designers indicated that the low height limit was a hindrance to new applications. Height for all accessory buildings continues to be measured to the highest point, instead of the midpoint. Minor variance to the 6.0m height for flat roof is possible (i.e. up to a maximum of 8.0m), but no variance would be permitted to the maximum 8.0m height for sloped roofs.

Since an increase in the permitted height is proposed, a new regulation is added to tie the height of a new accessory building to main building, in the form of a new prohibition for accessory buildings containing a dwelling from exceeding the height of the main building. This ensures the scale of new development is proportional to the existing building, and prevents the development of an accessory structure that is taller than the main building.

OPA 130 also requires that parking be provided where required by the Zoning By-law. Accordingly, the zoning amendment contains provisions requiring one parking space in conjunction with an ADU for most properties within the City. Properties located within the older core area of the City, i.e. east of Prince Road, north of Tecumseh Road, south of the Detroit River, and west of Cadillac Street and Henry Ford Centre Drive do not have to provide a parking space in conjunction with an additional dwelling unit as this area is well served by transit and contains smaller lots—some of which were not designed to accommodate a parking area.

Exempting ADUs from the requirement to provide an additional parking space within core area neighbourhoods may result in increased demand for on-street parking and residential parking permits, which are currently in high demand within this area. The alternative (i.e. requiring an additional parking space within core area neighbourhoods) may exclude many properties from adding an ADU. Parking regulations are in line with previous updates to allow second units and are in compliance with Planning Act regulations introduced to implement additional unit policies as part of Bill 108, More Homes, More Choice Act, 2019 (O. Reg. 299/19).

A new regulation is added to the accessory building section, which raises the maximum accessory building size for small lots to match minimum dwelling size. The previous size restriction of 37.0m2 for smaller lots would not allow for minimum dwelling size of 40m2. Changed regulation in accessory building section to increase allowable size to 40m2 for all accessory buildings, resolving a conflict with a 10% lot coverage restriction.

Provincial Policy Statement (2014)

The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. In respect of the exercise of any authority that affects a planning matter, section 3 of the Planning Act requires that decisions affecting planning matters “shall be consistent with” policy statements issued under the Act. OPA 130 and related zoning amendments are consistent with the following PPS policy direction summarized below and excerpts provided in Figure 3: