residential units with sleeping, kitchen and bathroom facilities within dwellings or within accessory structures (i.e. such as above detached garage). City of Windsor will use the term Additional Dwelling Unit (ADU) in the Official Plan policies and Zoning Bylaw regulations to collectively define all of these forms of dwelling units. In this context, the term ‘ADU’ refers to a dwelling unit which can be constructed in the principal building, or in a detached accessory building, interchangeably.

One change under Bill 108 is a requirement that municipal Official Plans and Zoning By-laws contain provisions permitting an additional residential dwelling unit within a detached house, semi-detached house, or rowhouse and within an accessory structure on the same property. This has the effect of potentially allowing a total of three dwelling units on the same property – subject to applicable provisions in the Ontario Fire Code, Building Code and municipal by-laws. Similar to the Bill 140 Planning Act amendments, appeals related to Official Plan policies or zoning bylaw regulations that authorize the use of ADU’s are prohibited.

There is no time frame for establishing ADU policies and zoning provisions. The Minister of Municipal Affairs has the authority to prescribe minimum standards. The Minister has prescribed regulations that limit the required parking spaces, and restricts the municipality’s ability to regulate occupancy of the additional units (O. Reg. 299/19). Through zoning, municipalities are able to determine if any other standards should apply to additional units.

Planning staff authored an administrative report to Council in 2012 outlining the changes to the Planning Act and local issues that would be considered in the process of developing second unit policies and zoning provisions. Since 2012 Planning staff has undertaken extensive research, monitored second unit policies in other Ontario municipalities, and completed related work regarding residential rental housing.

Following considerable study and debate Council decided not to licence residential rental housing and provided direction to Administration regarding residential intensification at its February 5, 2018 meeting.

Second unit polices were adopted by Council on September 17, 2018 and came into effect on November 20, 2018, under the direction of Bill 140.

At the February 2020 meeting of the Housing and Homelessness Committee, Planning Staff presented the key amendments drafted to implement Bill 108 contained in this report.

Additional dwelling units must comply with health and safety standards, which include the Building Code, Fire Code and any municipal by-laws. The changes to the Planning Act do not ‘grandfather’ any existing ADUs that do not meet applicable laws. The legislative changes relating to ADUs came into effect on September 3, 2019.

DISCUSSION:

Summary of Official Plan Amendment No. 130

Official Plan Amendment (OPA) No. 130 introduces new policies permitting additional