HomeMy WebLinkAboutBy-law 8259/26 (OLT-25-000437)The Corporation of the City of Pickering
By-law No. 8259/26
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 Lots 23 and 24, Concession 1, in
the City of Pickering (A02/24)
Whereas the Council of The Corporation of the City of Pickering received an application to
rezone the subject lands being Part Lots 23 and 24, Concession 1 in the City of Pickering to
permit a high-density, mixed-use development;
And whereas an amendment to Zoning By-law 3036, as amended by By-law 6777/07 and
By-law 6778/07, 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 & VI
Schedules I, II, III, IV, V & VI attached hereto 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 only apply to those lands being Part Lots 23 and 24,
Concession 1, in the City of Pickering, designated “(H1 H2)MU1”, “OS”, and “EP” on
Schedule II attached hereto.
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)A building, structure, parking area, driveway or use on the site that existed on
the effective date of this By-law may be continued and/or may be enlarged or
altered, provided that the enlargement or alteration itself complies with all
applicable regulations of By-law 3036, as amended by By-law 6777/07, and
By-law 6778/07.
(3)Frontage on a Street
i)Notwithstanding any other provisions 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 provision 3. (3) i)
above.
OLT Case No.
OLT-25-000437
March 31, 2026
By-law No. 8259/26 Page 2
(4)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 windowsills, belt
courses, cornices, eaves, and eave troughs, which may project to within
0.3 metres of the daylight triangle.
(5)Zone/Block Boundaries
i)If the zone boundary as shown on Schedule II:
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 centre line 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 II.
ii)If the zone boundary separates a lot into portions, which includes an
Environmental Protection (EP) zone, the zone boundary may be redefined
through an Environmental Impact Study or equivalent comprehensive
evaluation. Where the EP zone boundary is reduced or removed, the
zoning of the land formerly within the EP zone shall be interpreted to be in
accordance with the immediately abutting zone. Where the EP zone
boundary is increased, the land formerly within the abutting zone shall be
interpreted to be in accordance with the EP zone.
4.Definitions
In this By-law,
(1)“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, offices, medical offices, retail
stores and community uses. Garage doors, service doors and loading doors
are not permitted along the street line of an active at grade frontage.
(2)“Air Conditioner” means any mechanical equipment installed outdoors
including central air conditioning units, heat pumps, heat exchange units,
emergency generators and other such equipment.
(3)“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.
(4)“Amenity Space” means the total passive or active recreational area provided
on a lot for the personal, shared or communal use of the residents of a building
or buildings, and includes balconies, patios, rooftop gardens, and other similar
features, but does not include indoor laundry or locker facilities.
By-law No. 8259/26 Page 3
(5)“Angular Plane” means an imaginary flat surface projecting over a lot, at an
inclined angle measured up horizontally.
(6)“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.
(7)“Art Gallery/Studio” means a premise used for the creation, exhibition,
collection and/or preservation of works of art for public viewing and sale and
may include educational classes.
(8)“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. Inset balconies, which do
not project from the face of an exterior wall, shall also be considered
balconies.
(9)“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.
(10)“Block” means all land fronting on one side of a street between the nearest
streets, intersecting, meeting or crossing said street.
(11)“Building” means a structure occupying an area greater than 10 square metres
and consisting of any combination of walls, roof and floor, but shall not include
a mobile home.
(12)“Building, Main” means a building in which is carried on the principal purpose
for which the lot is used.
(13)“Building, Mixed Use” means a building containing residential uses and at least
one non-residential use permitted by this By-law.
(14)“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.
(15)“Commercial Fitness/Recreational Centre” means a commercial establishment
that has been designed for the conduct of sport, athletic and leisure activities,
such as squash courts, swimming pools, exercise classes and other similar
indoor recreational facilities that are provided and operated for gain or profit.
(16)“Commercial Use” means any permitted 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 exclude residential uses.
By-law No. 8259/26 Page 4
(17)“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.
(18)“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.
(19)“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.
(20)“Day Care Centre” means: i) indoor and outdoor premises where more than
five 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.
(21)“Daylight Triangle”: means an area free of buildings, structures, fences, and
hedges more than 0.9 metres in height, and the area 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.
(22)“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.
(23)“Driveway” means the portion of a lot used to provide vehicular access from a
roadway to an off-street parking area or loading space located on the same lot
as the principal use.
(24)“Dry Cleaning Distribution Centre” means a premise 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.
(25)“Dwelling” means a building containing one (1) or more dwelling units.
(26)“Dwelling Unit” means a residential unit that: i) consists of a self-contained set
of rooms located in a building or structure; ii) is used or intended for use as a
residential premise; 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.
By-law No. 8259/26 Page 5
(27)“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 dwelling.
(28)“Dwelling, Block Townhouse” means a residential use building containing three
or more attached principal dwelling units divided vertically, and where all
dwelling units are located on one lot and accessed from a private street,
laneway or common condominium aisle.
(29)“Dwelling, Stacked Townhouse” means a residential use building of four or
fewer storeys in height containing three or more principal dwelling units where
the units are divided horizontally and vertically, and in which each dwelling unit
has an independent entrance to the interior.
(30)“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.
(31)“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.
(32)“Floor Area” means the total area of all floors of a building within the outside
walls.
(33)“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, bicycle parking, elevator lobbies and vestibules
below established grade;
ii)Motor vehicle parking and bicycle parking at or above established grade;
iii)Loading spaces and related corridors used for loading purposes;
iv)Rooms for storage, waste management, storage lockers, washrooms,
electrical, utility, mechanical and ventilation;
v)Indoor amenity space required by this By-law;
vi)Elevator, garbage and ventilating shafts, including pipe spaces, airshafts,
and electrical closets;
vii)Mechanical penthouse;
viii)Porches, non-walk-in bay windows, attics, basements, enclosed or roofed
walkways;
ix)Stairwells in the building;
x)Areas within a building leased, owned or used as an Elementary School,
a Secondary School or a Post-Secondary School; and,
xi)Areas within a building leased, owned or used by a public authority.
(34)“Floor Space Index” means the total net floor area of all buildings on a lot
divided by the total area of the lot.
By-law No. 8259/26 Page 6
(35)“Food Store” means a premise that sells food and other non-food items,
primarily on a self-service basis.
(36)“Grade” or “Average Grade” means the average elevation of the finished level
of the ground adjoining all exterior walls of a building.
(37)“Green Roof” means an extension to a building's roof that allows vegetation to
grow in a growing medium.
(38)“Gross Leasable Floor Area” means the total floor area designed for tenant
occupancy and exclusive use, including basements, mezzanines and upper
floor areas, if any. Gross Leasable Floor Area is expressed in square metres
(m2) and measured from the centre line of joint partitions and from outside wall
faces.
(39)“Ground Floor” means the floor of a building at or first above grade.
(40)“Ground Floor Area” means the gross floor area only on the ground floor.
(41)“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.
(42)“Home Improvement Centre" shall mean a building or part of a building used
for the display and wholesale and retail sale of building materials, hardware or
accessories, including cabinets, electrical fixtures, carpets, floor coverings,
plumbing supplies, wallpaper, draperies, garden supplies, lumber and
swimming pool supplies. This shall also include a garden centre accessory to
a home improvement centre, as well as outdoor storage, display and sale of
retail and garden centre products.
(43)“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.
(44)“Hotel” means a building, or group of buildings, each containing sleeping
accommodation, catering primarily to the travelling public, for rent or hire for
temporary lodging. A hotel may also include a restaurant, public hall and an
accessory retail store, which are accessory to the primary hotel function and
oriented to serve hotel patrons.
(45)“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.
(46)“Landscaped Area” means an outdoor area on a lot comprising trees, plants,
decorative stonework, retaining walls, walkways, or other landscape or
architectural elements, excluding aisles and areas for loading, parking or
storing of vehicles.
By-law No. 8259/26 Page 7
(47)“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 condominium corporation as a private road
condominium or by a government authority.
(48)“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.
(49)“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.
(50)“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 commercial motor
vehicle while merchandise or materials are being loaded or unloaded from
such vehicles.
(51)“Lot” means a parcel of land fronting on a street, whether or not occupied by a
building or structure.
(52)“Lot Area” means the total horizontal area of a lot.
(53)“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.
(54)“Lot Line” means a line delineating any boundary of a lot.
(55)“Main Wall” means a primary exterior front, rear or side wall of a building, not
including permitted projections.
(56)“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-
propelled implement of husbandry or road-building machine within the
meaning of the Highway Traffic Act, or successor thereto.
(57)“Mezzanine” means one floor level situated above the first floor, which is
contiguous with the first floor area.
(58)“Nursing Home or Long-Term Care” means a building in which persons are
cared for and lodged, where, in addition to sleeping, accommodating and
meals, personal care, nursing services and medical care are provided or made
available.
By-law No. 8259/26 Page 8
(59)“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.
(60)“Office, Medical” means a premise 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.
(61)“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.
(62)“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.
(63)“Park, Strata” means publicly-owned parkland located on top of buildings or
structures, including but not limited to parking garages. The term ‘strata’ in this
context refers to the horizontal delineation of ownership, as described in the
Ontario Condominium Act.
(64)“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.
(65)“Parking Space, Bicycle” means an area used exclusively for the parking or
storage of a bicycle(s).
(66)“Parking Structure” means a building or portion thereof, containing one or
more parking spaces.
(67)“Personal Service Shop” means a premise used to provide personal grooming
services or for the cleaning or care of apparel.
(68)“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
billiard or pool rooms, bowling alleys, electronic games, indoor playgrounds,
miniature golf courses or roller skating rinks.
(69)“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.
By-law No. 8259/26 Page 9
(70)“Podium” means the base of a building, structure or part thereof located at or
above established grade that projects from the tower portion of the building.
(71)“Porch” means a roofed deck or portico structure with direct access to the
ground that is attached to the exterior wall of a building.
(72)“Premises” means the whole or part of lands, buildings or structures, or any
combination of these.
(73)“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.
(74)“Primary Window” means all windows except bathroom, hallway, closet or
kitchen windows.
(75)“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.
(76)“Public Authority” means Federal, Provincial, or Municipal agencies, and
includes any commission, board, authority or department established by such
agency.
(77)“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 ground, that are required for the facilities listed
above, and associated rights-of-way, and may include stormwater
management facilities.
(78)“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 or off the premises, or both on and off the
premises, but shall not include a nightclub.
(79)“Retail Store” means a premise in which goods and merchandise are offered
or kept for retail sale or rental to the public.
(80)“Retirement Home” means a retirement home as defined in the Retirement
Homes Act, as amended, or its successor.
(81)“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
By-law No. 8259/26 Page 10
does not include a commercial fitness/recreational centre or a post-secondary
school.
(82)“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.
(83)“School, Private” means a place of instruction (excepting a commercial school
or private career college) offering courses equivalent to those customarily
offered in an elementary school or secondary school.
(84)“Service or Repair Shop” means a premise for the servicing, repairing or
renting of articles, goods or materials, but shall not include any motor vehicle
or boats.
(85)“Setback” means the shortest horizontal distance between a building or
structure and a lot line.
(86)“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. A storey also does not include a mezzanine level
situated immediately above the first floor.
(87)“Storey, First” means the storey with its floor closest to grade and having its
ceiling more than 1.8 metres above grade.
(88)“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 purposes 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 purposes under the Municipal
Act.
(89)“Street Line” means the dividing line between a lot and a street.
(90)“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.
(91)“Structure” means anything that is erected, built or constructed of parts joined
together with a fixed location on the ground, or attached to something having a
fixed location in or on the ground and shall include buildings, walls or any sign,
By-law No. 8259/26 Page 11
but does not include fences below six feet in height or in-ground swimming
pools.
(92)“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.
(93)“Temporary Sales Office” means a building, structure, facility or trailer on the
lot used for the purpose of the sale of dwelling units to be erected on the lot.
(94)“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.
(95)“Tower” means the storeys within that portion of a building or structure or part
thereof located above the podium.
(96)“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.
(97)“Utility” means an essential public service such as electricity, gas, television or
communications/telecommunications that is provided by a regulated company
or public authority.
(98)“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.
(99)“Zone” means a designated area of land use shown on Schedule II and
established and designated by this By-law for the purpose of a specific use or
group of uses that are erected and maintained in accordance with the
provisions of this By-law.
5.General Regulations
i.Live Work Units
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)Office;
f)Personal Service Shop;
g)Restaurant; or,
h)Retail Store.
ii.For any permitted use listed in Section 5.i., the minimum floor area is 50.0 square
metres.
By-law No. 8259/26 Page 12
6.Permitted Uses and Zone Regulations (“MU1” Zone)
(1)Permitted Uses (“MU1” Zone)
No person shall, within the lands zoned “MU1” on Schedule II to this By-law, use
any lot or erect, alter, or use any building or structure for any purpose except the
following:
i)Residential Uses:
a)Apartment Dwelling
b)Block Townhouse Dwelling
c)Stacked Townhouse Dwelling
d)Nursing Home or Long-Term Care
e)Retirement Home
f)Home Occupation
g)Live-Work Dwelling
ii)Community Uses:
a)Community Centre
b)Community Garden
c)Day Care Centre
d)Farmers’ Market
e)Library
f)Park
g)Park, Strata
h)Place of Worship
i)Privately-Owned and Publicly Accessible Space
j)School, Elementary
k)School, Private
l)School, Post-Secondary
m)School, Secondary
iii)Commercial Uses:
a)Animal Care Establishment
b)Art gallery/studio
c)Commercial Fitness/ Recreation Centre
d)Convenience Store
e)Car Share Service
f)Dry Cleaning Distribution Centre
g)Food Store
h)Financial Institution
i)Home Improvement Centre
j)Hotel
k)Kiosk
l)Office
m)Office, Medical
n)Outdoor Patio
o)Parking Garage
p)Parking Structure
By-law No. 8259/26 Page 13
q)Personal Service Shop
r)Place of Amusement
s)Retail Store
t)Restaurant
u)School, Commercial
v)Service and Repair Shop (non-vehicle)
w)Theatre
x)Temporary Sales Office
y)Veterinary Clinic
(2)Zone Regulations (“MU1” Zone)
No person shall, within the lands zoned “MU1” on Schedule II to this By-law, use
any lot or erect, alter, or use any building or structure except in accordance with
the following provisions:
i)Floor Space Index (FSI)a)Maximum FSI – 5.0
b)For the purpose of calculating FSI for
Section (2) i) a) above the total land area
of the lot as of the effective date of this
By-law shall be considered a lot – as
shown on and Schedule I attached to this
By-law.
ii)Minimum Gross Leasable
Floor Area of Commercial
uses per Block, as shown on
Schedule IV to this By-law
a)Block A – minimum 6,300 square metres
b)Block B – minimum 850 square metres
c)Block D – minimum 500 square metres
d)Block E – minimum 1,000 square metres
e)Block F – minimum 900 square metres
f)The minimum gross leasable area of
commercial uses requirements as set out
in Sections (2) ii) a) to e) above shall
apply to the entirety of each Block. The
required gross leasable floor area of
commercial uses may be provided
across multiple buildings in phases,
provided that a Master Site Plan is
submitted for the Block demonstrating
that the minimum gross leasable floor
area of commercial uses for the Block will
be achieved upon full build-out.
iii)Building Height a)The maximum Building Heights are
identified on Schedule III to this By-law,
and are specified by the number of
storeys following the HT symbol.
b)Notwithstanding Schedule III, related to
Maximum Building Height, the maximum
height of a building or structure, in
metres, wholly located within the area
identified by the dashed lines as shown
By-law No. 8259/26 Page 14
in Schedule IV is specified by the number
following the HT symbol as shown in
Schedule IV.
iv)Building Heights adjacent to
Kingston Road
i)Notwithstanding Section (2) iii) a) & b)
and Schedules III and IV, Building
Heights shall be limited by a 45-degree
angular plane from the front property
line, beginning at a height of 30 percent
of the maximum right-of-way width of
Kingston Road, being 45 metres.
v)Podium Requirements a)Minimum height of a Podium – 3 storeys
and 10.5 metres.
b)Notwithstanding Section (2) v) a) above,
this shall not apply to a podium in Block A
and D, as shown on scheduled III to this
By-law.
c)Maximum height of a Podium – 6 storeys
and 22 metres.
d)Notwithstanding Section (2) v) c) above,
the maximum height of a podium for a
building located within Block A and D, as
shown on scheduled III to this By-law, is
6 storeys and 26 metres.
vi)Building Setbacks from
Street Line
a)Minimum building setback from a Street
Line adjacent to Kingston Road shall be
5.0 metres.
b)Minimum building setback from a Street
Line adjacent to Walnut Lane shall be 3.0
metres
c)Minimum building setback adjacent to
Open Space Zones shall be 3.0 metres.
d)Minimum building setback adjacent to
Environmental Protection Zone shall be
2.0 metres.
e)Minimum building setback from all other
street line shall be 2.0 metres.
vii)Setback for Below Grade
Parking Structures
a)Notwithstanding Section (2) vi) above,
the minimum setback for below-grade
parking structures shall be 0.0 metres.
viii)Tower Floor Plates a)Maximum tower floor plate – 850 square
metres
ix)Building Separation a)Minimum – 11.0 metres, except that 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
By-law No. 8259/26 Page 15
b)Minimum – 18.0 metres for any portion of
a building greater than 8-storeys and
32 metres in height, except that 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
c)Minimum – 25.0 metres for any portion of
a building greater than 12-storeys and
37.5 metres in height
x)Main Wall Stepback for
Buildings equal to or less
than 12 storeys and 37.5
metres in height
a)Minimum main wall stepback – a
minimum 66 percent of the main wall of a
tower shall have a 3.0 metre setback
from the main wall of a podium on any
building face abutting a public street line
xi)Landscaped Area a)Minimum – 10 percent of the area of a lot
xii)Amenity Space
Requirements for Apartment
Dwellings
a)Minimum – 2.0 square metres of indoor
amenity space is required per apartment
dwelling unit
b)Minimum – 2.0 square metres of outdoor
amenity space is required per apartment
dwelling unit, including at least one
contiguous common outdoor amenity
area of 40.0 square metres in size.
xiii)Active at Grade Frontages a)Minimum – 40 percent of the first storey
of a building along any street line with
required Active at Grade Frontages, as
shown on Schedule V to this By-law,
shall be comprised of openings and
transparent glazing.
b)Despite (2) xiii) a) above, the minimum
active at grade frontage requirement
shall not apply to the portion of the
building that is occupied by a Food Store
or Pharmacy.
c)Minimum ground floor height – 4.5 metres
xiv)Bedrooms a)Minimum number of 3-bedroom units –
8 percent
xv)Location of a Primary Door
Entrance
a)A primary entrance door with direct and
unobstructed access to the public shall
be incorporated into the wall of a building
facing the street line.
xvi)Balcony Requirements a)Minimum depth - 1.5 metres
b)Notwithstanding (2) xvi) a) above,
balconies are not permitted to project
beyond the main wall less than 10.5
By-law No. 8259/26 Page 16
metres in height above grade along any
street line with required Active At Grade
Frontages.
(3)Height Exceptions
Notwithstanding Sections (2), maximum Building Height and Podium
Requirements, the following structures may project beyond the maximum heights
specified:
i)Planters and landscaping features may project a maximum of 1.5 metres.
ii)Architectural features, parapets, roof drainage components, green roofs and
thermal and waterproofing assembly may project beyond the concrete slab of
the roof by a maximum of 1.5 metres.
iii)Balcony and terrace guards, dividers, wind and noise screens, railings, guard
rails, and divider screens on a balcony and/or terrace may project up to a
maximum of 3.0 metres.
iv)Trellises and pergolas may project above the height limits to a maximum of
4.0 metres.
v)Enclosed stairwells, garbage chute overruns, chimneys, and vents, air shafts,
exhaust flues, unenclosed structures providing safety or wind protection to
rooftop amenity space, equipment used for the functional operation of the
building, including electrical, utility, mechanical and ventilation equipment,
elevator shafts may project up to a maximum of 7.5 metres.
vi)Building maintenance and safety units and window washing equipment may
project above the height limits to a maximum of 3.0 metres above the height
of the building roof or the roof of the mechanical penthouse
(4)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 screened on all four
sides.
ii)Rooftop mechanical equipment shall be set back a minimum of 5.0 metres
from all edges of a roof.
iii)Notwithstanding Section (4) ii) above, no setback is required if rooftop
mechanical equipment is fully screened on all four sides or screened by an
architectural feature.
(5)Permitted Encroachments
No part of a required building setback shall be obstructed except as follows:
i)Projections such as window sills, chimney breasts, fireplaces, belt courses,
decorative column or cornices, pilasters, eaves, piers, eave troughs, and
other similar architectural features may be permitted in any required setback,
provided that no such feature, with the exception of a downspout, projects
into the required setback more than 0.6 metres or half the distance of the
minimum required setback, whichever is less.
By-law No. 8259/26 Page 17
ii)Any stairs, including to a porch or any associated landing, uncovered
platform, covered platform, elevating devices, and any unenclosed ramp for
wheelchair access, may encroach no closer than 0.45 metres to a lot line.
iii)A deck, balcony, porch, uncovered platform or covered platform may
encroach to a maximum of 2.0 metres or half the distance of the required
setback, whichever is less.
iv)A bay, box or bow window, with or without foundation, having a maximum
width of 4.0 metres to a maximum of 0.6 metres or half the distance,
whichever is less.
v)A Patio associated with a permitted non-residential use may encroach to
within 0.45 metres of a lot line.
vi)Air conditioners, satellite dishes, antennae, vents, and pipes, safety, acoustic,
and wind protection/mitigation features, damper equipment to reduce building
movement, and elements required for the functional operation of a building,
may encroach to a maximum of 0.6 metres to any interior lot line and shall
not be on any easements in favour of the City.
vii)Canopies and awnings, by a maximum of 3.0 metres
(6)Vehicular Parking Regulations
i)Minimum Parking Requirements:
Residential Uses
All permitted Residential Uses,
as listed in Section 6.(1) i) of
this By-law
0.65 spaces per dwelling unit plus
0.15 of a space per dwelling unit
for Visitors
All permitted Community Uses,
as listed in Section 6.(1)(ii) of
this By-law, except for the
following uses
2.5 spaces per 100 square metres
Gross Leasable Floor Area (GLFA)
School, Elementary,
School, Private,
School, Secondary
1.3 spaces per classroom
School, Post-Secondary 1.0 space per 100 square metres
of GLFA
Daycare Centre 1.0 space per employee plus
3.0 spaces and an additional
1.0 space per classroom
All permitted Commercial
Uses, as listed in Section
6.(1)(iii) of this By-law
3.3 spaces per 100 square metres
of GLFA
ii)Accessible Parking Requirements:
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.
By-law No. 8259/26 Page 18
iii)Calculation of Required Parking Spaces
a)Rounding Provisions – Where required parking is a fraction, the number
of parking spaces shall be rounded down to the nearest whole number.
b)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
provision 6.(7) below.
(7)Shared Parking
i)Notwithstanding Section 6.(6) above, Vehicular Parking Regulations, a
shared parking formula may be used for the calculation of required parking
for multiple uses on a lot.
ii)Shared parking is to be calculated in compliance with Table 1 below.
iii)All required parking spaces must be accessible to all uses participating in the
shared parking arrangement and may not be reserved for specific users.
iv)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 6.(6) above. The parking requirement for each use is then
multiplied by the percent of the peak period for each time period, contained in
Table 1. Each column is totaled for weekday and weekend. The highest figure
obtained from all time periods shall become the required minimum parking for
the development.
Table 1: Shared Parking Formula
Type of Use Percentage of Peak Period (Weekday)
Morning Noon Afternoon Evening
Financial Institution/Office/
Medical Office
100 90 95 10
Food Store/Personal
Service Shop/Retail Store
65 90 90 90
Restaurant 20 100 30 100
Theatre 20 40 70 100
Hotel 70 70 70 100
Residential - Visitor 20 20 60 100
Type of Use Percentage of Peak Period (Weekday)
Morning Noon Afternoon Evening
Financial Institution/Office/
Medical office
10 10 10 0
Food Store/Personal Service
Shop/Retail
Store
80 100 100 70
Restaurant 20 100 50 100
Theatre 20 60 80 100
Hotel 70 70 70 100
Residential - Visitor 20 20 60 100
By-law No. 8259/26 Page 19
(8)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)Parking Space, Parallel: parallel parking space shall be a minimum of
2.6 metres in width and 6.4 metres in length.
iii)Parking Space, Bus: bus parking space shall have an accessible area of not
less than 37.0 square metres for the parking and storage of a bus.
iv)Aisle: parking lot aisles shall be a minimum of 6.0 metres in with for one-way
traffic and a minimum of 6.5 metres in width for two-way traffic.
(9)Location of Parking Spaces
i)No parking lot or parking space within a parking lot shall be permitted within
3.0 metres of a public street line or within any daylighting triangle or corner
rounding.
ii)A minimum 3.0 metres wide landscape strip shall be required and
permanently maintained between any public street line, daylighting triangle or
residential development and the parking spaces or aisles.
iii)Sections (9) i) and ii) above do not apply to parking spaces in a parking
structure.
(10)Parking Structures
i)Portions of Parking Structures constructed above grade, located adjacent to
any public 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 metres of the depth of the parking
structure measured in from the lot line along a public street line with required
active at grade frontages, as shown on Schedule V to this By-law.
(11)Yards Abutting Daylight Triangles
i)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
windowsills, belt courses, cornices, eaves, and eave troughs, which may
project to within 0.3 metres of the daylight triangle.
(12)Bicycle Parking Space Requirements
i)Bicycle parking spaces must be located on the same lot as the use of the
building for which it is required.
By-law No. 8259/26 Page 20
ii)Minimum number of bicycle parking spaces:
a)0.5 of a space per apartment dwelling unit (long-term).
b)0.1 of a space per apartment dwelling unit (short-term).
c)1.0 space per block townhouse dwelling, stacked townhouse and live-
work unit.
d)1.0 space for every 1,000 square metres of gross leasable floor area or
portion thereof for the uses listed in Sections 6.(1)ii. & iii. of this By-law.
e)For non-residential uses: a minimum of one (1) bicycle parking rack for
short-term bicycle parking.
iii)Dimensions:
a)if located in a horizontal position (on the ground): a minimum length of
1.6 metres, a minimum width of 0.6 metres, and a vertical clearance of
1.1 metres;
b)if located in a vertical position (on the wall): a minimum length of
1.5 metres, a minimum width of 0.5 metres, and a vertical clearance of
1.5 metres;
c)if located in a horizontal position and stacked: a minimum length of
1.8 metres, a minimum width of 0.37 metres, and a vertical clearance of
1.1 metres.
iv)The General Provisions for Bicycle Parking Spaces
a)In this Section, the terms “long-term” bicycle parking space and “short-
term” bicycle parking space have the following meaning:
•“long-term” bicycle parking spaces are those for use by the
occupants or tenants of a building; and,
•“short-term” bicycle parking spaces are those for use by visitors to a
building;
b)Notwithstanding any other provisions of this By-law, bicycle parking
spaces are permitted on any part of a lot.
c)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 supervised parking lot or enclosure;
•bicycle lockers;
d)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.
e)For Apartment Dwellings, a minimum of 15 percent of the required long-
term bicycle parking spaces, or 1.0 parking space, whichever is greater,
shall include an energized 120-volt outlet, or roughed-in 120-volt outlet
adjacent to the bicycle rack or parking space.
(13)Loading Space Requirements
i)A minimum of one loading space shall be provided per building.
ii)For every building or structure to be erected for, altered for, or its use
converted to a commercial or industrial use, involving the frequent shipping,
By-law No. 8259/26 Page 21
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.
iii)Any required off-street loading space shall:
a)Not be used for the purpose of offering commodities for sale or display;
b)Provide for the temporary parking of one (1) commercial vehicle;
c)Not be upon or partly upon any street, lane or alley; and
d)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.
(14)Loading Space Dimensions
i)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.
(15)Location of Loading Spaces
i)No loading space shall be permitted in the front yard of any zone.
ii)A loading space shall abut the building for which the loading space is
provided.
iii)An unenclosed loading space located above grade shall be set back a
minimum of 10.0 metres from a street line.
iv)An enclosed loading space located above grade shall comply with the
required building setbacks.
7.Permitted Uses and Zone Regulations (“OS” Zone)
(1)No person shall, within the lands zoned “OS” on Schedule II to this Bylaw, use
any lot or erect, alter, or use any building or structure for any purpose except the
following:
i)Park
ii)Strata Park
iii)Privately-Owned and Publicly Accessible Space
iv)Community Centre
v)Kiosk
vi)Uses accessory to an Elementary School, a Secondary School or a Post-
Secondary School, including, but not limited to, marshalling areas and play
areas.
(2)Parking structures, for public or private use, constructed completely below
established grade, are permitted to encroach below public parkland.
8.Permitted Uses and Zone Regulations (“EP” Zone)
(1)No person shall within the lands zoned “EP” on Schedule II to this By-law, use
any lot or erect, alter, or use any building or structure for any purpose except the
following:
By-law No. 8259/26 Page 22
i)Conservation Use
ii)Passive Recreational Use
iii)Buildings or structures designed to be used in connection with permitted
parks and recreational purposes and conservation uses
9.Holding Provisions
Notwithstanding any other provisions of this By-law, where a zone symbol is preceded
by an open bracket and the letter ‘H’ and a closed bracket, no person shall use any lot
or alter or use any building or structure except for any permitted uses as set out in this
section.
Council may pass a By-law to remove the (H) Holding Symbol, thereby replacing the
lands in the zone indicated by the zone symbol, when the applicable requirements have
been met.
(1)Provisions (“MU1 (H1” Zone):
i)Permitted Uses
Until such time as the “(H1)” Holding Provision is lifted, the lands shall not be
used for any purposes other than lawful uses permitted as of the date of the
enactment of this By-law. Such uses may be continued and/or expanded as
per the provisions of By-law 6777/07 and By-law 6778/07.
ii)Zone Requirements
The “(H1)” Holding Symbol shall not be removed from the lands designated
“MU1” on Schedule II and VI attached hereto, until such time as:
a)Prior to the issuance of Site Plan Approval, the owner shall execute a
Master Parkland Dedication agreement detailing the timing for the
conveyance of the required parkland to the satisfaction of Council.
(2)Provisions (“MU1 (H2” Zone)
i)Permitted Uses
Until such time as the “(H2)” Holding Provision is lifted, the lands shall not be
used for any purposes other than lawful uses permitted as of the date of the
enactment of this By-law. Such uses may be continued and/or expanded as
per the provisions of By-law 6777/07 and By-law 6778/07.
ii)Zone Requirements
The “(H2)” Holding Symbol shall not be removed from the lands designated
“MU1” on Schedule II and VI attached hereto, until such time as:
a)The owner has satisfied the requirements of the Regional Municipality
of Durham with respect to sufficient sanitary and water supply capacity
to be enable the development of the applicable lands, and that a
By-law No. 8259/26 Page 23
financially secured agreement has been entered into with the Region, if
applicable.
10.By-laws 3036, as amended by By-laws 6777/07 and 6778/07, are 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 II attached hereto. Definitions and subject
matters not specifically dealt with in this By-law shall be governed by relevant provision
of By-laws 3036, as amended by By-laws 6777/07, and 6778/07.
11.Effective Date
This By-law shall come into force and in accordance with the provisions of the Planning
Act.
Note: Written Decision of the Ontario Land Tribunal issued on March 31, 2026
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44
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8
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17.8m
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1
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46.9
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7.71 ha
Schedule I to By-Law 8259/26
Approved by the Ontario Land Tribunal
Written Decision Issued on March 31, 2026
H1 H2-MU1OS
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EP
Schedule II to By-Law 8259/26
Approved by the Ontario Land Tribunal
Written Decision Issued on March 31, 2026
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LEGEND - Maximum Building Height
3 storeys
19 storeys
25 storeys
42 storeys
47 storeys
Public ROW
Private ROW
Block ReferenceA
Schedule III to By-Law 8259/26
Approved by the Ontario Land Tribunal
Written Decision Issued on March 31, 2026
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F-1
F-2
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B-2
B-1D-2D-1
A
C
LEGEND - Maximum Building Height
Public ROW
Private ROW
Block ReferenceA
HT: 132m (max)HT: 124m (max)HT: 147m (max)
HT: 153m (max)
HT: 153m (max)
HT: 147m (max)
HT: 126m (max)
HT: 73m (max)
HT: 61m (max)
HT: 84m (max)
HT: 67m (max)
HT: 65m (max)
Schedule IV to By-Law 8259/26
Approved by the Ontario Land Tribunal
Written Decision Issued on March 31, 2026
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LEGEND - Active At Grade Frontages
Required Active At Grade Frontages
Public ROW
Private ROW
Block ReferenceA
Schedule V to By-Law 8259/26
Approved by the Ontario Land Tribunal
Written Decision Issued on March 31, 2026
H1, H2
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Schedule VI to By-Law 8259/26
Approved by the Ontario Land Tribunal
Written Decision Issued on March 31, 2026
1
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Tribute (Brookdale) Limited
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To facilitate the construction of a high-density, mixed-use residential development Reference Number: OPA 24-002/P
Property Address: 1101A, 1105 and 1163 Kingston Road Municipality/UT: City of Pickering OLT Case No.: OLT-25-000437 OLT Lead Case No.: OLT-25-000437 OLT Case Name: Tribute (Brookdale) Limited v. Pickering (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Tribute (Brookdale) Limited Subject: Application to amend the Zoning By-law – Refusal or
neglect to make a decision Description: To facilitate the construction of a high-density, mixed-use residential development Reference Number: A 02/24 Property Address: 1101A, 1105 and 1163 Kingston Road
Municipality/UT: City of Pickering OLT Case No.: OLT-25-000438 OLT Lead Case No.: OLT-25-000437
Ontario Land Tribunal
Tribunal ontarien de l’aménagement
du territoire
ISSUE DATE: March 31, 2026 CASE NO.: OLT-25-000437
OLT-22-004770
Written Decision issued by the Ontario Land Tribunal (OLT)
OLT-25-000437 and OLT-22-004770
2
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 375 Kingston Road Corp.
Appellant: Director Industrial Holdings Appellant: Emix Ltd. Appellant: Old Orchard Kingston Rd GP Inc. Appellant: Rosebank & Kingston Holdings Inc
Appellant: Tribute (Brookdale) Limited
Subject: Proposed Official Plan Amendment Description: To permit redevelopment and intensification of the Kingston Road Corridor and Specialty Retailing Node Property Address: City-wide OPA
Municipality/UT: Region of Durham
Reference Number: OPA 20-004/P OLT Case No.: OLT-22-004770 OLT Lead Case No.: OLT-22-004770 OLT Case Name: 375 Kingston Road Corp. v. Durham (Region)
BEFORE:
N. EISAZADEH ) Tuesday, the 31st day of MEMBER ) ) March, 2026
THESE MATTERS involving appeals under subsections 22(7) and 34(11) of the
Planning Act, R. S. O. 1990, c. P. 13, as amended (the “Act”), brought by Tribute
(Brookdale) Limited (“Tribute”), regarding the City of Pickering’s (“City”) failure to adopt
an official plan amendment and neglect to make a decision with respect to a zoning by-
law amendment, which seek to facilitate the development of a multi-phased, high-
density, mixed-use residential development on the lands municipally known as 1101A,
1105 and 1163 Kingston Road in Pickering (“Tribute Lands”), bearing Case Nos. OLT-
25-000437 and OLT-25-000438 respectively (collectively the “Tribute Appeals”);
OLT-25-000437 and OLT-22-004770
3
AND THESE MATTERS further involving separate appeals under subsection 17(36) of
the Act, brought by Tribute and Emix Ltd. (“Emix”) against the City’s proposed Official
Plan Amendment No. 38 (“OPA 38”), bearing Case No. OLT-22-004770, as scoped to
the Tribute Lands, and the separate lands owned by Emix located immediately west of
the Tribute Lands and municipally known as 1097, 1099 and 1101 Kingston Road (the
“Emix Lands”) within the Dunbarton/Liverpool Precinct Intensification Area (collectively
the “Scoped OPA 38 Appeals”);
AND THESE MATTERS having come before the Tribunal on January 14, 2026, for a
Case Management Conference (“CMC”) wherein Party status was granted to Emix with
respect to the Tribute Appeals, and an Order was granted for the Tribute Appeals to be
heard together with the Scoped OPA 38 Appeals by way of the Tribunal’s Decision
issued February 4, 2026;
AND THESE MATTERS having come before the Tribunal for a Written Hearing on
Tuesday March 31, 2026, to consider the merits of a settlement proposal proffered on
consent of all Parties, such that this Order shall address the settlement for all matters
with respect to the Tribute Appeals and the Scoped OPA 38 Appeals;
AND THE TRIBUNAL being satisfied that Notice of the present Written Hearing was
appropriately provided to all Parties, with respect to both the Tribute Appeals and the
Scoped OPA 38 Appeals;
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AND THE TRIBUNAL having received and considered the Minutes of Settlement
entered into between the City and Tribute, entered as Exhibit 1 to this Written Hearing
event;
AND THE TRIBUNAL having received and considered the visual and written materials
filed on consent of the Parties, including the affidavit and exhibits sworn and dated
March 20, 2026, of Michael Testaguzza, a member of the Ontario Professional Planning
Institute and the Canadian Institute of Planners, entered as Exhibit 2 to this Written
Hearing event;
AND THE TRIBUNAL, having accepted and qualified Michael Testaguzza’s evidence
as expert opinion in the area of land use planning for the purposes of this Written
Hearing;
AND THE TRIBUNAL, having reviewed and considered the uncontroverted affidavit
evidence of Michael Testaguzza on the nature and scope of the revised development
proposal as reflected in the architectural materials prepared by Turner Fleischer issued
for settlement on September 25, 2025, comprising the current proposed settlement
(“Settlement Proposal”) which includes (but is not limited to):
1. Revisions to the development proposal to reflect better alignment with the
general intent behind OPA 38 which designates the Tribute Lands as Mixed Use
Type A per Schedule XIV, which designation requires such lands to have the
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greatest density and represent the highest intensity uses within the intensification
areas (per policy 11A.9.2(a));
2. Revisions to the development proposal in respect of Schedule XIV of OPA 38
which shows a “Future Public Street” and “Future Private Street” bisecting the
Tribute Lands, as well as a “Public Park” in the western portion of the Tribute
Lands, and three privately owned public spaces (“POPS”) located in the north-
east, south-east and central portions of the Tribute Lands;
3. Revisions to the development proposal from its last iteration (“2024 Proposal”) to
the current Settlement Proposal (“Revisions”) as follows:
ITEM 2024 PROPOSAL SETTLEMENT PROPOSAL
Net Floor Area Total – 338,503 m2 Total – 336,998 m2
Commercial – 6,585 m2 Commercial – 9,969 m2
N/A Daycare – 604 m2
N/A School – 7,077 m2
(not included in NFA per draft ZBA)
Residential – 331,918 m2 Residential – 326,425 m2
Units 5,264 units 0 Affordable units 5,220 units 100 Affordable units
Floor Space Index 5.0 5.0
Net Site Area 68,034 m2
67, 670 m2
(EP lands delineated and removed)
Amenity: Outdoor
Indoor
2 m2/unit (average)
2 m2/unit (average)
2 m2/unit (average)
2 m2/unit (average)
Park 6,491 m2 6,491 m2
Strata Park 2,321 m2 4,859 m2
Privately Owned Public Spaces
(“POPS”)
5,013 m2 765 m2
Total Parks / POPS Area 13,825 m2 12,115 m2
Total Parks / POPS Credits Parks – 100%
Strata – 80% POPS – 50%
10,854.3 m2
(~15% of gross site area less street “A”)
10,761 m2
(~15% of gross site area less street “A”)
Parking Residential: 0.55/unit
Visitor: 0.15/unit Commercial: 2.0/100 m2
Residential: 0.65/unit
Visitor: 0.15/unit Commercial: 3.3/100 m2
Height Maximum: 35-storeys Maximum: 47-storeys
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4. The Revisions, which are intended to broaden the mix of uses and range of
housing options, by including:
A. Increase of commercial floor area;
B. Provision of an elementary school;
C. Provision of a daycare; and,
D. Provision of 100 affordable units;
5. The Revisions, which are intended to redistribute building massing and heights,
by:
A. Providing for a wider range of tower heights; and,
B. Strategically redistributing tall building massing to the south-east portions of
the Tribute Lands;
6. The Revisions, which are intended to refine the open space network, by:
A. Consolidating various smaller POPS spaces into the Southern Park;
7. The Revisions, which are intended to refine the transportation network, by:
A. Maintaining the reciprocal easements as between the Emix Lands and
Tribute Lands;
B. Replacing a portion of the private north-south driveway, over which the Emix
Lands currently have right-of-way access, with Street B;
C. Providing a public connection to Kingston Road via Street B;
D. Upgrading the right-of-way width for Street B to a City standard 20 m width;
E. Facilitating the provision of the Southern Park through Westward movement
of the Street A/private lane intersection; and,
F. Providing increased parking to 0.65 spaces per unit (residential) and 3.3
spaces per 100 m2 (commercial);
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8. Further agreement by Tribute to:
A. Secure the provision of 100 dwelling units to a housing provider, to support
affordable housing prior to issuance of first occupancy permit of a building
containing residential uses implementing the draft revised instruments;
B. Submit a stormwater management strategy for the revised master
development proposal as part of a complete application for site plan
approval of the first building implementing the draft revised instruments, to
the satisfaction of the Director of Engineering and Services;
C. Provide a minimum of approximately 9,900 m2 of net non-residential floor
area for a range of commercial, retail and office purposes, which may
include, but is not limited to, a potential food store, drug store, and medical
offices, to be distributed across the revised master plan, generally within the
podiums of buildings;
D. To submit applications for one or more draft plan(s) of subdivision for all or
part of the Tribute Lands to facilitate the conveyance of the required
parkland and the conveyance and construction of two new public roads
identified as Street A and Street B, each with a 20 m right-of-way; the
applicable draft plan of subdivision will also include Owner responsibility for
the design and costs associated with the installation of traffic signals at the
intersection of Walnut Lane and Street A to the satisfaction of the Region of
Durham and the City of Pickering;
E. As a condition of the applicable draft plan of subdivision and/or site plan
approval, to work cooperatively with a school board that may elect to acquire
space within the podium of Building D for the provision of an urban
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elementary school of up to 650 students and shall provide an adequate and
acceptable school site and/or school design, which may include use of the
adjoining strata park and park for marshalling and play areas through a
shared facilities agreement, to the satisfaction of the City of Pickering and
the school Board;
F. To make commercial best efforts to design and deliver a 62-child private
daycare at-grade pursuant to the draft revised instruments as part of
Building B; and,
G. To make commercial best efforts to facilitate the return of existing
commercial tenants to the Tribute Lands or to the nearby VuPoint
development along Liverpool Road and Walnut Lane, including the current
medical office tenants, on market terms;
9. A request to amend the City’s Official Plan (as amended by OPA 38) as follows:
A. Amendments to Schedule XIV which generally seek to align the pertinent
elements of the said schedule with the Settlement Proposal through
revisions, which include but are not limited to:
I. Relocating and re-shaping the lands designated as Public Parks
on Tribute Lands to coincide with the Central and Southern Park
locations as shown in the Settlement Proposal, as well as
replacement of the Public Parks on the Emix lands with a Public
Park symbol and explanatory text;
II. Reducing and relocating the POPS on Tribute Lands to coincide
with the POPS location as shown in the Settlement Proposal;
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III. Relocating the east-west Future Public Street on the Tribute Lands
to coincide with the location of Street B as shown in the Settlement
Proposal;
IV. Adding a new Future Public Street on the Tribute Lands to coincide
with the location of the southern private lane connecting to Dixie
Road, as shown in the Settlement Proposal;
B. Additions to the site-specific policies in section 11A.5 which seek to:
I. Establish a set of policy directives for an elementary school on site,
including that such a school should be:
i. Integrated into the podium of a high-rise development;
ii. Located adjacent to a municipal park and public street; and,
iii. Secured through an appropriate condition of approval of a
plan of subdivision, land severance, or condition of approval
of a plan of condominium;
II. Clarify that the precise location of the Future Public Street and
Public Park shown on Schedule XIV of the proposed OPA will be
determined through a future plan of subdivision, land severance, or
plan of condominium application(s);
III. Clarify that the maximum building height permitted on the Tribute
Lands shall be 47-storeys;
10. A request to amend the City’s Zoning By-law No. 3036 to establish appropriate
zone categories and standards for high-density mixed-use redevelopment of the
Tribute Lands in alignment with the Settlement Proposal as follows:
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A. To rezone the majority of the Tribute Lands to a mixed-use zone category
per Schedule II;
B. The Central and Southern Parks are zoned open space and the
environmentally constrained lands in the east are zoned environmentally
protected zones, accordingly the amendment will secure the location of the
proposed parkland and protection of the natural features;
C. To establish more specific height limits for the proposed mixed-use zoned
lands through Schedules III and IV, which coincide with the proposed tower
heights as shown in the Settlement Proposal;
D. To further specify the particular required active at grade frontages in
Schedule V to coincide with ground floor commercial space as shown in the
Settlement Proposal;
E. To apply two separate holding provisions to the entirety of the mixed-use
zoned lands; the “H1” provision would require the execution of a Master
Parkland Dedicated agreement prior to issuance of site plan approval and
is expected to be lifted in its entirety through the first phase of development,
upon execution of such agreement; while the “H2” provision is expected to
be lifted on a phase-by-phase basis upon confirmation by the Region of
Durham of sufficient sanitary and water supply capacity as well as execution
of a typical Regional Servicing Agreement; and,
F. To allow for a variety of residential, community and commercial uses within
the mixed-use zoned lands; applying definitions, built form, parking, bike
parking, and loading standards which generally align with similar standards
found in the City-wide Zoning By-law 8149/24 and/or the Kingston Road
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Corridor and Specialty Retailing Node Urban Design Guidelines, as well as
to provide for site-specific development standards which facilitate the
Settlement Proposal;
AND THE TRIBUNAL, having reviewed and considered the uncontested evidence of
Michael Testaguzza, accepts and finds, inter alia, the following:
1. The Tribute Lands are a suitable site for the Settlement Proposal for reasons that
include, but are not limited to:
A. It is located in a Settlement Area pursuant to the Provincial Planning
Statement 2024 (“PPS”), being the focus of infill and intensification;
B. It is designated as a Rapid Transit Corridor within the Region of Durham’s
Official Plan (“ROP”), which is considered a Strategic Growth Area where
medium to high density forms of intensification are directed;
C. It is located within an Urban Area within the ROP;
D. It is located on Kingston Road which is designated as a Rapid Transit
Spine within the ROP; and,
E. It is designated as a Mixed-Use Area, particularly Mixed Corridors, within
the City’s Official Plan (“COP”), which areas are intended to have the
highest concentration of activity in the City, as well as a wide diversity of
community services and facilities;
2. The Environmental Impact Study demonstrates how ecological systems, including
natural areas, features and functions, will be protected while appropriately
capturing and securing their boundary limits through the draft instruments;
3. The Functional Servicing Report, Stormwater Management Report, and
Sustainability Rationale Report, outline the supply, efficient use, and conservation
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of water and energy, the minimization of waste, and mitigation of greenhouse gas
emissions, while also providing details on the provision and use of sewage and
water services;
4. The Traffic Impact Study demonstrates the efficient provision and use of
transportation infrastructure;
5. The Settlement Proposal provides a range and mix of housing which will diversify
the existing stock in the area and is inherently more affordable;
6. The Settlement Proposal provides a range of employment opportunities through
the proposed total 9,969 m2 of commercial space;
7. The Settlement Proposal ensures the orderly development of safe and healthy
communities through a phased approach as well as through the provision of a
variety of public open spaces and amenities including public parks and potential
daycare and elementary school;
8. The Settlement Proposal assists in achievement of the intensification targets
required in a location designated for high-density development while orienting the
buildings such that the highest densities are located away from existing residential
neighborhoods to the north to ensure proper transition of land uses;
9. The Settlement Proposal animates the public realm through orientation of buildings
facing towards all existing and proposed streets; and,
10. The Settlement Proposal will efficiently utilize land, support active transportation
and nearby public transit usage, and help to achieve a complete community with
a compact built-form;
AND THE TRIBUNAL having considered and accepted the uncontroverted affidavit
evidence of Michael Testaguzza, is satisfied that the Official Plan Amendment set out in
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Attachment 1 to this Order (“OPA”), and the Zoning By-law Amendment set out in
Attachment 2 to this Order (“ZBA”) have appropriate regard for matters of provincial
interest under s. 2 of the Act, are consistent with the PPS, conform with the ROP,
conform with the COP, conform with the intent of OPA 38, and that both the OPA and
ZBA represent good planning and are in the public interest;
NOW THEREFORE:
THE TRIBUNAL ORDERS that the Tribute Appeals and the Scoped OPA 38 Appeals,
brought pursuant to ss. 22(7) and 17(36) of the Act, are allowed, in part, and the Official
Plan for the City of Pickering is amended as set out in Attachment 1 to this Order. The
Tribunal authorizes the municipal clerk of the City of Pickering to assign a number to
this official plan amendment for record keeping purposes.
AND THE TRIBUNAL ORDERS that the Tribute Appeals, brought pursuant to s. 34(11)
of the Act, are allowed, in part, and By-law 3036 is hereby amended as set out in
Attachment 2 to this Order. The Tribunal authorizes the municipal clerk of the City of
Pickering to assign a number to this by-law for record keeping purposes.
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AND THE TRIBUNAL ORDERS that this Order is without prejudice to the remaining
appeals of OPA 38, including the appeal of Emix Ltd. respecting its lands outside of the
Dunbarton/Liverpool Precinct Intensification Area.
“Matthew D.J. Bryan”
MATTHEW D.J. BRYAN REGISTRAR
Ontario Land Tribunal Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.
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Attachment 2 The Corporation of the City of Pickering
By-law No. XXXX/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 Lots 23 and 24,
Concession 1, in the City of Pickering
Whereas the council of The Corporation of the City of Pickering received an application
to rezone the subject lands being Part Lots 23 and 24, Concession 1 in the City of
Pickering to permit a high-density, mixed-use development;
And whereas an amendment to Zoning By-law 3036, as amended by By-law 6777/07
and By-law 6778/07, 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 & VI
Schedules I, II, III, IV, V & VI attached hereto 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 only apply to those lands being Part Lots 23
and 24, Concession 1, in the City of Pickering, designated “(H1 H2)MU-XX”, “OS-
XX”, and “EP-XX” on Schedule II attached hereto.
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) A building, structure, parking area, driveway or use on the site that
existed on the effective date of this By-law may be continued and/or
may be enlarged or altered, provided that the enlargement or alteration
itself complies with all applicable regulations of By-law 3036, as
amended by By-law 6777/07, and By-law 6778/07.
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(3) Frontage on a Street
i) Notwithstanding any other provisions 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
provision 3. (3) i) above.
(4) 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
windowsills, belt courses, cornices, eaves, and eave troughs, which
may project to within 0.3 metres of the daylight triangle.
(5) Zone/Block Boundaries
i) If the zone boundary as shown on Schedule II:
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 centre line 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 II.
ii) If the zone boundary separates a lot into portions, which includes
an Environmental Protection (EP) zone, the zone boundary may be
redefined through an Environmental Impact Study or equivalent
comprehensive evaluation. Where the EP zone boundary is
reduced or removed, the zoning of the land formerly within the EP
zone shall be interpreted to be in accordance with the immediately
abutting zone. Where the EP zone boundary is increased, the land
formerly within the abutting zone shall be interpreted to be in
accordance with the EP zone.
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4. Definitions
In this By-law,
(1) “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,
offices, medical offices, retail stores and community uses. Garage
doors, service doors and loading doors are not permitted along the
street line of an active at grade frontage.
(2) “Air Conditioner” means any mechanical equipment installed outdoors
including central air conditioning units, heat pumps, heat exchange
units, emergency generators and other such equipment.
(3) “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.
(4) “Amenity Space” means the total passive or active recreational area
provided on a lot for the personal, shared or communal use of the
residents of a building or buildings, and includes balconies, patios,
rooftop gardens, and other similar features, but does not include indoor
laundry or locker facilities.
(5) “Angular Plane” means an imaginary flat surface projecting over a lot, at
an inclined angle measured up horizontally.
(6) “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.
(7) “Art Gallery/Studio” means a premise used for the creation, exhibition,
collection and/or preservation of works of art for public viewing and sale
and may include educational classes.
(8) “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.
Inset balconies, which do not project from the face of an exterior wall,
shall also be considered balconies.
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(9) “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.
(10) “Block” means all land fronting on one side of a street between the
nearest streets, intersecting, meeting or crossing said street.
(11) “Building” means a structure occupying an area greater than 10 square
metres and consisting of any combination of walls, roof and floor, but
shall not include a mobile home.
(12) “Building, Main” means a building in which is carried on the principal
purpose for which the lot is used.
(13) “Building, Mixed Use” means a building containing residential uses and
at least one non-residential use permitted by this By-law.
(14) “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.
(15) “Commercial Fitness/Recreational Centre” means a commercial
establishment that has been designed for the conduct of sport, athletic
and leisure activities, such as squash courts, swimming pools, exercise
classes and other similar indoor recreational facilities that are provided
and operated for gain or profit.
(16) “Commercial Use” means any permitted 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 exclude residential uses.
(17) “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.
(18) “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.
(19) “Convenience Store” means a retail store where articles for sale are
restricted to a limited range of goods, primarily food, toiletries,
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housewares, stationary, and other similar daily household necessities,
but does not include a Food Store.
(20) “Day Care Centre” means: i) indoor and outdoor premises where more
than five 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.
(21) “Daylight Triangle”: means an area free of buildings, structures, fences,
and hedges more than 0.9 metres in height, and the area 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.
(22) “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.
(23) “Driveway” means the portion of a lot used to provide vehicular access
from a roadway to an off-street parking area or loading space located
on the same lot as the principal use.
(24) “Dry Cleaning Distribution Centre” means a premise 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.
(25) Dwelling: means a building containing one (1) or more dwelling units.
(26) “Dwelling Unit” means a residential unit that: i) consists of a self-
contained set of rooms located in a building or structure; ii) is used or
intended for use as a residential premise; 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.
(27) “Dwelling, Apartment” means a residential use building containing four
(4) or more principal dwelling units where the units are connected by a
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common corridor or vestibule, other than a townhouse dwelling or
stacked dwelling.
(28) “Dwelling, Block Townhouse” means a residential use building
containing three or more attached principal dwelling units divided
vertically, and where all dwelling units are located on one lot and
accessed from a private street, laneway or common condominium aisle.
(29) “Dwelling, Stacked Townhouse” means a residential use building of four
or fewer storeys in height containing three or more principal dwelling
units where the units are divided horizontally and vertically, and in which
each dwelling unit has an independent entrance to the interior.
(30) “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.
(31) “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.
(32) “Floor Area” means the total area of all floors of a building within the
outside walls.
(33) “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, bicycle parking, elevator lobbies and
vestibules below established grade;
ii) Motor vehicle parking and bicycle parking at or above established
grade;
iii) Loading spaces and related corridors used for loading purposes;
iv) Rooms for storage, waste management, storage lockers,
washrooms, electrical, utility, mechanical and ventilation;
v) Indoor amenity space required by this By-law;
vi) Elevator, garbage and ventilating shafts, including pipe spaces,
airshafts, and electrical closets;
vii) Mechanical penthouse;
viii) Porches, non-walk-in bay windows, attics, basements, enclosed or
roofed walkways;
ix) Stairwells in the building;
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x) Areas within a building leased, owned or used as an Elementary
School, a Secondary School or a Post-Secondary School; and,
xi) Areas within a building leased, owned or used by a public
authority.
(34) “Floor Space Index” means the total net floor area of all buildings on a
lot divided by the total area of the lot.
(35) “Food Store” means a premise that sells food and other non-food items,
primarily on a self-service basis.
(36) “Grade” or “Average Grade” means the average elevation of the
finished level of the ground adjoining all exterior walls of a building.
(37) Green Roof: means an extension to a building's roof that allows
vegetation to grow in a growing medium.
(38) “Gross Leasable Floor Area” means the total floor area designed for
tenant occupancy and exclusive use, including basements, mezzanines
and upper floor areas, if any. Gross Leasable Floor Area is expressed in
square metres (m2) and measured from the centre line of joint partitions
and from outside wall faces.
(39) “Ground Floor” means the floor of a building at or first above grade.
(40) “Ground Floor Area” means the gross floor area only on the ground
floor.
(41) “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.
(42) “Home Improvement Centre" shall mean a building or part of a building
used for the display and wholesale and retail sale of building materials,
hardware or accessories, including cabinets, electrical fixtures, carpets,
floor coverings, plumbing supplies, wallpaper, draperies, garden
supplies, lumber and swimming pool supplies. This shall also include a
garden centre accessory to a home improvement centre, as well as
outdoor storage, display and sale of retail and garden centre products.
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(43) “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.
(44) “Hotel” means a building, or group of buildings, each containing
sleeping accommodation, catering primarily to the travelling public, for
rent or hire for temporary lodging. A hotel may also include a restaurant,
public hall and an accessory retail store, which are accessory to the
primary hotel function and oriented to serve hotel patrons.
(45) “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.
(46) “Landscaped Area” means an outdoor area on a lot comprising trees,
plants, decorative stonework, retaining walls, walkways, or other
landscape or architectural elements, excluding aisles and areas for
loading, parking or storing of vehicles.
(47) “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 condominium
corporation as a private road condominium or by a government
authority.
(48) “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.
(49) “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.
(50) “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
commercial motor vehicle while merchandise or materials are being
loaded or unloaded from such vehicles.
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(51) “Lot” means a parcel of land fronting on a street, whether or not
occupied by a building or structure.
(52) “Lot Area” means the total horizontal area of a lot.
(53) “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.
(54) “Lot Line” means a line delineating any boundary of a lot.
(55) “Main Wall” means a primary exterior front, rear or side wall of a
building, not including permitted projections.
(56) “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-propelled implement of husbandry or
road-building machine within the meaning of the Highway Traffic Act, or
successor thereto.
(57) “Mezzanine” means one floor level situated above the first floor, which
is contiguous with the first floor area.
(58) “Nursing Home or Long-Term Care” means a building in which persons
are cared for and lodged, where, in addition to sleeping,
accommodating and meals, personal care, nursing services and
medical care are provided or made available.
(59) “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.
(60) “Office, Medical” means a premise 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.
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(61) “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.
(62) “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.
(63) “Park, Strata” means publicly-owned parkland located on top of
buildings or structures, including but not limited to parking garages. The
term ‘strata’ in this context refers to the horizontal delineation of
ownership, as described in the Ontario Condominium Act.
(64) “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.
(65) “Parking Space, Bicycle” means an area used exclusively for the
parking or storage of a bicycle(s).
(66) “Parking Structure” means a building or portion thereof, containing one
or more parking spaces.
(67) “Personal Service Shop” means a premise used to provide personal
grooming services or for the cleaning or care of apparel.
(68) “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 billiard or pool rooms, bowling alleys, electronic
games, indoor playgrounds, miniature golf courses or roller skating
rinks.
(69) “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.
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(70) “Podium” means the base of a building, structure or part thereof located
at or above established grade that projects from the tower portion of the
building.
(71) “Porch” means a roofed deck or portico structure with direct access to
the ground that is attached to the exterior wall of a building.
(72) “Premises” means the whole or part of lands, buildings or structures, or
any combination of these.
(73) “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.
(74) “Primary Window” means all windows except bathroom, hallway, closet
or kitchen windows.
(75) “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.
(76) “Public Authority” means Federal, Provincial, or Municipal agencies, and
includes any commission, board, authority or department established by
such agency.
(77) “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 ground, that are required for the facilities listed above, and
associated rights-of-way, and may include stormwater management
facilities.
(78) “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 or off the premises, or both on and off
the premises, but shall not include a nightclub.
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(79) “Retail Store” means a premise in which goods and merchandise are
offered or kept for retail sale or rental to the public.
(80) “Retirement Home” means a retirement home as defined in the
Retirement Homes Act, as amended, or its successor.
(81) “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.
(82) “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.
(83) “School, Private” means a place of instruction (excepting a commercial
school or private career college) offering courses equivalent to those
customarily offered in an elementary school or secondary school.
(84) “Service or Repair Shop” means a premise for the servicing, repairing
or renting of articles, goods or materials, but shall not include any motor
vehicle or boats.
(85) “Setback” means the shortest horizontal distance between a building or
structure and a lot line.
(86) “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. A storey also does not include
a mezzanine level situated immediately above the first floor.
(87) “Storey, First” means the storey with its floor closest to grade and
having its ceiling more than 1.8 metres above grade.
(88) “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 purposes 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 purposes under the Municipal Act.
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(89) “Street Line” means the dividing line between a lot and a street.
(90) “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.
(91) “Structure” means anything that is erected, built or constructed of
parts joined together with a fixed location on the ground, or
attached to something having a fixed location in or on the ground
and shall include buildings, walls or any sign, but does not include
fences below six feet in height or in-ground swimming pools.
(92) “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.
(93) “Temporary Sales Office” means a building, structure, facility or trailer
on the lot used for the purpose of the sale of dwelling units to be
erected on the lot.
(94) “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.
(95) “Tower” means the storeys within that portion of a building or structure
or part thereof located above the podium.
(96) “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.
(97) “Utility” means an essential public service such as electricity, gas,
television or communications/telecommunications that is provided by a
regulated company or public authority.
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(98) “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.
(99) “Zone” means a designated area of land use shown on Schedule II and
established and designated by this By-law for the purpose of a specific
use or group of uses that are erected and maintained in accordance
with the provisions of this By-law.
5. General Regulations
i. Live Work Units
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) Office;
f) Personal Service Shop;
g) Restaurant; or,
h) Retail Store.
ii. For any permitted use listed in Section 5.i., the minimum floor area is 50.0
square metres.
6. Permitted Uses and Zone Regulations (“MU-XX” Zone)
(1) Permitted Uses (“MU-XX” Zone)
No person shall, within the lands zoned “MU-XX” on Schedule II to this By-
law, use any lot or erect, alter, or use any building or structure for any
purpose except the following:
i) Residential Uses:
a) Apartment Dwelling
b) Block Townhouse Dwelling
c) Stacked Townhouse Dwelling
d) Nursing Home or Long-Term Care
e) Retirement Home
f) Home Occupation
g) Live-Work Dwelling
ii) Community Uses:
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a) Community Centre
b) Community Garden
c) Day Care Centre
d) Farmers Market
e) Library
f) Park
g) Park, Strata
h) Place of Worship
i) Privately-Owned and Publicly Accessible Space
j) School, Elementary
k) School, Private
l) School, Post-Secondary
m) School, Secondary
iii) Commercial Uses:
a) Animal Care Establishment
b) Art gallery/studio
c) Commercial Fitness/ Recreation Centre
d) Convenience Store
e) Car Share Service
f) Dry Cleaning Distribution Centre
g) Food Store
h) Financial Institution
i) Home Improvement Centre
j) Hotel
k) Kiosk
l) Office
m) Office, Medical
n) Outdoor Patio
o) Parking Garage
p) Parking Structure
q) Personal Service Shop
r) Place of Amusement
s) Retail Store
t) Restaurant
u) School, Commercial
v) Service and Repair Shop (non-vehicle)
w) Theatre
x) Temporary Sales Office
y) Veterinary Clinic
(2) Zone Regulations (“MU-XX” Zone)
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No person shall, within the lands zoned “MU-XX” on Schedule II to this By-
law, use any lot or erect, alter, or use any building or structure except in
accordance with the following provisions:
i) Floor Space Index (FSI) a) Maximum FSI – 5.0 b) For the purpose of calculating FSI for Section (2) i) a) above the total land
area of the lot as of the effective date
of this By-law shall be considered a lot – as shown on and Schedule I attached to this by-law. ii) Minimum Gross Leasable Floor Area of Commercial uses per Block, as shown on
Schedule IV to this By-law
a) Block A – minimum 6,300 square metres b) Block B – minimum 850 square metres
c) Block D – minimum 500 square metres
d) Block E – minimum 1,000 square metres e) Block F – minimum 900 square metres f) The minimum gross leasable area of
commercial uses requirements as set
out in Sections (2) ii) a) to e) above shall apply to the entirety of each Block. The required gross leasable floor area of commercial uses may be
provided across multiple buildings in
phases, provided that a Master Site Plan is submitted for the Block demonstrating that the minimum gross leasable floor area of commercial uses
for the Block will be achieved upon full
build-out.
iii) Building Height a) The maximum Building Heights are
identified on Schedule III to this By-law, and are specified by the number of storeys following the HT symbol. b) Notwithstanding Schedule III, related to Maximum Building Height, the
maximum height of a building or
structure, in metres, wholly located within the area identified by the dashed lines as shown in Schedule IV is specified by the number following
the HT symbol as shown in Schedule
IV.
iv) Building Heights
adjacent to Kingston Road
i) Notwithstanding Section (2) iii) a) & b)
and Schedules III and IV, Building Heights shall be limited by a 45-
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degree angular plane from the front property line, beginning at a height of 30 percent of the maximum right-of-way width of Kingston Road, being 45 metres.
v) Podium Requirements a) Minimum height of a Podium – 3 storeys and 10.5 metres. b) Notwithstanding Section (2) v) a)
above, this shall not apply to a podium in Block A and D, as shown on scheduled III to this by-law. c) Maximum height of a Podium – 6
storeys and 22 metres.
d) Notwithstanding Section (2) v) c) above, the maximum height of a podium for a building located within
Block A and D, as shown on
scheduled III to this by-law, is 6 storeys and 26 metres.
vi) Building Setbacks from
Street Line
a) Minimum building setback from a
Street Line adjacent to Kingston Road shall be 5.0 metres. b) Minimum building setback from a Street Line adjacent to Walnut Lane
shall be 3.0 metres c) Minimum building setback adjacent to Open Space Zones shall be 3.0 metres. d) Minimum building setback adjacent to
Environmental Protection Zone shall be 2.0 metres.
e) Minimum building setback from all other street line shall be 2.0 metres.
vii) Setback for Below Grade Parking
Structures
a) Notwithstanding Section (2) vi) above, the minimum setback for below-grade
parking structures shall be 0.0 metres.
viii)Tower Floor Plates a) Maximum tower floor plate – 850
square metres
ix) Building Separation a) Minimum – 11.0 metres, except that
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 b) Minimum – 18.0 metres for any portion
of a building greater than 8-storeys
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and 32 metres in height, except that 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
c) Minimum – 25.0 metres for any portion of a building greater than 12-storeys and 37.5 metres in height
x) Main Wall Stepback for Buildings equal to or less than 12 storeys and 37.5 metres in
height
a) Minimum main wall stepback – a minimum 66 percent of the main wall of a tower shall have a 3.0 metre setback from the main wall of a
podium on any building face abutting a
public street line
xi) Landscaped Area a) Minimum – 10 percent of the area of a
lot
xii) Amenity Space Requirements for
Apartment Dwellings
a) Minimum – 2.0 square metres of indoor amenity space is required per
apartment dwelling unit b) Minimum – 2.0 square metres of outdoor amenity space is required per apartment dwelling unit, including at least one contiguous common outdoor
amenity area of 40.0 square metres in size.
xiii)Active at Grade
Frontages
a) Minimum – 40 percent of the first
storey of a building along any street line with required Active at Grade Frontages, as shown on Schedule V to this By-law, shall be comprised of
openings and transparent glazing.
b) Despite (2) xiii) a) above, the minimum active at grade frontage requirement shall not apply to the portion of the building that is occupied by a Food
Store or Pharmacy.
c) Minimum ground floor height – 4.5 metres
xiv) Bedrooms a) Minimum number of 3-bedroom units – 8 percent
xv) Location of a Primary Door Entrance a) A primary entrance door with direct and unobstructed access to the public shall be incorporated into the wall of a building facing the street line. xvi) Balcony Requirements a) Minimum depth - 1.5 metres b) Notwithstanding (2) xvi) a) above, balconies are not permitted to project
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beyond the main wall less than 10.5 metres in height above grade along any street line with required Active At Grade Frontages.
(3) Height Exceptions
Notwithstanding Sections (2), maximum Building Height and Podium
Requirements, the following structures may project beyond the maximum
heights specified:
i) Planters and landscaping features may project a maximum of 1.5
metres.
ii) Architectural features, parapets, roof drainage components, green
roofs and thermal and waterproofing assembly may project beyond the
concrete slab of the roof by a maximum of 1.5 metres.
iii) Balcony and terrace guards, dividers, wind and noise screens, railings,
guard rails, and divider screens on a balcony and/or terrace may
project up to a maximum of 3.0 metres.
iv) Trellises and pergolas may project above the height limits to a
maximum of 4.0 metres.
v) Enclosed stairwells, garbage chute overruns, chimneys, and vents, air
shafts, exhaust flues, unenclosed structures providing safety or wind
protection to rooftop amenity space, equipment used for the functional
operation of the building, including electrical, utility, mechanical and
ventilation equipment, elevator shafts may project up to a maximum of
7.5 metres.
vi) Building maintenance and safety units and window washing equipment
may project above the height limits to a maximum of 3.0 metres above
the height of the building roof or the roof of the mechanical penthouse
(4) 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 screened
on all four sides.
ii) Rooftop mechanical equipment shall be set back a minimum of 5.0
metres from all edges of a roof.
iii) Notwithstanding Section (4) ii) above, no setback is required if rooftop
mechanical equipment is fully screened on all four sides or screened
by an architectural feature.
(5) Permitted Encroachments
No part of a required building setback shall be obstructed except as
follows:
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i) Projections such as window sills, chimney breasts, fireplaces, belt
courses, decorative column or cornices, pilasters, eaves, piers, eave
troughs, and other similar architectural features may be permitted in
any required setback, provided that no such feature, with the
exception of a downsprout, projects into the required setback more
than 0.6 m or half the distance of the minimum required setback,
whichever is less.
ii) Any stairs, including to a porch or any associated landing, uncovered
platform, covered platform, elevating devices, and any unenclosed
ramp for wheelchair access, may encroach no closer than 0.45 metres
to a lot line.
iii) A deck, balcony, porch, uncovered platform or covered platform may
encroach to a maximum of 2.0 metres or half the distance of the
required setback, whichever is less.
iv) A bay, box or bow window, with or without foundation, having a
maximum width of 4.0 metres to a maximum of 0.6 metres or half the
distance, whichever is less.
v) A Patio associated with a permitted non-residential use may encroach
to within 0.45 metres of a lot line.
vi) Air conditioners, satellite dishes, antennae, vents, and pipes, safety,
acoustic, and wind protection/mitigation features, damper equipment
to reduce building movement, and elements required for the functional
operation of a building, may encroach to a maximum of 0.6metres to
any interior lot line and shall not be on any easements in favour of the
City.
vii) Canopies and awnings, by a maximum of 3.0 metres
(6) Vehicular Parking Regulations
i) Minimum Parking Requirements:
Residential Uses
All permitted Residential Uses,
as listed in Section 6.(1) i) of this By-law
0.65 spaces per dwelling unit plus
0.15 of a space per dwelling unit for Visitors
All permitted Community Uses,
as listed in Section 6.(1)(ii) of this By-law, except for the following uses
2.5 spaces per 100 square metres
Gross Leasable Floor Area (GLFA)
School, Elementary, School, Private, School, Secondary
1.3 spaces per classroom
School, Post-Secondary 1.0 space per 100 square metres of GLFA
Daycare Centre 1.0 space per employee plus
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3.0 spaces and an additional 1.0 space per classroom
All permitted Commercial
Uses, as listed in Section 6.(1)(iii) of this By-law
3.3 spaces per 100m2 of GLFA
ii) Accessible Parking Requirements:
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.
iii) Calculation of Required Parking Spaces
a) Rounding Provisions – Where required parking is a fraction, the
number of parking spaces shall be rounded down to the nearest
whole number.
b) 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 provision 6.(7) below.
(7) Shared Parking
i) Notwithstanding Section 6.(6) above, Vehicular Parking Regulations, a
shared parking formula may be used for the calculation of required
parking for multiple uses on a lot.
ii) Shared parking is to be calculated in compliance with Table 1 below.
iii) All required parking spaces must be accessible to all uses participating
in the shared parking arrangement and may not be reserved for
specific users.
iv) 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 6.(6) above. The parking
requirement for each use is then multiplied by the percent of the peak
period for each time period, contained in Table 1. Each column is
totaled for weekday and weekend. The highest figure obtained from all
time periods shall become the required minimum parking for the
development.
Table 1: Shared Parking Formula
Type of Use Percentage of Peak Period (Weekday) Morning Noon Afternoon Evening
Financial Institution/Office/ 100 90 95 10
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Medical Office
Food Store/Personal Service Shop/Retail Store 65 90 90 90
Restaurant 20 100 30 100 Theatre 20 40 70 100
Hotel 70 70 70 100
Residential - Visitor 20 20 60 100
Type of Use Percentage of Peak Period (Weekday)
Morning Noon Afternoon Evening Financial Institution/Office/ Medical office 10 10 10 0
Food Store/Personal Service Shop/Retail Store
80 100 100 70
Restaurant 20 100 50 100
Theatre 20 60 80 100
Hotel 70 70 70 100
Residential - Visitor 20 20 60 100
(8) 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) Parking Space, Parallel: parallel parking space shall be a minimum of
2.6 metres in width and 6.4 metres in length
iii) Parking Space, Bus: bus parking space shall have an accessible area
of not less than 37.0 square metres for the parking and storage of a
bus.
iv) Aisle: parking lot aisles shall be a minimum of 6.0 metres in with for
one-way traffic and a minimum of 6.5 metres in width for two-way
traffic.
(9) Location of Parking Spaces -
i) No parking lot or parking space within a parking lot shall be permitted
within 3.0 metres of a public street line or within any daylighting
triangle or corner rounding.
ii) A minimum 3.0 m wide landscape strip shall be required and
permanently maintained between any public street line, daylighting
triangle or residential development and the parking spaces or aisles.
iii) Sections (9) i) and ii) above do not apply to parking spaces in a
parking structure.
(10) Parking Structures
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i) Portions of Parking Structures constructed above grade, located
adjacent to any public 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 metres of the depth of
the parking structure measured in from the lot line along a public street
line with required active at grade frontages, as shown on Schedule V
to this By-law.
(11) Yards Abutting Daylight Triangles
i) 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
windowsills, belt courses, cornices, eaves, and eave troughs, which
may project to within 0.3 metres of the daylight triangle.
(12) Bicycle Parking Space Requirements
i) Bicycle parking spaces must be located on the same lot as the use of
the building for which it is required.
ii) Minimum number of bicycle parking spaces:
a) 0.5 of a space per apartment dwelling unit (long-term);
b) 0.1 of a space per apartment dwelling unit (short-term);
c) 1.0 space per block townhouse dwelling, stacked townhouse and
live-work unit;
d) 1.0 space for every 1,000 square metres of gross leasable floor
area or portion thereof for the uses listed in Sections 6.(1)ii. & iii. of
this By-law.
e) For non-residential uses: a minimum of one (1) bicycle parking
rack for short-term bicycle parking
iii) Dimensions:
a) if located in a horizontal position (on the ground): a minimum
length of 1.6 metres, a minimum width of 0.6 metres, and a vertical
clearance of 1.1 metres;
b) if located in a vertical position (on the wall): a minimum length of
1.5 metres, a minimum width of 0.5 metres, and a vertical
clearance of 1.5 metres;
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c) if located in a horizontal position and stacked: a minimum length of
1.8 metres, a minimum width of 0.37 metres, and a vertical
clearance of 1.1 metres
iv) The General Provisions for Bicycle Parking Spaces
a) In this Section, the terms “long-term” bicycle parking space and
“short-term” bicycle parking space have the following meaning:
• “long-term” bicycle parking spaces are those for use by the
occupants or tenants of a building; and,
• “short-term” bicycle parking spaces are those for use by
visitors to a building.
b) Notwithstanding any other provisions of this By-law, bicycle
parking spaces are permitted on any part of a lot.
c) Where the number of bicycle parking spaces exceeds 50 spaces,
a minimum of 25% of the total required must be located within:
• a building or structure
• a secure area such as supervised parking lot or enclosure;
• bicycle lockers.
d) 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.
e) For Apartment Dwellings, a minimum of 15% of the required
long-term bicycle parking spaces, or 1.0 parking space,
whichever is greater, shall include an energized 120-volt
outlet, or roughed-in 120-volt outlet adjacent to the bicycle
rack or parking space.
(13) Loading Space Requirements
i) A minimum of one loading space shall be provided per building.
ii) For every building or structure to be erected for, altered for, or its use
converted to a commercial or industrial 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.
iii) Any required off-street loading space shall
a) Not be used for the purpose of offering commodities for sale or
display;
b) Provide for the temporary parking of one (1) commercial vehicle;
c) Not be upon or partly upon any street, lane or alley; and
d) 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
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be used for the temporary parking or storage of any motor vehicle.
(14) Loading Space Dimensions
i) The minimum dimensions of a loading space shall be 3.5 m in width
and 12.0 m in length, with a minimum vertical clearance of 4.2 m
(15) Location of Loading Spaces
i) No loading space shall be permitted in the front yard of any zone
ii) A loading space shall abut the building for which the loading space is
provided.
iii) An unenclosed loading space located above grade shall be set back a
minimum of 10.0 m from a street line.
iv) An enclosed loading space located above grade shall comply with the
required building setbacks .
7. Permitted Uses and Zone Regulations (“OS-XX” Zone)
(1) No person shall, within the lands zoned “OS-XX” on Schedule II to this
Bylaw, use any lot or erect, alter, or use any building or structure for any
purpose except the following:
i) Park
ii) Strata Park
iii) Privately-Owned and Publicly Accessible Space
iv) Community Centre
v) Kiosk
vi) Uses accessory to an Elementary School, a Secondary School or a
Post-Secondary School, including, but not limited to, marshalling
areas and play areas.
(2) Parking structures, for public or private use, constructed completely below
established grade, are permitted to encroach below public parkland.
8. Permitted Uses and Zone Regulations (“EP-XX” Zone)
(1) No person shall within the lands zoned “EP-XX” on Schedule II to this
Bylaw, use any lot or erect, alter, or use any building or structure for any
purpose except the following:
i) Conservation Use
ii) Passive Recreational Use
iii) Buildings or structures designed to be used in connection with
permitted parks and recreational purposes and conservation uses
9. Holding Provisions
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Notwithstanding any other provisions of this by-law, where a zone symbol is
preceded by an open bracket and the letter ‘H’ and a closed bracket, no person
shall use any lot or alter or use any building or structure except for any permitted
uses as set out in this section.
Council may pass a by-law to remove the (H) Holding Symbol, thereby replacing
the lands in the zone indicated by the zone symbol, when the applicable
requirements have been met.
(1) Provisions (“XXX (H1” Zone):
i) Permitted Uses
Until such time as the “(H1)” Holding Provision is lifted, the lands shall
not be used for any purposes other than lawful uses permitted as of
the date of the enactment of this by-law. Such uses may be continued
and/or expanded as per the provisions of By-law 6777/07 and By-law
6778/07.
ii) Zone Requirements
The “(H1)” Holding Symbol shall not be removed from the lands
designated “MU-XX” on Schedule X attached hereto, until such time
as:
a) Prior to the issuance of Site Plan Approval, the owner shall
execute a Master Parkland Dedication agreement detailing the
timing for the conveyance of the required parkland to the
satisfaction of Council.
(2) Provisions (“XXX (H2” Zone)
i) Permitted Uses
Until such time as the “(H2)” Holding Provision is lifted, the lands shall
not be used for any purposes other than lawful uses permitted as of
the date of the enactment of this by-law. Such uses may be continued
and/or expanded as per the provisions of By-law 6777/07 and By-law
6778/07.
ii) Zone Requirements
The “(H2)” Holding Symbol shall not be removed from the lands
designated “MU-XX” on Schedule X attached hereto, until such time
as:
a) The owner has satisfied the requirements of the Regional
Municipality of Durham with respect to sufficient sanitary and
water supply capacity to be enable the development of the
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applicable lands, and that a financially secured agreement has
been entered into with the Region, if applicable.
10. By-laws 3036, as amended by By-laws 6777/07 and 6778/07, are 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 II attached hereto. Definitions
and subject matters not specifically dealt with in this By-law shall be governed by
relevant provision of by-laws 3036, as amended by By-laws 6777/07, and
6778/07.
11. EFFECTIVE DATE
This By-law shall come into force and in accordance with the provisions of the
Planning Act.
Schedule I – Lot Area Schedule
Schedule II – Zone designation schedule
Schedule III – Height Schedule in storeys
Schedule IV – Height Schedule in metres
Schedule V – Active at grade frontages schedule
Schedule VI – “H” Schedule
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