HomeMy WebLinkAboutBy-law 8038/23The Corporation of the City of Pickering
By-law No. 8038/23
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 7364/14, 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.The Table of Contents 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.
By-law No. 8038/23 Page 2
2.13 Additional Dwelling Unit
Notwithstanding the provisions of 2.15, 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 detached dwelling, semi-detached dwelling,
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 2.13 (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 2.13 (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 as described in the Pickering Official Plan.
(e)Where an additional dwelling unit is located within an accessory
building the 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 32.
By-law No. 8038/23 Page 3
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
Interior Side Yard
Setback min.
(metres)
1.2 1.2 2.4
Rear Yard
Setback min.
(metres)
1.2 1.2 2.4
(h)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 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.
(i)A home-based business is permitted within an additional dwelling
unit.
(j)The provision of on-site parking shall not reduce the landscaped
open area in the corresponding yard below the amounts listed in
Table 33. Where the existing zoning regulates minimum
landscaped open space the most permissive regulation shall
prevail.
Table 33 – 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%
By-law No. 8038/23 Page 4
b.2.15 (g) is hereby amended as follows:
2.15 Accessory Buildings and Structures
(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.
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
Use LD-1 LD1-T LD1-HL LD2 LD2-M MD-DS MD-M HD
Accessory Additional
Dwelling Unit * * * * * * * 4
Notes:
4.Permitted within a street townhouse dwelling unit and an accessory building on
the same lot in accordance with 2.13.
5.Section 5 Mixed Use Zone Regulation
a.Section 5.1 is hereby amended as follows:
5.1 Uses Permitted
Table 12: Permitted Uses in Mixed Use Zones
Use MC1 MC2 MC3 MCC LN CN CN-PP
Accessory Additional
Dwelling Unit * * 3 3 3
Notes:
3.Permitted within a block townhouse dwelling unit and an accessory building on
the same lot in accordance with 2.13.
By-law No. 8038/23 Page 5
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 dwelling unit, street
townhouse dwelling unit, or in a building accessory to a detached dwelling,
semi-detached dwelling, and 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.
“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.
“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.
7.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.
8.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