REMI
Committee of adjustment workload could shrink

Committee of adjustment workload could shrink

Friday, September 27, 2024

Proposed new rules could sideline the committee of adjustment when Ontario property owners add one or two additional residential units on lots zoned for single-family homes in urban areas. That would complement existing legislation that already allows for up to three units per lot as-of-right without need for rezoning.

The provincial government is now seeking public input on contemplated regulatory amendments under Ontario’s Planning Act to override various stipulations that would require prospective housing providers to obtain local approval for a minor variance from the zoning bylaw. As proposed, local requirements related to angular planes, floor space index or minimum lot sizes would not apply in any scenario where additional residential units are allowed. As well, up to 45 per cent lot coverage would be permitted and the minimum separation distance between buildings on a single lot would be set at four metres.

These changes are presented as a way to facilitate additional residential units, such as basement apartments and garden or laneway suites, with reduced bureaucracy and costs for prospective building projects. Accompanying regulatory analysis notes that applications for a minor variance can cost $1,000 to $5,000 per development, while the wait time for approval from a local committee of adjustment can be up to 15 months.

The proposed new rules would apply only in areas with full municipal water and sewage services. Fire Code and other health and safety stipulations would continue to apply for all housing regardless of any flexibilities opened up around planning and zoning.

The public consultation is open until October 23.

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