 and 2.10, all lots containing
additional dwelling units shall provide a minimum 1.2 metres wide
path of travel from the entrance of each additional dwelling unit to
a public street. No encroachment is permitted to obstruct this
path of travel.
(g) A home-based business is permitted within an additional dwelling
unit.
(h) The provision of on-site parking shall not reduce the landscaped
open space in the corresponding yard below 30%.
b. 22.15 (g) is hereby amended as follows:
2.15 ACCESSORY BUILDINGS AND USES
(g) Human habitation is not permitted in an accessory building or
accessory structure except for a coach house and accessory
structures that meet the definition of an additional dwelling unit.
c. 2.20 is hereby deleted:
2.20 Coach Houses
A coach house shall be permitted on a corner lot with a lot frontage of
10.0 metres or greater where the corner lot has access to a rear lane or
on a through lot with a lot frontage of 10.0 metres or greater provided
there is not an accessory dwelling unit in the detached, semi-detached
or street townhouse dwelling and provided the coach house:
a) is located a minimum distance of 0.6 metres from the rear lot line;
b) is located a minimum of 1.2 metres from the interior side lot line;
c) is setback a minimum of 5.0 metres from the main building on the
lot. The parking of motor vehicles is not permitted in the setback
area; and
d) has a maximum height of 8.0 metres.
By-law No. XXXX/23 Page 4 Draft
3. Section 3 Parking Regulations
a. Section 3.1 is hereby amended as follows:
3.1 Parking Space Requirements
Table 1: Minimum Parking Requirements
Accessory Additional Dwelling Unit
4. Section 4 Permitted Uses and Zone Regulations
a. Section 4.1 is hereby amended as follows:
4.1 Uses Permitted
Table 2: Permitted Uses in Residential Zones
Accessory Additional Dwelling Unit
5. Section 5 Mixed Use Zone Regulation
a. Section 5.1 is hereby deleted and replaced with:
5.1 Uses Permitted
Accessory Dwelling Unit
Additional Dwelling Unit
6. Section 10 Definitions
a. Section 10 is hereby amended as follows:
“Accessory Dwelling Unit” means one self contained dwelling unit contained
within a permitted detached dwelling, semi-detached dwelling, townhouse
dwelling or coach house.
“Additional Dwelling Unit” means a self-contained unit in a detached
dwelling, semi-detached dwelling, block townhouse, street townhouse, or in
a building accessory to a detached dwelling, semi-detached dwelling, and
block townhouse, street townhouse on the same lot. The additional dwelling
unit shall consist of one or more rooms that are designed, occupied or
intended for residential use, including occupancy, by one or more persons
as an independent and separate residence in which cooking facilities,
sleeping facilities and sanitary facilities are provided for the exclusive use of
such person or persons.
“Coach House” means a detached building containing a private garage on
the ground floor and an accessory dwelling unitadditional dwelling unit on
the second floor.
By-law No. XXXX/23 Page 5 Draft
“Dwelling, Detached or Detached Dwelling” means a building containing only
one primary dwelling unit but may also include an accessory dwelling unit
additional dwelling units.
6. By-law 7364/14
By-law 7364/14, as amended, is hereby further amended only to the extent necessary
to give effect to the provisions of this By-law. Definitions and subject matters not
specifically dealt with in this By-law shall be governed by relevant provisions of By-law
7364/14, as amended.
7. Effective Date
This By-law shall come into force in accordance with the provisions of the Planning Act.
By-law passed this XXth day of XXXX, 2023.
________________________________
Kevin Ashe, Mayor
________________________________
Susan Cassel, City Clerk
Draft
Draft
Appendix VII to
Information Report 05-23
Recommended Zoning By-law Provisions
for Zoning By-law Amendment A 04/23
The Corporation of the City of Pickering
By-law No. XXXX/23
Being a by-law to amend Restricted Area (Zoning) By-law
7553/17, as amended, to implement the Official Plan of the City
of Pickering, Region of Durham
Whereas the Province of Ontario has amended the Planning Act, R.S.O. 1990, c. P.13, to
expand the permissions for additional residential units (additional dwelling units);
And whereas an amendment to Zoning By-law 7553, as amended, is required to expand the
permissions for additional dwelling units;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows:
1. Table of Contents
a. 2.7 Accessory Dwelling Unit is hereby amended as follows:
2.7 Accessory Dwelling Unit
2.7 Additional Dwelling Unit
2. How to Read and Use This By-law
a. Introductory text to Zoning By-law 7553, “How to Read and Use this By-law”, is
hereby amended as follows:
Section 2 sets out a number of general regulations, which apply to
development in all zones. These general provisions address such matters as
public uses, permitted encroachments, legal non-conforming uses,
accessory additional dwelling units, home-based business, accessory
buildings and structures, live work dwellings, patios and temporary sales
offices among others.
3. Section 2 – General Regulations
a. 2.7 Accessory Dwelling Unit is hereby deleted and replaced with:
2.7 Accessory Dwelling Unit
Despite any provision in this By-law to the contrary, in any zone that
permits a detached dwelling, semi-detached dwelling or a street
townhouse dwelling, an accessory dwelling unit is permitted within the
detached dwelling, semi-detached dwelling or street townhouse
dwelling provided:
Draft
By-law No. XXXX/23 Page 2 Draft
a) a total of three (3) parking spaces are provided on the property
where the accessory dwelling unit is located
b) the maximum floor area of an accessory dwelling unit shall be 100
square metres
c) a home-based business is prohibited in either dwelling unit or a
dwelling containing an accessory dwelling unit
2.7 Additional Dwelling Unit
Notwithstanding the provisions of 2.9, the following provisions shall
apply to any accessory building containing an additional dwelling unit.
(a) A maximum of one additional dwelling unit is permitted within any
legally permitted detached dwelling, semi-detached dwelling,
block townhouse, or street townhouse and a maximum of one
additional unit is permitted within an accessory building on the
same lot.
(b) A maximum of two additional dwelling units are permitted within
any legally permitted detached dwelling, semi-detached dwelling,
block townhouse, or street townhouse provided there are no
additional dwelling units contained within an accessory building
on the same lot.
(c) Notwithstanding (section number above), additional dwelling
units are not permitted within Key Natural Heritage Features
and/or Key Hydrological Features nor within the minimum
vegetated protection zone as described in the Pickering Official
Plan.
(d) Where an additional dwelling unit is located within an accessory
building the gross floor area of the additional dwelling unit shall
be determined by the most restrictive of the following regulations:
a. Maximum lot coverage of all buildings on the lot;
b. No more than 50% of the net floor area of the detached
dwelling, semi-detached dwelling, block townhouse, or street
townhouse on the same lot; and
c. A maximum net floor area of 150 square metres.
(e) An accessory building containing an additional dwelling unit shall
conform with the height and setback requirements of Table 5.
By-law No. XXXX/23 Page 3 Draft
Table 5 – Height and Setback Requirements
Lots with area of
2,000 sq.m. or less
Lots with area
greater than 2,000 sq.m.
Height max.
(metres) 4.5 Up to 4.5 Greater than 4.5 up
to and including 6.5
Front Yard Setback
min. (metres) Zone Regulation Zone Regulation Zone Regulation
Exterior Side Yard
Setback min.
(metres)
Zone Regulation Zone Regulation Zone Regulation
Interior Side Yard
Setback min.
(metres)
1.2 1.2 2.4
Rear Yard Setback
min. (metres) 1.2 1.2 2.4
(f) Notwithstanding Section 2.4, all lots containing additional
dwelling units shall provide a minimum 1.2 metres wide path of
travel from the entrance of each additional dwelling unit to a
public street. No encroachment is permitted to obstruct this path
of travel.
(g) A home-based business is permitted within an additional dwelling
unit.
(h) The provision of on-site parking shall not reduce the landscaped
area in the corresponding yard below 30%.
b. Section 2.9 (f) is hereby amended as follows:
2.9 Accessory Buildings and Structures
f) Human habitation is not permitted in an accessory building or
structure, except for accessory structures that meet the definition
of an additional dwelling unit.
4. Section 3 – Parking Regulations
a. Section 3.1, Table 1 – Minimum Parking Requirements, is hereby amended as
follows:
Table 1 – Minimum Parking Requirements
Residential Uses
Accessory Additional dwelling unit in the City
Centre Neighbourhood
0 spaces
By-law No. XXXX/23 Page 4 Draft
Residential Uses
Additional dwelling unit on a lot within a 500
metres walking distance of Kingston Road, or
on a lot within 500 metres walking distance of
the Pickering GO Station
1 space for the first additional
dwelling unit and 0 spaces for the
second additional dwelling unit
5. Section 4 – Permitted Uses and Zone Regulations
a. Section 4.1 is hereby amended as follows:
4.1 Permitted Uses
Accessory Additional Dwelling Unit
6. Section 5 – Definitions
a. Section 5 is hereby amended as follows:
“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.
Additional Dwelling Unit shall mean a self-contained unit in a detached
dwelling, semi-detached dwelling, block townhouse, street townhouse,
or in a building accessory to a detached dwelling, semi-detached
dwelling, and block townhouse, street townhouse on the same lot. The
additional dwelling unit shall consist of one or more rooms that are
designed, occupied or intended for residential use, including
occupancy, by one or more persons as an independent and separate
residence in which cooking facilities, sleeping facilities and sanitary
facilities are provided for the exclusive use of such person or persons.
7. Section 6 Exceptions
a. Section 6.5.1 is hereby amended as follows:
6.5.1 Additional Permitted Uses
b) Accessory Additional Dwelling Unit is permitted within an existing
detached dwelling in accordance with Section 2.7 of this By-law
6. By-law 7553/17
By-law 7553/17, as amended, is hereby further amended only to the extent necessary
to give effect to the provisions of this By-law. Definitions and subject matters not
specifically dealt with in this By-law shall be governed by relevant provisions of By-law
7553/17, as amended.
By-law No. XXXX/23 Page 5 Draft
7. Effective Date
This By-law shall come into force in accordance with the provisions of the Planning Act.
By-law passed this XXth day of XXXX, 2023.
_______________________________
Kevin Ashe, Mayor
________________________________
Susan Cassel, City Clerk
Draft
Draft
Appendix VIII to
Information Report 05-23
Draft Additional Dwelling Unit By-law
The Corporation of the City of Pickering
Draft By-law No. XXXX/23
Being a by-law to provide for the registration of additional
dwelling units in the City of Pickering.
Whereas Section 16(3) of the Planning Act, S.O., 1990, c. P.13, as amended, requires
municipal official plans to not prohibit the use of up to two additional dwelling units on a lot;
And whereas Section 35.1(1) of the Planning Act, S.O., 1990, c. P.13, as amended, requires
that no by-laws passed under section 34 may prohibit the erection or location of up to two
additional dwelling units on a lot;
And whereas Section 8(1) of the Municipal Act, S.O. 2001, c. 25, as amended, (Municipal Act,
2001) provides that the powers of a municipality under any Act shall be interpreted broadly so
as to confer broad authority on municipalities to enable them to govern their affairs as they
consider appropriate, and to enhance their ability to respond to municipal issues;
And whereas Section 11(2) (6) and (8) of the Municipal Act, 2001, authorizes municipalities to
pass by-laws respecting the health, safety and well-being of persons and the protection of
persons and property;
And whereas the Council of the Corporation of the City of Pickering considers it important to
enact a by-law to require the registration of additional dwelling units in the City of Pickering in
order to protect persons, property and the health, safety and well-being of Pickering residents;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows:
1. Definitions
In this By-law,
(1) “Accessory” means a use or building naturally or normally incidental to,
subordinate to or exclusively devoted to a principal use or building and located
on the same lot as the principal use or building;
(2) “Additional Dwelling Unit” means a self-contained unit in a detached dwelling,
semi-detached dwelling, block townhouse, street townhouse, or in a building
accessory to a detached dwelling, semi-detached dwelling, and block townhouse,
street townhouse on the same lot. The additional dwelling unit shall consist of
one or more rooms that are designed, occupied or intended for residential use,
including occupancy, by one or more persons as an independent and separate
residence in which cooking facilities, sleeping facilities and sanitary facilities are
provided for the exclusive use of such person or persons.
(3) “Applicant” means a person who applies for registration of an additional dwelling
unit and includes any person authorized in writing by an owner to apply for a
two-dwelling unit property registration certificate on the owner’s behalf;
By-law No. XXXX/23 Page 2
Draft
(4) “Building” means a structure occupying an area greater than 10.0 square metres
and consisting of any combination of walls, roof and floor but shall not include a
mobile home;
(5) “City” means The Corporation of the City of Pickering or the geographical area,
whatever the context requires;
(6) “Inspector” means a Building Inspector, Municipal Law Enforcement Officer or
Fire Inspector employed by the City of Pickering;
(7) “Owner” means the registered owner of the land on which the additional dwelling
unit(s) is (are) situated;
(8) “Registrar” means the Chief Building Official of the City of Pickering or their
designate;
2. Prohibition
No person shall occupy or permit the occupancy of an additional dwelling unit unless
the owner registers the property as required by this By-law.
3. Registration Applications
(1) To obtain registration, the owner or their applicant shall:
(a) submit a completed application on a form provided by the City;
(b) pay the prescribed fee in the amount as set out in Schedule “A” to this
By-law, or as amended by the approved Summary of Fees and Charges
By-law;
(c) arrange for an inspection of the additional dwelling unit by an Inspector, and
demonstrate compliance with all relevant standards set out in the Building
Code Act, Ontario Building Code, Fire Protection and Prevention Act,
Ontario Fire Code, as amended from time to time; and
(d) provide bona-fide evidence that the use of the property for the purposes of
more than one dwelling unit meets the applicable zoning provisions, or are
exempt from such provisions under the terms of the Planning Act, 1990;
(e) mount the address of the additional dwelling unit on the wall of the building
that faces a public street. The address numbers should measure no less
than 150mm in height. The mounted address should also identify the
location of the door to the additional dwelling unit.
(2) A property which has received approval for an additional dwelling unit through
the issuance of a building permit or change of use permit under the Building
Code Act and Ontario Building Code, is exempt from the requirements of (1)(c)
and (d) of this section where such permit explicitly authorized such use and
satisfactory final inspections have been completed.
By-law No. XXXX/23 Page 3
(3) The issuance of a building permit for structural or material alterations in
accordance with the Fire Protection and Prevention Act and Ontario Fire Code, is
applicable to the requirements of (1)(c) and (d) of this section.
(4) The Registrar shall issue a registration certificate for an additional dwelling unit
except where the additional dwelling unit proposed for registration does not
comply with the requirements of 5(1) of this by-law or any other applicable law,
as determined by the Registrar.
4. Register
(1) The Registrar shall maintain a written or electronic record respecting each
additional dwelling unit for which a registration certificate has been issued. Each
record shall include, at a minimum, the following particulars:
(a) the municipal address of the additional dwelling unit;
(b) the location of the additional dwelling unit on the lot (i.e. in the principal
dwelling or within an accessory building); and
(c) the registration date of the additional dwelling unit.
5. Refusal and Revocation of Registration
(1) The Registrar may refuse to register an additional dwelling unit unless the
Registrar is satisfied that the following conditions have been met:
(a) the application for registration has been prepared and submitted, including
payment of registration fees;
(b) the additional dwelling unit complies with all standards applicable at the time
of registration, and which may be prescribed by any of the following:
• the City’s Zoning By-law;
• the City’s Property Standards By-law;
• the Building Code Act, 1992, SO 1992, c 23;
• the Ontario Building Code, O Reg. 332/12;
• the Fire Protection and Prevention Act, 1997, SO 1997, c 4; and
• the Ontario Fire Code, O Reg. 213/07:
(2) The Registrar may revoke the registration of an additional dwelling unit which, at
any time after registration, ceases to meet the requirements set out in this By-law
or other applicable law, or where the Registrar determines that the registration
certificate was issued based on false or misleading information.
(3) Where the Registrar refuses or revokes the registration of an additional dwelling
unit, notice stating the reason for the refusal or revocation shall be given to the
owner of the property by regular mail.
6. Administration of this By-law
The Registrar may designate such persons as are necessary to administer this By-law.
By-law No. XXXX/23 Page 4
Draft
7. Offences and Penalties
(1) Any person, other than a corporation, who contravenes the provisions of this By-
law is guilty of an offence, and upon conviction, is liable:
________________________________
________________________________
(a) on a first conviction, to a fine of not more than $10,000.00; and
(b) on any subsequent conviction, to a fine of not more than $25,000.00.
(2) A corporation that contravenes any provision of this By-law, is guilty of an
offence, and upon conviction, is liable:
(a) on a first conviction, to a fine of not more than $25,000.00; and
(b) on any subsequent conviction, to a fine of not more than $50,000.00.
8. Repeal
(1) By-law 7579/17, as amended, is repealed.
By-law passed this XXth day of XXXX, 2023.
Draft Kevin Ashe, Mayor
Draft Susan Cassel, City Clerk
Schedule “A” to
By-law XXXX/23
Registration Fee of a Two-Dwelling Unit Property: $500.00
Attachment #1 to Information Report 05-23
Additional
Dwelling
Units
Open House
April 4, 2023, 6-8 p.m.
Provincial Legislation
The Planning Act was amended to increase the
supply of housing options (Bill 108 and Bill 23).
All municipalities must permit a maximum of two
ADUs on a property. This means that each
property can have up to three dwelling units:
In addition to the main dwelling, homeowners
can also have:
1. One ADU within the house; OR
2. Two ADUs within the house; OR
3. One detached ADU in the yard; OR
4. One ADU within the house and
one detached ADU in the yard.
Provincial Legislation
The following properties are
permitted to have up to two ADUs:
• Properties containing
A detached house,
A semi-detached house, or
A townhouse.
AND
• Properties that are serviced with
municipal water, and
municipal sewers.
ADUs in Rural Areas
Rural Area
Subject to
Minister’s Zoning Orders
Permits up to two ADUs
ADUs permitted within
the house and within
an accessory building
Within the
Greenbelt
Subject to
Minister’s Zoning Orders
Permits up to two ADUs
ADUs permitted within
the house and within an
EXISTING accessory building
Within the Oak
Ridges Moraine
Subject to
Minister’s Zoning Orders
ONE ADU permitted
within the house
What are
Additional
Dwelling
Units?
• Small residences that are constructed
inside a house, in the yard or over a
garage.
• An independent living space with its
own kitchen, bathroom and sleeping
area.
• Cannot be severed off to be sold
separately.
In-house Apartment Accessory Building
New Regulations for ADUs
Already
decided
PROVINCIAL REGULATIONS
• Where ADUs can locate
• No minimum size
• Maximum number of parking spaces
(no more than one parking space per
ADU)
Yet to be
decided
MUNICIPAL REGULATIONS
• Maximum size
• Maximum height
• Minimum distance to property
line
• Minimum number of parking
spaces
Regulations for all ADUs
Parking Spaces
Existing house
= Current zoning requirement
ADU
= Maximum 1 space per ADU
Regulations for all ADUs
Driveway Area
Driveway area
= Max. 70% of front yard
Landscaped area
= Min. 30% of front yard
Property Line
Property Line
Ma
x
i
m
u
m
70
%
Regulations for detached ADUs
Maximum Size
The lesser of…
Max. Lot Coverage
50% of Principal
Building
Max. Floor Area
Regulations for detached ADUs
Maximum Size
Lot = 5,000 sq.ft.
House footprint
= 1,000 sq.ft.
ADU = 650 sq.ft.
Max. Lot Coverage
Percentage of buildings
covering the lot
Example
• Lot = 5,000 sq.ft.
• Lot coverage = 33%* (1,650 sq.ft.)
• House footprint = 1,000 sq.ft.
• Max. detached ADU = 650 sq.ft.
* Lot coverage will differ by neighbourhood
Regulations for detached ADUs
Maximum Size
Living area =
2,000 sq.ft.
ADU = 1,000 sq.ft.
Size of Principal
Building
• No more than 50% of the
living area of the house
Example
• House living area = 2,000 sq.ft.
• Max. detached ADU = 1,000 sq.ft.
Regulations for detached ADUs
Maximum Size
ADU = 1,614 sq.ft.
Max Floor Area
• Not to exceed 150 sq.m.
(1,614 sq.ft.)
Permitted within:
•rear yard
•interior side yard Ext.
Int.
4’
4’
4’
(1.2m)
14’9”
(4.5 m)
Regulations for One-storey ADUs
Location and Height on the property
Ext.
7’10”
7’10”
(2.4m)
21’4”
(6.5 m)
Int.
7’10”
Regulations for Two-storey ADUs
Location and Height on the property
Permitted within:
• rear yard
• interior side yard
Process to construct an ADU
Building Permit
COST = Varies
Construction
COST = Varies ($50-$300 sq.ft.)
Registration
COST = $500