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HomeMy WebLinkAboutBy-law 8036/23The Corporation of the City of Pickering By-law No. 8036/23 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham Whereas the Province of Ontario has amended the Planning Act, R.S.O. 1990, c. P.13, to expand the permissions for additional residential units (additional dwelling units); And whereas an amendment to Zoning By-law 3036, as amended, is required to expand the permissions for additional dwelling units; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1.Section 2 Definitions a.2.1.1 ACCESSORY DWELLING UNIT is hereby deleted and replaced with: 2.1.1 ACCESSORY DWELLING UNIT “Accessory Dwelling Unit” shall mean one self contained dwelling unit contained within a permitted detached dwelling or semi-detached dwelling 2.1.1 ADDITIONAL DWELLING UNIT Additional Dwelling Unit shall mean a self-contained unit in a detached dwelling, semi-detached dwelling, block townhouse dwelling unit, street townhouse dwelling unit, or in a building accessory to a detached dwelling, semi-detached dwelling, block townhouse dwelling unit, and street townhouse dwelling unit on the same lot. The additional dwelling unit shall consist of one or more rooms that are designed, occupied or intended for residential occupancy, by one or more persons as an independent and separate residence in which cooking facilities, sleeping facilities, and sanitary facilities are provided for the exclusive use of such person or persons. 2.Section 5 – General Provisions For All Zones a.5.18 (f) is hereby amended as follows: 5.18 ACCESSORY BUILDINGS AND USES (f)Human habitation is not permitted in an accessory structure, except for accessory structures that meet the definition of an additional dwelling unit. By-law No. 8036/23 Page 2 b.5.21.1 is hereby amended: 5.21 MINIMUM OFF-STREET PARKING REQUIREMENTS USE OF BUILDING OR SITE MINIMUM # OF PARKING SPACES 1.Residential detached dwelling accessory dwelling 1 space per dwelling unit additional dwelling unit 1 space per dwelling unit additional dwelling unit in the City Centre Neighbourhood as defined in the Official Plan 0 spaces additional dwelling unit on a lot within a 500 metres walking distance of Kingston Road, or on a lot within 500 metres walking distance of the Pickering GO Station 1 space for the first additional dwelling unit and 0 spaces for the second additional dwelling unit c.5.28 is hereby amended: 5.28 TRUCK, BUS AND COACH BODIES No truck, bus, coach or streetcar body, or structure of any kind, other than a dwelling unit or an accessory dwelling unit additional dwelling unit, erected and used in accordance with this and all other By-laws of the Town, shall be used as a dwelling unit within the area affected by this By-law, whether or not the same is mounted on wheels. d.5.32 is hereby deleted and replaced with: 5.32 ACCESSORY DWELLING UNIT Despite any provision in this By-law to the contrary in any zone that permits a detached dwelling or a semi-detached dwelling an accessory dwelling unit is permitted within the detached dwelling or semi- detached dwelling provided: (a)a total of three (3) parking spaces are provided on the property where the accessory dwelling unit is located; (b)the maximum floor area of an accessory dwelling unit shall be one hundred (100) square metres; (c)a home-based business is prohibited in either dwelling unit of a dwelling containing an accessory dwelling unit. By-law No. 8036/23 Page 3 (d)an accessory dwelling unit is not permitted within an accessory dwelling that is permitted in Rural Agricultural Zone. 5.32 ADDITIONAL DWELLING UNIT Notwithstanding the provisions of 5.18, the following provisions shall apply to any lots containing an additional dwelling unit. (a)A maximum of one additional dwelling unit is permitted within any legally permitted single detached, semi-detached, block townhouse dwelling unit, or street townhouse dwelling unit and a maximum of one additional unit is permitted within an accessory building on the same lot. (b)A maximum of two additional dwelling units are permitted within any legally permitted detached dwelling, semi-detached dwelling, block townhouse dwelling unit, or street townhouse dwelling unit provided there are no additional dwelling units contained within an accessory building on the same lot. (c)Notwithstanding 5.32 (a) and (b), additional dwelling units are not permitted within any hazardous lands as determined by the applicable Conservation Authority including, but not limited to, the regulatory flood limits or erosion hazard limits and/or lands that do not have safe access appropriate to the nature of the development and the natural hazard. (d)Notwithstanding 5.32 (a) and (b), an additional dwelling unit shall not be permitted within an accessory building that is located within Key Natural Heritage Features and/or Key Hydrological Features, hazard lands as described in the Pickering Official Plan. (e)Where an additional dwelling unit is located within an accessory building the gross floor area of the additional dwelling unit shall be determined by the most restrictive of the following regulations: a.Maximum lot coverage of all buildings on the lot. For the purpose of this regulation, if no lot coverage is provided in the zone, the maximum lot coverage for all buildings will be 35%; b.No more than 50% of the gross floor area of the detached dwelling, semi-detached dwelling, block townhouse dwelling unit, or street townhouse dwelling unit on the same lot; and c.A maximum floor area of 150 square metres. (f)An accessory building containing an additional dwelling unit shall conform with the height and setback requirements of Table 1. By-law No. 8036/23 Page 4 Table 1 – Height and Setback Requirements Lots with area of 2,000 sq.m. or less Lots with area greater than 2,000 sq.m. Height max. (metres) 4.5 Up to 4.5 Greater than 4.5 up to and including 6.5 Front Yard Setback min. (metres) Zone Regulation Zone Regulation Zone Regulation Exterior Side Yard Setback min. (metres) Zone Regulation Zone Regulation Zone Regulation Interior Side Yard Setback min. (metres) 1.2 1.2 2.4 Rear Yard Setback min. (metres) 1.2 1.2 2.4 (g)Notwithstanding Section 5.7, all lots containing additional dwelling units shall provide a minimum 1.2 metres wide path of travel from the entrance of each additional dwelling unit to a public or private street. No encroachment is permitted to obstruct this path of travel. The path of travel may be shared and used jointly by more than one dwelling unit on the lot. (h)A home-based business is permitted within an additional dwelling unit. (i)The provision of on-site parking shall not reduce the landscaped area in the corresponding yard below the amounts listed in Table 2. Table 2 – Minimum Landscaped Open Area In All Yards Used for Parking Lot Frontage 0.0 – 12.0 metres Greater than 12.0 metres Min. landscaped open area in all yards used for parking 30% 45% 3.By-law 3036 By-law 3036, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036, as amended. By-law No. 8036/23 Page 5 4.Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this 25th day of September, 2023. _Original Signed By_______________________________ Kevin Ashe, Mayor _Original Signed By_______________________________ Susan Cassel, City Clerk