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O. Reg. 125/23: ZONING ORDER - CITY OF PICKERING, REGIONAL MUNICIPALITY OF DURHAM

filed June 9, 2023 under Planning Act, R.S.O. 1990, c. P.13

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ontario regulation 125/23

made under the

Planning Act

Made: June 9, 2023
Filed: June 9, 2023
Published on e-Laws: June 9, 2023
Published in The Ontario Gazette: June 24, 2023

ZONING ORDER - CITY OF PICKERING, REGIONAL MUNICIPALITY OF DURHAM

Definitions

1. In this Order,

“accessory” means a use, building or structure that is normally incidental or subordinate to a principal use, building or structure located on the same lot, including but not limited to,

(a) a medical office,

(b) an administrative office,

(c) a retail store,

(d) a health care research and education facility,

(e) a personal service establishment, and

(f) a private garage;

“health care research and education facility” means a building or structure, or part thereof, used for health care research and education for health care professionals;

“long-term care home” has the same meaning as in the Fixing Long-Term Care Act, 2021.

Application

2. This Order applies to lands in the City of Pickering in the Regional Municipality of Durham, in the Province of Ontario, being the lands identified on a map numbered 326 and filed at the Toronto office of the Ministry of Municipal Affairs and Housing located at 777 Bay Street.

Non-application of s. 41 of the Act, site plan control area

3. Section 41 of the Act does not apply to the lands described in section 2.

Permitted uses

4. Every use of land and every erection, location or use of any building or structure is prohibited on the lands described in section 2, except for,

(a) a long-term care home with a maximum capacity of 832 beds;

(b) a nursing home;

(c) a retirement home with a maximum capacity of 670 units; and

(d) an accessory use.

Zoning requirements

5. The zoning requirements of the R(RH-NH) Zone in the Corporation of the Township of Pickering By-law No. 5415-98 apply to the uses, buildings and structures permitted under section 4, with the following exceptions:

1. The maximum building height is 15 storeys.

2. A mechanical penthouse is not included in the calculation of building height.

3. The maximum number of buildings on the lands described in section 2 is three.

4. The minimum landscaped open area is 25 per cent of the lands described in section 2.

5. The minimum setback from the western lot line at Valley Farm Road is 29 metres.

6. The minimum setback from the northern lot line is 11 metres.

7. The minimum setback from the southern lot line is 14 metres.

8. The minimum setback from the eastern lot line is 25 metres.

9. No setback from the lot line is required for parking aisles and parking spaces.

10. The vehicular parking, bicycle parking and loading requirements in the Township of Pickering By-law No. 3036 do not apply.

11. The building envelopes, building heights and setbacks shown in Schedule 1 to the Corporation of the Township of Pickering By-law No. 5415-98 do not apply.

Terms of use

6. (1) Every use of land and every erection, location and use of any building or structure shall be in accordance with this Order.

(2) Nothing in this Order prevents the use of any land, building or structure for any use prohibited by this Order if the land, building or structure is lawfully so used on the day this Order comes into force.

(3) Nothing in this Order prevents the reconstruction of any building or structure that is damaged or destroyed by causes beyond the control of the owner if the dimensions of the original building or structure are not increased or its original use altered.

(4) Nothing in this Order prevents the strengthening or restoration to a safe condition of any building or structure.

Deemed by-law

7. This Order is deemed for all purposes, except the purposes of section 24 of the Act, to be a by-law passed by the council of the City of Pickering.

Commencement

8. This Regulation comes into force on the day it is filed.

Made by:

Steve Clark

Minister of Municipal Affairs and Housing

Date made: June 9, 2023