Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: March 31, 2026

CASE NO.: OLT-25-000437 OLT-22-004770

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Tribute (Brookdale) Limited Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To facilitate the construction of a high-density, mixed-use residential development Reference Number: OPA 24-002/P Property Address: 1101A, 1105 and 1163 Kingston Road Municipality/UT: City of Pickering OLT Case No.: OLT-25-000437 OLT Lead Case No.: OLT-25-000437 OLT Case Name: Tribute (Brookdale) Limited v. Pickering (City)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Tribute (Brookdale) Limited Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To facilitate the construction of a high-density, mixed-use residential development Reference Number: A 02/24 Property Address: 1101A, 1105 and 1163 Kingston Road Municipality/UT: City of Pickering OLT Case No.: OLT-25-000438 OLT Lead Case No.: OLT-25-000437

PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: 375 Kingston Road Corp. Appellant: Director Industrial Holdings Appellant: Emix Ltd. Appellant: Old Orchard Kingston Rd GP Inc. Appellant: Rosebank & Kingston Holdings Inc Appellant: Tribute (Brookdale) Limited Subject: Proposed Official Plan Amendment Description: To permit redevelopment and intensification of the Kingston Road Corridor and Specialty Retailing Node Property Address: City-wide OPA Municipality/UT: Region of Durham Reference Number: OPA 20-004/P OLT Case No.: OLT-22-004770 OLT Lead Case No.: OLT-22-004770 OLT Case Name: 375 Kingston Road Corp. v. Durham (Region)

BEFORE:

N. EISAZADEH MEMBER

Tuesday, the 31^st day of March, 2026

THESE MATTERS involving appeals under subsections 22(7) and 34(11) of the Planning Act, R. S. O. 1990, c. P. 13, as amended (the “Act”), brought by Tribute (Brookdale) Limited (“Tribute”), regarding the City of Pickering’s (“City”) failure to adopt an official plan amendment and neglect to make a decision with respect to a zoning by-law amendment, which seek to facilitate the development of a multi-phased, high-density, mixed-use residential development on the lands municipally known as 1101A, 1105 and 1163 Kingston Road in Pickering (“Tribute Lands”), bearing Case Nos. OLT-25-000437 and OLT-25-000438 respectively (collectively the “Tribute Appeals”);

AND THESE MATTERS further involving separate appeals under subsection 17(36) of the Act, brought by Tribute and Emix Ltd. (“Emix”) against the City’s proposed Official Plan Amendment No. 38 (“OPA 38”), bearing Case No. OLT-22-004770, as scoped to the Tribute Lands, and the separate lands owned by Emix located immediately west of the Tribute Lands and municipally known as 1097, 1099 and 1101 Kingston Road (the “Emix Lands”) within the Dunbarton/Liverpool Precinct Intensification Area (collectively the “Scoped OPA 38 Appeals”);

AND THESE MATTERS having come before the Tribunal on January 14, 2026, for a Case Management Conference (“CMC”) wherein Party status was granted to Emix with respect to the Tribute Appeals, and an Order was granted for the Tribute Appeals to be heard together with the Scoped OPA 38 Appeals by way of the Tribunal’s Decision issued February 4, 2026;

AND THESE MATTERS having come before the Tribunal for a Written Hearing on Tuesday March 31, 2026, to consider the merits of a settlement proposal proffered on consent of all Parties, such that this Order shall address the settlement for all matters with respect to the Tribute Appeals and the Scoped OPA 38 Appeals;

AND THE TRIBUNAL being satisfied that Notice of the present Written Hearing was appropriately provided to all Parties, with respect to both the Tribute Appeals and the Scoped OPA 38 Appeals;

AND THE TRIBUNAL having received and considered the Minutes of Settlement entered into between the City and Tribute, entered as Exhibit 1 to this Written Hearing event;

AND THE TRIBUNAL having received and considered the visual and written materials filed on consent of the Parties, including the affidavit and exhibits sworn and dated March 20, 2026, of Michael Testaguzza, a member of the Ontario Professional Planning Institute and the Canadian Institute of Planners, entered as Exhibit 2 to this Written Hearing event;

AND THE TRIBUNAL, having accepted and qualified Michael Testaguzza’s evidence as expert opinion in the area of land use planning for the purposes of this Written Hearing;

AND THE TRIBUNAL, having reviewed and considered the uncontroverted affidavit evidence of Michael Testaguzza on the nature and scope of the revised development proposal as reflected in the architectural materials prepared by Turner Fleischer issued for settlement on September 25, 2025, comprising the current proposed settlement (“Settlement Proposal”) which includes (but is not limited to):

1. Revisions to the development proposal to reflect better alignment with the general intent behind OPA 38 which designates the Tribute Lands as Mixed Use Type A per Schedule XIV, which designation requires such lands to have the greatest density and represent the highest intensity uses within the intensification areas (per policy 11A.9.2(a));

2. Revisions to the development proposal in respect of Schedule XIV of OPA 38 which shows a “Future Public Street” and “Future Private Street” bisecting the Tribute Lands, as well as a “Public Park” in the western portion of the Tribute Lands, and three privately owned public spaces (“POPS”) located in the north-east, south-east and central portions of the Tribute Lands;

3. Revisions to the development proposal from its last iteration (“2024 Proposal”) to the current Settlement Proposal (“Revisions”) as follows:

ITEM	2024 PROPOSAL	SETTLEMENT PROPOSAL
Net Floor Area	Total – 338,503 m2 Commercial – 6,585 m2 N/A School – 7,077 m2 (not included in NFA per draft ZBA) Residential – 331,918 m2	Total – 336,998 m2 Commercial – 9,969 m2 Daycare – 604 m2 N/A Residential – 326,425 m2
Units	5,264 units 0 Affordable units	5,220 units 100 Affordable units
Floor Space Index	5.0	5.0
Net Site Area	68,034 m2	67, 670 m2 (EP lands delineated and removed)
Amenity: Outdoor Indoor	2 m2/unit (average) 2 m2/unit (average)	2 m2/unit (average) 2 m2/unit (average)
Park	6,491 m2	6,491 m2
Strata Park	2,321 m2	4,859 m2
Privately Owned Public Spaces (“POPS”)	5,013 m2	765 m2
Total Parks / POPS Area	13,825 m2	12,115 m2
Total Parks / POPS Credits Parks – 100% Strata – 80% POPS – 50%	10,854.3 m2 (~15% of gross site area less street “A”)	10,761 m2 (~15% of gross site area less street “A”)
Parking	Residential: 0.55/unit Visitor: 0.15/unit Commercial: 2.0/100 m2	Residential: 0.65/unit Visitor: 0.15/unit Commercial: 3.3/100 m2
Height	Maximum: 35-storeys	Maximum: 47-storeys

4. The Revisions, which are intended to broaden the mix of uses and range of housing options, by including:

A. Increase of commercial floor area;

B. Provision of an elementary school;

C. Provision of a daycare; and,

D. Provision of 100 affordable units;

5. The Revisions, which are intended to redistribute building massing and heights, by:

A. Providing for a wider range of tower heights; and,

B. Strategically redistributing tall building massing to the south-east portions of the Tribute Lands;

6. The Revisions, which are intended to refine the open space network, by:

A. Consolidating various smaller POPS spaces into the Southern Park;

7. The Revisions, which are intended to refine the transportation network, by:

A. Maintaining the reciprocal easements as between the Emix Lands and Tribute Lands;

B. Replacing a portion of the private north-south driveway, over which the Emix Lands currently have right-of-way access, with Street B;

C. Providing a public connection to Kingston Road via Street B;

D. Upgrading the right-of-way width for Street B to a City standard 20 m width;

E. Facilitating the provision of the Southern Park through Westward movement of the Street A/private lane intersection; and,

F. Providing increased parking to 0.65 spaces per unit (residential) and 3.3 spaces per 100 m² (commercial);

8. Further agreement by Tribute to:

A. Secure the provision of 100 dwelling units to a housing provider, to support affordable housing prior to issuance of first occupancy permit of a building containing residential uses implementing the draft revised instruments;

B. Submit a stormwater management strategy for the revised master development proposal as part of a complete application for site plan approval of the first building implementing the draft revised instruments, to the satisfaction of the Director of Engineering and Services;

C. Provide a minimum of approximately 9,900 m² of net non-residential floor area for a range of commercial, retail and office purposes, which may include, but is not limited to, a potential food store, drug store, and medical offices, to be distributed across the revised master plan, generally within the podiums of buildings;

D. To submit applications for one or more draft plan(s) of subdivision for all or part of the Tribute Lands to facilitate the conveyance of the required parkland and the conveyance and construction of two new public roads identified as Street A and Street B, each with a 20 m right-of-way; the applicable draft plan of subdivision will also include Owner responsibility for the design and costs associated with the installation of traffic signals at the intersection of Walnut Lane and Street A to the satisfaction of the Region of Durham and the City of Pickering;

E. As a condition of the applicable draft plan of subdivision and/or site plan approval, to work cooperatively with a school board that may elect to acquire space within the podium of Building D for the provision of an urban elementary school of up to 650 students and shall provide an adequate and acceptable school site and/or school design, which may include use of the adjoining strata park and park for marshalling and play areas through a shared facilities agreement, to the satisfaction of the City of Pickering and the school Board;

F. To make commercial best efforts to design and deliver a 62-child private daycare at-grade pursuant to the draft revised instruments as part of Building B; and,

G. To make commercial best efforts to facilitate the return of existing commercial tenants to the Tribute Lands or to the nearby VuPoint development along Liverpool Road and Walnut Lane, including the current medical office tenants, on market terms;

9. A request to amend the City’s Official Plan (as amended by OPA 38) as follows:

A. Amendments to Schedule XIV which generally seek to align the pertinent elements of the said schedule with the Settlement Proposal through revisions, which include but are not limited to:

I. Relocating and re-shaping the lands designated as Public Parks on Tribute Lands to coincide with the Central and Southern Park locations as shown in the Settlement Proposal, as well as replacement of the Public Parks on the Emix lands with a Public Park symbol and explanatory text;

II. Reducing and relocating the POPS on Tribute Lands to coincide with the POPS location as shown in the Settlement Proposal;

III. Relocating the east-west Future Public Street on the Tribute Lands to coincide with the location of Street B as shown in the Settlement Proposal;

IV. Adding a new Future Public Street on the Tribute Lands to coincide with the location of the southern private lane connecting to Dixie Road, as shown in the Settlement Proposal;

B. Additions to the site-specific policies in section 11A.5 which seek to:

I. Establish a set of policy directives for an elementary school on site, including that such a school should be:

i. Integrated into the podium of a high-rise development;

ii. Located adjacent to a municipal park and public street; and,

iii. Secured through an appropriate condition of approval of a plan of subdivision, land severance, or condition of approval of a plan of condominium;

II. Clarify that the precise location of the Future Public Street and Public Park shown on Schedule XIV of the proposed OPA will be determined through a future plan of subdivision, land severance, or plan of condominium application(s);

III. Clarify that the maximum building height permitted on the Tribute Lands shall be 47-storeys;

10. A request to amend the City’s Zoning By-law No. 3036 to establish appropriate zone categories and standards for high-density mixed-use redevelopment of the Tribute Lands in alignment with the Settlement Proposal as follows:

A. To rezone the majority of the Tribute Lands to a mixed-use zone category per Schedule II;

B. The Central and Southern Parks are zoned open space and the environmentally constrained lands in the east are zoned environmentally protected zones, accordingly the amendment will secure the location of the proposed parkland and protection of the natural features;

C. To establish more specific height limits for the proposed mixed-use zoned lands through Schedules III and IV, which coincide with the proposed tower heights as shown in the Settlement Proposal;

D. To further specify the particular required active at grade frontages in Schedule V to coincide with ground floor commercial space as shown in the Settlement Proposal;

E. To apply two separate holding provisions to the entirety of the mixed-use zoned lands; the “H1” provision would require the execution of a Master Parkland Dedicated agreement prior to issuance of site plan approval and is expected to be lifted in its entirety through the first phase of development, upon execution of such agreement; while the “H2” provision is expected to be lifted on a phase-by-phase basis upon confirmation by the Region of Durham of sufficient sanitary and water supply capacity as well as execution of a typical Regional Servicing Agreement; and,

F. To allow for a variety of residential, community and commercial uses within the mixed-use zoned lands; applying definitions, built form, parking, bike parking, and loading standards which generally align with similar standards found in the City-wide Zoning By-law 8149/24 and/or the Kingston Road Corridor and Specialty Retailing Node Urban Design Guidelines, as well as to provide for site-specific development standards which facilitate the Settlement Proposal;

AND THE TRIBUNAL, having reviewed and considered the uncontested evidence of Michael Testaguzza, accepts and finds, inter alia, the following:

1. The Tribute Lands are a suitable site for the Settlement Proposal for reasons that include, but are not limited to:

A. It is located in a Settlement Area pursuant to the Provincial Planning Statement 2024 (“PPS”), being the focus of infill and intensification;

B. It is designated as a Rapid Transit Corridor within the Region of Durham’s Official Plan (“ROP”), which is considered a Strategic Growth Area where medium to high density forms of intensification are directed;

C. It is located within an Urban Area within the ROP;

D. It is located on Kingston Road which is designated as a Rapid Transit Spine within the ROP; and,

E. It is designated as a Mixed-Use Area, particularly Mixed Corridors, within the City’s Official Plan (“COP”), which areas are intended to have the highest concentration of activity in the City, as well as a wide diversity of community services and facilities;

2. The Environmental Impact Study demonstrates how ecological systems, including natural areas, features and functions, will be protected while appropriately capturing and securing their boundary limits through the draft instruments;

3. The Functional Servicing Report, Stormwater Management Report, and Sustainability Rationale Report, outline the supply, efficient use, and conservation of water and energy, the minimization of waste, and mitigation of greenhouse gas emissions, while also providing details on the provision and use of sewage and water services;

4. The Traffic Impact Study demonstrates the efficient provision and use of transportation infrastructure;

5. The Settlement Proposal provides a range and mix of housing which will diversify the existing stock in the area and is inherently more affordable;

6. The Settlement Proposal provides a range of employment opportunities through the proposed total 9,969 m² of commercial space;

7. The Settlement Proposal ensures the orderly development of safe and healthy communities through a phased approach as well as through the provision of a variety of public open spaces and amenities including public parks and potential daycare and elementary school;

8. The Settlement Proposal assists in achievement of the intensification targets required in a location designated for high-density development while orienting the buildings such that the highest densities are located away from existing residential neighborhoods to the north to ensure proper transition of land uses;

9. The Settlement Proposal animates the public realm through orientation of buildings facing towards all existing and proposed streets; and,

10. The Settlement Proposal will efficiently utilize land, support active transportation and nearby public transit usage, and help to achieve a complete community with a compact built-form;

AND THE TRIBUNAL having considered and accepted the uncontroverted affidavit evidence of Michael Testaguzza, is satisfied that the Official Plan Amendment set out in Attachment 1 to this Order (“OPA”), and the Zoning By-law Amendment set out in Attachment 2 to this Order (“ZBA”) have appropriate regard for matters of provincial interest under s. 2 of the Act, are consistent with the PPS, conform with the ROP, conform with the COP, conform with the intent of OPA 38, and that both the OPA and ZBA represent good planning and are in the public interest;

NOW THEREFORE:

THE TRIBUNAL ORDERS that the Tribute Appeals and the Scoped OPA 38 Appeals, brought pursuant to ss. 22(7) and 17(36) of the Act, are allowed, in part, and the Official Plan for the City of Pickering is amended as set out in Attachment 1 to this Order. The Tribunal authorizes the municipal clerk of the City of Pickering to assign a number to this official plan amendment for record keeping purposes.

AND THE TRIBUNAL ORDERS that the Tribute Appeals, brought pursuant to s. 34(11) of the Act, are allowed, in part, and By-law 3036 is hereby amended as set out in Attachment 2 to this Order. The Tribunal authorizes the municipal clerk of the City of Pickering to assign a number to this by-law for record keeping purposes.

AND THE TRIBUNAL ORDERS that this Order is without prejudice to the remaining appeals of OPA 38, including the appeal of Emix Ltd. respecting its lands outside of the Dunbarton/Liverpool Precinct Intensification Area.

“Matthew D.J. Bryan”

MATTHEW D.J. BRYAN REGISTRAR

Ontario Land Tribunal Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248

The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.

Attachment 2

The Corporation of the City of Pickering

By-law No. XXXX/26

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, being Part Lots 23 and 24, Concession 1, in the City of Pickering

Whereas the council of The Corporation of the City of Pickering received an application to rezone the subject lands being Part Lots 23 and 24, Concession 1 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 6777/07 and By-law 6778/07, is therefore deemed necessary;

Now therefore the Council of the Corporation of the City of Pickering hereby enacts as follows:

1. Schedules I, II, III, IV, V & VI

Schedules I, II, III, IV, V & VI attached hereto 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 only apply to those lands being Part Lots 23 and 24, Concession 1, in the City of Pickering, designated “(H1 H2)MU-XX”, “OS-XX”, and “EP-XX” on Schedule II attached hereto.

3. General Provisions

(1) 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.

(2) A building, structure, parking area, driveway or use on the site that existed on the effective date of this By-law may be continued and/or may be enlarged or altered, provided that the enlargement or alteration itself complies with all applicable regulations of By-law 3036, as amended by By-law 6777/07, and By-law 6778/07.

(3) Frontage on a Street

i) Notwithstanding any other provisions in this By-law, no person shall be permitted to erect any building or structure on any lot in any zone unless the lot has frontage on a street.

ii) Where a building is developed abutting a private street, such private street shall be deemed to be a street for purposes of applying provision 3. (3) i) above.

(4) 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 windowsills, belt courses, cornices, eaves, and eave troughs, which may project to within 0.3 metres of the daylight triangle.

(5) Zone/Block Boundaries

i) If the zone boundary as shown on Schedule II:

a) is following a street, private street, lane, right-of-way for a future roadway, railway right-of-way, electric transmission line right-of-way or watercourse, then the centre line of the street, lane, right-of-way for a future roadway, railway right-of-way, electric transmission line right-of-way, municipal boundary or watercourse is the boundary; or

b) is substantially following the lot lines shown on a registered plan of subdivision, then the lot lines are the boundary; or

c) does not meet the above scenarios, then the zone boundary shall be scaled from the zoning maps on Schedule II.

ii) If the zone boundary separates a lot into portions, which includes an Environmental Protection (EP) zone, the zone boundary may be redefined through an Environmental Impact Study or equivalent comprehensive evaluation. Where the EP zone boundary is reduced or removed, the zoning of the land formerly within the EP zone shall be interpreted to be in accordance with the immediately abutting zone. Where the EP zone boundary is increased, the land formerly within the abutting zone shall be interpreted to be in accordance with the EP zone.

4. Definitions

In this By-law,

(1) “Active At Grade Frontage” means the ground floor of a building facing a street line, with transparent glazing and accessed from the street through a primary entrance door for uses such as restaurants, food, offices, medical offices, retail stores and community uses. Garage doors, service doors and loading doors are not permitted along the street line of an active at grade frontage.

(2) “Air Conditioner” means any mechanical equipment installed outdoors including central air conditioning units, heat pumps, heat exchange units, emergency generators and other such equipment.

(3) “Aisle” means an internal vehicle route immediately adjacent to a parking space or loading space which provides vehicular access to and from the parking space or loading space and is not a driveway.

(4) “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.

(5) “Angular Plane” means an imaginary flat surface projecting over a lot, at an inclined angle measured up horizontally.

(6) “Animal Care Establishment” means a building, structure or part thereof, where dogs and cats and other domesticated animals, including livestock, are groomed and/or kept for a fee on a daily basis, excluding overnight boarding and outdoor facilities.

(7) “Art Gallery/Studio” means a premise used for the creation, exhibition, collection and/or preservation of works of art for public viewing and sale and may include educational classes.

(8) “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. Inset balconies, which do not project from the face of an exterior wall, shall also be considered balconies.

(9) “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.

(10) “Block” means all land fronting on one side of a street between the nearest streets, intersecting, meeting or crossing said street.

(11) “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.

(12) “Building, Main” means a building in which is carried on the principal purpose for which the lot is used.

(13) “Building, Mixed Use” means a building containing residential uses and at least one non-residential use permitted by this By-law.

(14) “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.

(15) “Commercial Fitness/Recreational Centre” means a commercial establishment that has been designed for the conduct of sport, athletic and leisure activities, such as squash courts, swimming pools, exercise classes and other similar indoor recreational facilities that are provided and operated for gain or profit.

(16) “Commercial Use” means any permitted use the primary purpose of which is to sell, lease or rent a product or service directly to the public, including but not limited to retail sales, entertainment services and personal or professional services, but shall exclude residential uses.

(17) “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.

(18) “Community Garden” means a communal garden provided for the sole use of the public to produce flowers, herbs, fruits or vegetables and activities associated with gardening, but does not include any processing or packaging, commercial sales, or the raising of livestock or animals, including poultry.

(19) “Convenience Store” means a retail store where articles for sale are restricted to a limited range of goods, primarily food, toiletries, housewares, stationary, and other similar daily household necessities, but does not include a Food Store.

(20) “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 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.

(21) “Daylight Triangle”: means an area free of buildings, structures, fences, and hedges more than 0.9 metres in height, and the area to be determined by measuring, from the point of intersection of street lines on a corner lot, 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.

(22) “Development Agreement” means an executed contract between a developer/property owner and the City of Pickering, and could include a public agency/board that is required in order to implement development, and may include a subdivision agreement, site plan agreement, or other similar agreements for development.

(23) “Driveway” means the portion of a lot used to provide vehicular access from a roadway to an off-street parking area or loading space located on the same lot as the principal use.

(24) “Dry Cleaning Distribution Centre” means a premise 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.

(25) Dwelling: means a building containing one (1) or more dwelling units.

(26) “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 premise; 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.

(27) “Dwelling, Apartment” means a residential use building containing four (4) or more principal dwelling units where the units are connected by a common corridor or vestibule, other than a townhouse dwelling or stacked dwelling.

(28) “Dwelling, Block Townhouse” 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.

(29) “Dwelling, Stacked Townhouse” 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.

(30) “Farmers’ Market” means a building, part of a building or open area, on a temporary or permanent basis, where a majority of the vendors shall be primary producers of agricultural products grown within the Province of Ontario that are offered for sale directly to the general public, but may also feature other vendors who offer prepared foods and artisan crafts as well as provide entertainment and community information.

(31) “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.

(32) “Floor Area” means the total area of all floors of a building within the outside walls.

(33) “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:

i) Motor vehicle parking, bicycle parking, elevator lobbies and vestibules below established grade;

ii) Motor vehicle parking and bicycle parking at or above established grade;

iii) Loading spaces and related corridors used for loading purposes;

iv) Rooms for storage, waste management, storage lockers, washrooms, electrical, utility, mechanical and ventilation;

v) Indoor amenity space required by this By-law;

vi) Elevator, garbage and ventilating shafts, including pipe spaces, airshafts, and electrical closets;

vii) Mechanical penthouse;

viii) Porches, non-walk-in bay windows, attics, basements, enclosed or roofed walkways;

ix) Stairwells in the building;

x) Areas within a building leased, owned or used as an Elementary School, a Secondary School or a Post-Secondary School; and,

xi) Areas within a building leased, owned or used by a public authority.

(34) “Floor Space Index” means the total net floor area of all buildings on a lot divided by the total area of the lot.

(35) “Food Store” means a premise that sells food and other non-food items, primarily on a self-service basis.

(36) “Grade” or “Average Grade” means the average elevation of the finished level of the ground adjoining all exterior walls of a building.

(37) Green Roof: means an extension to a building's roof that allows vegetation to grow in a growing medium.

(38) “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. Gross Leasable Floor Area is expressed in square metres (m²) and measured from the centre line of joint partitions and from outside wall faces.

(39) “Ground Floor” means the floor of a building at or first above grade.

(40) “Ground Floor Area” means the gross floor area only on the ground floor.

(41) “Height” means the vertical distance between the average 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.

(42) “Home Improvement Centre" shall mean a building or part of a building used for the display and wholesale and retail sale of building materials, hardware or accessories, including cabinets, electrical fixtures, carpets, floor coverings, plumbing supplies, wallpaper, draperies, garden supplies, lumber and swimming pool supplies. This shall also include a garden centre accessory to a home improvement centre, as well as outdoor storage, display and sale of retail and garden centre products.

(43) “Home Occupation” means the accessory use of a dwelling unit for an occupation or business, where the dwelling unit is the principal residence of the business operator.

(44) “Hotel” means a building, or group of buildings, each containing sleeping accommodation, catering primarily to the travelling public, for rent or hire for temporary lodging. A hotel may also include a restaurant, public hall and an accessory retail store, which are accessory to the primary hotel function and oriented to serve hotel patrons.

(45) “Kiosk” means a building or structure with a maximum floor area of 12.0 square metres that provides complementary uses in a public or private operated open space zone.

(46) “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.

(47) “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.

(48) “Library” means a building or portion of a building containing an organized collection of information resources that are publicly accessible and provided by the City of Pickering.

(49) “Live-Work Dwelling” means a townhouse dwelling where the ground floor only, or part thereof, may be used for commercial purposes 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.

(50) “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.

(51) “Lot” means a parcel of land fronting on a street, whether or not occupied by a building or structure.

(52) “Lot Area” means the total horizontal area of a lot.

(53) “Lot Frontage” means the horizontal distance between the side lot lines of a lot measured by a line that is 6.0 metres back from and parallel to the chord of the lot frontage. The chord of the lot frontage means the straight line joining the two points where the side lot lines intersect the front lot lines.

(54) “Lot Line” means a line delineating any boundary of a lot.

(55) “Main Wall” means a primary exterior front, rear or side wall of a building, not including permitted projections.

(56) “Motor Vehicle” means an automobile, motorcycle, motor assisted bicycle, or any other vehicle propelled or driven other than by muscular power, but does not include a streetcar, or other motor vehicles running only upon rails, or a motorized snow vehicle, traction engineer, farm tractor, riding lawnmower, self-propelled implement of husbandry or road-building machine within the meaning of the Highway Traffic Act, or successor thereto.

(57) “Mezzanine” means one floor level situated above the first floor, which is contiguous with the first floor area.

(58) “Nursing Home or Long-Term Care” means a building in which persons are cared for and lodged, where, in addition to sleeping, accommodating and meals, personal care, nursing services and medical care are provided or made available.

(59) “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.

(60) “Office, Medical” means a premise 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.

(61) “Outdoor Patio” means an outdoor area, covered or uncovered, where seating accommodation can be provided and/or where meals or refreshments may be served to the public for consumption.

(62) “Park” means an area of land that is designed or maintained for outdoor recreational facilities, with or without an accessory building or structure, including sport fields, parks and playgrounds, tracks, skateboard parks, and outdoor swimming pools, but shall not include a golf course.

(63) “Park, Strata” means publicly-owned parkland located on top of buildings or structures, including but not limited to parking garages. The term ‘strata’ in this context refers to the horizontal delineation of ownership, as described in the Ontario Condominium Act.

(64) “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.

(65) “Parking Space, Bicycle” means an area used exclusively for the parking or storage of a bicycle(s).

(66) “Parking Structure” means a building or portion thereof, containing one or more parking spaces.

(67) “Personal Service Shop” means a premise used to provide personal grooming services or for the cleaning or care of apparel.

(68) “Place of Amusement” means premises which are devoted to the offering of facilities for the playing of any game for the amusement of the public, such as billiard or pool rooms, bowling alleys, electronic games, indoor playgrounds, miniature golf courses or roller skating rinks.

(69) “Place of Worship” means a facility the principal use of which is the practice of religion, but which may include accessory uses subordinate and incidental to the principal use, such as classrooms for religious instruction, programs for community social benefit, assembly areas, kitchens, offices and a residence for the faith group leader. Other than a day care centre, which shall be permitted, a place of worship shall not include a private school or residential or commercial uses.

(70) “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.

(71) “Porch” means a roofed deck or portico structure with direct access to the ground that is attached to the exterior wall of a building.

(72) “Premises” means the whole or part of lands, buildings or structures, or any combination of these.

(73) “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.

(74) “Primary Window” means all windows except bathroom, hallway, closet or kitchen windows.

(75) “Privately-Owned Publicly Accessible Space” means physical space that is privately-owned, but appears and functions as public space. These spaces are secured through an easement in favour of the City, are designed and maintained to the standards established by the City, and remain open and accessible to the public, or remain open and accessible according to a schedule established by agreement with the City.

(76) “Public Authority” means Federal, Provincial, or Municipal agencies, and includes any commission, board, authority or department established by such agency.

(77) “Public Use” means a use of land, buildings or structures for infrastructure by or on behalf of a public authority. Without limiting the generality of the foregoing, a public use may include uses such as public highways, railways and related facilities, gas and oil pipelines, public sewage and water service systems and lines, bridges, interchanges, stations, and related buildings and structures, above or below ground, that are required for the facilities listed above, and associated rights-of-way, and may include stormwater management facilities.

(78) “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 nightclub.

(79) “Retail Store” means a premise in which goods and merchandise are offered or kept for retail sale or rental to the public.

(80) “Retirement Home” means a retirement home as defined in the Retirement Homes Act, as amended, or its successor.

(81) “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.

(82) “School, Elementary or School, Secondary” means a place of instruction maintained and operated under the jurisdiction of a public authority, and may also include a day care centre as an accessory use.

(83) “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.

(84) “Service or Repair Shop” means a premise for the servicing, repairing or renting of articles, goods or materials, but shall not include any motor vehicle or boats.

(85) “Setback” means the shortest horizontal distance between a building or structure and a lot line.

(86) “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. A storey also does not include a mezzanine level situated immediately above the first floor.

(87) “Storey, First” means the storey with its floor closest to grade and having its ceiling more than 1.8 metres above grade.

(88) “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 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.

(89) “Street Line” means the dividing line between a lot and a street.

(90) “Street, Private” means:

i) a right-of-way or roadway that is used by vehicles and is maintained by a condominium corporation;

ii) a private road condominium, which provides access to individual freehold lots;

iii) a roadway maintained by a corporation to provide vehicular and pedestrian access to parking lots and individual retail/commercial units; or

iv) 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.

(91) “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.

(92) “Tandem Parking Space” means two (2) or more parking spaces abutting each other end to end, with only one (1) having access to an aisle.

(93) “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.

(94) “Theatre” means a building or part of a building used for the showing of motion pictures, or for the rehearsal or performance of performing arts, such as music or dance, and live presentations, and may include accessory retail sales and the sale and service of food and beverages.

(95) “Tower” means the storeys within that portion of a building or structure or part thereof located above the podium.

(96) “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.

(97) “Utility” means an essential public service such as electricity, gas, television or communications/telecommunications that is provided by a regulated company or public authority.

(98) “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.

(99) “Zone” means a designated area of land use shown on Schedule II and established and designated by this By-law for the purpose of a specific use or group of uses that are erected and maintained in accordance with the provisions of this By-law.

5. General Regulations

i. Live Work Units

The following specific uses are permitted in a live work dwelling:

a) Art gallery/studio;

b) Dry-cleaning distribution centre;

c) Dwelling Unit;

d) Medical office;

e) Office;

f) Personal Service Shop;

g) Restaurant; or,

h) Retail Store.

ii. For any permitted use listed in Section 5.i., the minimum floor area is 50.0 square metres.

6. Permitted Uses and Zone Regulations (“MU-XX” Zone)

(1) Permitted Uses (“MU-XX” Zone)

No person shall, within the lands zoned “MU-XX” on Schedule II to this By-law, use any lot or erect, alter, or use any building or structure for any purpose except the following:

i) Residential Uses:

a) Apartment Dwelling

b) Block Townhouse Dwelling

c) Stacked Townhouse Dwelling

d) Nursing Home or Long-Term Care

e) Retirement Home

f) Home Occupation

g) Live-Work Dwelling

ii) Community Uses:

a) Community Centre

b) Community Garden

c) Day Care Centre

d) Farmers Market

e) Library

f) Park

g) Park, Strata

h) Place of Worship

i) Privately-Owned and Publicly Accessible Space

j) School, Elementary

k) School, Private

l) School, Post-Secondary

m) School, Secondary

iii) Commercial Uses:

a) Animal Care Establishment

b) Art gallery/studio

c) Commercial Fitness/ Recreation Centre

d) Convenience Store

e) Car Share Service

f) Dry Cleaning Distribution Centre

g) Food Store

h) Financial Institution

i) Home Improvement Centre

j) Hotel

k) Kiosk

l) Office

m) Office, Medical

n) Outdoor Patio

o) Parking Garage

p) Parking Structure

q) Personal Service Shop

r) Place of Amusement

s) Retail Store

t) Restaurant

u) School, Commercial

v) Service and Repair Shop (non-vehicle)

w) Theatre

x) Temporary Sales Office

y) Veterinary Clinic

(2) Zone Regulations (“MU-XX” Zone)

No person shall, within the lands zoned “MU-XX” on Schedule II to this By-law, use any lot or erect, alter, or use any building or structure except in accordance with the following provisions:

i) Floor Space Index (FSI)

a) Maximum FSI – 5.0

b) For the purpose of calculating FSI for Section (2) i) a) above the total land area of the lot as of the effective date of this By-law shall be considered a lot – as shown on and Schedule I attached to this by-law.

ii) Minimum Gross Leasable Floor Area of Commercial uses per Block, as shown on Schedule IV to this By-law

a) Block A – minimum 6,300 square metres

b) Block B – minimum 850 square metres

c) Block D – minimum 500 square metres

d) Block E – minimum 1,000 square metres

e) Block F – minimum 900 square metres

f) The minimum gross leasable area of commercial uses requirements as set out in Sections (2) ii) a) to e) above shall apply to the entirety of each Block. The required gross leasable floor area of commercial uses may be provided across multiple buildings in phases, provided that a Master Site Plan is submitted for the Block demonstrating that the minimum gross leasable floor area of commercial uses for the Block will be achieved upon full build-out.

iii) Building Height

a) The maximum Building Heights are identified on Schedule III to this By-law, and are specified by the number of storeys following the HT symbol.

b) Notwithstanding Schedule III, related to Maximum Building Height, the maximum height of a building or structure, in metres, wholly located within the area identified by the dashed lines as shown in Schedule IV is specified by the number following the HT symbol as shown in Schedule IV.

iv) Building Heights adjacent to Kingston Road

i) Notwithstanding Section (2) iii) a) & b) and Schedules III and IV, Building Heights shall be limited by a 45-degree angular plane from the front property line, beginning at a height of 30 percent of the maximum right-of-way width of Kingston Road, being 45 metres.

v) Podium Requirements

a) Minimum height of a Podium – 3 storeys and 10.5 metres.

b) Notwithstanding Section (2) v) a) above, this shall not apply to a podium in Block A and D, as shown on scheduled III to this by-law.

c) Maximum height of a Podium – 6 storeys and 22 metres.

d) Notwithstanding Section (2) v) c) above, the maximum height of a podium for a building located within Block A and D, as shown on scheduled III to this by-law, is 6 storeys and 26 metres.

vi) Building Setbacks from Street Line

a) Minimum building setback from a Street Line adjacent to Kingston Road shall be 5.0 metres.

b) Minimum building setback from a Street Line adjacent to Walnut Lane shall be 3.0 metres

c) Minimum building setback adjacent to Open Space Zones shall be 3.0 metres.

d) Minimum building setback adjacent to Environmental Protection Zone shall be 2.0 metres.

e) Minimum building setback from all other street line shall be 2.0 metres.

vii) Setback for Below Grade Parking Structures

a) Notwithstanding Section (2) vi) above, the minimum setback for below-grade parking structures shall be 0.0 metres.

viii)Tower Floor Plates

a) Maximum tower floor plate – 850 square metres

ix) Building Separation

a) Minimum – 11.0 metres, except that the separation may be reduced to 3.0 metres if there are no primary windows or balconies on the wall facing the adjacent flanking building

b) Minimum – 18.0 metres for any portion of a building greater than 8-storeys and 32 metres in height, except that the separation may be reduced to 11.0 metres if there are no primary windows or balconies on the wall facing the adjacent flanking building

c) Minimum – 25.0 metres for any portion of a building greater than 12-storeys and 37.5 metres in height

x) Main Wall Stepback for Buildings equal to or less than 12 storeys and 37.5 metres in height

a) Minimum main wall stepback – a minimum 66 percent of the main wall of a tower shall have a 3.0 metre setback from the main wall of a podium on any building face abutting a public street line

xi) Landscaped Area

a) Minimum – 10 percent of the area of a lot

xii) Amenity Space Requirements for Apartment Dwellings

a) Minimum – 2.0 square metres of indoor amenity space is required per apartment dwelling unit

b) Minimum – 2.0 square metres of outdoor amenity space is required per apartment dwelling unit, including at least one contiguous common outdoor amenity area of 40.0square metres in size.

xiii)Active at Grade Frontages

a) Minimum – 40 percent of the first storey of a building along any street line with required Active at Grade Frontages, as shown on Schedule V to this By-law, shall be comprised of openings and transparent glazing.

b) Despite (2) xiii) a) above, the minimum active at grade frontage requirement shall not apply to the portion of the building that is occupied by a Food Store or Pharmacy.

c) Minimum ground floor height – 4.5 metres

xiv) Bedrooms

a) Minimum number of 3-bedroom units – 8 percent

xv) Location of a Primary Door Entrance

a) A primary entrance door with direct and unobstructed access to the public shall be incorporated into the wall of a building facing the street line.

xvi) Balcony Requirements

a) Minimum depth - 1.5 metres

b) Notwithstanding (2) xvi) a) above, balconies are not permitted to project beyond the main wall less than 10.5 metres in height above grade along any street line with required Active At Grade Frontages.

(3) Height Exceptions

Notwithstanding Sections (2), maximum Building Height and Podium Requirements, the following structures may project beyond the maximum heights specified:

i) Planters and landscaping features may project a maximum of 1.5 metres.

ii) Architectural features, parapets, roof drainage components, green roofs and thermal and waterproofing assembly may project beyond the concrete slab of the roof by a maximum of 1.5 metres.

iii) Balcony and terrace guards, dividers, wind and noise screens, railings, guard rails, and divider screens on a balcony and/or terrace may project up to a maximum of 3.0 metres.

iv) Trellises and pergolas may project above the height limits to a maximum of 4.0 metres.

v) Enclosed stairwells, garbage chute overruns, chimneys, and vents, air shafts, exhaust flues, unenclosed structures providing safety or wind protection to rooftop amenity space, equipment used for the functional operation of the building, including electrical, utility, mechanical and ventilation equipment, elevator shafts may project up to a maximum of 7.5 metres.

vi) Building maintenance and safety units and window washing equipment may project above the height limits to a maximum of 3.0 metres above the height of the building roof or the roof of the mechanical penthouse

(4) Rooftop Mechanical Equipment and Mechanical Penthouses

i) Rooftop mechanical equipment, including any appurtenances thereto, that exceeds a maximum height of 2.0 metres shall be fully screened on all four sides.

ii) Rooftop mechanical equipment shall be set back a minimum of 5.0 metres from all edges of a roof.

iii) Notwithstanding Section (4) ii) above, no setback is required if rooftop mechanical equipment is fully screened on all four sides or screened by an architectural feature.

(5) Permitted Encroachments

No part of a required building setback shall be obstructed except as follows:

i) Projections such as window sills, chimney breasts, fireplaces, belt courses, decorative column or cornices, pilasters, eaves, piers, eave troughs, and other similar architectural features may be permitted in any required setback, provided that no such feature, with the exception of a downsprout, projects into the required setback more than 0.6 m or half the distance of the minimum required setback, whichever is less.

ii) Any stairs, including to a porch or any associated landing, uncovered platform, covered platform, elevating devices, and any unenclosed ramp for wheelchair access, may encroach no closer than 0.45 metres to a lot line.

iii) A deck, balcony, porch, uncovered platform or covered platform may encroach 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 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 to within 0.45 metres of a lot line.

vi) Air conditioners, satellite dishes, antennae, vents, and pipes, safety, acoustic, and wind protection/mitigation features, damper equipment to reduce building movement, and elements required for the functional operation of a building, may encroach to a maximum of 0.6metres to any interior lot line and shall not be on any easements in favour of the City.

vii) Canopies and awnings, by a maximum of 3.0 metres

(6) Vehicular Parking Regulations

i) Minimum Parking Requirements:

Residential Uses
All permitted Residential Uses, as listed in Section 6.(1) i) of this By-law	0.65 spaces per dwelling unit plus 0.15 of a space per dwelling unit for Visitors
All permitted Community Uses, as listed in Section 6.(1)(ii) of this By-law, except for the following uses	2.5 spaces per 100 square metres Gross Leasable Floor Area (GLFA)
School, Elementary, School, Private, School, Secondary	1.3 spaces per classroom
School, Post-Secondary	1.0 space per 100 square metres of GLFA
Daycare Centre	1.0 space per employee plus 3.0 spaces and an additional 1.0 space per classroom
All permitted Commercial Uses, as listed in Section 6.(1)(iii) of this By-law	3.3 spaces per 100m2 of GLFA

ii) 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.

iii) Calculation of Required Parking Spaces

a) Rounding Provisions – Where required parking is a fraction, the number of parking spaces shall be rounded down to the nearest whole number.

b) Multiple Uses on a Lot – Where a use is subject to a minimum parking requirement, and there is more than one (1) use on a lot, the total required parking spaces shall be the sum of the required parking spaces applicable to each use on the lot. The total number of required spaces may be reduced in accordance with the provisions for Shared Parking in provision 6.(7) below.

(7) Shared Parking

i) Notwithstanding Section 6.(6) above, Vehicular Parking Regulations, a shared parking formula may be used for the calculation of required parking for multiple uses on a lot.

ii) Shared parking is to be calculated in compliance with Table 1 below.

iii) All required parking spaces must be accessible to all uses participating in the shared parking arrangement and may not be reserved for specific users.

iv) 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, in accordance with 6.(6) above. The parking requirement for each use is then multiplied by the percent of the peak period for each time period, contained in Table 1. Each column is totaled for weekday and weekend. The highest figure obtained from all time periods shall become the required minimum parking for the development.

Table 1: Shared Parking Formula

Type of Use	Percentage of Peak Period (Weekday)
	Morning	Noon	Afternoon	Evening
Financial Institution/Office/Medical Office	100	90	95	10
Food Store/Personal Service Shop/Retail Store	65	90	90	90
Restaurant	20	100	30	100
Theatre	20	40	70	100
Hotel	70	70	70	100
Residential - Visitor	20	20	60	100

Type of Use	Percentage of Peak Period (Weekend)
	Morning	Noon	Afternoon	Evening
Financial Institution/Office/Medical office	10	10	10	0
Food Store/Personal Service Shop/Retail Store	80	100	100	70
Restaurant	20	100	50	100
Theatre	20	60	80	100
Hotel	70	70	70	100
Residential - Visitor	20	20	60	100

(8) Size of Parking Spaces, Aisles, and Stacking Lanes.

i) Parking Space: parking spaces shall be a minimum of 2.6 metres in width and 5.3 metres in length, exclusive of any land used for access, manoeuvring, driveways or similar purposes.

ii) Parking Space, Parallel: parallel parking space shall be a minimum of 2.6 metres in width and 6.4 metres in length

iii) Parking Space, Bus: bus parking space shall have an accessible area of not less than 37.0 square metres for the parking and storage of a bus.

iv) Aisle: parking lot aisles shall be a minimum of 6.0 metres in with for one-way traffic and a minimum of 6.5 metres in width for two-way traffic.

(9) Location of Parking Spaces -

i) No parking lot or parking space within a parking lot shall be permitted within 3.0 metres of a public street line or within any daylighting triangle or corner rounding.

ii) A minimum 3.0 m wide landscape strip shall be required and permanently maintained between any public street line, daylighting triangle or residential development and the parking spaces or aisles.

iii) Sections (9) i) and ii) above do not apply to parking spaces in a parking structure.

(10) Parking Structures

i) Portions of Parking Structures constructed above grade, located adjacent to any public street line shall comply with the provisions for the main building in accordance with this By-law.

ii) Stairs and air vents associated with a parking structure are not permitted in a front or exterior side yard.

iii) Air vents constructed in association with an underground parking structure are permitted to project to a maximum of 1.2 metres above grade no closer than 4.0 metres to a street line.

iv) The parking of motor vehicles is prohibited in the first storey of an above grade parking structure for the first 9.0 metres of the depth of the parking structure measured in from the lot line along a public street line with required active at grade frontages, as shown on Schedule V to this By-law.

(11) Yards Abutting Daylight Triangles

i) 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 windowsills, belt courses, cornices, eaves, and eave troughs, which may project to within 0.3 metres of the daylight triangle.

(12) Bicycle Parking Space Requirements

i) Bicycle parking spaces must be located on the same lot as the use of the building for which it is required.

ii) Minimum number of bicycle parking spaces:

a) 0.5 of a space per apartment dwelling unit (long-term);

b) 0.1 of a space per apartment dwelling unit (short-term);

c) 1.0 space per block townhouse dwelling, stacked townhouse and live-work unit;

d) 1.0 space for every 1,000 square metres of gross leasable floor area or portion thereof for the uses listed in Sections 6.(1)ii. & iii. of this By-law.

e) For non-residential uses: a minimum of one (1) bicycle parking rack for short-term bicycle parking

iii) Dimensions:

a) if located in a horizontal position (on the ground): a minimum length of 1.6 metres, a minimum width of 0.6 metres, and a vertical clearance of 1.1 metres;

b) if located in a vertical position (on the wall): a minimum length of 1.5 metres, a minimum width of 0.5 metres, and a vertical clearance of 1.5 metres;

c) if located in a horizontal position and stacked: a minimum length of 1.8 metres, a minimum width of 0.37 metres, and a vertical clearance of 1.1 metres

iv) The General Provisions for Bicycle Parking Spaces

a) In this Section, the terms “long-term” bicycle parking space and “short-term” bicycle parking space have the following meaning:

• “long-term” bicycle parking spaces are those for use by the occupants or tenants of a building; and,

• “short-term” bicycle parking spaces are those for use by visitors to a building.

b) Notwithstanding any other provisions of this By-law, bicycle parking spaces are permitted on any part of a lot.

c) Where the number of bicycle parking spaces exceeds 50 spaces, a minimum of 25% of the total required must be located within:

• a building or structure

• a secure area such as supervised parking lot or enclosure;

• bicycle lockers.

d) Where four (4) or more bicycle parking spaces are provided in a common parking area, each space must contain a bicycle parking rack that is securely anchored to the ground and attached to a heavy base such as concrete.

e) For Apartment Dwellings, a minimum of 15% of the required long-term bicycle parking spaces, or 1.0 parking space, whichever is greater, shall include an energized 120-volt outlet, or roughed-in 120-volt outlet adjacent to the bicycle rack or parking space.

(13) Loading Space Requirements

i) A minimum of one loading space shall be provided per building.

ii) For every building or structure to be erected for, altered for, or its use converted to a commercial or industrial use, involving the frequent shipping, loading or unloading of persons, animals, goods, wares or merchandise, off-street loading spaces shall be provided and maintained upon the same lot on which the principal use is located.

iii) Any required off-street loading space shall

a) Not be used for the purpose of offering commodities for sale or display;

b) Provide for the temporary parking of one (1) commercial vehicle;

c) Not be upon or partly upon any street, lane or alley; and

d) Have adequate access to permit ingress and egress of a commercial vehicle from a street by means of driveways, aisles, maneuvering areas or similar areas, no part of which access is to be used for the temporary parking or storage of any motor vehicle.

(14) Loading Space Dimensions

i) The minimum dimensions of a loading space shall be 3.5 m in width and 12.0 m in length, with a minimum vertical clearance of 4.2 m

(15) Location of Loading Spaces

i) No loading space shall be permitted in the front yard of any zone

ii) A loading space shall abut the building for which the loading space is provided.

iii) An unenclosed loading space located above grade shall be set back a minimum of 10.0 m from a street line.

iv) An enclosed loading space located above grade shall comply with the required building setbacks .

7. Permitted Uses and Zone Regulations (“OS-XX” Zone)

(1) No person shall, within the lands zoned “OS-XX” on Schedule II to this Bylaw, use any lot or erect, alter, or use any building or structure for any purpose except the following:

i) Park

ii) Strata Park

iii) Privately-Owned and Publicly Accessible Space

iv) Community Centre

v) Kiosk

vi) Uses accessory to an Elementary School, a Secondary School or a Post-Secondary School, including, but not limited to, marshalling areas and play areas.

(2) Parking structures, for public or private use, constructed completely below established grade, are permitted to encroach below public parkland.

8. Permitted Uses and Zone Regulations (“EP-XX” Zone)

(1) No person shall within the lands zoned “EP-XX” on Schedule II to this Bylaw, use any lot or erect, alter, or use any building or structure for any purpose except the following:

i) Conservation Use

ii) Passive Recreational Use

iii) Buildings or structures designed to be used in connection with permitted parks and recreational purposes and conservation uses

9. Holding Provisions

Notwithstanding any other provisions of this by-law, where a zone symbol is preceded by an open bracket and the letter ‘H’ and a closed bracket, no person shall use any lot or alter or use any building or structure except for any permitted uses as set out in this section.

Council may pass a by-law to remove the (H) Holding Symbol, thereby replacing the lands in the zone indicated by the zone symbol, when the applicable requirements have been met.

(1) Provisions (“XXX (H1” Zone):

i) Permitted Uses

Until such time as the “(H1)” 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. Such uses may be continued and/or expanded as per the provisions of By-law 6777/07 and By-law 6778/07.

ii) Zone Requirements

The “(H1)” Holding Symbol shall not be removed from the lands designated “MU-XX” on Schedule X attached hereto, until such time as:

a) Prior to the issuance of Site Plan Approval, the owner shall execute a Master Parkland Dedication agreement detailing the timing for the conveyance of the required parkland to the satisfaction of Council.

(2) Provisions (“XXX (H2” Zone)

i) Permitted Uses

Until such time as the “(H2)” 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. Such uses may be continued and/or expanded as per the provisions of By-law 6777/07 and By-law 6778/07.

ii) Zone Requirements

The “(H2)” Holding Symbol shall not be removed from the lands designated “MU-XX” on Schedule X attached hereto, until such time as:

a) The owner has satisfied the requirements of the Regional Municipality of Durham with respect to sufficient sanitary and water supply capacity to be enable the development of the applicable lands, and that a financially secured agreement has been entered into with the Region, if applicable.

10. By-laws 3036, as amended by By-laws 6777/07 and 6778/07, are 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 II attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provision of by-laws 3036, as amended by By-laws 6777/07, and 6778/07.

11. EFFECTIVE DATE

This By-law shall come into force and in accordance with the provisions of the Planning Act.

Schedule I – Lot Area Schedule

Schedule II – Zone designation schedule

Schedule III – Height Schedule in storeys

Schedule IV – Height Schedule in metres

Schedule V – Active at grade frontages schedule

Schedule VI – “H” Schedule