2022-45 Additional Dwelling Units By-law

THE CORPORATION OF THE TOWNSHIP OF SOUTHWOLD

 BY-LAW NO. 2022-45

 Being a By-law to Amend By-law No. 2011-14

No amendments to date.

This by-law is printed under and by authority of the Council of the Township of Southwold.

Disclaimer: The following by-law is an electronic reproduction made available for information only. It is not an official version of the by-law. The format may be different, and plans, pictures, other graphics, or text may be missing or altered. The Township of Southwold does not warrant the accuracy of this electronic version. This by-law cannot be distributed or used for commercial purposes. It may be used for other purposes only if you repeat this disclaimer and the notice of copyright. Official versions of all by-laws can be obtained from the Clerk’s Department by calling 519-769-2010.

THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF SOUTHWOLD HEREBY ENACTS AS FOLLOWS:

1. By-law No. 2011-14, as amended, is further amended by adding the following definitions to Section 2.0:

“ADDITIONAL DWELLING UNIT” means a dwelling unit contained or attached to the primary dwelling unit and/or a secondary single detached dwelling unit on the same lot as the primary dwelling unit, accessory to the primary dwelling unit.

“TOTAL HABITABLE FLOOR AREA” means the aggregate of the floor areas of all habitable rooms, hallways and basements spaces, which have a ceiling height of no less than 1,950 mm (6 feet 4 ¾ inches), except those reserved for mechanical systems.

1. By-Law No. 2011-14, as amended, is amended by adding Section 3.48 Additional Residential Units after Section 3.47:

3.48            Additional Dwelling Units

The provisions of this section shall apply to all additional dwelling units, unless specified by type directly herein.

(a)  Additional dwelling units shall be permitted in ROWHOUSE DWELLING, SEMI-DETACHED DWELLING, SINGLE DETACHED DWELLING, and STREET ROWHOUSE DWELLING.

Rowhouse dwellings, semi-detached dwellings, single detached dwellings and street rowhouse dwellings containing an additional dwelling unit on the date of the passing of this by-law, may continue to be used for that purpose if a building permit has been issued under sections 8 or 10 of the Building Code Act, 1992, S.O. 1992, c.23 permitting the erection, alteration, occupancy or use for the additional dwelling unit, and if the additional dwelling unit complies with the regulations of the Fire Protection and Prevention Act, 1997, S.O. 197, c.4.

(b) No building or structure shall be erected or used for any purpose permitted by subsection 3.48 unless a municipal water supply system or private water supply system and a municipal sanitary supply system or private sanitary supply system are available to service the use.

(c)  A maximum of two (2) additional dwelling units shall be permitted per lot; including a maximum of one (1) additional dwelling unit in the primary dwelling and a maximum of one (1) additional dwelling unit in an accessory structure.

(d) An additional dwelling unit shall not be permitted on a separate lot of record from the primary dwelling unit that it is accessory to.

(e) An additional dwelling unit shall not be permitted within or upon regulated hazardous lands unless permission and/or a permit has been obtained by the associated Conservation Authority having jurisdiction for that area.

(f)   An additional dwelling unit may be permitted in an accessory structure on the same lot as the primary dwelling unit.

(g) An additional dwelling unit in an accessory structure shall be located within the farm building or residential building cluster on lots zoned A1 and A3.

(h) An additional dwelling unit in an accessory structure shall be required to meet the regulations of the zone which apply to accessory uses.

(i)    The floor area of each additional dwelling unit(s) shall not exceed 40% of the total habitable floor area of the primary dwelling unit.

(j)    An additional dwelling unit shall have its own exterior entrance separate from the exterior entrance to the primary dwelling unit, but shall not be permitted on an elevation, or façade of the dwelling unit that faces the frontage of the primary dwelling unit in the R1 and R2 Zones; and shall have no means of internal access to the primary dwelling unit.

(k)  The minimum of one (1) parking space is required for each additional dwelling unit. Notwithstanding the provisions of subsection 3.38 (h)(iii), a parking space for an additional dwelling unit may be located in tandem with parking spaces provided for the primary dwelling unit.

(l)    Additional dwelling units shall be required to conform to all Ontario Building Code and Ontario Fire Code Regulations.

1. (a) If no notice of appeal to this By-law is filed with the Clerk of the Corporation of the Township of Southwold within the time prescribed by the regulations, this By-law shall thereupon come into force and shall take effect from the date of its final passing.

(b)  If notice of appeal to this By-law is filed with the Clerk of the Corporation of the Township of Southwold within the time prescribed by the regulations, the By-law does not come into force until approved by the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal), or as otherwise provided by the Planning Act R.S.O., 1990.

READ A FIRST AND SECOND TIME, CONSIDERED READ A THIRD TIME AND FINALLY PASSED THIS 27^th DAY OF JUNE, 2022.

Mayor

Grant Jones

CAO/Clerk

Jeff Carswell