ADU Zoning By-Law Amendment

1.  Incorporate new definitions and update existing definitions relating to ADUs found in “Part 3 – Definitions” section of the comprehensive zoning by-law;
2. Modify and update the general residential accessory dwelling zoning provisions found in Section 4.3.1 of the Zoning By-law to reflect the new changes established (including number of ADUs permitted on certain types of lots); and,
3. Permit up to three (3) ADUs, for a total of four (4) dwelling units on urban residential parcels on full municipal services containing a single detached, semi-detached, or townhouse dwelling. This permission can occur in only one of the following two ways:

• • The three (3) ADUs may be located within the main dwelling structure, for a total of four (4) dwelling units contained in a single detached, semi-detached and or townhouse structure; OR
  • Two (2) ADUs can be located inside the main dwelling structure, and one (1) accessory structure can be located within a detached accessory structure in the rear yard of the property and subject to proposed zoning standards. This modification requires the establishment of new setback requirements for the detached accessory dwelling structure which is covered in greater detail below.

Currently, the Town’s Zoning permissions allow for only one (1) ADU to be located within a single detached, semi-detached dwelling or in a non-residential building such as a place of worship.

The new amendments to the Planning Act require all municipalities to permit at least two ADUs in addition to the primary unit, in all single detached, semi-detached and townhouse dwellings that are on parcels of urban residential lands (i.e., residential lands in an urban area, on full municipal water and wastewater services).

The new Town permissions would go beyond the Provincial amendments and allow for three (3) ADUs. These can all be contained within the main dwelling structure or alternatively two ADUs can be contained in the main residential structure and the third ADU may be located in a detached accessory structure (the detached structure can only contain one (1) ADU).

The following illustrations are samples of the proposed maximum build out scenarios of the ADU provisions permitted through the Town’s zoning by-law amendment, on an average residential lot with a single detached, semi detached and townhouse block.

Quick Facts:

• 3m setback from the entrance of the ADU structure to the rear wall of the main dwelling building.
• Side yard setback, from the side of the lot line to the nearest main wall of the ADU structure, of 1.2m on one side, and 0.6m on the opposite side.
• Rear yard setback, from the rear lot line to the nearest main wall of the ADU structure, of 1.2m.
• ADU structure is accessed by a 1.2m continuous and unobstructed path between the main wall of the main building and the side lot line, with access to the street.

The following illustrations are samples of the proposed maximum permitted height for ADU structures.

Quick Facts:

• 5.4m proposed maximum permitted height for ADU structures.
• Current maximum height permitted for a single detached dwelling: 11m
• Current maximum height permitted for an accessory building: 3m
• Current maximum height permitted for a fence: 2.1m