O. Reg. 154/03: ZONING AREA - REGIONAL MUNICIPALITY OF DURHAM, PART OF THE CITY OF PICKERING

 

Planning Act
Loi sur l’aménagement du territoire

ONTARIO REGULATION 154/03

zoning area — regional municipality of durham, part of the city of pickering

Note: This Regulation was revoked on December 14, 2022. (See: O. Reg. 566/22, s. 1)

Last amendment: 566/22.

Legislative History: 396/03, 208/05, 277/05, 623/05, 427/07, 308/08, 255/09, 344/16, 384/17, 566/22.

This Regulation is made in English only.

Definitions

1. In this Order,

“accessory”, when used to describe a use, building or structure, means a use, building or structure that is normally incidental or subordinate to the principal use, building or structure located on the same lot;

“agricultural related businesses” means those farm-related commercial and industrial uses that are small scale and directly related to farm operations and are generally in close proximity to farm operations, and includes but is not limited to,

(a)  stables,

(b)  riding academies,

(c)  animal hospitals

(d)  veterinary establishments, and

(e)  the sale by a farmer of his or her produce;

“agricultural uses” means such uses as are customarily carried out in the field of general agriculture, aquaculture, horticulture or silviculture and in accordance with normal farm practices and includes but is not limited to,

(a)  forestry and reforestation,

(b)  conservation uses and uses connected with the conservation of wildlife,

(c)  field crops,

(d)  market gardening,

(e)  greenhouses,

(f)  orchards,

(g)  aviaries,

(h)  apiaries,

(i)  mushroom farms,

(j)  production of eggs, cream and milk, and

(k)  farms for breeding, raising or training of livestock;

“dwelling unit” means one or more habitable rooms capable of being occupied as an independent and separate housekeeping establishment in which separate kitchen and sanitary facilities are provided for the exclusive use of the occupants;

“floor area” means the total area of all floors contained within the outside walls of a building, excluding in the case of a dwelling unit, the floor area of a private garage, porch, veranda, unfinished attic, basement or cellar;

“front lot line” means the lot line that divides a lot from a street, private right of way, Crown shoreline reserve or high-water mark of a river or lake, and

(a)  in the case of a corner lot, the shorter line that abuts a street, private right of way, Crown shoreline reserve or high-water mark of a river or lake shall be the front lot line, and

(b)  in the case of a lot that abuts both a street or private right of way and a Crown shoreline reserve or the high-water mark of a river or lake, the lot line abutting the Crown shoreline reserve or the high-water mark of a river or lake shall be the front lot line;

“front yard” means a yard extending across the full width of a lot between the front lot line and the nearest main wall of the principal building or structure on the lot;

“green-belt conservation uses” means forestry, reforestation, conservation and flood and erosion control uses;

“ground floor area” means the area of the lowest storey of a building or structure above grade, measured between the exterior faces of the exterior walls of the floor level of that storey;

“home occupation uses” means any occupation for gain or support conducted entirely within a dwelling unit by members of the household residing in the dwelling unit, if,

(a)  there is no external display or advertising other than a sign having a total display area not exceeding 0.2 square metres,

(b)  there is no external storage of goods or materials, and not more than 25 per cent of the total floor area is used for the home occupation use, and

(c)  there are no persons employed in the dwelling unit except,

(i)  the members of the household residing in the dwelling unit, or

(ii)  in the case of a dentist, physician or veterinarian, a staff of one person;

“household” means one or more persons living as a single housekeeping unit in one dwelling unit;

“lot” means a parcel of land,

(a)  described in a deed or other document legally capable of conveying land, or

(b)  shown as a lot or block on a registered plan of subdivision;

“lot area” means the total horizontal area within the lot lines of a lot;

“lot coverage” means the portion of the lot area covered by the ground floor area of all buildings and structures on a lot, and expressed as a percentage of the lot area;

“lot frontage” means,

(a)  the horizontal distance between parallel side lot lines of a lot, or

(b)  the distance between not parallel side lot lines of a lot measured on a line parallel to and 7.5 metres distant from the front lot line;

“minimum distance separation formulae” means formulae developed by the Province to separate uses so as to reduce incompatibility concerns about odour from livestock facilities and set out in the 1995 guidelines entitled “Minimum Distance Separation I (MDS I)” and “Minimum Distance Separation II (MDS II)” available from the Ministry of Agriculture and Food;

“public utilities” include the land, buildings, structures and equipment required to administer and operate the utilities;

“rear lot line” means the lot line opposite the lot’s front lot line;

“rear yard” means a yard extending across the full width of a lot between the rear lot line and the nearest main wall of the principal building or structure on the lot;

“side lot line” means a lot line other than a front or rear lot line;

“side yard” means a yard between the nearest main wall of the principal building or structure on a lot and the side lot line extending from the front yard to the rear yard;

“single dwelling” means a building containing only one dwelling unit capable of being occupied as a permanent residence;

“street” means a public highway that is under the jurisdiction of the Province of Ontario, The Regional Municipality of Durham or the City of Pickering, or a street within a registered plan of subdivision;

“yard” means a space open from the ground to the sky unoccupied except for accessory buildings and structures, on a lot on which a principal building or structure is situated, and includes a front yard, side yard or rear yard.  O. Reg. 154/03, s. 1.

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 outlined in red on a map numbered 210 identified by the Registrar of Regulations Office on April 22, 2003 and filed at the Toronto office of the Ministry of Municipal Affairs and Housing located at 777 Bay Street.  O. Reg. 154/03, s. 2.

Use of land

3. (1) Every use of land and every erection, location and use of buildings or structures shall be in accordance with this Order.  O. Reg. 154/03, s. 3 (1).

(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.  O. Reg. 154/03, s. 3 (2).

(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.  O. Reg. 154/03, s. 3 (3).

(4) Nothing in this Order prevents the strengthening or restoration to a safe condition of any building or structure.  O. Reg. 154/03, s. 3 (4).

Access to street

4. Every use of land and every erection, location or use of a building or structure shall have direct access to a street.  O. Reg. 154/03, s. 4.

Accessory buildings, structures and uses

5. In every zone, requirements for accessory buildings, structures and uses are as follows:

1.  Except as provided in this Order, all accessory buildings or structures which are not part of the principal building shall be erected in the rear yard.

2.  Accessory buildings or structures must be set back a minimum of 0.6 metres from all lot lines except,

i.  accessory buildings or structures greater than 10 square metres in area shall be set back a minimum of 1.0 metre from all lot lines, or

ii.  accessory buildings or structures greater than 1.8 metres in height shall be set back a minimum of 1.0 metre from all lot lines.

3.  An accessory building or structure may be erected as part of the principal building, if all yard and area requirements of the zone are complied with.

4.  The total lot coverage of all accessory buildings or structures, excluding private detached garages, shall not exceed 5 per cent of the total lot area.

5.  Human habitation is not permitted in an accessory building or structure, except in an accessory building or structure that is used as temporary living accommodation for agricultural workers in the Agricultural Zone.  O. Reg. 154/03, s. 5.

Public utilities

6. (1) Public utilities are permitted in every zone.  O. Reg. 154/03, s. 6 (1).

(2) Public utilities are subject to the requirements for principal buildings and structures in the zone in which they are located.  O. Reg. 154/03, s. 6 (2).

Minimum distance separation

7. In every zone, all uses of land and every erection, location or use of buildings or structures, including new or expanding livestock facilities, must comply with the minimum distance separation formulae.  O. Reg. 154/03, s. 7.

Agricultural Zone

8. Every use of land and every erection, location or use of buildings or structures is prohibited in the Agricultural Zone, as shown on the map referred to in section 2, except,

(a)  agricultural uses;

(b)  single dwellings used in connection with an agriculture use;

(c)  home occupation uses;

(d)  agricultural related businesses;

(e)  single dwellings, not used in connection with an agricultural use, on lots that exist on the day this Order comes into force; and

(f)  accessory uses, buildings and structures associated with the uses permitted by clauses (a), (b), (d) and (e).  O. Reg. 154/03, s. 8.

Agricultural uses

9. Requirements for buildings and structures permitted by clauses 8 (a) and (b) are as follows:

 

		Single Dwellings	Agricultural Uses
Lot frontage	Minimum	150 metres	150 metres
Lot area	Minimum	40 hectares	40 hectares
Front yard	Minimum	15 metres	15 metres
Rear yard	Minimum	15 metres	15 metres
Side yard	Minimum	6 metres	6 metres
Floor area	Minimum	139 square metres	Nil
Lot coverage	Maximum	Nil	20 per cent
Dwelling units per lot	Maximum	1	Nil

O. Reg. 154/03, s. 9.

Agricultural related businesses

10. Requirements for buildings and structures permitted by clause 8 (d) are as follows:

 

Lot frontage	Minimum 60 metres
Lot area	Minimum 0.8 hectares
Front yard	Minimum 15 metres
Rear yard	Minimum 15 metres
Side yard	Minimum 6 metres
Lot coverage	Maximum 20 per cent

O. Reg. 154/03, s. 10.

Single dwellings on existing lots

11. Requirements for buildings and structures permitted by clause 8 (e) are as follows:

 

Lot frontage	Minimum 60 metres
Lot area	Minimum 0.8 hectares
Front yard	Minimum 12 metres
Rear yard	Minimum 12 metres
Side yard	Minimum 3 metres
Floor area	Minimum 139 square metres
Lot coverage	Maximum 10 per cent
Dwelling units per lot	Maximum 1

O. Reg. 154/03, s. 11.

Single dwellings on existing lots

11.1 (1) Despite section 11, the requirements for buildings and structures permitted by clause 8 (e) for lands described in subsection (2) are as follows:

 

Lot frontage	Minimum 18 metres
Lot area	Minimum 550 square metres
Front yard	Minimum 7.5 metres
Rear yard	Minimum 7.5 metres
Side yard	Minimum 1.8 metres
Opposite side yard	Minimum 3 metres
Side yard exception	Where a garage is erected as part of a detached dwelling, the minimum required side yard shall be 1.8 metres
Floor area	Minimum 110 square metres
Lot coverage	Maximum 33 per cent
Ground floor area	Minimum 74 square metres
Dwelling units per lot	Maximum 1

O. Reg. 255/09, s. 1.

(2) Subsection (1) applies to the following:

1.  Those parcels of land in the City of Pickering in The Regional Municipality of Durham, being part of Lot 33 in Concession 2 and more particularly described as the following:

i.  Lots 1 to 49 on Plan 538, further described as the following Property Identifier Numbers:

A.  26370-0033 (LT) to 26370-0044 (LT), inclusive.

B.  26370-0046 (LT) to 26370-0069 (LT), inclusive.

C.  26370-0072 (LT) to 26370-0083 (LT), inclusive.

ii.  Lots 1 to 12 on Plan 594, further described as Property Identifier Numbers 26370-0084 (LT) to 26370-0095 (LT), inclusive.

2.  Those parcels of land in the City of Pickering in The Regional Municipality of Durham, being part of Lot 33 in Concession 2 and further described as the following Property Identifier Numbers:

i.  26370-0008 (LT).

ii.  26370-0018 (LT) to 26370-0032 (LT), inclusive.

3.  Those parcels of land in the City of Pickering in The Regional Municipality of Durham, being part of Lot 27 in Concession 2 and more particularly described as the following:

i.  Lots 1 to 7 on Plan 614 and further described as Property Identifier Numbers 26371-0489 (LT) to 26371-0495 (LT), inclusive.

ii.  Lots 1 to 12 on Plan 558 and further described as Property Identifier Numbers 26371-0477 (LT) to 26371-0488 (LT), inclusive.  O. Reg. 255/09, s. 1.

Extensions or enlargements

12. A single dwelling or accessory building or structure located in the Agricultural Zone may be extended or enlarged provided that the resulting extended or enlarged single dwelling or accessory building or structure complies with all applicable yard and area requirements of the zone, including any applicable requirements set out in sections 5, 9 and 11.  O. Reg. 154/03, s. 12.

Green-belt Conservation Zone

13. (1) Every use of land and every erection, location or use of buildings or structures is prohibited in the Green-belt Conservation Zone, as shown on the map referred to in section 2, except green-belt conservation uses, together with any buildings and structures accessory to flood and erosion control uses, excluding a dwelling unit.  O. Reg. 154/03, s. 13 (1).

(2) Buildings and structures shall be erected a minimum distance of 30.48 metres from any lot line.  O. Reg. 154/03, s. 13 (2).

14.-18. Revoked:  O. Reg. 255/09, s. 2.

Lot 32, Concession 4

19. (1) Despite sections 11 and 12, the single dwelling or accessory building or structure located on the lands described in subsection (2) may be extended or enlarged if the following requirements are met:

 

Lot frontage	Minimum 60 metres
Lot area	Minimum 0.8 hectares
Front yard	Minimum 9 metres
Rear yard	Minimum 12 metres
Side yard	Minimum 3 metres
Floor area	Minimum 139 square metres
Lot coverage	Maximum 10 per cent
Dwelling per lot	Maximum 1 only

O. Reg. 308/08, s. 1.

(2) Subsection (1) applies to that parcel of land in the City of Pickering in the Regional Municipality of Durham, being part of Lot 32 in Concession 4, designated as being Part 2 on Plan 40R-19646, further described as Property Identifier Number 26385-0115 (LT).  O. Reg. 308/08, s. 1.

Lot 27, Concession 2

20. (1) Despite paragraph 4 of section 5, the total lot coverage of all accessory buildings or structures, excluding private detached garages, shall not exceed 8 per cent of the total lot area for the lands described in subsection (2). O. Reg. 344/16, s. 1.

(2) Subsection (1) applies to that parcel of land in the City of Pickering in the Regional Municipality of Durham, being part of Lot 27 in Concession 2, designated as Part 5 on Reference Plan 40R-19660, further described as Property Identifier Number 26371-0939 (LT). O. Reg. 344/16, s. 1.

Part of Lot 28, Concession 3

21. (1) Despite section 11, the requirements for buildings and structures permitted by clause 8 (e) for the lands described in subsection (3) are as follows:

 

Lot frontage	Minimum 30 metres
Lot area	Minimum 0.14 hectares
Front yard	Minimum 12 metres
Rear yard	Minimum 7.5 metres
Side yard	Minimum 3 metres
Floor area	Minimum 139 square metres
Lot coverage	Maximum 22 per cent
Dwelling units per lot	Maximum 1

O. Reg. 384/17, s. 1.

(2) Despite paragraph 4 of section 5, the total lot coverage of all accessory buildings or structures, excluding private detached garages, shall not exceed 8.5 per cent of the total lot area for the lands described in subsection (3). O. Reg. 384/17, s. 1.

(3) Subsections (1) and (2) apply to the lands in the City of Pickering in the Regional Municipality of Durham, being part of Lot 28 in Concession 3, designated as Part 2 on Reference Plan 40R-1874, further described as Property Identifier Number 26383-0008 (LT). O. Reg. 384/17, s. 1.