Notice of Passing - Second Dwelling Units Policies and Regulations

NOTICE OF THE ADOPTION OF OFFICIAL PLAN AND APPROVAL OF ZONING BY-LAW AMENDMENTS

SECOND DWELLING UNITS POLICIES AND REGULATIONS

(File Nos. OP-AM-01-2020 & AM-04-2020)

TAKE NOTICE that the Council of the Corporation of the Town of Pelham passed By-law No.4371 (2021) on September 7, 2021, which adopts amendment no. 12 to the Town of Pelham Official Plan under Section 22 of the Planning Act, R.S.O. 1990, as amended.

AND FURTHER TAKE NOTICE that the Council of the Corporation of the Town of Pelham passed By-Law No.4368 (2021) on September 7, 2021, being a by-law which amends Zoning By-law No. 1136 (1987), as amended, under Section 34 of the Planning Act, R.S.O. 1990, as amended, with consideration given to all written submissions relating to the by-law that were made to Council before its decision and all oral submissions relating to the by-law that were made at the public meeting.

The explanation of the purpose and effect of the by-laws is below. The complete by-laws are available for inspection in my office, by appointment, during regular office hours, Monday to Friday, 8:30 a.m. to 4:30 p.m.

EXPLANATION OF THE PURPOSE AND EFFECT OF BY-LAW NOS. 4371 (2021)& 4368 (2021)

By-law 4371 (2021) adopts amendment no. 12 to the Town of Pelham Official Plan which will amend B1.1.2(b), B1.1.3(e), B1.1.4, B1.1.9(h), B1.7.3.2(a(v)), B1.7.7.3.1 (a(ii)), B1.7.7.4.1(a(iii)), B1.7.8.3.1(b(xi)), B1.7.8.4.1(b(xi)), B2.1.2, B2.2.2, B2.1.3.5 and Appendix F – Definitions (Residential Intensification (e)) to implement policies on Second Dwelling Units (SDU) in the Town. Amendment no. 12 will permit Second Dwelling Units in single detached, semi-detached, townhouse and multiple dwellings as well as in detached accessory buildings in the Urban Living Area designation in the areas identified on Schedule A1 to this Official Plan, without the need for a Zoning By-law amendment provided that:

a)     Second Dwelling Units will comply with the Ontario Building and Fire Codes as well the Town's Zoning By-law.  A building permit will be required to obtain permission for a second dwelling unit;

b)     The floor area of the Second Dwelling Units are less than, the gross floor area of the principle residential unit;

c)     Applicants who request a minor variance to increase the size of a Second Dwelling Unit should be prepared to demonstrate a need for the requested relief on the basis that the subject zoning provision is not warranted in a particular circumstance, causes undue hardship, or is otherwise impossible to comply with.

d)     Adequate parking is available on the lot for the principle dwelling and second dwelling units in compliance with the Zoning By-law;

e)     The second dwelling units are designed and located to maintain the external appearance and character of a principle dwelling unit as viewed from the public street; and,

f)      Second Dwelling Units - will be included in the Town’s Intensification targets.  

By-law 4368 (2021) amends the Town of Pelham Zoning By-law No. 1136 (1987) to permit two (2) Second Dwelling Units (SDU) on a lot in the Residential Village 1 (RV1) zone, Residential Village 2 (RV2) zone, Residential Multiple Village 1 (RMV1) zone, Residential 1 (R1) zone, Residential 2 (R2) zone, Residential 3 (R3) zone, Residential Multiple 1 (RM1), Agricultural (A) and Special Rural (SR) zones, subject to the following provisions:

a)     SDUs located within Residential zones shall have a max floor area that does not exceed 74.3 m² (800sqft);

b)     SDUs located within Agricultural and Special Rural zones shall have a max floor area that does not exceed 93 m² (1,000sqft);

c)     A minimum of one (1) on-site parking space is required for each Second Dwelling Unit, in addition to the parking requirements for the principle dwelling. Parking shall be in accordance with Section 6.16 of this By-law;

d)     Maximum height:

                           i.          No accessory residential building or structure shall exceed 4.75m (15.58 ft) in height; and

                          ii.          No accessory agricultural/special rural building or structure shall exceed 7.2m (23.62 ft) in height.

e)     In Agricultural (A) and Special Rural (SR) zones, the maximum distance between a principle dwelling unit and SDU is 40m (131.2 ft) unless the SDU is located in an existing building;

f)      Entrance to a SDU must be separate from the entrance provided for the principal dwelling; and,

g)     A building permit must be issued.