maintained; (b) The general intent and purpose of the By-law being varied is maintained; (c) The variance is minor in nature; and (d) The variance is desirable for the appropriate use of the land, building or structure. | ||
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TERMS & CONDITIONS | 11.6.6.3 | The Committee of Adjustment may attach such terms and conditions as it deems appropriate to the approval of the application for a minor variance. |
AGREEMENTS WITH MUNICIPALITY | 11.6.6.4 | The Committee of Adjustment may require the owner of the land to enter into one or more agreements with the Municipality dealing with some or all of the terms and conditions of its decision. An agreement may be registered against the land to which it applies and the Municipality is entitled to enforce the agreement against the owner and, subject to the Registry Act and the Land Titles Act, against any and all subsequent owners of the land |
E. THE AMENDMENT
Summary of Additional Residential Unit policies
The policies are structured to describe what constitutes an Additional Dwelling Unit (ADU), where they are permitted, and how they should be constructed. These policies are largely updated from the policies which enabled second units. The following explains the draft policy direction.
What:
Separate residential dwelling units that have separate access, kitchen, washroom, and living space.
Where:
Permitted in residential areas within single detached, semidetached, and townhome/rowhouse dwellings and within buildings accessory to these dwelling types (e.g. additional unit above detached garage). See Appendix C for a map of residential areas.
Within floodplain areas — ADUs are not permitted within basements. See Appendix C for a map of areas regulated by the Essex Region Conservation Authority (ERCA).
Outside of floodplain areas— basement units may be permitted where flood mitigation criteria has been met to the satisfaction of the Chief Building Official or City Engineer.