HomeMy WebLinkAboutPLN 29-23Report to
Planning & Development Committee
Report Number: PLN 29-23
Date: September 5, 2023
From: Kyle Bentley
Director, City Development & CBO
Subject: City Initiated Official Plan Amendment 49
- Changes to the policies and regulations for Additional Dwelling Units
- File: OPA 23-002/P
Recommendation:
1. That Official Plan Amendment Application OPA 23-002/P, initiated by the City of
Pickering, to amend existing policies and introduce new policies related to additional
dwelling units, as set out in Exhibit ‘A’ to Appendix I to Report PLN 29-23, be approved;
2. That the Draft By-law to adopt Amendment 49 to the Pickering Official Plan, to amend
existing policies and introduce new policies to the Pickering Official Plan with regard to
additional dwelling units, as set out in Appendix I to Report PLN 29-23, be enacted;
3. That Zoning By-law Amendment Application A 04/23, initiated by the City of Pickering, to
implement Official Plan Amendment 49, be approved, and that the Recommended Draft
Zoning By-law Amendments as set out in Appendices ll to VII to Report PLN 29-23 be
finalized and forwarded to Council for enactment;
4. That the Additional Dwelling Unit Registration By-law, as set out in Appendix VIII to
Report PLN 29-23, be enacted; and
5. That a copy of the staff report, the adopting by-law, and two copies of the adopted
Amendment be forwarded to the Region of Durham.
Executive Summary: On November 28, 2022, Bill 23, the More Homes Built Faster Act,
received Royal Assent, which requires municipalities to permit up to two additional dwelling
units (ADUs) on all urban (serviced) properties that contain a detached dwelling, semi-detached
dwelling, block townhouse dwelling and/or street townhouse dwelling. Adopting clear policies
and regulations that support ADUs will create an opportunity for these unique forms of housing
to be accommodated within the City and ensure that they are compatible with existing
residential development. ADUs exclusively are not the solution to affordable housing, but they
are one part of addressing critical housing needs in Pickering.
Financial Implications: No direct costs to the City are anticipated as a result of the
adoption of the recommendations of this report.
PLN 29-23 September 5, 2023
Subject: City Initiated Official Plan Amendment 49 Page 2
1. Description and Benefits of Additional Dwelling Units
Additional Dwelling Units (ADUs) are self-contained units that may be located in a detached
dwelling, semi-detached dwelling, block townhouse dwelling unit, street townhouse
dwelling unit, or in an accessory building located on the same lot as the dwelling types
listed above. An ADU consists of one or more rooms intended for residential occupancy
as an independent and separate residence. As such, ADUs include their own cooking,
sleeping, and sanitary facilities. Access to an ADU can be provided either from an exterior
door or from a common hallway.
ADUs can support a range of housing options from market-rate rentals to alternative
housing options for extended families, elderly parents, or live-in caregivers. They help
create mixed-income neighbourhoods, and provide alternatives for residents wishing to
“age in place”. ADUs gently densify existing neighbourhoods by making efficient use of
existing municipal services.
Currently, existing ADUs located in basements are only universally accessible if the grade
of the property permits a basement walkout. The proposed ADU regulations will also
permit the construction of detached units, which are at-grade, and can provide an
accessible entrance.
ADUs are not, by definition, affordable housing. However, properties containing ADUs will
permit property owners to draw rental income (either short or long-term). This will assist in
making home ownership more attainable, while at the same time increasing housing
within neighbourhoods that are supported by existing services and amenities.
While ADUs are not subject to development charges, (a combined savings of between
$40,000.00 to $62,000.00 from City, Regional, and school board charges), the costs of
construction can be significant, especially for detached ADUs. Therefore, it is difficult to
predict whether rents for newly constructed ADUs will be affordable. However, the
creation of more ADUs within the City will increase the number of rental units available in
the local market, and will be part of the solution to the current housing crisis.
2. Background
On November 28, 2022, Bill 23, the More Homes Built Faster Act, received Royal Assent.
Among other changes to the Planning Act, Bill 23 requires municipalities to permit up to two
ADUs on all urban (serviced) properties that contain a detached dwelling, semi-detached
dwelling, block townhouse dwelling and/or street townhouse dwelling. Municipalities are
also given the option to permit up to two ADUs on all rural (unserviced) properties
containing the same dwellings. For properties without piped water and sanitary servicing,
the ability to build any additional units would be subject to the approval of the Regional
Health Unit.
PLN 29-23 September 5, 2023
Subject: City Initiated Official Plan Amendment 49 Page 3
Figure 1 – Illustration of up to two ADUs on a property now permitted by Bill 23
While the Province has mandated the permission for ADUs in all communities across
Ontario, they have left it up to individual municipalities to design regulations that will
reflect local context and priorities (the only mandated requirements from the Province are
maximum parking requirements, and minimum floor area requirements). Since all
municipalities are in the midst of implementing the new ADU legislation, a comparative
analysis with other municipalities was not possible.
Draft regulations were prepared and presented to the public at an open house held on
April 4, 2023. A summary of the comments received at the open house are contained in
Information Report 05-23.
A Statutory Public Meeting was held on May 1, 2023, to present proposed amendments
to the Official Plan and all six Zoning By-laws. The proposed amendments would permit
up to two ADUs on all qualifying residential lots. Comments received from the public,
commenting agencies, and from members of the Planning & Development Committee at
the Public Meeting are addressed in this report, and have informed the final draft
amendments.
3. Public Comments
Three members of the public spoke at the Public Meeting. All three expressed support for
the City’s proposed ADU policies and regulations. In addition, comments were also raised
about:
• keeping the municipal approval costs low for new ADUs;
• the challenge of providing a 1.2 metre path of travel from the door of an ADU out to
the street; and
• the use of ADUs as short-term rentals.
The cost to a property owner for the municipal review and approval of a new ADU includes
the Building Permit fee (price determined by the size of the unit and the amount of
construction), and the ADU Registration fee ($500.00). As noted above, the Province of
Ontario already exempts ADUs from the payment of development charges.
The draft regulations require that a 1.2 metre path of travel be provided from the entrance
of an ADU to a public or private street. This is to ensure that there is safe access to and
from the unit for emergency personnel, who are providing aid and assistance to the
residents of the ADU (i.e., bringing out an ill resident on a stretcher). The same 1.2 metre
path of travel could serve multiple ADUs on a property.
Discussion on short-term rentals is contained in Section 4.1 of this report.
PLN 29-23 September 5, 2023
Subject: City Initiated Official Plan Amendment 49 Page 4
3.1. Survey of Existing ADU Property Owners
In addition to public comments received at the April Open House and the May Public
Meeting, the City Development Department invited all owners of legally registered ADUs
to participate in a survey. The purpose of the survey was to better understand the current
experience of those who own and operate ADUs in Pickering. The survey was also an
opportunity to inform these owners about the proposed regulations and invite their
comments. A summary of the survey results is contained in Attachment #2.
4. Committee Comments
During the Public Meeting on May 1, 2023, the Planning & Development Committee
raised some questions about the proposed regulations, and the type of construction that
would result from them. Those comments included:
• the potential impacts of using ADUs as short-term rentals;
• increasing the amount of landscape open area versus driveway space;
• permitted locations of ADUs on a property;
• ADU design requirements;
• minimum size of ADUs; and
• conversion of attached garages into ADUs.
4.1. Short-term Rentals (STRs)
A concern was raised about ADUs being used as STRs, where such homes may be
rented for parties, causing disruptive and unruly behavior from its occupants.
By definition, ADUs comprise either the second or third dwelling on a property. An ADU is
physically smaller in size than the whole home and is required to share amenities, such
as the driveway, and the yard. A property containing an ADU will have at least one other
resident/tenant on the same property. This should assist in managing any noise and
disturbance within the site before it reaches a level of it being disruptive to neighbouring
properties. Unlike the use of an entire home as a STR, an ADU used for a STR would not
offer the same conditions (large, unsupervised space) that has the potential to lead to
disruptive behavior in the first place.
It is worth noting that ADUs (i.e., basement apartments) are already permitted today.
None of the complaints received by Municipal Law Enforcement for STRs are related to
ADUs, but are instead from entire homes that have been rented as STRs. In the case of
ADUs, having more than one occupant/tenant on a lot means that there are other
households on-site and in close proximity that need to be respected. It is likely that lots
containing ADUs will continue to “self-police” themselves for noise and other
disturbances.
The changes mandated by the Province will lead to an increased number of ADUs within
the City. It is possible that some of those new units may be used as STRs. At the time of
construction, there is no way to determine whether an ADU will be used for long-term
rental, short-term rental, or for use by an extended family member (i.e., adult child or
senior parent). Furthermore, the use of an ADU may change over time as property
owners change and/or the needs of the current owner change.
PLN 29-23 September 5, 2023
Subject: City Initiated Official Plan Amendment 49 Page 5
The regulation of STRs in Pickering is being further investigated through a separate
process for report back to the Planning & Development Committee.
4.2. Landscaped Open Area
It is expected that some property owners may need to widen their driveways to
accommodate the additional parking needed for ADU tenants. The draft regulations
presented at the Public Meeting proposed a minimum of 30% of the front yard be
maintained as landscaped open area. A question was raised about whether the amount of
landscaped open area could be increased to 50% of the front yard.
Typical urban lot sizes in Pickering range from 15.0 metres (50 foot) to 9.0 metres (30 foot)
lots for detached dwellings to 7.5 metres (24.5 foot) lots for semi-detached dwellings and
6.0 metres (20 foot) lots for townhomes. It is expected that larger lots will possess the
greatest capacity for accommodating ADUs. However, the City has already seen some
townhouses being renovated to accommodate ADUs.
In order to ensure compliance with this legislation, the City cannot create regulations that
would overtly prohibit ADUs. In other words, the City cannot require the provision of
parking but not permit driveways to be widened to accommodate additional parking. City
regulations need to be practical and achievable.
The greater the landscaped open area in the front yard, the less area is available for
parking spaces. The fewer the parking spaces, the fewer the number of ADUs that can be
created.
Staff have modeled a number of scenarios to understand how much parking may be
required for ADUs, and how much space could be maintained for landscaped open areas.
As a result, the landscape open area requirements have been revised to provide an
alternative provision for lots with frontages greater than 12.0 metres, as set out in Table 1
below. The revised landscaped open area percentages will accommodate a minimum of
two outdoor parking spaces on the driveway for all properties. Larger properties will be
able to accommodate either two, or three, outdoor parking spaces, while also
accommodating more space for landscaped open areas.
Table 1 – Minimum Landscape 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%
In some instances property owners may have already widened their driveways greater
than what is permitted. In order to receive approval to construct an ADU, a property
owner will be required to first demonstrate conformity with the landscaped open area
requirements. This will mean that, in some instances, property owners will be required to
reduce the size of the existing driveway, and increase the amount of landscape open
space, to conform to zoning and thereby qualify for a building permit for an ADU.
PLN 29-23 September 5, 2023
Subject: City Initiated Official Plan Amendment 49 Page 6
4.3. Location of ADUs on the Property
All residential properties have a front yard setback that determines how close to the street a
dwelling can be built. This front yard setback applies equally to both the main house and a
detached ADU. In most urban neighbourhoods, the main house is built at or near the front
yard setback. This allows for a greater amount of space to be provided in the backyard.
However, there are circumstances, particularly in the rural area, where dwellings on large
lots were built far from the street. In those circumstances, it would be permissible for a
detached ADU to be constructed in the front yard of the property, between the house and
the street, while still maintaining the minimum front year setback (see Figure 2).
Figure 2 – Example of an ADU constructed in the front yard
In the case of a corner lot, a setback requirement is also provided from the exterior side
yard to determine how close the dwelling may be from the side street. This exterior side
yard setback applies equally to both the main house and the detached ADU (see Figure 3).
In urban neighbourhoods, the modest size of the lots, in combination with the front yard
and exterior side yard setbacks, will ensure that any detached ADUs are located in the
back yard.
PLN 29-23 September 5, 2023
Subject: City Initiated Official Plan Amendment 49 Page 7
Figure 3 – Example of ADU on a corner lot
4.4. ADU Design and Neighbourhood Character
In September 2021, Council approved the Infill and Replacement Housing (IRH) By-law
which is intended to ensure that new development, within an Established Neighbourhood
Precinct, complements and is compatible with the existing character of the established
neighbourhood. (That By-law was subsequently appealed to the Ontario Land Tribunal.)
The IRH By-law set unique zoning requirements for a variety of items including:
• maximum dwelling height;
• minimum and maximum front yard setbacks;
• lot coverage; and
• maximum driveway width.
The maximum size of detached ADUs throughout the City, including neighbourhoods
covered by the IRH By-law, will be limited to 50% of the maximum size of the main
dwelling on the property. In addition, the size of the detached ADU will also be limited by
the existing permitted lot coverage. For properties without a lot coverage requirement, a
maximum lot coverage of 35% will be used to calculate ADU size. This lot coverage
requirement is reflective of the lot coverage requirement that already applies to most
residential properties in Pickering.
On properties with an area of 2,000 square metres or less, the maximum height of
detached ADUs will be 4.5 metres. Within neighbourhoods covered by the IRH By-law,
the maximum height of the main house is 9.0 metres. The height of detached ADUs will
be complementary in size to the main house (see Figure 4).
Though smaller than the main house on the property, detached ADUs will be subject to
the same construction requirements in the Ontario Building Code. In conformity with the
Ontario Building Code, the owner will then be able to choose the building style and the
exterior cladding for the detached ADUs as they see fit.
PLN 29-23 September 5, 2023
Subject: City Initiated Official Plan Amendment 49 Page 8
Figure 4 – Maximum building heights for properties subject to the Infill and
Replacement Housing By-law
The minimum landscape open area requirements proposed by the ADU amendments will
not override the maximum driveway width requirements in the IRH By-law (if approved by
the Ontario Land Tribunal). Limits on driveway widths contained in the IRH By-law will
prevail over the permissions contained in the ADU amendments.
The minimum and maximum front yard setback requirements in the IRH By-law ensure
that new homes in this area will be constructed close to the street and approximately in
line with adjacent homes. As a result, there will be no space for detached ADUs to be
constructed in the front yard of properties under the IRH By-law.
The proposed ADU requirements, in combination with the IRH By-law, will offer flexibility
to property owners looking to construct detached ADUs while still maintaining the
character of the established neighbourhood.
4.5. Minimum size of ADUs
In permitting ADUs, the Planning Act expressly prohibits municipalities from setting
minimum floor area requirements. Instead, the Ontario Building Code sets out the
minimum building areas for the creation of a safe living space. However, the proposed
amendments will regulate the maximum floor area of an ADU.
4.6. Conversion of Attached Garages into ADUs
In some instances, property owners may choose to convert an existing, attached garage
in order to create an ADU attached to the main house. In principle, this conversion will be
permitted. However, property owners must ensure that they are still able to provide all
required parking for both the existing house and the new ADU. If the garage is needed to
provide required parking, the conversion will not be permitted.
5. Department and Agency Comments
Drafts of the proposed amendments were circulated to City staff (Engineering Services,
Building Services, Municipal By-Law Enforcement), Central Lake Ontario Conservation
Authority (CLOCA), Toronto and Region Conservation Authority (TRCA), and the Region
of Durham.
PLN 29-23 September 5, 2023
Subject: City Initiated Official Plan Amendment 49 Page 9
City staff have no objections to the proposed regulations.
Recommendations from CLOCA and TRCA, prohibiting ADUs from locating in hazard
lands, were incorporated into the latest draft amendments.
The Region of Durham has no issues with the proposed amendments as they are in
keeping with Provincial direction. The proposed amendment to the Official Plan is exempt
from Regional approval.
6. Revisions to Draft Regulations
Based on comments received at the Open House and the Public Meeting, the proposed
zoning by-law amendments contain the following revisions:
1. Clarified that detached ADUs will not be permitted within areas of a lot that are
hazard lands or subject to flooding.
2. Clarified that ADUs within the principle dwelling will not be permitted inside an
existing dwelling that is already at risk due to being located within hazard land or
located in part of a lot that is subject to flooding.
3. Clarified that all ADUs must provide a 1.2 metre path of travel from the door of the
unit to either a public or a private street. The 1.2 metre path of travel may be shared
and used jointly by more than one ADU and/or dwelling unit on the lot.
4. Increased the minimum landscape open area, for all yards used for parking, to 45%
for lots with frontages greater than 12.0 metres.
5. Added a 35% lot coverage requirement for the purposes of calculating the maximum
size of an ADU, for properties in zones that does not include this requirement.
6. Clarified that accessory dwellings in agricultural zones (“Bunkies” for farm labourers)
are still permitted.
7. Clarified that coach houses will continue to be permitted in addition to ADUs.
7. Minor Variances
The proposed zoning by-law amendments provide the criteria for permitting ADUs on a
lot. While the proposed regulations have been tested against a number of different
scenarios, it is expected that there will still be properties with unique conditions that may
prevent them from meeting the proposed regulations. In those situations, property owners
may submit a minor variance application to request relief from a given provision in the
by-law. Each minor variance application will be evaluated on its own merit. The approval
of a variance for one property is not precedent-setting and does not obligate the
Committee of Adjustment to reach a similar decision on a different property. The
description of regulation intents contained in Information Report 05-23 and PLN 29-23 will
be used to help evaluate those requests.
PLN 29-23 September 5, 2023
Subject: City Initiated Official Plan Amendment 49 Page 10
8. Review and Update as Required
The proposed zoning regulations will create the opportunity for new ADUs to be
constructed while also protecting the character of existing neighbourhoods. Some
properties will be unable to accommodate ADUs due to existing factors such as lot size,
principal dwelling size, insufficient on-site parking, lack of safe access to the proposed
apartments, and the presence of hazardous lands such as slopes and floodplains.
The new Provincial legislation has already motivated some property owners to investigate
the opportunity of constructing one or two ADUs on their lot. However, the general costs
of constructing legal ADUs will limit the number of ADUs that are created. As a result, it is
not expected that the City will be overwhelmed with permit applications for new ADUs as
a result of approving the proposed amendments.
Once the proposed amendments have been approved, staff will monitor the City’s
experience of new ADUs to evaluate if any changes are needed to effectively incorporate
ADUs into the City’s existing neighbourhoods.
9. Conclusion
Recommended Amendment 49, Recommended Draft By-law Amendments, and
Recommended Additional Dwelling Unit Registration By-law, incorporate modifications
that conform with the requirements under the Planning Act brought forward by Bill 23.
Staff recommendations:
a) That Council approve Recommended Amendment 49 to the Pickering Official Plan
by passing the by-law to adopt Amendment 49, as set out in Appendix I to Report
PLN 29-23;
b) That Zoning By-law Amendment Application A 04/23, initiated by the City of
Pickering, to implement Official Plan Amendment 49, be approved, and that the
Recommended Draft Zoning By-law Amendments as set out in Appendices ll to VII
to Report PLN 29-23 be finalized and forwarded to Council for enactment; and
c) That the Additional Dwelling Unit Registration By-law, as set out in Appendix VIII to
Report PLN 29-23, be enacted.
Appendices:
Appendix I Draft By-law to adopt Amendment 49 to the Pickering Official Plan
Appendix II Draft Zoning By-law Amendment (2511)
Appendix III Draft Zoning By-law Amendment (2520)
Appendix IV Draft Zoning By-law Amendment (3036)
Appendix V Draft Zoning By-law Amendment (3037)
Appendix VI Draft Zoning By-law Amendment (7364/14)
Appendix VII Draft Zoning By-law Amendment (7553/17)
Appendix VIII Draft Additional Dwelling Unit By-law
PLN 29-23 September 5, 2023
Subject: City Initiated Official Plan Amendment 49 Page 11
Attachments:
1.Extract from Information Report 05-23
2.Results from Survey of Existing ADU Property Owners
Prepared By:
Original Signed By
Paul Wirch, RPP
Principal Planner, Policy
Original Signed By
Déan Jacobs, MCIP, RPP
Manager, Policy & Geomatics
Approved/Endorsed By:
Original Signed By
Catherine Rose, MCIP, RPP
Chief Planner
Original Signed By
Kyle Bentley, P. Eng.
Director, City Development & CBO
PW :ld
Recommended for the consideration
of Pickering City Council
Original Signed By
Marisa Carpino, M.A.
Chief Administrative Officer
Appendix I to
Report PLN 29-23
Draft By-law to Adopt Amendment 49
to the City of Pickering Official Plan
The Corporation of the City of Pickering
By-law No. XXXX/23
Being a By-law to adopt Amendment 49 to the Official
Plan for the City of Pickering (OPA 23-002/P)
Whereas pursuant to the Planning Act, R.S.O. 1990, c.p. 13, subsections 17(22) and 21(1),
the Council of The Corporation of the City of Pickering may by by-law adopt amendments to
the Official Plan for the City of Pickering;
And whereas pursuant to Section 17(10) of the Planning Act, the Minister of Municipal Affairs
and Housing has by order authorized Regional council to pass a by-law to exempt proposed
area municipal official plan amendments from its approval;
And whereas on February 23, 2000 Regional Council passed By-law 11/2000 which allows
the Region to exempt proposed area municipal official plan amendments from its approval;
And whereas the Region has advised that Amendment 49 to the City of Pickering Official
Plan is exempt from Regional approval;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. That Amendment 49 to the Official Plan for the City of Pickering, attached hereto as
Exhibit “A”, is hereby adopted;
2. That the City Clerk is hereby authorized and directed to forward to the Regional
Municipality of Durham the documentation required by Procedure: Area Municipal
Official Plans and Amendments;
3. This By-law shall come into force and take effect on the day of the final passing hereof.
By-law passed this XX day of XXXX, 2023.
___________________________________
Kevin Ashe, Mayor
___________________________________
Susan Cassel, City Clerk
Exhibit “A” to By-law XXXX/23
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) on a lot.
These changes included:
• allowing municipalities to effectively allow up to three residential units on a
single lot, being one additional unit in the single detached, semi-detached,
block townhouse dwelling unit, or street townhouse dwelling unit; or one
additional unit in an accessory structure on the lot supporting the single
detached, semi-detached, block townhouse dwelling unit or street townhouse
dwelling unit; or two additional units in the single, semi-detached, block
townhouse dwelling unit or street townhouse dwelling unit; or one additional
unit in the existing dwelling and one additional unit on the 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 serviced
lot. In addition, those two ADUs may now both be located within a detached
dwelling, semi-detached dwelling, block townhouse unit, or street townhouse
unit.
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 deleting
the word “and” at the end of policy 3.9 (d); and adding the word “and” at the end of
policy 3.9 (e); and adding new subsection (f) as follows:
“(d) …; and
(e) ….; and
(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 deleting
the word “and” at the end of policy 6.3 (c); and adding the word “and” at the end of
policy 6.3 (d) (iv); and adding new subsection (e) as follows:
“(c) …; and
(d) ….; and
(e) permitting additional dwelling units on any property that contains a
single detached dwelling, semi-detached dwelling, block townhouse
dwelling unit or street townhouse dwelling unit, in conformity with
Provincial policy and any other applicable legislation.”
4. 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”
5. 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 single detached dwelling,
semi-detached dwelling, block townhouse dwelling unit or street
townhouse dwelling unit and one additional dwelling unit within a
building accessory to a single detached dwelling, semi-detached
dwelling, block townhouse dwelling unit or street townhouse
dwelling unit, on the same lot. The additional dwelling unit within an
accessory building shall not be located within a Key Natural
Heritage Feature, Key Hydrological Feature, or hazardous lands;
(b) permit two additional dwelling units in a single detached dwelling,
semi-detached dwelling, block townhouse dwelling unit or street
townhouse dwelling unit provided that no additional dwelling unit
exists within a building accessory to a single detached dwelling,
semi-detached dwelling, block townhouse dwelling unit or street
townhouse dwelling unit, on the same lot. The additional dwelling
units shall not be permitted where the existing dwelling, is located
within hazardous lands;
Proposed Amendment 49 to the Pickering Official Plan Page 3
(c) notwithstanding Sections 6.7 (a) and 6.7 (b), within the Oak Ridges
Moraine, as shown on Schedule I 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;
(e) require all additional dwelling units to be registered with the City;
and
(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.”
6. Revising City Policy 8.2, Cultural Heritage Objectives, in Chapter 8 – Cultural Heritage,
by deleting the word “and” at the end of policy 8.2 (e); and adding the word “and” at
the end of policy 8.2 (f); and 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.”
Proposed Amendment 49 to the Pickering Official Plan Page 4
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 detached, and semi-detached,
block townhouse units and street townhouse units that containing
accessory additional dwelling units within the principal building and/or on
the property;”
9. Revising City Policy 15.15, Glossary, in Chapter 15 – Implementation, by adding in
alphabetical order a new definition as follows:
“Additional Dwelling Unit means a self-contained unit in a detached dwelling,
semi-detached dwelling, block townhouse dwelling unit, street townhouse
dwelling unit, or within a building accessory to a detached dwelling, semi-
detached dwelling, block townhouse dwelling unit, or 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.”
Implementation: The provisions set forth in the City of Pickering Official Plan, as
amended, regarding the implementation of the Plan shall apply in regard
to this Amendment.
Interpretation: The provisions set forth in the City of Pickering Official Plan, as
amended, regarding the interpretation of the Plan shall apply in regard to
this Amendment, except as revised by this amendment.
OPA 23-002/P
City Initiated
Appendix II to
Report PLN 29-23
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 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 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. 5.19 (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
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 as defined in the Official
Plan
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 dwelling unit, or street townhouse dwelling unit
and a maximum of one additional unit is permitted within an
accessory building on the same lot.
By-law No. XXXX/23 Page 3
(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 5.33 (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 5.33 (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 1.
Table 1 – Height and Setback Requirements
Lots with an area of
2,000 sq.m. or less
Lots with an 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
By-law No. XXXX/23 Page 4
Lots with an area of
2,000 sq.m. or less
Lots with an area
greater than 2,000 sq.m.
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 5.8, 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 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
open 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 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.
By-law No. XXXX/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 XXth day of XXXX, 2023.
________________________________
Kevin Ashe, Mayor
________________________________
Susan Cassel, City Clerk
Appendix III to
Report PLN 29-23
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 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 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. 5.19 (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
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 as defined in the Official
Plan
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 dwelling unit, or street townhouse dwelling unit
and a maximum of one additional unit is permitted within an
accessory building on the same lot.
By-law No. XXXX/23 Page 3
(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 5.33 (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 5.33 (a) and (b), additional dwelling units are not
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 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.
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
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
(g) 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 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 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.
By-law No. XXXX/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 XXth day of XXXX, 2023.
________________________________
Kevin Ashe, Mayor
________________________________
Susan Cassel, City Clerk
Appendix IV to
Report PLN 29-23
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 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. XXXX/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. XXXX/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 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 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. XXXX/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. XXXX/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 XXth day of XXXX, 2023.
________________________________
Kevin Ashe, Mayor
________________________________
Susan Cassel, City Clerk
Appendix V to
Report PLN 29-23
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 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. XXXX/23 Page 2
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 as defined in the Official
Plan
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
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 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 5.31 (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 5.31 (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) 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 dwelling unit, street townhouse
dwelling unit; and/or
ii. Within an existing accessory building that was
constructed legally 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.
By-law No. XXXX/23 Page 4
(f) 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.
(g) 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
(h) 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.
(i) A home-based business is permitted within an additional dwelling
unit.
By-law No. XXXX/23 Page 5
(j) The provision of on-site parking for additional dwelling units shall
not reduce the landscaped open 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. 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.
4. 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
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
Appendix VI to
Report PLN 29-23
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 7364/14, 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. XXXX/23 Page 2
2.13 Additional 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 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. XXXX/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. XXXX/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. XXXX/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 XXth day of XXXX, 2023.
________________________________
Kevin Ashe, Mayor
________________________________
Susan Cassel, City Clerk
Appendix VII to
Report PLN 29-23
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 7553/17, 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:
2.7 Accessory Dwelling UnitAdditional Dwelling Unit
2. How to Read and Use This By-law
a. Introductory text to Zoning By-law 7553/17, “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:
a) a total of three (3) parking spaces are provided on the property
where the accessory dwelling unit is located
By-law No. XXXX/23 Page 2
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 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 2.7 (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 2.7 (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.
By-law No. XXXX/23 Page 3
(f) An accessory building containing an additional dwelling unit shall
conform with the height and setback requirements of Table 1A.
Table 1A – 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 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 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 1B.
Table 1B – Minimum Landscaped Area In All Yards Used for Parking
Lot Frontage 0.0 – 12.0 metres Greater than
12.0 metres
Min. landscaped area in
all yards used for
parking
30% 45%
By-law No. XXXX/23 Page 4
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 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
5. Section 4 – Permitted Uses and Zone Regulations
a. Section 4.1 is hereby amended as follows:
Accessory Additional Dwelling Unit
Notes:
5. use shall be permitted within a detached dwelling, semi-detached
dwelling, and street townhouse dwelling unit, and block townhouse
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 dwelling unit, street
By-law No. XXXX/23 Page 5
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.
7. Section 6 Exceptions
a. Section 6.5.1 is hereby amended as follows:
b) Accessory Additional Dwelling Unit is permitted within an existing
detached dwelling in accordance with Section 2.7 of this By-law
8. 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.
9. 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
Appendix VIII to
Report PLN 29-23
Draft Additional Dwelling Unit By-law
The Corporation of the City of Pickering
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 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.
(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
(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
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.
________________________________
Kevin Ashe, Mayor
________________________________
Susan Cassel, City Clerk
Schedule “A” to
By-law XXXX/23
Registration Fee of an Additional Dwelling Unit: $500.00
Attachment #1 to Report PLN 29-23
Extract from Information Report 05-23
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)
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.
Attachment #2 to Report PLN 29-23
Results from Survey of Existing ADU Property Owners
A survey was created for all property owners with legally registered ADUs in Pickering. An
invitation to the survey was mailed out on July 26, 2023. By August 15, 2023, 62 people had
completed the survey. The results of the survey are summarized below.
84% of respondents live on the property that they own while 16% rent out both the house and
the basement apartment.
For properties with a legal ADU where the owner resides on the property:
•61% currently rent to a long-term tenant
•20% plan to rent their apartment in the future
•14% have no plans to rent their apartment
•6% have family members living in the apartment
•0% use the apartment for short-term rentals
For properties with a legal ADU where the owner does not reside on the property:
•100% currently rent, or are preparing to rent, to long-term tenants
Size of legally registered ADUs:
•One-bedroom = 48%
•Two-bedroom = 50%
•Three or more bedrooms = 2%
There is a wide range of rental rates for legally registered ADUs.
•$1,000/month or less = 11%
•$1,001-$1,500/month = 45%
•$1,501-$2,000/month = 39%
•$2,001/month or more = 5%
40% of property owners with legally registered ADUs would consider constructing a second
ADU – either in the existing building or elsewhere on their property. The cost of constructing a
second ADU is likely the primary consideration of most property owners. Aside from cost, the
main obstacle property owners identified for not proceeding with a second ADU was a lack of
space – either in the existing building or on their property.
A number of respondents also mentioned that their properties would not be able to provide
enough parking for a second ADU. One of the repeated suggestions made was for the City to
consider reducing parking requirements or issuing on-street parking permits for those
properties that could not provide parking for ADUs on their own property.