HomeMy WebLinkAboutBy-law 8039/23The Corporation of the City of Pickering
By-law No. 8039/23
Being a by-law to amend Restricted Area (Zoning) By-law
7553/17, as amended, to implement the Official Plan of the
City of Pickering, Region of Durham
Whereas the Province of Ontario has amended the Planning Act, R.S.O. 1990, c. P.13, to
expand the permissions for additional residential units (additional dwelling units);
And whereas an amendment to Zoning By-law 7553/17, as amended, is required to expand
the permissions for additional dwelling units;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows:
1.Table of Contents
a.The Table of Contents is hereby amended:
2.7 Accessory Dwelling UnitAdditional Dwelling Unit
2.How to Read and Use This By-law
a.Introductory text to Zoning By-law 7553/17, “How to Read and Use this By-law”, is
hereby amended as follows:
Section 2 sets out a number of general regulations, which apply to
development in all zones. These general provisions address such matters as
public uses, permitted encroachments, legal non-conforming uses,
accessory additional dwelling units, home-based business, accessory
buildings and structures, live work dwellings, patios and temporary sales
offices among others.
3.Section 2 – General Regulations
a.2.7 Accessory Dwelling Unit is hereby deleted and replaced with:
2.7 Accessory Dwelling Unit
Despite any provision in this By-law to the contrary, in any zone that
permits a detached dwelling, semi-detached dwelling or a street
townhouse dwelling, an accessory dwelling unit is permitted within the
detached dwelling, semi-detached dwelling or street townhouse
dwelling provided:
a)a total of three (3) parking spaces are provided on the property
where the accessory dwelling unit is located
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By-law No. 8039/23 Page 2
b)the maximum floor area of an accessory dwelling unit shall be 100
square metres
c)a home-based business is prohibited in either dwelling unit or a
dwelling containing an accessory dwelling unit
2.7 Additional Dwelling Unit
Notwithstanding the provisions of 2.9, the following provisions shall
apply to any lots containing an additional dwelling unit.
(a)A maximum of one additional dwelling unit is permitted within any
legally permitted detached dwelling, semi-detached dwelling,
block townhouse dwelling unit, or street townhouse dwelling unit
and a maximum of one additional unit is permitted within an
accessory building on the same lot.
(b)A maximum of two additional dwelling units are permitted within
any legally permitted detached dwelling, semi-detached dwelling,
block townhouse dwelling unit, or street townhouse dwelling unit
provided there are no additional dwelling units contained within
an accessory building on the same lot.
(c)Notwithstanding 2.7 (a) and (b), additional dwelling units are not
permitted within any hazardous lands as determined by the
applicable Conservation Authority including, but not limited to,
the regulatory flood limits or erosion hazard limits and/or lands
that do not have safe access appropriate to the nature of the
development and the natural hazard.
(d)Notwithstanding 2.7 (a) and (b), an additional dwelling unit shall
not be permitted within an accessory building that is located
within Key Natural Heritage Features, and/or Key Hydrological
Features as described in the Pickering Official Plan.
(e)Where an additional dwelling unit is located within an accessory
building the floor area of the additional dwelling unit shall be
determined by the most restrictive of the following regulations:
a.Maximum lot coverage of all buildings on the lot. For the
purpose of this regulation, if no lot coverage is provided in
the zone, the maximum lot coverage for all buildings will be
35%;
b.No more than 50% of the gross floor area of the detached
dwelling, semi-detached dwelling, block townhouse dwelling
unit, or street townhouse dwelling unit on the same lot; and
c.A maximum floor area of 150 square metres.
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By-law No. 8039/23 Page 3
(f)An accessory building containing an additional dwelling unit shall
conform with the height and setback requirements of Table 1A.
Table 1A – Height and Setback Requirements
Lots with area of
2,000 sq.m. or less
Lots with area
greater than 2,000 sq.m.
Height max.
(metres) 4.5 Up to 4.5 Greater than 4.5 up
to and including 6.5
Front Yard
Setback min.
(metres)
Zone Regulation Zone Regulation Zone Regulation
Exterior Side Yard
Setback min.
(metres)
Zone Regulation Zone Regulation Zone Regulation
Interior Side Yard
Setback min.
(metres)
1.2 1.2 2.4
Rear Yard
Setback min.
(metres)
1.2 1.2 2.4
(g)Notwithstanding Section 2.4, all lots containing additional
dwelling units shall provide a minimum 1.2 metres wide path of
travel from the entrance of each additional dwelling unit to a
public or private street. No encroachment is permitted to obstruct
this path of travel. The path of travel may be shared and used
jointly by more than one dwelling unit on the lot.
(h)A home-based business is permitted within an additional dwelling
unit.
(i)The provision of on-site parking shall not reduce the landscaped
area in the corresponding yard below the amounts listed in
Table 1B.
Table 1B – Minimum Landscaped Area In All Yards Used for Parking
Lot Frontage 0.0 – 12.0 metres Greater than
12.0 metres
Min. landscaped area in
all yards used for
parking
30% 45%
By-law No. 8039/23 Page 4
b.Section 2.9 (f) is hereby amended as follows:
2.9 Accessory Buildings and Structures
f)Human habitation is not permitted in an accessory building or
structure, except for accessory structures that meet the definition
of an additional dwelling unit.
4.Section 3 – Parking Regulations
a.Section 3.1, Table 1 – Minimum Parking Requirements, is hereby amended as
follows:
Table 1 – Minimum Parking Requirements
Residential Uses
Accessory Additional dwelling unit in the City
Centre Neighbourhood as defined in the
Official Plan
0 spaces
Additional dwelling unit on a lot within a 500
metres walking distance of Kingston Road, or
on a lot within 500 metres walking distance of
the Pickering GO Station
1 space for the first additional
dwelling unit and 0 spaces for the
second additional dwelling unit
5.Section 4 – Permitted Uses and Zone Regulations
a.Section 4.1 is hereby amended as follows:
Accessory Additional Dwelling Unit
Notes:
5.use shall be permitted within a detached dwelling, semi-detached
dwelling, and street townhouse dwelling unit, and block townhouse
dwelling unit
6.Section 5 – Definitions
a.Section 5 is hereby amended as follows:
“Dwelling” includes:
a)“Accessory Dwelling Unit” means a separate dwelling unit subsidiary to
and located in the same building as an associated principal dwelling
unit; and its creation does not result in the creation of a semi-detached
dwelling, duplex dwelling, three-unit dwelling or converted dwelling.
Additional Dwelling Unit shall mean a self-contained unit in a detached
dwelling, semi-detached dwelling, block townhouse dwelling unit, street
By-law No. 8039/23 Page 5
townhouse dwelling unit, or in a building accessory to a detached
dwelling, semi-detached dwelling, block townhouse dwelling unit, and
street townhouse dwelling unit on the same lot. The additional dwelling
unit shall consist of one or more rooms that are designed, occupied or
intended for residential occupancy, by one or more persons as an
independent and separate residence in which cooking facilities,
sleeping facilities and sanitary facilities are provided for the exclusive
use of such person or persons.
7.Section 6 Exceptions
a.Section 6.5.1 is hereby amended as follows:
b)Accessory Additional Dwelling Unit is permitted within an existing
detached dwelling in accordance with Section 2.7 of this By-law
8.By-law 7553/17
By-law 7553/17, as amended, is hereby further amended only to the extent necessary
to give effect to the provisions of this By-law. Definitions and subject matters not
specifically dealt with in this By-law shall be governed by relevant provisions of By-law
7553/17, as amended.
9.Effective Date
This By-law shall come into force in accordance with the provisions of the Planning Act.
By-law passed this 25th day of September, 2023.
_Original Signed By_______________________________
Kevin Ashe, Mayor
_Original Signed By_______________________________
Susan Cassel, City Clerk