Ontario’s Progressive Conservative government plans to incentivize the creation of more Additional Dwelling Units by overriding more local zoning controls.
Hamilton’s ADU zoning rules are among the most permissive in Ontario and will not be significantly changed by the new regulations.
On Monday, the Province posted the draft of a new Ontario Regulation permitting up to three ADUs as-of-right on residential lots in urban areas.
The new regulations will create an “as-of-right permission” “province-wide to any parcel of land where residential uses are permitted in settlement areas with full municipal water and sewage services,” reads the summary of the proposal.
New Rules in the Draft Regulation and Hamilton Zoning
NOTE: TPR is using the ADU zoning regulations passed by City Council on April 10, 2024. The new zoning has been appealed to the Ontario Land Tribunal and is not yet in force or effect.
Permitting Up to Three ADUs As-of-Right
Hamilton’s zoning bylaw permits a Single Detached Dwelling to have two ADU units and a detached ADU in the rear and/or interior side year. Hamilton permits one internal ADU and one detached ADU for duplex dwellings.
Hamilton’s zoning may already comply depending on the conditions of the Province’s new three ADU rule.
Lot Coverage and Setback Rules
The Province proposes a maximum of 4 metres separation between ADUs and other buildings.
Hamilton’s zoning bylaw requires a 7.5-metre separation between the rear wall of a principal dwelling and an ADU.
“Override all floor Space index requirements in zoning by-laws” and “override all minimum lot size/lot area requirements that are specific to parcels with ARUs” will enable small residential lots to have ADUs.
In Hamilton, this will enable more ADUs on small lots.
The Province proposes to “allow at least 45% lot coverage for all buildings and structures on parcels with ARUs.”
In Hamilton, depending on neighbourhood zoning regulations, this could affect large lots in more affluent suburban areas.
Production Details v. 1.1.0 Published: September 23, 2024 Last updated: September 23, 2024 Author: Joey Coleman Update Record v. 1.0.0 original version v. 1.1.0 cleaned up opening. No change to substance.