A. PURPOSE

Bill 108, More Homes, More Choice Act, 2019 amended parts of the Planning Act to improve the affordable housing system. The legislation requires municipalities to establish official plan policies and zoning by-law provisions to permit Additional Residential Units in detached, semi-detached and row houses and ancillary/accessory structures located on the same property (e.g. apartment above a detached garage).

This amendment brings the Official Plan into conformity with Section 16(3) of the Planning Act and forms the policy basis for the approval of zoning by-law amendments related to additional units under Section 35.1.

The policies relating to second units contained in Part E of this amendment will be added to the Chapter 6 of the Official Plan immediately following the existing section 6.3.2.21, replacing the existing policies in sections 6.3.2.22 to 6.3.2.27.

City of Windsor will use the term Additional Dwelling Unit (ADU) in the Official Plan policies and Zoning Bylaw regulations.

B. LOCATION

The text changes made to Volume I of the City of Windsor Official Plan apply to all land within the municipal boundaries of the City. Accordingly, no location map is provided.

C. BACKGROUND

The More Homes, More Choice Act, 2019 includes a wide range of actions to improve the affordable housing system including amendments to the Planning Act that require municipalities to establish Official Plan policies and zoning provisions that authorize the use of additional residential units (previously referred to as second units).

Affordable Housing as Provincial Interest

The Strong Communities through Affordable Housing Act, 2011 amended the Planning Act to include a specific reference to affordable housing as a matter of provincial interest. The Planning Act identifies a range of provincial interests, which decision-makers must have regard to when making land use planning decisions. Specifically, added to the list of Provincial interests was the “adequate provision of a full range of housing, including affordable housing”.

Required ‘Additional Residential Unit’ Official Plan Policies and Zoning By-law Provisions

Additional residential units are also known as accessory or basement apartments, secondary suites, or granny flats. Garage suites or laneway houses are common terms for an additional unit in a detached accessory structure. These are self-contained units with kitchen and bathroom facilities within dwellings or within accessory structures contained on the same property. Additional residential units were previously referred to as second units in provincial policy and regulations, and were originally mandated in 2011 under Bill 140 the Strong Communities through Affordable Housing Act.