HomeMy WebLinkAboutBy-law 8006/23The Corporation of the City of Pickering
By-law No. 8006/23
Being a By-law to amend Restricted Area (Zoning) By-law
3036, as amended, to implement the Official Plan of the City
of Pickering, Region of Durham, Part of Lot 18, Concession
1 North, Now Part 1, 40R-8663, City of Pickering (A 13/20)
Whereas the Council of The Corporation of the City of Pickering received an application
to rezone the subject lands being Part of Lot 19, Concession 1 North, Now Part 1,
40R-8663, 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 2212/86, is
therefore deemed necessary;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1.Schedules I, II, and III
Schedules I, II, and III to this By-law with notations and references shown
thereon are hereby declared to be part of this By-law.
2.Area Restricted
The provisions of this By-law shall apply to those lands being Part of Lot 19,
Concession 1 North, Now Part 1, 40R-8663, in the City of Pickering, designated
“BP-MU-2”, “OS-PP”, and “(H)BP-MU-2”, on Schedule I to this By-law.
3.General Provisions
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.
4.Definitions
In this By-law,
(1)“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.
(2)“Art Gallery/Studio” means a premises used for the creation, exhibition,
collection and/or preservation of works of art for public viewing and sale
and may include educational classes.
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(3)“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.
(4)“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.
(5)“Block” means all land fronting on one side of a street between the nearest
streets, intersecting, meeting or crossing said street.
(6)“Build-to-Zone” shall mean an area of land in which all or part of a building
elevation of one or more buildings is to be located.
(7)“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.
(8)“Building, Main” means a building in which is carried on the principal
purpose for which the lot is used.
(9)“Building, Mixed Use” means a building containing residential uses and at
least one non-residential use permitted by this By-law.
(10)“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.
(11)“Commercial Use” means any permitted use the primary purpose of which
is to sell, lease or rent a product of service directly to the public, including
but not limited to retail sales, entertainment services and personal or
professional services, but shall exclude residential uses.
(12)“Commercial Fitness/Recreational Centre” means a commercial
establishment that has been designed for conduct of sport, athletic and
leisure activities such as squash courts, swimming pools, exercise classes
and other similar indoor recreational facilities are provided and operated
for gain or profit.
(13)“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.
(14)“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
By-law No. 8006/23 Page 3
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.
(15)“Daylight Triangle” means an area free of buildings, structures, fences and
hedges up to 0.9 metres in height and which area is to be determined by
measuring, from the point of intersection of street lines on a corner lot, the
distance required by this By-law 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.
(16)“Development Agreement” means an executed contract between a
developer/property owner and the City of Pickering that is required in
order to implement development and may include a subdivision
agreement, site plan agreement, or other similar agreements for
development.
(17)“District Energy Facility” means a centrally located facility or linked
facilities that generates and distributes thermal energy (steam and/or hot
and cold water) to end users through an underground pipeline distribution
system and generates electricity, including electricity for supply to the grid.
(18)“Dry Cleaning Distribution Centre” means a premises used for the purpose
of receiving articles or goods of fabric to be laundered or dry-cleaned
elsewhere and does not include a dry cleaning establishment.
(19)“Dry Cleaning Establishment” means a premises in which the business of
laundry or dry cleaning is housed and where the cleaning, drying, ironing,
and finishing of such goods is conducted.
(20)“Dwelling” includes:
a)“Accessory Dwelling Unit” means a separate dwelling unit subsidiary
to and located in the same building as an associated principal
dwelling unit; and its creation does not result in the creation of a
semi-detached dwelling, duplex dwelling, three-unit dwelling or
converted dwelling.
b)“Apartment Dwelling” means a residential use building containing four
or more principal dwelling units where the units are connected by a
common corridor or vestibule, other than a townhouse dwelling or
stacked dwelling.
c)“Block Townhouse Dwelling” 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.
By-law No. 8006/23 Page 4
d)“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 premises;
iii)contains kitchen and bathroom facilities that are intended for the
use of the unit only; and
iv)is not a mobile home or any vehicle.
e)“Stacked Dwelling” 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.
f)“Live Work Dwelling” means a dwelling, where the ground floor only,
or part thereof, may be used for commercial use 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.
(21)“Existing” means existing as of the date of the enactment of the provision
that contains that word.
(22)“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.
(23)“Floor Area” means the total area of all floors of a building within the
outside walls.
(24)“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:
(a)Motor vehicle parking and bicycle parking below established grade;
(b)Motor vehicle parking and bicycle parking at or above established
grade;
(c)Loading spaces and related corridors used for loading purposes;
(d)Rooms for storage, storage lockers, washrooms, electrical, utility,
mechanical and ventilation;
(e)Indoor amenity space required by this By-law;
(f)Elevator, garbage and ventilating shafts;
(g)Mechanical penthouse; and
(h)Stairwells in the building.
(25)“Floor Space Index” means the total net floor area of all buildings on a lot
divided by the total area of the lot.
(26)“Food Store” means a premises that sells food and other non-food items,
primarily on a self-service basis.
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(27)“Grade” or “Established Grade” means the average elevation of the
finished level of the ground adjoining all exterior walls of a building.
(28)“Gross Floor Area” means the total area of each floor whether located
above, at or below grade, measured between the exterior faces of the
exterior walls of the building at each floor level but excluding any porch,
veranda, cellar, mechanical room or penthouse, or areas dedicated to
parking within the building. For the purposes of this definition, the walls of
an inner court shall be deemed to be exterior walls.
(29)“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; expressed in square metres and measured
from the centre line of joint partitions and from outside wall faces.
(30)“Ground Floor” means the floor of a building at or first above grade.
(31)“Ground Floor Area” means the gross floor area only on the ground floor.
(32)“Height” means the vertical distance between the established 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. The height requirements of this By-law shall not apply
to roof top mechanical penthouses.
(33)“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.
(34)“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.
(35)“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.
(36)“Lot” means a parcel of land fronting on a street, whether or not occupied
by a building or structure.
(37)“Lot Area” means the total horizontal area of a lot.
(38)“Lot Line” means a line delineating any boundary of a lot.
By-law No. 8006/23 Page 6
(39)“Main Wall” means a primary exterior front, rear or side wall of a building,
not including permitted projections.
(40)“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.
(41)“Office, Medical” means a premises designed and used for the diagnosis,
examination, and medical, surgical or physiotherapeutic treatment of
human patients, and which may include pharmacies and dispensaries,
waiting rooms, treatment rooms and blood testing clinics, but shall not
include overnight accommodation for in-patient care.
(42)“Park, Private” means an area of land not under the jurisdiction of a public
authority that is designed or maintained for active or passive recreational
purposes.
(43)“Parking Area” means one or more parking spaces, including related
aisles, for the parking or storage of vehicles.
(44)“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.
(45)“Parking Lot” means a lot or portion thereof provided for the parking of
motor vehicles accessory or incidental to the main use.
(46)“Parking Space” means an unobstructed area of land that is accessible by
an aisle, having access to a street or lane that is reserved for the purpose
of the temporary parking or storage of one motor vehicle.
(47)“Parking Space, Bicycle” means an area used exclusively for parking or
storing a bicycle.
(48)“Parking Structure” means a building or portion thereof, containing one or
more parking spaces.
(49)“Patio” means an outdoor area where seating accommodation can be
provided and/or where meals or refreshments are served to the public for
consumption.
(50)“Personal Service Shop” means a premises used to provide personal
grooming services or for the cleaning or care of apparel.
(51)“Place of Amusement” means a premises which are devoted to the
offering of facilities for the playing of any game for the amusement of the
public such as a billiard or pool rooms, bowling alleys, electronic games,
indoor playground, miniature golf courses or roller skating rinks.
By-law No. 8006/23 Page 7
(52)“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.
(53)“Point Tower” means a compact and slender building form.
(54)“Porch” means a roofed deck or portico structure with direct access to the
ground that is attached to the exterior wall of a building.
(55)“Premises” means the whole or part of lands, buildings or structures, or
any combination of these.
(56)“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.
(57)“Primary Window” means all windows except bathroom, hallway, closet or
kitchen windows.
(58)“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 night club.
(59)“Retail Store” means a premises in which goods and merchandise are
offered or kept for retail sale or rental to the public.
(60)“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.
(61)“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.
(62)“Setback” means the distance between a building and a lot line. In
calculating the setback the horizontal distance from the respective lot line
shall be used.
(63)“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.
(64)“Storey, First” means the storey with its floor closest to grade and having
its ceiling more than 1.8 metres above grade.
(65)“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
By-law No. 8006/23 Page 8
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.
(66)“Street Line” means the dividing line between a lot and a street.
(67)“Street, Private” means:
a)a right-of-way or roadway that is used by vehicles and is maintained
by a condominium corporation;
b)a private road condominium, which provides access to individual
freehold lots;
c)a roadway maintained by a corporation to provide vehicular and
pedestrian access to parking lots and individual retail/commercial
units;
d)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.
(68)“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.
(69)“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.
(70)“Tower” means the storeys within that portion of a building or structure or
part thereof located above the podium.
(71)“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.
(72)“Uncovered Platform” means an attached or freestanding structure not
covered by a roof, which is located on the same level as or lower than the
first storey of the building associated with the platform.
(73)“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.
By-law No. 8006/23 Page 9
5.Permitted Uses and Zone Regulations
(1)Permitted Uses (“BP-MU-2 Zone”)
No person shall within the lands zoned “BP-MU-2” on Schedule I to this
By-law, use any lot or erect, alter, or use any building or structure for any
purpose except the following:
a)Apartment Dwelling
b)Block Townhouse Dwelling
c)Stacked Dwelling
d)Live Work Dwelling
e)Art gallery/studio
f)Community Centre
g)Commercial Fitness/ Recreation Centre
h)Car Share Service
i)Day Care Centre
j)Financial Institution
k)Food Store
l)Office
m)Office, Medical
n)Personal Service Shop
o)Retail Store
p)Restaurant
q)School, Commercial
r)School, Private
s)Veterinary Clinic
(2)Zone Regulations (“BP-MU-2” Zone)
No person shall within the lands zoned “BP-MU-2” on Schedule I to this By-
law, use any lot or erect, alter, or use any building or structure except in
accordance with the following provisions:
a)Floor Space Index
(FSI)
i)the area shown on Schedule I to this By-law,
zoned “BP-MU-2” and “OS-PP” shall be the
extent of the lands for the purposes of
calculating FSI
ii)minimum FSI – 0.75
iii)maximum FSI – 4.4
b)Number of Dwelling
Units
i)minimum 74 units
ii)maximum 675 units
c)Building Height i)the maximum height of a building wholly
located within the dashed lines, is specified
by the number following the HT symbol as
shown on Schedule III to this By-law
ii)notwithstanding section 5 (2) c) i) above,
enclosed stairwells providing roof access
By-law No. 8006/23 Page 10
may exceed the maximum building height as
shown on schedule III to a maximum of 2.7
metres
iii)notwithstanding Section 5 (2) c) ii) above, all
portions of a building or structure within the
building envelope as shown on Schedule II
attached hereto, shall be limited by a
45-degree angular plane measured 7.5
metres from the north and west lot line at a
height of 10.5 metres above grade, where
adjacent lands are zoned “RH(SC)” or
“RH/MU-5”
iv)notwithstanding Section 5 (2) c) iii) above,
mechanical penthouses, balconies,
enclosed stairwells providing roof access
and architectural features such as parapet
walls are permitted to project beyond the
angular plane
d)Podium Requirements i)minimum height of podium – 11.0 metres (3-
storeys)
ii)maximum height of podium – 21.0 metres
(6-storeys)
e)Building Location and
Setbacks
i)no building or part of a building, or structure
shall be erected outside of a building
envelope, as shown on Schedule II to this
By-law
ii)no building or portion of a building or
structure shall be erected within the building
envelope, unless a minimum of 80 percent
of the entire length of the build-to-zone, as
shown on Schedule II to this By-law,
contains a continuous portion of the exterior
wall of a building
iii)notwithstanding section 5 (2) e) i) above, the
ground floor of a podium shall maintain a
minimum setback of 4.5 metres
iv)notwithstanding section 5 (2) e) i) above,
buildings or portions of buildings not
exceeding 4.5 metres in height and used
solely for access to an underground parking
garage are permitted to be located beyond
the building envelope, provided such
buildings are setback a minimum of 1.0
metres from all lots lines
By-law No. 8006/23 Page 11
f)Setback for Below
Grade Parking
Structures
i)minimum – 0.0 metres
ii)notwithstanding Section 5 (2) f) i) above, a
minimum setback of 4.5 metres shall be
provided from the north property line
iii)notwithstanding Section 5 (2) f) i) above, a
minimum setback of 9.0 metres shall be
provided from the west property line where
the adjacent property is zoned for residential
uses
g)Tower Floor Plate i)maximum tower floor plate for residential
buildings greater than 37.5 metres in height
–850 square metres
ii)notwithstanding Section 5 (2) g) i) above,
balconies shall be excluded from the
calculation of tower floor plate
h)Building Separation i)minimum – 15.0 metres, which shall be
measured from the main wall of each
building but shall exclude balconies,
porches and steps
ii)despite Section 5 (2) h) i) above, separation
may be reduced to 3.0 metres if there are no
primary windows or balconies on the wall
facing the adjacent flanking building or if one
or both of the flanking buildings are 3-
storeys or less in height
iii)minimum –18.0 metres for any portion of a
building greater than 37.5 metres in height,
which shall be measured from the main wall
of each building, but shall exclude
balconies, porches and steps
i)Main Wall Stepback for
Buildings greater than
37.5 metres
i)minimum main wall stepback - 3.0 metres
from the main wall of a point tower and the
main wall of a podium on any building face
abutting a street line
ii)despite Section 5 (2) i) i) above, a main wall
stepback shall not be required for any
building face located beyond the 10th storey
j)Private Amenity
Requirements
i)a minimum of one balcony, deck or private
patio shall be provided for each dwelling unit
ii)minimum area – 3.0 square metres
By-law No. 8006/23 Page 12
k)Amenity Space
Requirements for
Apartment Dwellings
i)minimum – 2.0 square metres of indoor
amenity space is required per apartment
dwelling unit
ii)minimum – 2.0 square metres of outdoor
amenity space is required per apartment
dwelling unit (a minimum contiguous area of
40.0 square metres must be provided in a
common location)
l)Landscaped Area i)minimum 10 percent of the land area
ii)the area shown on Schedule I to this By-law,
zoned “BP-MU-2” shall be the extent of the
lands for the purposes of calculating
landscaped area
m)Non-Residential Uses i)minimum 1,800 square metres of Gross
Leasable Floor Area shall be located on the
lands, as shown on Schedule I to this
By-law
(3)Permitted Encroachments
No part of the building envelope shall be obstructed except as follows:
i)Projections such as awnings, canopies, window sills, chimney breasts,
fireplaces, belt courses, cornices, pilasters, eaves, piers, eave troughs,
and other similar architectural features may be permitted to project a
maximum of 2.0 metres beyond the building envelope as illustrated on
Schedule III to this By-law, but shall maintain a minimum setback of
1.0 metres to a lot line.
ii)Any stairs, including to a porch or any associated landing, uncovered
platform, covered platform, and any unenclosed ramp for wheelchair
access may encroach beyond the building envelope no closer than
0.45 metres to a lot line.
iii)A balcony, porch, uncovered platform or covered platform may
encroach beyond the building envelope 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 may encroach beyond the building
envelope 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
beyond the building envelope to within 0.45 metres of a lot line.
(4)Yards Abutting Daylight Triangles
Where a lot abuts a daylight triangle, the setback provisions shall be
measured as if the daylight triangle did not exist, provided all buildings are
setback 0.6 metres from the daylight triangle with the exception of window
By-law No. 8006/23 Page 13
sills, belt courses, cornices, eaves, eave troughs and architectural elements,
such as the architectural projections from the podium and canopies, which
may project to within 0.3 metres of the daylight triangle.
(5)Vehicular Parking Regulations
a)Minimum Parking Requirements:
Residential Uses
Apartment Dwelling 0.85 spaces per dwelling unit and an additional
0.15 of a space per dwelling unit for visitors
Block Townhouse Dwelling 1.75 spaces per dwelling unit
0.15 of a space per dwelling unit for visitors
Stacked Dwelling 1.25 spaces per dwelling unit
0.15 of a space per dwelling unit for visitors
Live Work Dwelling 0.85 spaces per dwelling unit plus 3 spaces per
100 square metres gross leasable floor area
(GLFA) of commercial use.
Non-Residential Uses
Day Care Centre 1.0 space per employee plus 3.0 spaces and an
additional 1.0 space per classroom
Office 2.5 spaces per 100 square metres of GLFA
Art gallery/studio, Financial
Institution, Food Store,
Retail Store, Private
School, Commercial
School, Personal Service,
Office Medical, Veterinary
Clinic and Community
Centre
3.5 spaces per 100 square metres of GLFA
Commercial Fitness Centre 4.5 spaces per 100 square metres of GLFA
Restaurant 5.0 spaces per 100 square metres of GLFA
b)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.
c)Parking for Multiple Uses on One Lot:
A shared parking formula may be used for the calculation of required
parking for multiple uses on a lot.
By-law No. 8006/23 Page 14
Shared parking is to be calculated in compliance with Table 1 – Shared
Parking Formula.
All required parking spaces must be accessible to all uses participating
in the shared parking arrangement and may not be reserved for
specific users.
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 as if these uses were free-standing buildings. The
parking requirement for each use is then multiplied by the percent of
the peak period for each time period (i.e., noon), contained in Table 1 –
Shared Parking Formula. Each column is totaled for weekday and
weekend. The highest figure obtained from all time periods shall
become the required parking for the development.
Table 1 – Shared Parking Formula
Type of Use Percentage of Peak Period (Weekday)
Morning Noon Afternoon Evening
Financial
Institution/Office/Office,
Medical/Day Care Centre/
Private School/Veterinary
Clinic
100 90 95 10
Art gallery/studio/ Food
Store/Personal Service
Shop/Retail
Store/Commercial Fitness
Centre/Community Centre
/Commercial School
65 90 90 90
Restaurant 20 100 30 100
Residential – Visitor 20 20 60 100
Type of Use Percentage of Peak Period (Saturday)
Morning Noon Afternoon Evening
Financial
Institution/Office/Office,
Medical/Day Care
Centre/Private
School/Veterinary Clinic
10 10 10 0
Art gallery/studio/ Food
Store/Personal Service
Shop/Retail Store
80 100 100 70
By-law No. 8006/23 Page 15
Type of Use Percentage of Peak Period (Saturday)
Morning Noon Afternoon Evening
/Commercial Fitness
Centre/Community
Centre/Commercial School
Restaurant 20 100 50 100
Residential – Visitor 20 20 60 100
d)Parking Structures
i)Parking structures constructed completely below established
grade are permitted to encroach below private parks.
ii)Stairs associated with a parking structure are not permitted
between a street line and the main wall of a building.
iii)Air vents constructed in association with an underground parking
structure are permitted to project to a maximum of 1.2 metres
above established grade no closer than 1.2 metres to a street
line.
(6)Bicycle Parking Space Requirements
a)Minimum number of bicycle parking spaces:
i)0.5 of a space per apartment dwelling unit;
ii)1.0 space per block townhouse dwelling, stacked townhouse and
live work unit;
iii)1.0 space for each 1,000 square metres of gross leasable floor
area or portion thereof.
b)Where the number of bicycle parking spaces exceeds 50 spaces, a
minimum of 25 percent of the total required must be located within:
i)a building or structure;
ii)a secure area such as a supervised parking lot or enclosure; or
iii)bicycle lockers.
c)Where four or more bicycle parking spaces are provided in a common
parking area, each space must contain a parking rack that is securely
anchored to the ground and attached to a heavy base such as
concrete.
d)Dimensions:
i)if located in a horizontal position (on the ground): a minimum
length of 1.6 metres and a minimum width of 0.6 metres;
ii)if located in a vertical position (on the wall): a minimum length of
1.5 metres and a minimum width of 0.5 metres;
iii)if stacked: a minimum length of 1.5 metres and a minimum width
of 0.45 metres.
By-law No. 8006/23 Page 16
(7)Loading Standards
Where a loading space is provided, the following regulations apply:
a)the minimum dimensions of a loading space are 3.5 metres in width
and 12.0 metres in length, with a minimum vertical clearance of
4.2 metres;
b)a loading space shall abut the building for which the loading space is
provided;
c)an unenclosed loading space located above established grade shall be
set back a minimum of 10.0 metres from a street line;
d)an enclosed loading space located above established grade shall not
be located beyond the building envelope as shown on Schedule III to
this By-law.
(8)Noise Attenuation
a)Notwithstanding Section 5 (2) d) related to Podium Requirements for
Buildings greater than 37.5 metres, the following building elements
may exceed the maximum podium height:
i.equipment used for the functional operation of the building and
structures including electrical, utility, mechanical and ventilation
equipment, enclosed stairwells roof access, maintenance
equipment storage, chimneys, vents, and window washing
equipment;
ii.architectural features, parapets, elements and structures
associated with a green roof;
iii.planters, landscaping features, guard rails, divider screens on a
balcony and/or terrace; and
iv.trellises, pergolas and unenclosed structures providing safety or
wind/noise protection to rooftop amenity space.
(9)Live Work Dwelling
a)Notwithstanding the permitted uses outlined under Section 5(1), the
following specific uses are permitted in a live work dwelling:
i)art gallery/studio
ii)dry-cleaning distribution centre
iii)dwelling unit;
iv)medical office
v)office
vi)personal service shop
vii)restaurant
viii)retail store
b)For any permitted use listed in 2 (9) a) above, the minimum floor area
within a dwelling unit is 50 square metres and minimum floor-to-ceiling
height of 4.5 metres is required.
By-law No. 8006/23 Page 17
(10)Special Provisions
a)Sections 5.21.1, 5.21.2(a) 5.21.2(b), 5.21.2(d), 5.21.2(e), 5.21.2(f),
5.22 and 6.4 of By-law 3036, as amended, shall not apply to the lands
zoned “BP-MU-2” and “OS-PP” on Schedule I attached to this By-law.
6.Provisions (“OS-PP” Zone)
(1)Permitted Uses (“OS-PP” Zone)
No person shall within the lands zoned “OS-PP” on Schedule I to this By-
law, use any lot or erect, alter, or use any building or structure for any
purpose except the following:
(a)Private Park
7.Provisions (“(H)BP-MU-2” Zone)
(1)Permitted Uses (“(H)BP-MU-2” Zone)
Until such time as the “(H)” 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, located on the land or in existing buildings or
structures, provided such use continue in the same manner and for the
same purpose for which they were used on the day this by-law was passed.
(2)Zone Requirements (“(H) BP-MU-2” Zone)
The “(H)” Holding Symbol shall be removed from the “BP-MU-2” zone until
the completion of the following:
a)The owner has satisfied all the requirements of the Regional
Municipality of Durham with respect to the provision of sewer and
water services, Regional roads, and entered into any necessary
agreements in this regard, including front funding or cost sharing
agreements.
8.By-law 3036
By-law 3036, is hereby further amended only to the extent necessary to give
effect to the provisions of this By-law as it applies to the area set out in
Schedule I to this By-law. Definitions and subject matters not specifically dealt
with in this By-law shall be governed by relevant provisions of By-law 3036.
By-law No. 8006/23 Page 18
9.Effective Date
That this By-law shall come into force in accordance with the provisions of the
Planning Act.
By-law passed this 27th day of March, 2023.
Original Signed By___________________________________
Kevin Ashe, Mayor
Original Signed By___________________________________
Susan Cassel, City Clerk
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Schedule I to By-Law 8006/23 Passed This 27th Day of March 2023
(H) BP-MU-2
OS-PP
93.7m51
.
8
m
36.9m
140.7m
65
.
8
m
46
.
2
m
36.5m
3
4
.
0
m
10
.
0
m
13.8m
Original Signed By
Mayor
Original Signed By
Clerk
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Schedule II to By-Law 8006/23 Passed This 27th Day of March 2023
4.0m
7.5m
9.0m 9.0m
9.0m
7.5m
3.0m
3.0m
7.5m
9.0m
4.0m
Building Envelope
Build to Zone (minimum of 5.0 metres)
122.7m
50
.
8
m
38
.
7
m
30.8m
84.4m
54
.
0
m
27.5m
3
1
.
0
m
Original Signed By
Mayor
Original Signed By
Clerk
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Schedule III to By-Law 8006/23 Passed This 27th Day of March 2023
HT: 9.0m (Max: 2 Storeys)
HT: 12.0m (Max: 4 Storeys)
HT: 39.0m (Max: 12 Storeys)
HT: 21.0m (Max: 6 Storeys)
HT: 93.0m (Max: 30 Storeys)
HT: 93.0m (Max: 30 Storeys)
HT: 90.0m (Max: 29 Storeys)
HT: 84.0m (Max: 27 Storeys)
HT: 87.0m (Max: 28 Storeys)
93.7m51
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8
m
140.7m
65
.
8
m
30
.
2
m
75.0m
54.2m
24.9m 29.3m
38.9m
39
.
9
m
26
.
0
m
22
.
6
m
25
.
4
m
19
.
5
m
3
2
.
3
m
31.0m
5.9m
Kingston
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39.4m
40.9m44.0m42.2m
141.8m
13.8m
22
.
8
m
3.0m 3.3m3.3m3.9m
1.7m
2.0m
4.4m
4.0m
4.0m
3.4m
7.
5
m
9.0m
Original Signed By
Mayor
Original Signed By
Clerk