HomeMy WebLinkAboutBy-law 8036/23The Corporation of the City of Pickering
By-law No. 8036/23
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 dwelling unit, street
townhouse dwelling unit, or in a building accessory to a detached
dwelling, semi-detached dwelling, block townhouse dwelling unit, and
street townhouse dwelling unit on the same lot. The additional
dwelling unit shall consist of one or more rooms that are designed,
occupied or intended for residential 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.
By-law No. 8036/23 Page 2
b.5.21.1 is hereby amended:
5.21 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 as defined in the Official
Plan
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.
By-law No. 8036/23 Page 3
(d)an accessory dwelling unit is not permitted within an accessory
dwelling that is permitted in Rural Agricultural Zone.
5.32 ADDITIONAL DWELLING UNIT
Notwithstanding the provisions of 5.18, the following provisions shall
apply to any lots 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 dwelling unit, or street townhouse dwelling unit 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 dwelling unit, or street townhouse dwelling unit
provided there are no additional dwelling units contained within
an accessory building on the same lot.
(c)Notwithstanding 5.32 (a) and (b), additional dwelling units are not
permitted within any hazardous lands as determined by the
applicable Conservation Authority including, but not limited to,
the regulatory flood limits or erosion hazard limits and/or lands
that do not have safe access appropriate to the nature of the
development and the natural hazard.
(d)Notwithstanding 5.32 (a) and (b), an additional dwelling unit shall
not be permitted within an accessory building that is located
within Key Natural Heritage Features and/or Key Hydrological
Features, hazard lands as described in the Pickering Official Plan.
(e)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. For the
purpose of this regulation, if no lot coverage is provided in the
zone, the maximum lot coverage for all buildings will be 35%;
b.No more than 50% of the gross floor area of the detached
dwelling, semi-detached dwelling, block townhouse dwelling
unit, or street townhouse dwelling unit on the same lot; and
c.A maximum 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 1.
By-law No. 8036/23 Page 4
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
(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 or private street. No encroachment is permitted to obstruct
this path of travel. The path of travel may be shared and used
jointly by more than one dwelling unit on the lot.
(h)A home-based business is permitted within an additional dwelling
unit.
(i)The provision of on-site parking shall not reduce the landscaped
area in the corresponding yard below the amounts listed in Table 2.
Table 2 – Minimum Landscaped Open Area In All Yards Used for Parking
Lot Frontage 0.0 – 12.0 metres Greater than
12.0 metres
Min. landscaped open
area in all yards used
for parking
30% 45%
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.
By-law No. 8036/23 Page 5
4.Effective Date
This By-law shall come into force in accordance with the provisions of the Planning Act.
By-law passed this 25th day of September, 2023.
_Original Signed By_______________________________
Kevin Ashe, Mayor
_Original Signed By_______________________________
Susan Cassel, City Clerk