HomeMy WebLinkAboutBy-law 8250/26The Corporation of the City of Pickering
By-law No. 8250/26
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, being Part of Lots 17 and 18, Concession 1,
Now Parts 1 to 6, 40R-11780, Part 13, 40R-15636, Parts 1 to 3 and
5 to 11, 40R-20443, and Part 3, 40R-31322 (A 05/22)
Whereas the Council of The Corporation of the City of Pickering deems it desirable to permit a
multi-phased, high-density, mixed-use development consisting of thirteen residential towers, a
new public park, commercial and office space, and a new public and private road network on
the lands being Part of Lots 17 and 18, Concession 1, Now Parts 1 to 6, 40R-11780, Part 13,
40R-15636, Parts 1 to 3 and 5 to 11, 40R-20443, and Part 3, 40R-31322, in the City of
Pickering;
And whereas an amendment to Zoning By-law 3036, as amended by By-laws 6549/05,
7176/11, and 8036/23, is therefore deemed necessary;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows:
1.Schedules I, II, III, IV, V, and VI
Schedules I, II, III, IV, V, and VI to this By-law with notations and references shown
thereon are hereby declared to be part of this By-law.
2.Area Restricted
The provisions of this By-law shall apply to those lands being Part of Lots 17 and 18,
Concession 1, Now Parts 1 to 6, 40R-11780, Part 13, 40R-15636, Parts 1 to 3 and 5 to
11, 40R-20443, and Part 3, 40R-31322, in the City of Pickering, designated “MU1” and
“OS” on Schedule I to this By-law.
3.General Provisions
1.No building, structure, land, or part thereof shall hereafter be used, occupied,
erected, moved, or structurally altered except in conformity with the provisions of this
By-law.
2.Frontage on a Street
i)Notwithstanding any other provision in this By-law, no person shall be
permitted to erect any building or structure on any lot in any zone unless the
lot has frontage on a street.
ii)Where a building is developed abutting a private street, such private street
shall be deemed to be a street for purposes of applying provisions 3.2 i)
above.
By-law No. 8250/26 Page 2
3.Where a lot abuts a daylight triangle, the setback provisions shall be measured as if
the daylight triangle did not exist, provided all buildings are setback 0.6 metres from
the daylight triangle, with the exception of window wills, belt courses, cornices,
eaves, and eave troughs, which may project to within 0.3 metres of the daylight
triangle.
4.Zone/Block Boundaries
i)If the zone boundary as shown on Schedule I:
a)is following a street, private street, lane, right-of-way for a future roadway,
railway right of way, electric transmission line right of way or watercourse,
then the centreline of the street, lane, right-of-way for a future roadway,
railway right-of-way, electric transmission line right of way, municipal
boundary or watercourse is the boundary; or
b)is substantially following the lot lines shown on a registered plan of
subdivision, then the lot lines are the boundary; or
c)does not meet the above scenarios, then the zone boundary shall be
scaled from the zoning maps on Schedule I.
4.Definitions
In this By-law,
(1)Accessory: means a use, building or structure naturally or normally incidental to,
subordinate to or exclusively devoted to a principal use or building or structure
and located on the same lot as the principal use, building, or structure.
(2)Active at Grade Frontage: means the ground floor of a building facing a street
line, with transparent glazing and accessed from the street through a primary
entrance door for uses such as restaurants, food and retail stores, and/or
community uses, garage doors, services doors and loading doors are not
permitted along the street line of an active at grade frontage.
(3)Air Conditioner: means any mechanical equipment installed outdoors including
central air conditioning units, heat pumps, heat exchange units, emergency
generators and other such equipment.
(4)Aisle: means an internal vehicle route immediately adjacent to a parking space or
loading space which provides vehicular access to and from the parking space or
loading space and is not a driveway.
(5)Amenity Area: means the passive or active recreational area provided on a lot for
the personal, shared or communal use of the residents of associated dwelling
units, and includes balconies, patios, rooftop gardens and other similar features,
but does not include indoor laundry or locker facilities. Amenity area includes
common outdoor amenity area.
By-law No. 8250/26 Page 3
(6)Amenity Area, Common Outdoor: means an amenity area which is provided
outdoors and available for the shared or communal use of all residents of any
associated dwelling units.
(7)Angular Plane: means an imaginary flat surface projecting over a lot, at an
inclined angle measured up from the horizontal.
(8)Animal Care Establishment: means a building, structure or part thereof, where
dogs and cats and other domesticated animals, including livestock, are groomed
and/or kept for a fee on a daily basis, excluding overnight boarding and outdoor
facilities.
(9)Art Gallery/Studio: means premises used for the creation, exhibition, collection
and/or preservation of works of art for public viewing and sale and may include
educational classes.
(10)Balcony: means an attached covered or uncovered platform projecting from the
face of an exterior wall, including above a porch, which is only directly accessible
from within a building, usually surrounded by a balustrade or railing, and does not
have direct exterior access to grade.
(11)Bay Window: means a window with at least three panels set at different angles to
create a projection from the outer wall of a building, and includes a bow window.
(12)Bed and Breakfast: means the provision of lodging with or without meals for the
travelling public within a detached dwelling. A bed and breakfast shall not include
a short-term rental.
(13)Block: means all land fronting on one (1) side of a street between the nearest
streets, intersecting, meeting or crossing said street.
(14)Building: means a structure occupying an area of at least 10.0 square metres
and consisting of any combination of walls, roof and floor but shall not include a
mobile home.
(15)Car Share Service: means a service that provides motor vehicles solely for the
shared use of members of that service, and does not include an automobile
rental establishment or automobile dealership.
(16)Club: means a building or part of a building used for a social, cultural, athletic or
recreational club, fraternal organization or community or educational uses.
(17)Commercial Fitness/Recreational Centre: means a commercial establishment
that has been designed for conduct of sport, athletic and leisure activities such as
squash courts, swimming pools, exercise classes and other similar indoor
recreational facilities are provided and operated for gain or profit, but does not
include an adult entertainment establishment, a casino or place of amusement.
(18)Commercial Use: means any use the primary purpose of which is to sell, lease or
rent a product or service directly to the public, including but not limited to retail
sales, entertainment services and personal or professional services, but shall
By-law No. 8250/26 Page 4
exclude residential uses, an adult entertainment establishment and dating/escort
service.
(19)Commercial Vehicle: means a motor vehicle used for commercial purposes, and
shall include ambulances, hearses, motor buses, and fire apparatus.
(20)Community Centre: means a multi-purpose facility that offers a variety of programs
or a recreational, cultural, day care, social, community service, informational or
instructional in nature.
(21)Community Garden: means a communal garden provided for the sole use of the
public to produce flowers, herbs, fruits or vegetables and activities associated
with gardening, but does not include any processing or packaging, commercial
sales, or the raising of livestock or animals including poultry.
(22)Community Use: means a use that has the primary purpose of serving the
educational, recreational, or governmental needs of the general community,
including but not limited to a library, community centre, emergency service
facility, or post office.
(23)Convenience Store: means a retail store where articles for sale are restricted to a
limited range of goods, primarily food, toiletries, housewares, stationary, and
other similar daily household necessities, but does not include a Food Store.
(24)Construction Vehicle: means a vehicle ordinarily used for building and construction
purposes, such as a dump truck, bulldozer, back-hoe, or grader, and ancillary
equipment used thereto.
(25)Day Care Centre: means:
i.Indoor and outdoor premises where more than five (5) children are provided
with temporary care and/or guidance for a continuous period but does not
provide overnight accommodation and are licensed in accordance with the
applicable Provincial Act; or
ii.Indoor and outdoor premises in which care is offered or supplied on a regular
schedule to adults for a portion of a day but does not provide overnight
accommodation.
(26)Daylight Triangle: means an area free of buildings, structures, fences and
hedges more than 0.9 of a metre in height and which area is to be determined by
measuring, from the point of intersection of street lines on a corner lot along each
such street line and joining such points with a straight line. The triangular-shaped
land between the intersecting street lines and the straight line joining the points
the required distance along the street lines is the daylight triangle.
(27)Development Agreement: means an executed contract between a
developer/property owner and the City of Pickering, and could include a public
agency/board that is required in order to implement development, and may
include a subdivision agreement, site plan agreement, or other similar
agreements for development.
By-law No. 8250/26 Page 5
(28)District Energy Facility: means a centrally located facility or linked facilities that
generates and distributes thermal energy (steam and/or hot and cold water) to
end users through an underground pipeline distribution system and generates
electricity, including electricity for supply to the grid.
(29)Driveway: means an internal roadway used to provide vehicular access from a
street or lane to an off-street parking space, loading space or aisle.
(30)Dry-Cleaning Distribution Centre: means a premises used for the purpose of
receiving articles or goods of fabric to be laundered or dry-cleaned elsewhere
and does not include a dry-cleaning establishment.
(31)Dry-Cleaning Establishment: means a premises in which the business of laundry
or dry-cleaning is housed and where the cleaning, drying, ironing, and finishing of
such goods is conducted.
(32)Dwelling: means a building containing one (1) or more dwelling units.
(33)Dwelling, Apartment: means a residential use building containing four (4) or more
principal dwelling units where the units are connected by a common corridor or
vestibule, other than a townhouse dwelling or stacked townhouse dwelling.
(34)Dwelling, Back-to-Back Townhouse: means a residential use building containing
four (4) or more attached principal dwelling units divided vertically where each
unit is divided by common walls, including a common rear wall without a rear
yard setback, and whereby each unit has an independent entrance to the unit
from the outside accessed through the front yard or exterior side yard.
(35)Dwelling, Block Townhouse: means a residential use building containing three (3)
or more attached principal dwelling units divided vertically, and where all dwelling
units are located on one (1) lot and accessed from a private street, laneway, or
common condominium driveway or aisle.
(36)Dwelling, Live Work: means a townhouse dwelling or stacked townhouse
dwelling, where the ground floor only, or part thereof, may be used for
commercial uses as permitted by this By-law, except that the basement may be
used for storage for the commercial use, and where the commercial and
residential components can be accessed by a common internal entrance while
constructed as separate units.
(37)Dwelling, Stacked Townhouse: means a residential building of four (4) or fewer
storeys in height containing three (3) or more principal dwelling units where the
units are divided horizontally and/or vertically, and in which each dwelling unit
has an independent entrance to the interior.
(38)Dwelling, Street Townhouse: means a residential building containing three (3) or
more attached principal dwelling units divided vertically and where all dwelling
units are located on a street.
(39)Dwelling Unit: means a residential unit that:
i.Consists of a self-contained set of rooms located in a building or structure;
By-law No. 8250/26 Page 6
ii.Is used or intended for use as a residential premises;
iii.Contains kitchen and bathroom facilities that are intended for the use of the
unit only; and
iv.Is not a mobile home or any vehicle.
(40)Dwelling Unit, Additional: means a self-contained dwelling unit in a block townhouse
dwelling unit or street townhouse dwelling unit. The additional dwelling unit shall
consist of one (1) or more rooms that are designed, occupied or intended for
residential occupancy, by one (1) 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.
(41)Existing: means existing as of the date of the final passing of this By-law.
(42)Farmers’ Market: means a building, part of a building or open area, on a
temporary or permanent basis, where a majority of the vendors shall be primary
producers of agricultural products grown within the Province of Ontario that are
offered for sale directly to the general public, but may also feature other vendors
who offer prepared foods and artisan crafts as well as provide entertainment and
community information.
(43)Financial Institution: means a building or portions of a building used for the
purposes of administering or providing financial services to the public, other than
exclusively through an automated banking machine.
(44)Floor Area: means the total area of all floors of a building within the outside walls.
(45)Floor Area, Net: means the total area of all floors of a building measured from the
interior faces of the exterior walls or demising walls, but does not include the
following areas:
i.Motor vehicle parking and bicycle parking below average grade;
ii.Motor vehicle parking and bicycle parking at or above average grade;
iii.Loading spaces and related corridors used for loading purposes;
iv.Rooms for storage, storage lockers, washrooms, electrical, utility,
mechanical and ventilation;
v.Indoor amenity area space required by this By-law;
vi.Elevator, garbage and ventilating shafts;
vii.Mechanical penthouse;
viii.Porches, non-walk-in bay windows, attics, basements, enclosed or roofed
walkways; and
ix.Stairwells in the building.
By-law No. 8250/26 Page 7
x.Areas within a building leased, owned or used as an Elementary School,
Secondary School or a Post-Secondary School;
xi.Areas within a building leased, owned or used by a public authority.
(46)Floor Space Index (FSI): means the total net floor area of all buildings on a lot
divided by the total lot area.
(47)Food Store: means premises that sells food and other non-food items, primarily
on a self-service basis.
(48)Frontage: means that part of a lot that abuts a street measured along the street
line.
(49)Garage, Private: means a building, structure or part thereof, including a carport,
used for the parking of motor vehicles having adequate access to a driveway.
(50)Grade or Average Grade: means the average elevation of the finished level of
the ground adjoining all exterior walls of a building. When used with reference to
street townhouse dwellings, average grade is measured at the front of such
building.
(51)Green Roof: means an extension to a building's roof that allows vegetation to
grow in a growing medium.
(52)Gross Floor Area: means the total area, expressed in square metres of each floor
whether located above, at or below grade, measured between the exterior faces
of the exterior walls of the building at each floor level but excluding any porch,
veranda, cellar, mechanical room or penthouse, or areas dedicated to parking
within the building. For the purposes of this definition, the walls of an inner court
shall be deemed to be exterior walls.
(53)Gross Leasable Floor Area (GLFA): means the total floor area designed for
tenant occupancy and exclusive use, including basements, mezzanines and
upper floor areas, if any. GLFA is expressed in square metres and measured
from the centre line of joint partitions and from outside wall faces.
(54)Ground Floor: means the floor of a building at or first above average grade.
(55)Ground Floor Area: means the gross floor area only on the ground floor.
(56)Height: means the vertical distance between the average grade, and in the case
of a flat roof, the highest point of the roof surface or parapet wall, or in the case
of a mansard roof the deck line, or in the case of a gabled, hip, or gambrel roof,
the mean height level between eaves and ridge. When the regulation establishes
height in storeys, means the number of storeys.
(57)Home Occupation: means the accessory use of a dwelling unit for an occupation
or business, where the dwelling unit is the principal residence of the business
operator.
By-law No. 8250/26 Page 8
(58)Hotel: means a building, or group of buildings, each containing sleeping
accommodation, catering primarily to the traveling public, for rent or hire for
temporary lodging. A hotel may also include restaurant, public hall and accessory
retail store which are accessory to the primary hotel function and oriented to
serve the hotel patrons.
(59)Inoperative Vehicle: means a motor vehicle that is mechanically inoperative,
and/or is in a state that precludes immediate use.
(60)Kiosk: means a building or structure with a maximum floor area of 12.0 square
metres that provides complementary uses in a public or private operated open
space zone.
(61)Landscape Strip: means a continuous strip of landscaped open space provided
along a lot line or other feature, and consisting of a planting screen or landscaped
earth berm. A landscape strip is permitted to be traversed by driveways and
walkways. The width of the landscape strip and its minimum height to provide
visual screening are indicated in the requirements of this By-law.
(62)Landscaped Open Space: means the open unobstructed space at grade suitable
for the growth and maintenance of landscaping and includes any surfaced walk,
patio, stairs or similar area but does not include any driveway, or ramp, whether
surfaced or not, any curb, retaining wall, parking area, interior courtyard, or any
easement for the purposes of underground or overhead utilities or services
where located within a front yard or exterior side yard.
(63)Lane: means a thoroughfare not intended for general traffic circulation that
provides means of vehicular access to the rear of a lot where the lot also fronts
or flanks onto a street, or where a lot fronts onto public or private open space.
The lane may be maintained by a public authority or by a condominium
corporation as a private condominium road.
(64)Library: means a building or portion of a building containing an organized
collection of information resources that are publicly accessible and provided by
the City of Pickering.
(65)Live-Work Dwelling: means a townhouse dwelling where the ground floor only, or
part thereof, may be used for commercial purposes as permitted by this By-law,
except that the basement may be used for storage for the commercial use, and
where the commercial and residential components can be accessed by a
common internal entrance.
(66)Loading Space: means an unobstructed area of land which is provided and
maintained upon the same lot or lots upon which the principal use is located and
which area is provided for the temporary parking of one (1) commercial vehicle
while merchandise or materials are being loaded or unloaded from such vehicles.
(67)Long-Term Care Home: means a facility which provides care and services for
persons who are no longer able to live independently or who require on-site
nursing care, 24-hour supervision or personal support and licensed under the
Long-Term Care Homes Act, 2007, as amended.
By-law No. 8250/26 Page 9
(68)Lot: means a parcel of land fronting on a street, whether or not occupied by a
building or structure.
(69)Lot Area: means the total horizontal area of a lot within the boundaries of a lot.
(70)Lot Coverage: means the percentage of the total lot area occupied by all
buildings and structures at and above grade including cantilevered floor space,
bay windows, balconies, uncovered and covered porches and decks, and below
grade steps and ramps. This excludes eaves, belt courses, chimney breasts,
sills, or cornice projections to a maximum of 0.6 of a metre.
(71)Lot, Corner: means a lot situated at the intersection of two (2) or more streets or
upon two (2) parts of the same street having an angle of intersection not
exceeding 135 degrees.
(72)Lot Frontage: means the horizontal distance between the side lot lines of a lot
measured by a line that is 6.0 metres back from and parallel to the chord of the
lot frontage. The chord of the lot frontage means the straight line joining the two
points where the side lot lines intersect the front lot lines.
(73)Lot Line: means a line delineating any boundary of a lot.
(74)Lot Line, Exterior Side: means the side lot line, which separated a lot from the
street adjacent to it.
(75)Lot Line, Front: means the lot line, which separates a lot from the street in front of
it. Where more than one (1) lot line separates a lot from the street, the front lot
line shall be the shorter lot line. Where a lot is a through lot, the lot line abutting
the wider street right-of-way shall be the front lot line. In the case of a through lot,
where both streets are of the same width, the City may designate either street
line as the front lot line.
(76)Lot Line, Interior Side: means a side lot line, which is not adjacent to a street.
(77)Lot Line, Rear: means the lot line opposite to, and most distant from, the front lot
line, but where the side lot lines intersect, as in the case of a triangular lot, the
rear lot line shall be represented by the point of intersection.
(78)Lot Line, Side: means all lot lines, which join both a front lot line and a rear lot
line.
(79)Main Front Wall: means exterior wall of a building including the first storey and
above oriented toward the front lot line.
(80)Main Wall: means a primary exterior front, rear, or side wall of a building, not
including permitted projections.
(81)Motor Vehicle: means an automobile, motorcycle, motor assisted bicycle, or any
other vehicle propelled or driven other than by muscular power, but does not
include a streetcar, or other motor vehicles running only upon rails, or a
motorized snow vehicle, traction engineer, farm tractor, riding lawnmower, self-
By-law No. 8250/26 Page 10
propelled implement of husbandry or road-building machine within the meaning
of the Highway Traffic Act, or successor thereto.
(82)Museum: means premises used for the exhibition, collection and/or preservation
of objects of cultural, historical or scientific interest for public viewing.
(83)Office: means a building or part thereof, where administrative and clerical
functions are carried out in the management of a business, profession,
organization or public administration, but shall not include a medical office or
vehicle sales and rental establishment.
(84)Office, Medical: means a premises designed and used for the diagnosis,
examination, and medical, surgical or physiotherapeutic treatment of human
patients, and which may include pharmacies and dispensaries, waiting rooms,
treatment rooms and blood testing clinics, but shall not include overnight
accommodation for in-patient care.
(85)Outdoor Patio: means an outdoor area, covered or uncovered, where seating
accommodation can be provided and/or where meals or refreshments may be
served to the public for consumption.
(86)Park: means an area of land that is designed or maintained for outdoor
recreational facilities, with or without an accessory building or structure, including
sport fields, parks and playgrounds, tracks, skateboard parks, and outdoor
swimming pools, but shall not include a golf course.
(87)Parking Area: means one (1) or more parking spaces, including related aisles, for
the parking or storage of vehicles.
(88)Parking Garage: means a building, or part thereof, used for the parking of
vehicles and may include any permitted use in the first storey, but shall not
include any area where vehicles for sale or repair are kept or stored. A parking
garage includes underground parking and a parking structure.
(89)Parking Lot: means a lot or portion thereof provided for the parking of motor
vehicles accessory or incidental to the main use.
(90)Parking Lot, Public: means a parking area that is the principal use of a lot and is
operated to provide public parking whether or not for gain or profit.
(91)Parking Space: means an unobstructed area of land that is accessible by an
aisle, having access to a street or lane that is reserved for the purpose of the
temporary parking or storage of one (1) motor vehicle.
(92)Parking Space, Bicycle: means an area used exclusively for parking or storing a
bicycle. Long-term bicycle parking spaces are those for use by the occupants or
tenants of a building. Short-term bicycle parking spaces are those for use by
visitors to a building.
(93)Parking Structure: means a building or portion thereof, below and/or above
grade, containing one (1) or more parking spaces.
By-law No. 8250/26 Page 11
(94)Parking Structure, Bicycle: means a structure, either covered or uncovered,
containing one (1) or more bicycle parking spaces.
(95)Passive Recreational Use: means outdoor recreational activities such as walking
or hiking trails, passive parks, shelters, or natural observation that require
minimum facilities or development and that have a minimal impact on the
environment.
(96)Person: means an individual, association, firm, partnership, trust, corporation,
organization, trustee or agent, and the heirs, executors or legal representatives
of the person to whom the context can apply according to law.
(97)Personal Service Shop: means a building, structure, or part thereof, where
services are provided and administered to individual and personal needs and
where retail sale of goods accessory to the service provided is permitted and
includes, but is not limited to, hair care, aesthetics, health and beauty treatment,
dressmaking, tailoring, shoe shinning and repair, laundromat, and pet self-wash
centre.
(98)Place of Amusement: means premises which are devoted to the offering of
facilities for the playing of any game for the amusement of the public such as a
billiard or pool rooms, bowling alleys, electronic games, indoor playground,
miniature golf courses or roller skating rinks.
(99)Place of Worship: means a facility the principal use of which is the practice of
religion, but which may include accessory uses subordinate and incidental to the
principal use such as classrooms for religious instruction, programs for
community social benefit, assembly areas, kitchens, offices and a residence for
the faith group leader. Other than a day care centre which shall be permitted, a
place of worship shall not include a private school or residential or commercial
uses.
(100)Podium: means the base of a building, structure or part thereof located at or
above average grade that projects or is part of the tower portion of the building.
(101)Porch: means a covered or uncovered deck, portico or other structure with direct
access to the ground that is attached to the exterior wall of a building. A
basement may be located under the porch.
(102)Premises: means the whole or part of lands, buildings or structures, or any
combination of these.
(103)Primary Entrance Door: means the principal entrance by which the public enters
or exits a building or individual retail/commercial unit, or the resident enters or
exits a dwelling unit.
(104)Primary Window: means all windows except bathroom, hallway, closet or kitchen
windows.
(105)Principal or Main: means the land, buildings or structures occupied, used or
intended to be occupied or used.
By-law No. 8250/26 Page 12
(106)Privately-Owned Publicly Accessible Space: means physical space that is
privately-owned, but appears and functions as public space. These spaces are
secured through an easement in favour of the City, are designed and maintained
to the standards established by the City, and remain open and accessible to the
public, or remain open and accessible according to a schedule established by
agreement with the City.
(107)Public Authority: means Federal, Provincial, or Municipal agencies, and includes
any commission, board, authority or department established by such agency.
(108)Public Use: means a use of land, buildings or structures for infrastructure by or
on behalf of a public authority. Without limiting the generality of the foregoing, a
public use may include uses such as public highways, railways and related
facilities, gas and oil pipelines, public sewage and water service systems and
lines, bridges, interchanges, stations, and related buildings and structures, above
or below grade, that are required for the facilities listed above, and associated
rights-of-way, and may include stormwater management facilities
(109)Private Home Daycare: means a premises used for the temporary care of five (5)
children or less where such care is provided in a dwelling unit, other than the
dwelling unit of a parent or guardian of any such child, for a continuous period
not exceeding 24 hours.
(110)Recreational Vehicle: means a specially designed vehicle used for recreation
purposes, whether or not it is required to be licensed or is jacked up or its
running gear removed, including an all-terrain vehicle, a snowmobile, a camper,
a motor home, a boat or trailer. A recreational vehicle may provide temporary
living, sleeping, or eating accommodation for travel, vacation, seasonal camping,
farm help, or recreational use.
(111)Residential Use: means the use of land, buildings or structures for human
habitation.
(112)Restaurant: means a building or part of a building where the principal business is
the preparation of food and drinks for retail sale to the public for immediate
consumption on and/or off the premises, but shall not include a nightclub.
(113)Retail Store: means premises in which goods and merchandise are offered or
kept for retail sale or rental to the public.
(114)Retirement Home: means a retirement home as defined in the Retirement
Homes Act, as amended, or its successor.
(115)School, Commercial: means a building, or part thereof, where instruction of a skill
is provided for profit and may include instruction in a trade, business, art, music,
dance, cooking, athletic skill or any other specialized instruction but does not
include a commercial fitness/recreational centre or a post-secondary school.
(116)School, Elementary or School, Secondary: means a place of instruction
maintained and operated under the jurisdiction of a public authority, and may
also include a day care centre as an accessory use.
By-law No. 8250/26 Page 13
(117)School, Post-Secondary: means a building or part of a building where
educational facilities are provided for the instruction of college or university
education, and that is operated under jurisdiction of a public authority and may
include accessory residential facilities, including cafeterias, but does not include
a commercial school.
(118)School, Private: means a place of instruction (excepting a commercial school or
private career college) offering curriculum equivalent to those customarily offered
in an elementary school or secondary school, and may include a day care centre.
(119)Service and Repair Shop: means a premises for the servicing, repairing or
renting, of articles, goods or materials but shall not include any motor vehicle or
boats.
(120)Setback: means the shortest horizontal distance between a building or structure
and a lot line.
(121)Solar or Shade Parking Structure: means a structure, which may or may not
contain roof-mounted solar panels, which provides shade in a parking lot.
(122)Storey: means that portion of a building other than a basement, cellar, or attic,
included between the surface of any floor, and the surface of the floor, roof deck
or ridge next above it.
(123)Storey, First: means the storey with its floor closest above average grade and
having its ceiling more than 1.8 metres above average grade.
(124)Street: means a public highway but does not include a lane or a King’s Highway
(Highway 401). Where a 0.3 metre reserve abuts a street, or where a daylight
triangle abuts a street, for the purpose of determining setbacks, the street shall
be deemed to include the 0.3 metre reserve and/or the daylight triangle,
however, nothing herein shall be interpreted as granting a public right of access
over the 0.3 metre reserve or as an assumption of the 0.3 metre reserve as a
public highway for maintenance purpose under the Municipal Act.
(125)Street Line: means the dividing line between a lot and a street.
(126)Street, Private: means:
i.A right-of-way or roadway that is used by vehicles and is maintained by a
condominium corporation;
ii.A private road condominium, which provides access to individual freehold
lots;
iii.A roadway maintained by a corporation to provide vehicular and pedestrian
access to parking lots and individual retail/commercial units; or
iv.A private right-of-way over private property, that affords access to lots
abutting a private road; but is not maintained by a public body and is not a
lane.
By-law No. 8250/26 Page 14
(127)Structure: means anything that is erected, built or constructed of parts joined
together that is fixed to or supported by the soil and/or any other structure, and is
not a fence, in-ground swimming pool, or electric vehicle supply equipment.
(128)Tandem Parking Space: means two (2) or more parking spaces abutting each
other end to end with only one (1) having access to an aisle.
(129)Temporary Sales Office: means all or part of a building, structure, facility or trailer
used for the sole purpose of the sale or leasing of dwelling units associated with
a draft plan of subdivision, draft plan of condominium or an approved site plan.
(130)Theatre: means a building or part of a building used for the showing of motion
pictures, or for the rehearsal or performance of performing arts, such as music or
dance, and live presentations, and may include accessory retail sales and the
sale and service of food and beverages.
(131)Tower: means the storeys within that portion of a building or structure or part
thereof located above the podium.
(132)Tower, Point: means a compact and slender building form that may or may not
include a podium at its base.
(133)Tower Floor Plate: means the average floor area of all storeys within that portion
of a building or structure or part thereof located above the podium, measured to
the exterior faces of exterior walls of each storey of a building or structure.
(134)Trailer: means any vehicle so constructed that it is suitable for being attached to
a motor vehicle for the purpose of being drawn or propelled by said motor
vehicle, and capable of being used for living, sleeping, or eating accommodation,
or the transportation of a boat, snowmobile, tent, or materials, and shall be
considered a separate vehicle and not part of the motor vehicle by which it is
drawn. Any items or materials placed on a trailer for the purpose of transport are
to be considered as part of the trailer.
(135)Uncovered Platform: means an attached or freestanding structure not covered by
a roof, which is located on the same level as or lower than the first storey of the
building associated with the platform.
(136)Use: when used as a noun, means the purpose for which a lot or building or
structure or any combination thereof, is designed, arranged, intended, occupied
or maintained and “uses” shall have a corresponding meaning. “Use,” when used
as a verb, or “to use,” shall have corresponding meanings.
(137)Utility: means an essential public service such as electricity, gas, television or
communications/telecommunications that is provided by a regulated company or
public authority.
(138)Vehicle: means a car, truck, trailer, recreational vehicle including boats, van,
motorcycle, snowmobile, or any other vehicle required to be licensed.
By-law No. 8250/26 Page 15
(139)Veterinary Clinic: means a building or part of a building providing the services of
a veterinarian, and facilities for the medical treatment, examination, surgery,
diagnosis, grooming, general health care, and observation of domestic animals
and birds.
(140)Yard: means any open, uncovered, unoccupied space appurtenant to a building.
(141)Yard, Exterior Side: means a side yard adjacent to a street.
(142)Yard, Front: means a yard extending across the full width of the lot between the
front lot line and the nearest wall of any main building on the lot for which the
yard is required.
(143)Yard, Interior Side: means a side yard not adjacent to a street.
(144)Yard, Rear: means a yard extending across the full width of the lot between the
rear lot line and the nearest wall of any main building or structure on the lot for
which the yard is required.
(145)Yard, Side: means a yard extending from the front yard to the rear yard between
the side lot line and the nearest wall of any building or structure on the lot for
which the yard is required.
(146)Zone: means a designated area of land use shown on Schedule I and
established and designated by this By-law for the purposes of a specific use or
group of uses that are erected and maintained in accordance with the provisions
of this By-law.
5.Permitted Uses and Zone Regulations (“MU1” Zone)
(1)Permitted Uses (“MU1” Zone)
No person shall, within the lands zoned “MU1” on Schedule I to this By-law, use
any lot or erect, alter, or use any building or structure for any purpose except the
following:
a)Residential Uses
i)Additional Dwelling Unit(1)(2)
ii)Apartment Dwelling
iii)Back-to-Back Townhouse Dwelling(3)
iv)Block Townhouse Dwelling(3)
v)Live-Work Dwelling(1)
vi)Stacked Townhouse Dwelling(3)
vii)Street Townhouse Dwelling(3)
b)Commercial Uses
i)Animal Care Establishment
ii)Art Gallery/Studio
iii)Bed and Breakfast
iv)Car Share Service
By-law No. 8250/26 Page 16
v)Commercial Fitness/Recreational Centre
vi)Commercial School
vii)Convenience Store
viii)Dry-Cleaning Distribution Centre
ix)Financial Institution
x)Food Store
xi)Hotel
xii)Kiosk
xiii)Medical Office
xiv)Office
xv)Outdoor Patio
xvi)Parking Garage
xvii)Parking Structure
xviii)Personal Service Shop
xix)Place of Amusement
xx)Club
xxi)Restaurant
xxii)Retail Store
xxiii)Service and Repair Shop (non-vehicle)
xxiv)Theatre
xxv)Veterinary Clinic
c)Community Uses
i)Community Centre
ii)Community Garden
iii)Day Care Centre
iv)Elementary School
v)Farmers’ Market
vi)Library
vii)Nursing Home or Long-Term Care
viii)Museum
ix)Park
x)Place of Worship
xi)Post-Secondary School
xii)Private School
xiii)Privately-Owned and Publicly Accessible Space
xiv)Public Parking Lot
xv)Retirement Home
xvi)Secondary School
d)Other Uses
i)District Energy Facility
ii)Parking Garage/Structure(1)
e)Specified Accessory Uses
i)Home Occupation(1)
ii)Private Home Daycare
By-law No. 8250/26 Page 17
Notes:
(1)This use is subject to special provisions under Section 5. (3) of this
By-law.
(2)This use shall be permitted within a block townhouse dwelling unit and
street townhouse dwelling unit.
(3)This use shall be prohibited in areas designated as Active at Grade
frontages on Schedule IV to this By-law.
(2)This use is subject to special provisions under Section 5. (3) e) of Zone
Regulations (“MU1” Zone)
No person shall, within the lands zoned “MU1” on Schedule I to this By-law, use
any lot or erect, alter, or use any building or structure except in accordance with
the following:
a)Floor Space Index
(FSI)
i)minimum – 0.75 FSI
ii)maximum – 4.0 FSI
iii)the area shown on Schedule II to this By-law shall be
deemed to be a lot for the purposes of calculating
FSI
b)Building Height i)minimum – 10.5 metres (3 storeys)
ii)maximum – for lands wholly located within the area
delineated by the solid black lines, as shown on
Schedule III to this By-law, the maximum height of a
building or structure shall be as specified by the
number following the HT symbol
iii)notwithstanding Section 5. (2) b) i) and ii), above, the
maximum Building Height for the lands shown below
in cross-hatch on Figure 1, may be increased to a
maximum building height of 100 metres (22 storeys),
provided that the entire building, except for the
ground floor, is used for the uses listed in Section 5.
(2) p) i) of this By-law.
By-law No. 8250/26 Page 18
Figure 1
c)Building Height
Adjacent to Grade
Related Dwellings
i)notwithstanding Section 5. (2) b) above and
Schedule III to this By-law, where a building is
located adjacent to back-to-back townhouses, the
maximum height of a building or structure shall be
limited by a 45-degree angular plane measured from
the property line of adjacent back-to-back
townhouses, at a height of 13.5 metres above grade
d)Podium
Requirements for
Buildings Greater
than 37.5 metres (12
storeys) in Height
i)minimum – 10.5 metres (3 storeys)
ii)maximum – 20.0 metres (6 storeys)
e)Building Setbacks i)minimum – 2.0 metres
ii)notwithstanding Section 5. (2) e) i) above, the
minimum building setback from a street line shall be
3.0 metres
iii)notwithstanding Section 5. (2) e) i) and ii) above, the
minimum building setback from Brock Road and
Pickering Parkway shall be 5.0 metres
iv)notwithstanding Section 5.(2) e) i) above, any
building or structure or part of a building or structure
located above or below grade adjacent to the
Highway 401 Corridor shall comply with Section 5.
(3) d) of this By-law
f)Setback for Below
Grade Parking
Structures
i)minimum – 0.0 metres
g)Tower Floor Plate i)maximum tower floor plate for a residential building –
850 square metres
By-law No. 8250/26 Page 19
ii)notwithstanding Section 5. (2) g) i) above, balconies
shall be excluded from the calculation of tower floor
plate
iii)the maximum tower floor plate requirements set out
in Section 5. (2) g) i) and ii) above shall not apply to
buildings with a height of 12 storeys or less.
h)Building Separation i)minimum – 11.0 metres, except where the separation
may be reduced to 3.0 metres if there are no primary
windows or balconies on the wall facing the adjacent
flanking building
ii)minimum – 18.0 metres for any portion of a building
greater than 25.5 metres in height, except where the
separation may be reduced to 11.0 metres if there
are no primary windows or balconies on the wall
facing the adjacent flanking building
iii)minimum – 25.0 metres for any portion of a building
greater than 37.5 metres in height
iv)notwithstanding Section 5.(2)h)i), ii) and iii) above
and Section 5.(2)e)i), for the lands shown below in
Figure 2, a minimum setback to the west lot line shall
be required as follows:
1) minimum – 5.5 metres, except where the setback
may be reduced to 2.0 metres if there are no primary
windows or balconies on the wall facing the west lot
line
2) minimum – 9.0 metres for any portion of a building
greater than 25.5 metres in height, except where the
setback may be reduced to 5.5 metres if there are no
primary windows or balconies on the wall facing the
west lot line
3) minimum – 12.5 metres for any portion of a
building greater than 37.5 metres in height
Figure 2
By-law No. 8250/26 Page 20
i)Main Wall Stepback
for Buildings Equal to
or Less than 37.5
metres (12 storeys)
in height
i)minimum – 1.5 metres between 4.5 metres and 15.0
metres in height on any building face abutting a
street line
j)Main Wall Stepback
for Buildings Greater
than 37.5 metres (12
storeys) in height
i)minimum – 3.0 metres from the main wall of a point
tower to the main wall of a podium on any building
face abutting a street line
k)Balcony
Requirements
i)minimum depth – 1.5 metres
ii)balconies are not permitted to project beyond the
main wall less than 10.5 metres in height above
grade along any street line with required Active At
Grade Frontages, as shown on Schedule IV to this
By-law
l)Buildings Requiring
Active At Grade
Frontages
i)minimum – 40 percent of the first storey of a building
along any street line with required Active At Grade
Frontages, as shown on Schedule IV to this By-law,
shall be comprised of openings and transparent
glazing
ii)a primary entrance door with direct and unobstructed
access open to the public shall be incorporated into
the wall of a building facing the street line
iii)notwithstanding Section 5 (2) l) ii) above, where a
building has frontage on two street lines with
required Active At Grade Frontages, a primary
entrance door shall be incorporated into the wall of
the building facing at least one of those street lines
iv)minimum ground floor height – 4.5 metres
m)Location of a Primary
Entrance Door
i)a primary entrance door with direct and unobstructed
access open to the public shall be incorporated into
the wall of a building facing the street line
n)Amenity Area – 8 or
more Dwelling Units
i)minimum – 2.0 square metres of indoor amenity
space is required per dwelling unit
ii)minimum – 2.0 square metres of outdoor amenity
space is required per dwelling unit, including at least
one (1) contiguous common outdoor amenity area
with a minimum of 40.0 square metres in size.
o)Landscaped Open
Space
i)minimum – 10 percent of the area of a lot
ii)to qualify for any minimum landscaped open space
requirement, an individual area of landscaped open
By-law No. 8250/26 Page 21
space provided on a lot shall have a minimum
dimension of 3.0 metres by 3.0 metres
iii)landscaping provided on the roof of a building may
be included in the calculation of required landscaped
open space on the lot, provided it meets the
requirements of Section 5. (2) o) ii) above
p)Non-Residential
Uses
i)an aggregate minimum of 12,000 square metres of
net floor area of Office Space for uses of Medical
Office, Office, Post-Secondary School, Private
School, and Daycare shall be provided within the
lands zoned “MU1” on Schedule I to this By-law
ii)for lands wholly located within the areas delineated
by solid black lines on Schedule V to this By-law, the
minimum aggregate net floor area of the uses listed
in Section 5. (1) b) shall be located on the first floor
of a buildings and shall be as specified by the
number following the NFA symbol
iii)notwithstanding Section 5. (2) p) ii), the minimum
aggregate net floor area for the uses listed in Section
5.(1) b) may increase and or decrease as shown on
Schedule V by a maximum of 10 percent per phase.
(3)Special Provisions (“MU1” Zone)
a)Additional Dwelling Units
Where permitted by this By-law, an additional dwelling unit shall be in
accordance with the following provisions:
i)A maximum of two (2) additional dwelling units are permitted within any
legally permitted block townhouse dwelling unit or street townhouse
dwelling unit.
ii)Notwithstanding any other provision of this By-law, all lots containing
additional dwelling units shall provide a minimum 1.2-metre-wide path
of travel from the entrance of each additional dwelling unit to a street
or private street. Except for a maximum of 0.3 of a metre
encroachment for telecom or utility meters, pipes, exhausts, intakes,
corbels, and windowsills, no encroachment is permitted to obstruct the
path of travel to the dwelling unit entrance. The path of travel may be
shared and used jointly by more than one dwelling unit on the lot.
iii)A home occupation is permitted in association with each permitted
additional dwelling unit, in accordance with the provisions of this
By-law.
By-law No. 8250/26 Page 22
b)Air Conditioners
i)Air conditioners are permitted on a lot provided they are located in the
rear yard or interior side yard or on a balcony or roof. In addition, such
units shall not be located any closer than 0.6 of a metre to an interior
lot line and shall not be located on any easements in favour of the City.
ii)Notwithstanding Section 5. (3) b) i) above, air conditioners are
permitted in the exterior side yard of a lot provided they are screened
by a fence.
iii)Notwithstanding Section 5 (3) b) i) above, air conditioners are
permitted in the front yard of back-to-back townhouse dwellings.
c)Height Exceptions
i)The height requirements of this By-law shall not apply to:
a)A belfry
b)A chimney
c)A flagpole
d)A clock tower
e)Ornamental architectural features such as, but not limited to a
dome or skylight
f)A cupola
g)A water storage tank
h)Rooftop mechanical equipment and rooftop mechanical
penthouses, which shall be subject to Section 5. (3)j) of this By-law
i)A wireless or transmitting antenna
ii)A parapet wall may exceed the maximum building height as required
by 1.5 metres.
iii)Rooftop solar panels and associated required structural equipment
may exceed the maximum building height as required by 1.5 metres.
d)Highway 401 Corridor Setback
Notwithstanding any other provision of this By-law, no building, structure,
parking space, loading space, aisle, or stormwater management facility shall
be located above or below grade, within 14.0 metres of any lot line abutting
the boundary of the Highway 401 Corridor.
e)Home Occupations
Where permitted by this By-law, a home occupation shall be in accordance
with the following provisions:
i)The following specific uses are permitted in a home occupation:
a)Art Gallery/Studio
By-law No. 8250/26 Page 23
b)Instruction, including private or semi-private personal fitness,
music, dance, tutoring or instruction, cooking, and similar activities
c)Medical Office
d)Personal Services Shop, excluding a laundromat or dog-washing
establishment
e)Private Home Daycare
f)Office
ii)No use or activity relating to a home occupation is permitted in a
private garage or accessory building or structure, except for limited
storage relating to a home occupation is permitted to the extent that it
does not prevent the parking of the number of vehicles the private
garage or accessory building or structure was designed to
accommodate.
iii)The home occupation shall not occupy an area greater than 25 percent
of the gross floor area of the dwelling, or have a total area greater than
50.0 square metres, whichever is less.
iv)The home occupation shall be operated by the resident of the dwelling
unit and the resident is either a sole proprietor, partner, shareholder, or
officer of the company operating the home occupation, or an employee
who uses their dwelling unit as their principal place of business.
v)The home occupation shall employ at least one (1) individual who
resides in the dwelling unit and shall not employ more than one (1)
other individual who does not reside in the dwelling unit.
vi)At any given time, a home occupation shall not be permitted to include
more than two (2) clients or students at once.
vii)The home occupation shall not create noise, vibration, fumes, odour,
dust, glare, or radiation which is beyond the normal use of the
dwelling, become offensive or an obnoxious use, or create an adverse
effect.
viii)No outdoor storage or visible display relating to a home occupation is
permitted.
ix)Customer or client parking is not required to be provided on the lot.
x)External changes or alterations required for or relating to a home
occupation which would change the overall residential character of the
dwelling unit are not permitted.
xi)The selling of products assembled or developed on the premises is a
permitted use in a home occupation, and the sale and distribution of
catalogue items is a permitted use in a home occupation, provided that
no catalogue items are stored on the premises.
By-law No. 8250/26 Page 24
f)Live-Work Dwelling
i)The following specific uses are permitted in a live-work dwelling:
a)Art gallery/studio
b)Dry-cleaning distribution centre
c)Dwelling unit
d)Medical Office
e)Personal Service Shop
f)Office
g)Restaurant
h)Retail Store
ii)For any permitted use listed in Section 5. (3) f) i) above, the minimum
floor area is 50.0 square metres.
g)Outdoor Patios
i)An outdoor patio shall be permitted as an accessory use to any
permitted restaurant use.
ii)Outdoor patios are not permitted on a balcony on any lot abutting a
residential use.
iii)Outdoor patios shall not be considered as floor area and gross
leasable floor area when calculating floor area and gross leasable floor
area for the use it serves.
h)Parking Structures
i)Portions of parking structures constructed above grade, located
adjacent to any street line shall comply with the provisions for the main
building in accordance with this By-law.
ii)Stairs and air vents associated with a parking structure are not
permitted in a front or exterior side yard.
iii)Air vents constructed in association with an underground parking
structure are permitted to project to a maximum of 1.2 metres above
grade no closer than 4.0 metres to a street line.
iv)The parking of motor vehicles is prohibited in the first storey of an
above grade parking structure for the first 9.0 m of the depth of the
parking structure measured in from the lot line along a street line with
required Active at Grade Frontages, as shown on Schedule IV to this
By-law.
v)Above ground parking structures that front onto a street line shall have
a minimum ground floor height of 4.5 metres.
By-law No. 8250/26 Page 25
i)Permitted Encroachments
No part of any required yard or setback shall be obstructed except as
follows:
i)Projections such as awnings, canopies, windowsills, chimney breasts,
fireplaces, belt courses, cornices, pilasters, eaves, piers, eave troughs,
and other similar architectural features may be permitted to project a
maximum of 2.5 metres beyond any required setback, but no closer
than 0.5 of a metre from a lot line.
ii)Any stairs, including to a porch or any associated landing, uncovered
platform, covered platform, and any unenclosed ramp for wheelchair
access may encroach beyond any required setback no closer than
0.3 of a metre from a lot line.
iii)A balcony, porch, uncovered platform, or covered platform may
encroach beyond any required setback to a maximum of 2.0 metres or
half the distance, whichever is less.
iv)A bay, box, or bow window, with or without foundation, having a
maximum width of 4.0 metres may encroach beyond any required
setback to a maximum of 0.6 of a metre or half the distance, whichever
is less.
v)Exterior entrances including above grade or below grade entrances to
any dwelling unit shall be permitted to encroach beyond any required
setback to a maximum of 0.9 of a metre.
j)Rooftop Mechanical Equipment and Mechanical Penthouses
i)Rooftop mechanical equipment, including any appurtenances thereto,
that exceeds a maximum height of 2.0 metres shall be fully enclosed
within a mechanical penthouse.
ii)Rooftop mechanical equipment shall be setback a minimum of 5.0
metres from all edges of a roof.
iii)Notwithstanding Section 5.(3) j) ii) above, no setback is required if
rooftop mechanical equipment is fully enclosed within a mechanical
penthouse or screened by an architectural feature.
k)Temporary Construction Uses Permitted
Nothing in this By-law shall prevent the use of land or the use or erection of
a building or structure for:
i)A scaffold or other temporary building or structure incidental to
construction in progress on premises for which a building permit has
been granted, until such time as the work has been finished or
abandoned.
By-law No. 8250/26 Page 26
ii)A sign having an area of not more than 4.7 square metres incidental to
construction in progress on premises for which a building permit has
been granted, until such time as the work has been finished or
abandoned.
l)Temporary Sales Office
A temporary sales office for the sale of lots or units shall be permitted on the
lands zoned “MU1” on Schedule I to this By-law, subject to the following
additional provisions:
i)A temporary sales office shall not be permitted until an applicable site
plan agreement or plan of subdivision or condominium for the
proposed development has received draft plan approval or a
temporary sales office agreement is in force.
ii)A temporary sales office shall only be permitted for such period that
work within a relevant plan of subdivision or condominium remains in
progress, having not been finished or discontinued for 60 days.
iii)A temporary sales office shall only be permitted if it complies with
requirements of the zone in which the lot is located.
iv)Parking spaces for a temporary sales office are to be located to the
side and rear of the temporary sales office.
m)Yards Abutting Daylight Triangles
Where a lot abuts a daylight triangle, the setback provisions shall be
measured as if the daylight triangle did not exist, provided all buildings are
setback 0.6 of a metre from the daylight triangle with the exception of
windowsills, belt courses, cornices, eaves, and eave troughs which may
project to within 0.3 of a metre of the daylight triangle.
(4)Parking, Stacking, and Loading Regulations (“MU1” Zone)
a)Parking Off-Site
Required parking spaces for any non-residential use may be located on
another lot within the lands zoned “MU1” on Schedule I to this By-law,
where a legal easement or an agreement exists.
b)Parking Space Requirements
Every building or structure erected, enlarged, or used in accordance with
the provisions of this By-law shall be provided with the minimum required
number of parking spaces specified below:
By-law No. 8250/26 Page 27
Permitted Uses Minimum Parking Space Requirements
Residential Uses
Apartment Dwelling 0.80 of a space per unit plus 0.15 of a
visitor space per unit
Back-to-Back Townhouse Dwelling 1.75 spaces per unit
Block Townhouse Dwelling 1.75 spaces per unit plus 0.15 of a visitor
space per unit
Live Work Dwelling 1.5 spaces per unit plus 3.0 spaces per
100 square metres of gross leasable floor
area (GLFA) for commercial uses
Stacked Townhouse Dwelling 1.25 spaces per unit plus 0.15 of a visitor
space per unit
Street Townhouse Dwelling 2.0 spaces per unit
Commercial Uses
Art Gallery/Studio, Commercial
School, Dry-Cleaning Distribution
Centre, Financial Institution, Food
Store, Retail Store, Medical Office,
Personal Service Shop, Theatre,
Veterinary Clinic
3.5 spaces per 100 square metres of
GLFA
Commercial Fitness/Recreational
Centre, Place of Amusement,
Private Club
4.5 spaces per 100 square metres of
GLFA
Hotel 0.8 of a space per guest room plus an
additional 7.5 spaces per 100 square
metres of GLFA for accessory
non-residential gross floor area used for
public uses (such as meeting rooms,
recreational facilities, dining facilities, and
business/conference facilities, but
excluding areas directly related to
overnight accommodation)
Office, Service and Repair Shop
(non-vehicle)
2.5 spaces per 100 square metres of
GLFA
Restaurant less than 465 square
metres of GLFA
3.5 spaces per 100 square metres of
GLFA
By-law No. 8250/26 Page 28
Permitted Uses Minimum Parking Space Requirements
Restaurant equal to or over
465 square metres of GLFA
5.0 spaces per 100 square metres of
GLFA
Community Uses
Community Centre, Museum 3.5 spaces per 100 square metres of
GLFA
Day Care Centre 1.0 space per employee plus 3.0 spaces
and an additional 1.0 space per classroom
Elementary School, Private
School, Secondary School
1.3 spaces per classroom
Library 2.5 spaces per 100 square metres of
GLFA
Nursing Home or Long-Term Care 1.0 space per 3 beds
Place of Worship 7.5 spaces per 100 square metres of
GLFA
Post-Secondary School 1.0 space per 100 square metres of GLFA
Retirement Home 0.20 of a space per unit plus 0.05 visitor of
a space per unit
Specified Accessory Uses
Outdoor Patio No additional parking required if
associated with a restaurant
c)Calculation of Required Parking Spaces
Where permitted by this By-law, an additional dwelling unit shall be in
accordance with the following provisions:
i)Rounding Provisions
Where parking spaces are calculated by GLFA, or similar calculation,
and the required parking is a fraction, the number of parking spaces
shall be rounded down to the nearest whole number.
By-law No. 8250/26 Page 29
ii)Multiple Uses on a Lot
Where a use is subject to a minimum parking requirement, and there is
more than one (1) use on a lot, the total required parking spaces shall
be the sum of the required parking spaces applicable to each use on
the lot. The total number of required spaces may be reduced in
accordance with the provisions for Shared Parking in Section 5 (4) e)
below.
d)Accessible Parking Requirements
Accessible parking spaces are to be provided on-site in accordance with the
requirements of the Traffic and Parking By-law 6604/05 as amended, or any
successor thereto. Accessible parking spaces shall be identified within a
Site Plan.
e)Shared Parking
i)Notwithstanding Section 5.(4) c) ii) above, a shared parking formula
may be used for the calculation of required parking for multiple uses on
a lot.
ii)All required parking spaces must be accessible to all uses participating
in the shared parking arrangement and may not be reserved for
specific users.
iii)The initial step in determining required parking for multiple uses on a
lot is to calculate the parking requirement for each use in the
development, in accordance with Section 5.(4) b) above. The parking
requirement for each use is then multiplied by the percent of the peak
period for each time period, contained in Section 5.(4) e) iv) below.
Each column is totalled for weekday and weekend. The highest figure
obtained from all time periods shall become the required minimum
parking for the development.
iv)Shared parking is to be calculated in accordance with the following:
Type of Use Percentage of Peak Period (Weekday)
Morning Noon Afternoon Evening
Financial Institution, Medical
Office, Office 100 90 95 10
Food Store, Personal
Service Shop, Retail Store 65 90 90 90
Restaurant less than 465
square metres of GLFA 20 100 30 100
Residential – Visitor 20 20 60 100
By-law No. 8250/26 Page 30
Type of Use Percentage of Peak Period (Weekend)
Morning Noon Afternoon Evening
Financial Institution, Medical
Office, Office 10 10 10 0
Food Store, Personal
Service Shop, Retail Store 80 100 100 70
Restaurant less than 465
square metres of GLFA 20 100 50 100
Residential – Visitor 20 20 60 100
f)Size of Parking Spaces, Aisles, and Stacking Lanes
i)Parking Space: parking spaces shall be a minimum of 2.6 metres in
width and 5.3 metres in length, exclusive of any land used for access,
manoeuvring, driveways, or similar purposes.
ii)Parallel Parking Space: parallel parking spaces shall be a minimum of
2.6 metres in width and 6.4 metres in length.
iii)Parking Space within a Private Garage:
a.A minimum of one parking space in any attached or detached
private garage associated with a dwelling unit shall be required to
meet the minimum dimensions of 3.1 metres in width by 6.5
metres in length and shall have a minimum vertical clearance of
2.6 metres.
b.All other parking spaces in a private garage shall have a minimum
width of 2.6 metres and minimum length of 5.3 metres.
c.Steps encompassing an area not greater than 1.2 metres by 0.6 of
a metre is permitted to encroach in any parking space located in a
private garage.
iv)Aisle: parking lot aisles shall be a minimum of 6.0 metres in width for
one-way traffic and a minimum of 6.5 metres in width for two-way
traffic.
g)Tandem Parking
The required parking spaces for a live work dwelling on an individual lot may
be provided in a tandem configuration.
h)Location of Parking Spaces
i)All surface parking shall be located in the rear or interior side yards of
buildings.
ii)A minimum 3.0-metre-wide landscape strip shall be required and
permanently maintained between any street line, daylight triangle, or
By-law No. 8250/26 Page 31
existing residential development and surface parking spaces or aisles.
Where a landscape strip is provided between existing residential
development and the parking spaces or aisles, the landscape strip
shall also have a minimum height of 1.5 metres to provide visual
screening.
i)Parking and Storage of Vehicles
No person shall, within the lands zoned “MU1” on Schedule I to this By-law,
use any lot, building, or structure for the parking or storage of a commercial
vehicle, construction vehicle, recreational vehicle, trailer, or vehicle except
in accordance with the following provisions:
i)The parking or storage of an inoperative vehicle shall not be permitted
on any lot, unless it is entirely within a fully enclosed building or
structure.
ii)The minimum number of required parking spaces for residential uses
shall not be occupied or otherwise obstructed by the parking of a
construction vehicle, commercial vehicle, recreational vehicle, or
trailer.
j)Bicycle Parking Space Requirements
i)General Provisions for Bicycle Parking Spaces
a.Notwithstanding any other provisions of this By-law, bicycle
parking spaces are permitted on any part of a lot.
b.Bicycle parking spaces should be located on the same lot as the
use or building for which they are required or may be located off-
site within 100.0 metres from the building for which they are
required.
c.A maximum of 50 percent of the required bicycle parking spaces
may be vertical spaces; the rest of the required spaces must be
horizontal spaces.
d.Where the number of bicycle parking spaces exceeds 50 spaces,
a minimum of 25 percent of the total required must be located
within a building or structure; a secure area such as a supervised
parking lot or enclosure; or bicycle lockers.
e.Where four (4) or more bicycle parking spaces are provided in a
common parking area, each space must contain a bicycle parking
rack that is securely anchored to the ground and attached to a
heavy base such as concrete.
f.For Apartment Dwellings, a minimum of 15 percent of the required
long-term bicycle parking spaces, or 1.0 parking space, whichever
By-law No. 8250/26 Page 32
is greater, shall include an energized 120-volt outlet adjacent to
the bicycle rack or parking space.
ii)Bicycle Parking Space Dimensions
a.If located in a horizontal position (on the ground), a bicycle parking
space shall have a minimum length of 1.8 metres and a minimum
width of 0.6 of a metre.
b.If located in a vertical position (on the wall), a bicycle parking
space shall have a minimum length of 1.5 metres and a minimum
width of 0.5 of a metre.
iii)Minimum Bicycle Parking Space Rates
The minimum number of required long-term bicycle parking spaces
shall be:
a.Apartment Dwelling: 0.5 of a long-term bicycle parking space per
dwelling unit
b.Stacked Townhouse Dwelling: 1.0 long-term bicycle parking space
per dwelling unit
c.Long-Term Care Facility and Retirement Home: a minimum of five
(5) long-term bicycle parking spaces
d.Non-residential uses: the greater of 2.0 total long-term bicycle
parking spaces or 1.0 bicycle parking space for each 1,000 square
metres of GLFA or portion thereof
The minimum number of required short-term bicycle parking spaces
shall be:
a.Apartment Dwelling: 0.1 of a short-term bicycle parking space per
unit
b.Non-residential uses: a minimum of one (1) bicycle parking rack for
short-term bicycle parking
k)Loading Space Requirements
i)General Provisions for Loading Spaces
a.For every building or structure to be erected for, altered for, or its
use converted to a commercial use, involving the frequent
shipping, loading, or unloading of persons, animals, goods, wares,
or merchandise, off-street loading spaces shall be provided and
maintained upon the same lot on which the principal use is
located.
b.Any required off-street loading space shall:
By-law No. 8250/26 Page 33
i.Not be used for the purpose of offering commodities for sale or
display
ii.Provide for the temporary parking of one (1) commercial vehicle
iii.Not be upon or partly upon any street, lane or alley
iv. Have adequate access to permit ingress and egress of a
commercial vehicle from a street by means of driveways, aisles,
maneuvering areas or similar areas, no part of which access is
to be used for the temporary parking or storage of any motor
vehicle
ii)Loading Space Dimensions
a.The minimum dimensions of a loading space shall be 3.5 metres in
width and 12.0 metres in length, with a minimum vertical clearance
of 4.2 metres.
iii)Location of Loading Spaces
a.No loading space shall be permitted in the front yard of any
building.
b.A loading space shall abut the building for which the loading space
is provided.
c.An unenclosed loading space located above grade shall be set
back a minimum of 10.0 metres from a street line.
d.An enclosed loading space located above grade shall comply with
the building setbacks applicable to the main building in accordance
with this By-law.
6.Permitted Uses and Zone Regulations (“OS” Zone)
(1)Permitted Uses (“OS” Zone)
No person shall, within the lands zoned “OS” on Schedule I to this By-law, use
any lot or erect, alter, or use any building or structure for any purpose except the
following:
a)Kiosk
b)Community Centre
c)Park
d)Privately-Owned and Publicly Accessible Space
By-law No. 8250/26 Page 34
7.Holding Provisions
(1)Permitted Uses (“H1”, “H2”, “H3”, “H4”, “H5”, “H6”, “H7” Holding Provisions)
a)The lands subject to the “H1”, “H2”, “H3”, “H4”, H5”, “H6” and “H7” Holding
Provisions, as shown on Schedule VI to this By-law, shall not be used for
any purpose other than the existing permitted lawful uses located on the
lands or within existing buildings or structures, as the day this By-law was
passed.
b)Additions or expansions to existing buildings or structures shall be permitted
provided that such additions or expansions shall not exceed 10 percent of
the gross floor area of all existing buildings and structures as legally existed
on the effective date of this By-law.
(2)Zone Regulations (“H1” Holding Provision)
The “H1” Holding Provision shall be removed, upon application by the Owner,
through the passing of a By-law under Section 34 of the Planning Act. The
following conditions shall be completed prior to the removal of the holding
provision, to the satisfaction of the City of Pickering:
a)That the Owner has demonstrated, to the satisfaction of the Regional
Municipality of Durham, that there is sufficient sanitary servicing and water
supply capacity to support the full development of the site, or an individual
building within the site; and
b)That the Owner has entered into a financially secured agreement with the
Region respecting such servicing.
c)That the Owner has entered into a Master Parkland Agreement with the City
of Pickering, detailing the design, construction, and conveyance of public
parkland and privately owned publicly accessible park spaces as part of the
full development of the site, to the satisfaction of the City, and prior to
subdivision registration or the issuance of Site Plan Approval.
d)That the Owner has conveyed lands to the City of Pickering required for the
Highway 401 road crossing between Notion Road and Squires Beach, as
identified in the Municipal Class Environmental Assessment, comprising
approximately 0.17 hectares and generally bounded by the Highway 401
Corridor to the south and Notion Road to the east, to the satisfaction of the
City, and prior to the subdivision registration or the issuance of Site Plan
Approval.
e)i. Prior to the registration of the first phase, the Owner register on title an
Environmental Easement in favour of Canadian National Railway
Company (“CN”), which shall apply to the entire lands, and which shall be
registered with priority over all instruments affecting the lands. For each
subsequent phase, the Owner shall confirm the Environmental Easement
remains registered on title for the lands that are the subject of the
phases.
By-law No. 8250/26 Page 35
ii.The Owner complete a Noise and Vibration Study to the satisfaction of
CN, confirming appropriate mitigation measures to support the
development of the respective phase.
iii.The Owner register on title a Development Agreement with CN for
each phase, which shall include conditions related to noise, vibration,
safety, and mitigation requirements in accordance with Section 5 of this
By-law.
iv.The Owner pay CN’s reasonable legal and engineering fees
associated with the review and negotiation of the Development
Agreements and the review of all required Noise and Vibration Studies.
v.Written confirmation has been provided by CN that the conditions
referenced in subjections 7.(2) e) (i) through (iv) have been satisfied.
(3)Zone Regulations (“H2”, “H3”, “H4”, “H5”, “H6”, “H7” Holding Provisions)
The “H2”, “H3”, “H4”, “H5”, “H6” and “H7” Holding Provisions, as shown on
Schedule VI to this By-law, shall be removed, upon application by the Owner,
through the passing of a By-law under Section 34 of the Planning Act. The
following conditions shall be completed prior to the removal of the holding
provision, to the satisfaction of the City of Pickering:
a)That the Owner has demonstrated, to the satisfaction of the Regional
Municipality of Durham, that there is sufficient sanitary servicing and water
supply capacity to support the full development of the site, or an individual
building within the site.
b)That the Owner has entered into a financially secured agreement with the
Region respecting such servicing.
c)That the Owner has submitted a Community Services and Facilities Study to
assess the need and requirements of an urban elementary or secondary or
post-secondary school to be integrated into the podium of the subject
development, to the satisfaction of the Durham District School Board, or a
successor or counterpart, and the City of Pickering.
d)That the Owner has submitted an application for Draft Plan of Subdivision
for the full development of the site.
e)i. The Owner register on title an Environmental Easement in favour of
Canadian National Railway Company (“CN”), which shall apply to the
entire lands, and which shall be registered with priority over all instruments
affecting the lands. For each subsequent phase, the Owner shall confirm
the Environmental Easement remains registered on title for the lands that
are the subject of the phases.
ii. The Owner complete a Noise and Vibration Study to the satisfaction of
CN, confirming appropriate mitigation measures to support the
development of the respective phase.
By-law No. 8250/26 Page 36
iii.The Owner register on title a Development Agreement with CN for each
phase, which shall include conditions related to noise, vibration, safety,
and mitigation requirements in accordance with Section 5 of this By-law.
iv.The Owner pay CN’s reasonable legal and engineering fees associated
with the review and negotiation of the Development Agreements and the
review of all required Noise and Vibration Studies.
v.Written confirmation has been provided by CN that the conditions
referenced in subjections 7.(3) e) (i) through (iv) have been satisfied.
8.By-law 3036
By-law 3036, as amended by By-laws 6549/05, 7176/11, and 8036/23, is hereby further
amended only to the extent necessary to give effect to the provisions of this By-law as it
applies to the area set out in Schedule I to 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, 6549/05, 7176/11, and 8036/23.
9.Effective Date
That this By-law shall come into force in accordance with the provisions of the Planning
Act.
By-law passed this 27th day of April, 2026.
_______
_______
Original Signed By____________________________
Kevin Ashe, Mayor
Original Signed By____________________________
Susan Cassel, City Clerk
"O co 0 a:: �ue a::i 220.46 m
.... 0 0 i 3
168.90 m
MU-35
Q) > ·;::: 0
C 3: co
Schedule I to By-Law 8250/26 Passed This 27th
Day of April 2026
Q) > ·;:::0 "O co 0 a::
C 0
0 z
u co Q) r t N
Original Signed By
Mayor
Original Signed By
Clerk
!
!
!
!
!
!
!
!
!
!
!!!!!!!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!!!
!!
!
!
!
!
!
!
!
!
!
!
!
!!!!!
!
!
!
!
!
!
!
!
!
!!!!!!!!!!!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!!!!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!!!!!!
!
!
!
!
!
!!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!!!!
!
!
!
!
!!!!!
!
!
!
!
!
!!!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!!!!
!
!
!
Highway
4
0
1
Br
o
c
k
R
o
a
d
Pickering Parkway
No
t
i
o
n
R
o
a
d
Be
e
c
h
l
a
w
n
D
r
i
v
e
Ma
r
s
h
c
o
u
r
t
D
r
i
v
e
As
h
f
o
r
d
D
r
i
v
e
Sq
u
i
r
e
s
B
e
a
c
h
R
o
a
d
Clerk
i
NSchedule II to By-Law
Passed This
Day of
8250/2627th
April 2026
9.48 Ha
404.95 m 15
.
7
0
m
552.37 m
57.15 m
50.24 m
100.
1
7
m
51.00
m
1
9
.
6
7
m
70
.
5
9
m
220.46 m
168.90 m
10
0
.
0
4
m
92
.
1
6
m
Original Signed By
Mayor
Original Signed By
Schedule Ill to By-Law 8250/26 Passed This 27th
Day of April 2026
"O ro 0 0:::
C ,L-----'----' 0 :;::; 0 z
t N
Original Signed By
Mayor
Original Signed By
Clerk
..... 0
u, CD 3
220.46 m
... 0 0 0.,., 3
57.15 m
168.90 m �--====--=---: ...... ) �-======:::::cm � :3, 40:.t:95 m C
--- Required Active At Grade Frontages
Schedule IV to By-Law 8250/26 Passed This 27thDay of April 2026
r t IV
Original Signed By
Mayor
Original Signed By
Clerk
�
"C ro 0 0::: � (.) e co 220.46 m �------...
3
.... 0
168.90 m
i NFA: 450 m2 NFA: 800 m2
3
Q) > ·;::
Q) 0 > ·;::0
C 3: ro
� �:========:::: ::::======: 3
"C ro 0 0:::
C 0 � 0 z
�iiiiiiiiiiiiiii.;;;;;;;��=�--l.-....J.. �-
:.._j 0 3
(.) ro Q) r
t N Schedule V to By-law 8250/26
Passed This 27th
Day of April 2026
Original Signed By
Mayor
Original Signed By
Clerk
�
"O ct! 0 I Cl'.'. � (.) 0
220.46 m .... 0 (11 <O 3
.... 0 0 0 .,,. 3
Q) > ·;::0
C 3: ct!
168.90 m
to H3 H6 �
3
\-\S
Schedule VI to By-Law 8250/26 Passed This 27th
Day of April 2026
Q) > ·;::0
\-\1
"O ct! 0 Cl'.'.
C 0
0 z
(.) ct! Q) r t N
Original Signed By
Mayor
Original Signed By
Clerk