ontario regulation 462/24

made under the

Planning Act

Made: November 19, 2024
Filed: November 20, 2024
Published on e-Laws: November 20, 2024
Published in The Ontario Gazette: December 7, 2024

Amending O. Reg. 299/19

(ADDITIONAL RESIDENTIAL UNITS)

1. (1) The definition of “additional residential unit” in section 1 of Ontario Regulation 299/19 is revoked.

(2) Section 1 of the Regulation is amended by adding the following definitions:

“angular plane” means an imaginary flat surface projecting over a parcel of land at an inclined angle measured up from the horizontal; (“plan angulaire”)

“floor space index” means the sum of the total area of each floor of all buildings and structures on a parcel of land divided by the area of the parcel; (“rapport plancher-sol”)

(3) The definition of “primary residential unit” in section 1 of the Regulation is amended by striking out “referred to in subsection 35.1 (2) of the Act” and substituting “where the house is situated on a parcel of land containing an additional residential unit”.

(4) Section 1 of the Regulation is amended by adding the following subsection:

(2) This Regulation applies to the following additional residential units:

1.  A second residential unit in a detached house, semi-detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if all buildings and structures ancillary to the detached house, semi-detached house or rowhouse cumulatively contain no more than one residential unit.

2.  A third residential unit in a detached house, semi-detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if no building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units.

3.  A residential unit in a building or structure ancillary to a detached house, semi-detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if the detached house, semi-detached house or rowhouse contains no more than two residential units and no other building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units.

2. Section 4 of the Regulation is revoked and the following substituted:

Requirements and standards — buildings and structures on parcels of urban residential land

4. (1) The following requirements and standards are established with respect to buildings or structures that contain additional residential units and that are located on parcels of urban residential land:

1.  Subject to any maximum height and minimum setback requirements in a by-law passed under section 34 of the Act applicable to the building or structure, the building or structure may penetrate any angular plane that is described in the by-law in respect of the building or structure.

2.  The building or structure shall be at least 4 metres from another building or structure on the parcel if the other building or structure contains a residential unit.

By-law prevails

(2) A by-law passed under section 34 of the Act that permits buildings or structures to be less than 4 metres from one another prevails over the requirement set out in paragraph 2 of subsection (1) of this section.

Requirements and standards — parcels of urban residential land

5. (1) The following requirements and standards are established with respect parcels of urban residential land on which additional residential units are located:

1.  Up to 45 per cent of the surface of the parcel is permitted to be covered by buildings and structures.

2.  Subject to any maximum height and minimum setback requirements in a by-law passed under section 34 of the Act applicable to buildings and structures on the parcel, there is no limit to the floor space index of the parcel.

3.  The minimum area of the parcel is the minimum area that would be required in a by-law passed under section 34 of the Act in respect of the same parcel if no additional residential units were located on the parcel.

By-law prevails

(2) A by-law passed under section 34 of the Act that permits more than 45 per cent of the surface of the parcel to be covered by buildings and structures prevails over the requirement set out in paragraph 1 of subsection (1) of this section.

Commencement

3. This Regulation comes into force on the day it is filed.

Made by:
Pris par :

Le ministre des Affaires municipales et du Logement,

Paul Calandra

Minister of Municipal Affairs and Housing

Date made: November 19, 2024
Pris le : 19 novembre 2024