Planning Act
Loi sur l’aménagement du territoire

ONTARIO REGULATION 102/72

restricted areas — County of Ontario (now The RegionalMunicipality of durham), Township of pickering (now the City of pickering)

Consolidation Period: From February 22, 2013 to the e-Laws currency date.

Note: This Regulation was consolidated under subsection 99 (3) of the Legislation Act, 2006 on April 29, 2013.

Last amendment: O.Reg. 85/13.

This Regulation is made in English only.

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CONTENTS

Sections
1
Application / 2
General / 3
Permitted Uses / 4-8
Rebuilding and Repairs / 9
Buildings to Front on Street / 10
One Single Dwelling Per Lot / 11
Home Occupation / 12-117
Schedule 1
Schedule 2
Schedule 3
Schedule 4
Schedule 5
Schedule 6
Schedule 8
Schedule 9
Schedule 10
Schedule 11
Schedule 12
Schedule 13
Schedule 14
Schedule 15
Schedule 16
Schedule 17
Schedule 18
Schedule 19
Schedule 20
Schedule 21
Schedule 22
Schedule 23
Schedule 40
Schedule 41
Schedule 42
Schedule 43
Schedule 44
Schedule 46

1.In this Order,

“accessory”, when used to describe a use, building or structure, means a use, building or structure normally incidental or subordinate to the principal use, building or structure located on the same lot and includes the erection of permanent dwellings and other auxiliary buildings necessary for the operation of the principal use;

“agricultural use” means a use of land, buildings or structures for the purpose of forestry, field crops, fruit farming, market gardening, dairying, animal husbandry, poultry or beekeeping, and such uses as are customarily and normally related to agriculture;

“dwelling” means one or more habitable rooms designed for use by, and occupied by, not more than one household and in which separate kitchen and sanitary facilities are provided for the exclusive use of the household, with a private entrance from outside the building or from a common hallway or stairway inside the building;

“flankage side yard” means a side yard immediately adjoining a street or abutting a reserve on the opposite side of which is a street;

“flankage side yard width” means the shortest horizontal dimension of a flankage side yard of a lot between the lot line adjoining a street or abutting a reserve on the opposite side of which is a street and the nearest wall of the nearest main building or structure on the lot;

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

“frontage” means the width of a lot measured along a line 25 feet back from the street and parallel to the lot line abutting the street;

“front yard” means a yard extending across the full width of a lot on which a building is situate, andextending from the front lot line to the main wall of the building for which such front yard is required that is nearest to the front lot line;

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

(a)there is no external display or advertising other than a sign having a total display area not exceeding 2 square feet,

(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 except,

(A)the members of the household residing in the dwelling, or

(B)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;

“lot” means a parcel of land, described in a deed or other document legally capable of conveying land, or shown as a lot or block on a registered plan of subdivision or part thereof, and includes any parts of such parcel that are within a right of way or easement;

“lot coverage” means that percentage of the total lot area covered by all buildings above the finished grade level;

“rear yard” means a yard extending across the full width of a lot on which a building is situate, and extending from the rear lot line to the main wall of the building for which such rear yard is required that is nearest to the rear lot line;

“side yard” means a yard extending from the front yard to the rear yard and from the side lot line to the main wall of the building for which such side yard is required that is nearest to the side lot line;

“single dwelling” means a separate building containing only one dwelling;

“street” means a public highway that is a principal means of access to abutting lots, that is under the jurisdiction of the Province of Ontario or the County of Ontario or the Township of Pickering, or is a road within a registered plan of subdivision, or is a road the maintenance of which has been assumed by the township;

“yard” means a space open from the ground to the sky on the lot on which a building is situate unoccupied except for such accessory buildings as are permitted in this Order. O.Reg. 102/72, s.1; O.Reg. 403/86, s.1; O.Reg. 503/90, s.1; O.Reg. 472/93, s.1.

Application

2.This Order applies to the following lands in the Town of Pickering in The Regional Municipality of Durham:

1.The north quarter of Lot 7, the north half of Lot 8, the north three-quarters of Lot 9 and Lots 10 and 11 in Concession V, excepting,

i.those lands shown as Parts 1 and 2 on a Reference Plan deposited in the Land Registry Office for the Registry Division of Durham (No. 40) as Number 40R-6188, and

ii.those lands shown as Part 1 on a Reference Plan deposited in that Land Registry Office as Number 40R-6601.

2.The north quarter of Lot 3, the north half of Lot 4, the north three-quarters of Lot 5, Lots 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16 in Concession VI.

3.The north three-quarters of Lot 1 and Lots 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16 in Concession VII.

4.The southerly quarter of Lots 1, 2, 3 and 4, the southerly halves of Lots 5, 6, 7, 8, 9, 10 and 11, the south three-quarters of Lots 12, 13, 14, 15 and 16, the southerly 5,300 feet of Lot 17, the portion of Lot 18 lying south of the northerly limit of the Brock Road By-pass and Lot 19 in Concession VIII, excepting the northerly 2,250 feet and the southerly 3,000 feet of Lot 19 in the said concession.

5.All original road allowances between or fronting the lands described in paragraphs 1 to 4. O.Reg. 959/78, s.1; O.Reg. 165/82, s.1; O.Reg. 194/83, s.1.

General

3.No land shall hereafter be used and no building or structure shall hereafter be erected or used except in accordance with the terms of this Order, but nothing in this Order prevents the use of any land, building or structure for a purpose prohibited by this Order if such land, building or structure was lawfully used for such purpose on the day this Order comes into force, or prevents the erection or use of any building or structure the plans for which have, prior to the day this Order comes into force, been approved by the Township of Pickering. O.Reg. 102/72, s.3.

Permitted Uses

4.Every use of land and every erection or use of buildings or structures within the Township of Pickering is prohibited except, agricultural uses, and buildings and structures accessory thereto, including one single dwelling used in connection with each agricultural operation. O.Reg. 102/72, s.4; O.Reg. 503/90, s.2.

5.Requirements for agricultural uses and buildings and structures accessory thereto, including one single dwelling used in connection with the agricultural operation, are established as follows:

Minimum lot frontage / 600 feet
Minimum lot area / 25 acres
Minimum front, side and rear yards / 50 feet
Minimum total floor area for a dwelling / 1,050 square feet

O.Reg. 475/79, s.1; O.Reg. 503/90, s.3.

6.Single dwellings existing on the 3rd day of March, 1972 may be extended or enlarged provided that such single dwellings, as extended or enlarged, comply with the following requirements:

Minimum front yard / 40 feet
Minimum side yards / 10 feet on each side
Minimum rear yard / 40 feet

O.Reg. 475/79, s.2; O.Reg. 503/90, s.4.

6.1Buildings or structures accessory to single dwellings may be erected, extended or enlarged provided that such buildings or structures as erected, extended or enlarged comply with the following requirements:

1.All accessory buildings shall be erected in the rear yard.

2.No accessory building or structure, except a garage, shall be closer than fifty feet to any single dwelling on the lot.

3.No accessory building or structure shall be less than ten feet from any lot line.

4.No accessory building or structure shall exceed a height of twelve feet.

5.The total area covered by any accessory building or structure shall not exceed five per cent of the area of the lot upon which it is constructed.

6.No accessory building or structure shall be used for human habitation. O.Reg. 475/79, s.3; O.Reg. 503/90, s.5.

7.Revoked: O.Reg. 475/79, s.4.

8.Notwithstanding anything contained in this Order,

(a)the Town of Pickering or any local board thereof, as defined in The Municipal Affairs Act;

(b)The Regional Municipality of Durham or any local board thereof as defined in The Regional Municipality of Durham Act, 1973;

(c)Ontario Hydro;

(d)any department or agency of the Government of Canada or Ontario; and

(e)any telephone or telegraph company,

may, for the purposes of providing a service to the public, use land and erect any building or structure notwithstanding that the building, structure or use does not conform with the provisions of this Order. O.Reg. 692/74, s.1.

Rebuilding and Repairs

9.(1)Nothing in this Order prevents the repair or reconstruction of any building or structure that is damaged or destroyed subsequent to the date this Order comes into force, provided that the dimensions of the original building or structure are not increased or its original use altered. O.Reg. 102/72, s.9(1).

(2)Nothing in this Order prevents the strengthening or restoration to a safe condition of any building or structure or part of any such building or structure. O.Reg. 102/72, s.9(2).

Buildings to Front on Street

10.No person shall erect any building or structure unless the lot upon which such building or structure is to be erected fronts upon a street. O.Reg. 102/72, s.10.

One Single Dwelling Per Lot

11.No more than one single dwelling shall be erected on any one lot, but this section does not prohibit the erection of accessory buildings as temporary living accommodation for agricultural workers. O.Reg. 102/72, s.11; O.Reg. 503/90, s.6.

Home Occupation

12.Nothing in this Order prevents the carrying on of a home occupation in a single dwelling. O.Reg. 102/72, s.12; O.Reg. 503/90, s.7.

13.Where a lot abuts navigable water, accessory buildings may be erected up to those portions of the lot boundary that so abut. O.Reg. 102/72, s.13.

14.Notwithstanding any other provision of this Order, the land described in Schedule 1 may be used for the erection and use thereon of a single dwelling and buildings and structures accessory thereto provided the following requirements are met:

Minimum lot frontage / 600 feet
Minimum lot area / 4.5 acres
Minimum front yard / 40 feet
Minimum side yards / 10 feet
Minimum rear yard / 40 feet
Minimum floor area of dwelling / 1,050 square feet

O.Reg. 8/79, s.1; O.Reg. 503/90, s.8.

15.Notwithstanding any other provision of this Order, the land described in Schedule 2 may be used for the erection and use thereon of a single dwelling and buildings and structures accessory thereto provided the following requirements are met:

Minimum front yard / 40 feet
Minimum side yards / 10 feet
Minimum rear yard / 40 feet
Minimum floor area of dwelling / 1,050 square feet

O.Reg. 8/79, s.1; O.Reg. 503/90, s.9.

16.Notwithstanding any other provision of this Order, the land described in Schedule 3 may be used for the erection and use thereon of a single dwelling and buildings and structures accessory thereto, including a barn, provided the following requirements are met:

Minimum front yard / 40 feet
Minimum side yards / 10 feet
Minimum rear yard / 40 feet

O.Reg. 271/79, s.1; O.Reg. 503/90, s.10.

17.Notwithstanding any other provision of this Order, the land described in Schedule 4 may be used for the erection and use thereon of a single dwelling and buildings and structures accessory thereto provided the following requirements are met:

Minimum front yard / 40 feet
Minimum side yards / 10 feet
Minimum total floor area of dwelling / 1,050 square feet

O.Reg. 322/79, s.1; O.Reg. 503/90, s.11.

18.Notwithstanding any other provision of this Order, the land described in Schedule 5 may be used for the erection and use thereon of a single dwelling and buildings and structures accessory thereto provided the following requirements are met:

Minimum front yard / 40 feet
Minimum side yards / 10 feet
Minimum total floor area of dwelling / 1,050 square feet

O.Reg. 411/79, s.1; O.Reg. 503/90, s.12.

19.Notwithstanding any other provision of this Order, the lands described in Schedule 6 may be used for the following recreational uses:

(a)a golf course;

(b)racquet courts;

(c)a swimming pool;

(d)skiing and skating facilities,

and buildings and structures accessory thereto. O.Reg. 522/79, s.1.

20.Revoked: O.Reg. 71/01, s.1.

21.Notwithstanding any other provision of this Order, the land described in Schedule 8 may be used for the erection and use thereon of an attached garage to an existing single dwelling provided the following requirements are met:

Minimum front yard / 7.5 metres
Minimum side yards / 3 metres

O.Reg. 959/79, s.1; O.Reg. 503/90, s.14.

22.Notwithstanding any other provision of this Order, the land described in Schedule 9 may be used for the erection and use thereon of a single dwelling and buildings and structures accessory thereto provided the following requirements are met:

Minimum front yard / 10 metres
Minimum side yard / 3 metres

O.Reg. 130/80, s.1; O.Reg. 503/90, s.15.

23.Notwithstanding any other provision of this Order, the land described in Schedule 10 may be used for,

(a)the erection and use thereon of a single dwelling;

(b)the use thereon of a market garden; and

(c)the erection and use thereon of buildings and structures accessory to the uses permitted by clauses (a) and (b),

provided the following requirements are met:

Minimum front yard / 10 metres
Minimum side yards / 3 metres

O.Reg. 143/80, s.1; O.Reg. 503/90, s.16.

24.Notwithstanding any other provision of this Order, the land described in Schedule 11 may be used for the erection and use thereon ofa single dwelling and buildings and structures accessory thereto provided the following requirements are met:

Minimum lot area / 6 hectares
Minimum front yard / 10 metres
Minimum side yards / 3 metres

O.Reg. 148/80, s.1; O.Reg. 503/90, s.17.

25.Notwithstanding any other provision of this Order, the land described in Schedule 12 may be used for the erection and use thereon of a garden shed provided the following requirements are met:

Minimum front yard / 12 metres
Minimum side yards / 75 metres
Minimum rear yard / 70 metres
Maximum floor area of garden shed / 88 square metres

O.Reg. 1064/80, s.1.

26.Notwithstanding any other provision of this Order, the lands described in Schedule 13 may be used for the continued use thereon of a single dwelling and buildings and structures accessory thereto. O.Reg. 208/81, s.1; O.Reg. 503/90, s.18.

27.Notwithstanding any other provision of this Order, the land described in Schedule 14 may be used for the erection and use thereon of an additional single dwelling and buildings and structures accessory thereto provided the following requirements are met:

Minimum distance between the additional dwelling and the southerly lot line / 45 metres
Minimum distance between the additional dwelling and Westney Road / 14 metres
Minimum distance between the additional dwelling and any existing building or structure / 16 metres
Minimum distance between the additional dwelling and the existing lane in the northerly part of the lands / 16 metres
Minimum total floor area of dwelling / 526 square metres
Maximum height of dwelling / two storeys

O.Reg. 209/81, s.1; O.Reg. 503/90, s.19.

28.Notwithstanding any other provision of this Order, the land described in Schedule 15 may be used for the erection and use thereon of a single dwelling and buildings and structures accessory thereto provided the following requirements are met:

Minimum front yard / 30 metres
Minimum side yards / 9 metres
Minimum rear yard / 30 metres
Minimum distance between the dwelling and any accessory building or structure, except a garage / 9 metres

O.Reg. 833/81, s.1; O.Reg. 503/90, s.20.

29.Notwithstanding any other provision of this Order, the lands described in paragraphs 1, 2 and 3 of Schedule 16 may each be used for the erection and use thereon of a single dwelling and buildings and structures accessory thereto provided the following requirements are met:

Minimum front yard / 19.5 metres
Minimum rear yard / 19.5 metres
Minimum side yards / 2.4 metres
Minimum floor area of each single dwelling / 95 square metres

O.Reg. 852/81, s.1; O.Reg. 492/82, s.1; O.Reg. 503/90, s.21.

30.Notwithstanding any other provision of this Order, the land described in Schedule 17 may be used for the erection and use thereon of a single dwelling and buildings and structures accessory thereto provided the following requirements are met:

Minimum front yard / 12 metres
Minimum side yards / 3 metres
Minimum rear yard / 12 metres

O.Reg. 64/83, s.1; O.Reg. 503/90, s.22.

31.Notwithstanding any other provision of this Order, the land described in Schedule 18 may be used for the erection and use thereon of a single dwelling provided the following requirements are met:

Minimum front yard / 12 metres
Minimum side yards / 3 metres
Minimum rear yard / 12 metres

O.Reg. 93/83, s.1; O.Reg. 503/90, s.23.

32.Notwithstanding any other provision of this Order, the parcels of land described in paragraphs 1 and 2 of Schedule 19 may each be used for the erection and use thereon of a single dwelling and buildings and structures accessory thereto provided the following requirements are met:

Minimum front yard / 9 metres
Minimum side yards / 2.4 metres
Minimum rear yard / 9 metres

O.Reg. 283/83, s.1; O.Reg. 503/90, s.24.

33.Notwithstanding any other provision of this Order, the land described in Schedule 20 may be used for the erection and use thereon of a single dwelling and buildings and structures accessory thereto provided the following requirements are met:

Minimum front yard / 12 metres
Minimum side yards / 3 metres
Minimum rear yard / 12 metres

O.Reg. 291/83, s.1; O.Reg. 503/90, s.25.

34.Notwithstanding any other provision of this Order, the land described in Schedule 21 may be used for the erection and use thereon of a single dwelling and buildings and structures accessory thereto provided the following requirements are met: