New Zoning Changes benefit Accessory Dwelling Units

Regulatory Changes

Generally, when creating an ARU, a homeowner may require a minor variance (or in some cases a rezoning) to seek relief from certain zoning by-law standards prior to obtaining a building permit to undertake construction. This could include, for example, an increase in the maximum lot coverage permitted, or changes in angular plane requirements.

Minor variance decisions are made by a municipality’s committee of adjustment. An applicant may appeal a decision on a minor variance application to the Ontario Land Tribunal (OLT) – or in Toronto, to the Toronto Local Appeal Body (TLAB).

Ontario Regulation 299/19: Additional Residential Units (O. Reg. 299/19) was amended to align municipal zoning by-laws in support of the building of additional residential units, such as basement suites and garden suites. The amendments remove or update requirements relevant to angular planes, maximum lot coverage, floor space index (FSI), minimum lot size, and minimum building distance separation for parcels of urban residential land. These changes could reduce or eliminate the need for rezoning or minor variances, saving time and money and helping to build more homes.

Based on feedback received through ERO posting #019-9210, amendments were made to O. Reg. 299/19 for the following performance standards that would apply to the same lands as the current ARU framework (i.e., urban residential land permitting up to 3 units per lot). The changes to performance standards would not apply to rural areas, or settlement areas without full municipal servicing:  

1. Angular Plane

Amendment:

• Override all angular plane requirements in zoning by-laws for buildings with ARUs

Background:

• An angular plane is an imaginary angle barrier (e.g., 45-degrees) that regulates how deep and tall a building can be. The angular plane can start at different points on a property depending on variables (e.g., size of the lot or type and location of nearby properties).
• Removing this requirement for buildings with ARUs would make it easier to build structures with more livable space, including ancillary buildings and laneway suites on existing lots.

2. Maximum Lot Coverage

Amendment:

• Allow at least 45% lot coverage for all buildings and structures on parcels with ARUs.

Background:

• Lot coverage is the portion or percentage of a lot covered by buildings or structures.
• Setting out a provincial standard of 45% lot coverage for buildings and structures on a lot that includes at least one ARU would make it easier to build ancillary buildings like garden and laneway suites on existing lots, as well as rear additions to the primary building. Zoning could still regulate building location through setbacks.

3. Floor Space Index (FSI)

Amendment:

• Override all FSI requirements in zoning by-laws that apply to parcels with ARUs.

Background:

• FSI is the gross floor areas of all buildings on a lot, divided by the lot area.
• Removing this requirement would make it easier to build structures with more livable space, including ancillary buildings and laneway suites on existing lots.

4. Minimum Lot Size

Amendment:

• Override all minimum lot size/lot area requirements that are specific to parcels with ARUs.

Background:

• The size of a lot is the total horizontal area contained within the lot lines of a lot.
• Removing minimum lot size requirements for ARUs would ensure that the same lot size standards that apply to a house also apply to a house with an ARU.

5. Building Distance Separation

Proposal:

• Restrict the minimum building distance separation requirements associated with any building containing ARUs from another building containing a residential unit to a maximum of 4 metres.

Background:

• Building separation distances set out the minimum distance between a primary building and any ancillary structure.
• Reducing the minimum building separation distance to a maximum of 4 metres would make it easier to build laneway suites on existing lots.