HomeMy WebLinkAboutDSD-2021-9 - Zoning By-law Amendment - Additional Dwelling Units
Planning and Strategic Initiatives Committee
REPORT TO:
DATE OF MEETING: 4/19/2021
SUBMITTED BY: Bustamante, Rosa, Director of Planning, 519-751-2200 Ext. 7319
PREPARED BY: Kelly-Ruetz, Richard, Project Manager, 519-741-2200 ext. 7110
Donegani, Tim, Senior Planner, 519-741-2200 ext. 7067
WARD(S) INVOLVED: All Wards
DATE OF REPORT: April 8, 2021
REPORT NO.: DSD-2021-9
SUBJECT: Zoning By-law Amendment - Additional Dwelling Units
RECOMMENDATION:
That City-initiated Zoning By-law amendment ZC21/001/COK/RK to By-law 85-1
-
dated March 17, 2021, attached to Staff Report DSD-2021-9 as Appendix A.
REPORT HIGHLIGHTS:
The purpose of this report is to respond to strong community interest in constructing
Additional Dwelling Units (Attached & Detached) by amending existing Zoning By-law
85-1 to allow for Additional Dwelling Units such as coach houses and duplexes;
The amendment will allow these units on approximately 57,000 properties zoned R-1
through R-7. Staff expects about 25,000 of these to meet important zoning rules and be
eligible to obtain a site plan and building permit;
Community engagement included a 2019 survey and a 2021 focus group;
There are no direct financial implications;
This report supports the delivery of core services by responding to strong interest from
the community in constructing Additional Dwelling Units (Attached & Detached) by
By-law.
EXECUTIVE SUMMARY:
In October 2019, Council endorsed new residential zones and regulations to be included in
new Zoning By-law 2019-051. These new zoning rules are not scheduled to start applying
to properties until later in 2021. Among the new zoning permissions is the ability to add
additional dwelling units (coach houses, backyard homes, laneway suites, duplexes, etc.)
on almost all low-rise residential properties in Kitchener. These new regulations were in part
due to recent changes to the Planning Act which require municipalities to allow additional
dwelling units in single detached, semi-detached, and street townhouse dwellings. Since
Council endorsed these new regulations in 2019, the community has demonstrated strong
enthusiasm for building additional units, particularly detached ones such as coach houses
or backyard homes.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
In response to strong community demand, staff is recommending expediting allowances by
amending existing Zoning By-law 85-1 to permit:
1. Additional Dwelling Units (Detached) on all low-rise residential properties; and,
2. Semi-Detached Duplex Dwellings in all zones which permit Semi-Detached
Dwellings.
This fully implements the requirements of the Planning Act and effectively responds to
community demand. This amendment facilitates the creation of ground-level rental housing
and contributes to achieving broader planning objectives such as the provision of a range
existing infrastructure, and opportunities to age in place. Once permitted, early challenges
are anticipated including finalizing a permit process and managing neighbourhood impacts
as residents adjust to these new permissions-
webpage to help homeowners navigate the permit process and will be continuously
monitoring the successes and challenges of these units in neighbourhoods.
BACKGROUND:
In October 2019 (Report DSD-19-233 New Zoning By-law, Stage 2a), Council endorsed,
but did not approve, Stage 2a of the new Residential Zoning Project (also referred to as
CRoZBy). This stage included new residential zoning categories and regulations for Zoning
By-law 2019-
included in Stage 2a was permitting Additional Dwelling Units on all low-rise residential
zones in the City, subject to regulations. This stemmed from 2019 changes to the Planning
Act (Bill 108, More Homes, More Choice Act) requiring municipalities to allow two types of
Additional Dwelling Units on properties containing a single detached, semi-detached, and
street townhouse dwelling:
(1) Additional Dwelling Units (Detached)
Common terms: backyard home, coach house, laneway suite, tiny house,
garden suite, etc.
(2) Additional Dwelling Units (Attached);
Common terms: duplex, semi-detached duplex, accessory apartment, etc.
Official Plan Amendment 8 (OPA 8) updated Official Plan terminology regarding additional
dwelling units, provided for Additional Dwelling Units (Detached) without the need for a site
specific zoning by-law amendment, and provided criteria to be considered for regulation in
the zoning by-law. OPA 8 was adopted by Council in October 2019 and approved by the
Region in December 2019.
The proposed Additional Dwelling Unit permissions in Stage 2a were well-received by the
community and subject to positive media coverage. Stage 2a and subsequent Stage 2b will
not apply to properties until late 2021, and potentially longer if appeals are received. Over
the past 16 months, Planning & Building Division staff has fielded weekly inquiries and
gauged that there is strong community interest in allowing these units in a timely manner. In
response, staff has explored expediting permissions for Additional Dwelling Units.
REPORT:
interest in allowing the following additional dwelling unit types which are not already allowed
in existing Zoning By-law 85-1:
1. Additional Dwelling Units (Detached) as part of a Single Detached Dwelling, Duplex
Dwelling, Semi-Detached Dwelling, Semi-Detached Duplex Dwelling, or Street
Townhouse Dwelling; and,
2. Semi-Detached Duplex Dwellings in all zones where Semi-Detached Dwellings are
permitted.
Zoning By-law 85-1 has applied to almost all residential properties in Kitchener since the
early 1990s and already meets some of the Planning Act requirements for Additional
Dwelling Units. Notably, duplexes have been allowed in the City for over 20 years; these are
considered Additional Dwelling Units (Attached). Table 1 compares the Additional Dwelling
Unit allowances of the Planning Act, existing Zoning By-law 85-1, and proposed Stage 2a.
Table 1: Planning Act vs. By-law 85-1 vs. Stage 2a
Additional Dwelling Unit Permissions
Planning Act By-law 85-1 Stage 2a
1
Additional Dwelling Unit (Detached) on Yes NoYes
Single Detached, Semi-Detached, & Street
Townhouse lot
Additional Dwelling Unit (Attached) or Yes Yes Yes
Duplexes in Single Detached, & Street
Townhouse
2
Semi-Detached Duplex Yes NoYes
1
Permitted only in detached buildings existing in 1994
2
Permitted only in the R-6 and R-7 zone(s)
Proposed Zoning By-law Amendment
Staff is recommending amending Zoning By-law 85-1 to immediately allow the full range of
Additional Dwelling Units as required by the Planning Act. This implements the Planning Act
requirements and responds to community enthusiasm in a fulsome way. The amendment
would apply to nearly all low-rise residential properties in the City. Further, a tightly-scoped
zoning by-law amendment to permit Additional Dwelling Units is protected from appeals
under the Planning Act.
Highlights of the proposed amendment include the following regulations:
-law
85-
In low-rise residential zones R-1 through R-
-
Detached Dwelling, Semi-Detached Duplex Dwelling, and Street Townhouse
Dwelling.
Adding regulations for Additional Dwelling Units (Detached) for:
o A maximum floor area of 50% of the area of the main dwelling or 80 square
metres, whichever is less. Basements are excluded from these calculations.
This limits the maximum size of the detached unit, supporting Official Plan
policies directing that the unit be subordinate to the main dwelling on the lot.
o A minimum lot area of 395 square metres and a minimum lot width of 13.1
metres is required. These minimum requirements allow enough space for
parking (typically a double-driveway or garage), emergency access to the rear
yard from the side(s) of the main dwelling, and leftover space for amenity area
to serve future residents.
o A requirement that the unit be connected to full municipal services.
o A requirement for the Additional Dwelling Unit (Detached) to be setback a
minimum of 0.6 metres from the side and rear property lines, a maximum
building height for most roof types of 4.5 metres (1.5 storeys), and a maximum
lot coverage for all accessory buildings of 15%. Additional Dwelling Units
(Detached) are included in the 15% calculation. These regulations limit the
footprint and scale of the units and provide some separation from neighbouring
properties; this will support the unit being subordinate to the main dwelling on
the lot.
o Setback requirements for the main dwelling to ensure there is enough space
for emergency access to the rear yard. For single detached dwellings and
duplexes, 1.2 metres will be required on each side. For semi-detached
dwellings and street townhouses, 2.5 metres will be required on one side.
o Only allowing the units in the rear yard, which mirrors current zoning rules for
sheds and detached garages. This will reduce the visibility of these units from
the street, per direction from the Official Plan.
o A requirement for a 1.1 metre walkway from the detached unit to the street.
This will facilitate convenient access to the unit for residents and maintain
access for emergency services.
o For new Single Detached, Duplex, and Semi-Detached Dwellings that will
have an Additional Dwelling Unit (Detached), a requirement that its front yard
setback must be in line with the setback of neighbouring properties. This
supports Official Plan policy that the unit be integrated into its surroundings
with a negligible impact to the streetscape; a consistent setback is an
important driver of neighbourhood character and compatible infill. This
approach was established in central neighbo
study and is proposed to apply city-wide through CRoZBy Stage 2a. This
amendment will accelerate this requirement city-wide for lots with Additional
Dwelling Units (Detached).
o Requiring that 1 parking space per unit be provided on-site. This will ensure
that residents have a space to park their vehicle.
o Allowing up to 3 parking spaces to be in tandem on a property (one behind the
other). This implements requirements of the Planning Act for flexible parking
options.
Allowing Semi-Detached Duplex Dwellings in the R-4 and R-5 zones.
Adding regulations for Semi-Detached Duplex Dwellings for:
o
building. This promotes an aesthetically pleasing streetscape by limiting the
amount of visible entrance doors; multiple entrances facing the street can
detract from preferred street-facing functions such as porches or bay windows.
o For a new building which will used as a Semi-Detached Duplex Dwelling, a
requirement that its front yard setback must be in line with the setback of
neighbouring properties.
The proposed Zoning By-law amendment is attached as Appendix A.
Qualified Properties Additional Dwelling Units (Detached)
Additional Dwelling Units (Detached) are proposed to be permitted on nearly all residential
properties zoned R-1 through R-7. To qualify for a unit, each individual property will further
be required to meet new zoning regulations such as minimum lot width, minimum lot area,
and parking regulations. These regulations are important to ensure the unit can integrate
into the property and surrounding neighbourhood. When the regulations are considered,
staff expects that approximately 25,000 properties will be el-of-
, which is about 44% of all properties zoned R-1 through R-7. Of these, the average
maximum allowable size of the unit will be 73 square metres or about 780 square feet; floor
area in a basement is not included in the maximum.
Lower Doon Additional Dwelling Units (Detached)
The proposed Zoning By-law Amendment permits Additional Dwelling Units (Detached) on
all properties in the City zoned R-1 through R-7, and Semi-Detached Duplexes in the R-4
and R-5 zones. This would include the residential community surrounding Conestoga
However, it may be premature to apply
these new regulations to the Lower Doon community.
Currently, there is an Official Plan policy and corresponding zoning regulation in this area
which prohibits duplexes. The Lower Doon Land Use Study reviewed issues and land uses
in Lower Doon and provided a series of recommendations to Council. One of these
recommendations includes permitting Additional Dwelling Units (Attached & Detached) in
accordance with Provincial policy and subject to further zoning regulations. The Lower Doon
Land Use Study was approved by Council on March 22, 2021 (Report #DSD-2021-11), with
implementation of recommendations to follow through the secondary plan process and other
ongoing initiatives.
At this time, Lower Doon is not included in the proposed by-law amendment as there is
additional zoning work being conducted. Therefore, Additional Dwelling Unitswill be
addressed through that body of work. It would be premature to add additional unit
permissions prior to implementing some of the recommendations from the Lower Doon
study through the secondary plan process. Consideration of Additional Dwelling Unit
(Detached) and Semi-Detached Duplex Dwelling permissions in Lower Doon would be
deferred to the secondary plan process, expected to occur in late 2021 and into 2022.
Anticipated Challenges
The introduction of new Additional Dwelling Unit permissions for around 57,000 properties
comes with anticipated challenges related to the permit process and managing impacts to a
neighborhood in which one is built. The following sections detail these challenges and
outline measures staff are taking to address them.
Permit Process for Additional Dwelling Units (Detached)
Multiple teams within and outside the City have been involved in the permitting process
discussions for Additional Dwelling Units (Detached) including Planning, Heritage,
Environmental Planning, Building, Fire, Engineering, Utilities, and Kitchener-Wilmot Hydro.
The proposed process has evolved over the last 18 months in discussion with these teams.
Staff has prioritized a straightforward approvals process for customers.
The permit process for a property owner to construct an Additional Dwelling Unit (Detached)
Scoped
Building Division (Building Permit). A scoped site plan application
site plan processes showing building location(s), property boundaries, and parking layout
is to be approved by the Planning Division. Once the site plan is approved, a Building Permit
can be issued by the Building Division. In cases where services such as water mains or
sanitary pipes are required to be upgraded and a new connection to the municipal road is
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This approach is a new variation of existing permit processes and will require time to refine.
Should demand for these units be as high as expected, the first permits may take longer
than expected to process as staff resources, procedures, and requirements are adjusted.
To help mitigate expected early challenges, staff will prepare a webpage containing helpful
resources for homeowners. This tool will assist homeowners and members of the
development industry with obtaining their permits for an Additional Dwelling Unit (Detached).
Staff has engaged with residents on the proposed permit process for these units. In February
2021, staff facilitated a focus group with members of the Better Impact volunteer pool to
discuss the permit process. The feedback from the group was that the proposed process is
reasonable and strikes a balance between advancing key areas of public and
neighbourhood interest and a process that homeowners could navigate on their own. The
group suggested having helpful resources available (such as a webpage) to assist residents
through the approvals process or to assess the feasibility of a unit on their property. Staff
intends to develop a detailed webpage in the coming months with further input from Better
Impact volunteers.
Neighbourhood Considerations & Solutions Additional Dwelling Units (Detached)
Staff are recommending that Council amend By-law 85-1 to allow Additional Dwelling Units
(Detached) throughout all low-rise residential areas in Kitchener. Unlike a site-specific
Zoning By-law Amendment which provides the immediate surrounding community written
notice of a request to change the zoning, this amendment will apply to all low-rise residential
zones at once. Permissions are proposed to be city-wide, rather than property specific;
residents with concerns about these units in their neighbourhood may only become aware
of these permissions and approach the City once construction begins. Considerations and
solutions raised from an online survey and consultation with Better Impact are summarized
in Table 2.
Table 2: Considerations & Solutions
Considerations Solutions
The Building Code limits how close windows
Privacy
can be that face side property lines, which
may mitigate some privacy concerns.
The zoning only allows these units to be 1.5
storeys in height. This amounts to a 1 storey
building with a pitched roof and usable attic
space.
The zoning rules only allow these units to be
Building size
half the size of the main house, or 80 square
metres (860 square feet), whichever works
out to be smaller.
The zoning rules for these units are similar
to those for detached garages or sheds.
When constructed, they will be similar in
scale to a shed or detached garage.
The By-law is in effect 24/7 and
Noise
limits excess noise. Residents with noise
concerns can make a complaint to By-law
Enforcement.
Planning Act requires cities
Neighbourhood input
to allow these units in their zoning by-law.
Once allowed in the zoning and if regulations
such as parking and setbacks are met, there
is no process for neighbourhood input.
Tenancy of these units is not a planning
Tenancy
consideration. The tenants of these units
can be selected by the homeowner. The
units will be required to meet Building Code,
Fire Code, and all zoning rules. The
Planning Act specifically prohibits regulating
the tenure of any unit on the lot, or the
relationship between occupants of the units.
Staff will discourage the removal of trees
Tree removal
where possible, especially along shared
property lines. This will be reviewed through
the scoped site plan process.
The Planning Act requires municipalities to
Parking
have flexible parking standards for these
units. For example, 3 tandem parking
spaces (one behind the other) for 3 units
must be allowed, per the Act.
Staff expects homeowners to supply enough
parking on their property to accommodate
their units.
On heritage properties or in heritage
Heritage
districts, these units will be evaluated in the
same way a detached shed or detached
garage would. A Heritage Permit may be
required.
In time, staff expects that Additional Dwelling Units (Detached) in Kitchener will become
normalized. The City has allowed duplexes on most low-rise residential properties since the
unusual among Ontario municipalities and our community has adjusted to this.
Staff expects a similar evolution in community perspective to occur with Additional Dwelling
Units (Detached).
Planning Analysis
The recommended Zoning By-law amendment to Zoning By-law 85-1 to allow Additional
Dwelling Units meets the requirements of the Planning Act,
Plan (2014) and the Region of Waterloo Official Plan (2009), and is consistent with the
Provincial Policy Statement (2020) and A Place to Grow (2019). At the time of this report,
local housing prices have reached historic highs; there is merit in advancing this amendment
in a timely manner as it will allow for gentle intensification in the city and could have an
impact on unit supply, despite supply being only one input to affordability.
Provincial Policy Statement, 2020
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial
interest related to land use planning and development. The PPS promotes healthy, liveable
and safe communities through accommodation of a mix of residential types, including
additional dwelling units. Municipalities are to provide for an appropriate range and mix of
housing options, encourage the efficient use of land and resources, and promote
opportunities to accommodate a significant supply and range of housing options. The
proposed Zoning By-law amendment advances objectives of and is consistent with the PPS.
A Place to Grow, 2020
plan for growth anddevelopment and it aims tosupport
economic prosperity, protect the environment, and help communities achieve a high quality
of life. The plan supports the achievement of complete communities that are designed to
he plan prioritizes
intensification as well as a range and mix of housing options, including additional residential
units, to serve all sizes, incomes, and ages of households. The proposed Zoning By-law
amendment conforms to A Place to Grow by allowing the full range of additional residential
units, increasing opportunities for intensification, and facilitating the creation of more
housing choices for people including opportunities to age in place in their neighbourhoods,
or accommodate relatives on a property.
Regional Official Plan, 2015
change. Several key goals are related to building vibrant urban places and fostering a strong
economy. Planning for an appropriate range and mix of housing choices for all income
groups is one of many objectives which work towards creating vibrant urban places. The
provision of a full and diverse range and mix of permanent housing is an important theme in
the ROP, and the plan encourages area municipalities such as the City of Kitchener to permit
individual lot intensification such as secondary apartments and garden suites in residential
neighbourhoods. The proposed Zoning By-law Amendment conforms to the ROP by
allowing Additional Dwelling Units in residential areas and adding variety to the possible
range of housing options available in Kitchener.
City of Kitchener Official Plan, 2014
policies to manage and direct land use change in the City. Broadly speaking, the OP favours
a wide range of housing types and styles across the City and within neighbourhoods. The
OP further requires and supports the creation of additional dwelling units, both attached and
detached. For detached units, the OP establishes criteria to be considered as the basis for
permitting these units such as (1) ensuring it remains subordinate to the main dwelling on
the lot, (2) that it can be integrated into the streetscape with negligible visual impact, and (3)
that it is compatible with the lot and neighbourhood in terms of massing, height, and visual
appearance. The OP establishes that detached units will be subject to site plan control. The
proposed Zoning By-law Amendment conforms to the OP as it permits both types of
Additional Dwelling Units and establishes zoning regulations to address the OP criteria such
as maintaining compatibility in a neighbourhood as units are added.
Commentary Rental Units & Affordability
The OP encourages the provision of a range of housing types and tenures, including rental
housing. Facilitating additional dwelling units through this amendment will add to the rental
housing stock and advances this objective. With respect to affordability, the creation of these
units will not directly result in any affordable units being created; rental prices for the units
will be set by the homeowner and therefore regulated by the private market. The City has
no means to ensure they remain affordable. Despite this, allowing additional units to be
constructed, will increase supply and may put downward pressure on rental prices.
This is a best-case scenario and is no guarantee. Individual homeowners will be free to
design the units however they like within the confines of zoning and building code. Higher-
end units being built may negate any possibility of lower rental prices. If initiated by the
homeowner, Additional Dwelling Units (Detached) may be eligible for Regional grant and
loan programs provided affordability is maintained in the long term.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services by responding to strong interest from the
community in constructing Additional Dwelling Units (Attached & Detached) by expediting
-law.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
This Zoning By-
Policy. The following summarizes the community
engagement:
council / committee meeting.
An online survey in July/August 2019 relating to driveways, transitions to low-rise
residential lands, and additional dwelling units as part Stage 2a received 342
responses. Many of these responses were related to additional dwelling units and the
proposed zoning regulations for additional dwelling units evolved based on the results
of this survey. The full results of this survey are contained in Report # DSD-19-233
as Appendix B.
The Development Services Department (DSD) is piloting a new resident volunteer
Better Impact. This general DSD volunteer group engages on a wide range of topics,
including process improvements, policy creation, and special projects. Staff recruited
volunteers through this group to participate in a focus group on the proposed
Additional Dwelling Units (Detached) process. On February 10, 2021, staff held a
focus group with 8 members of Better Impact. Staff received helpful feedback on (1)
the proposed zoning regulations for additional dwelling units, and (2) the proposed
permit process. Participants were generally supportive of additional dwelling units
including the proposed regulations and raised some concerns such as noise and
construction disruptions. With respect to the proposed permit process, volunteers
highlighted the importance
website to assist homeowners through the process of obtaining a permit for an
additional dwelling unit.
PREVIOUS REPORTS/AUTHORITIES:
DSD-19-233 New Zoning By-law (Stage 2a) Residential Base Zones
Planning Act, 1994 (as amended)
A Place to Grow, 2020
Provincial Policy Statement, 2020
Regional Official Plan, 2015
City of Kitchener Official Plan, 2014
APPROVED BY: Justin Readman, General Manager, Development Services
ATTACHMENTS:
1. Appendix A: Proposed By-law
2. Appendix B: Newspaper Notice
Appendix A
PROPOSED BY LAW
March 17, 2021
BY-LAW NUMBER ___
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to amend By-law 85-1, as amended, known as
the Zoning By-law for the City of Kitchener Additional
Dwelling Units)
WHEREAS it is deemed expedient to amend By-law 85-1;
NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as
follows:
1. Section 2.3 of By-law 85-1 is hereby amended by deleting it in its entirety and replacing
with the following:
ZONING (OCCUPANCY) CERTIFICATE
No change may be made in the type of use of any land covered by this By-law or change
in the type of use of any building on any such land without a Zoning (Occupancy)
Certificate being issued by the Director of Planning to the effect that the proposed use is
not contrary to this By-law. A Zoning (Occupancy) Certificate shall be required for each
use contained within a building containing multiple uses. Notwithstanding the above, no
zoning (occupancy) certificate shall be required for a single detached dwelling, additional
dwelling unit (detached), duplex dwelling, semi-detached dwelling, street townhouse
dwelling, private home daycare or commercial parking facility.
2. Section 4.2 of By-law 85-1 is hereby amended by adding the following new definition
thereto, to be inserted into the existing text in proper alphabetical order:
means the use of a building where a separate self-
contained dwelling unit is located in a detached building on the same lot as an associated
single detached dwelling, duplex dwelling, semi-detached house, semi-detached duplex
house, or street townhouse dwelling unit. An additional dwelling unit (detached) is not an
accessory building.
3. Section 4.2 of By-law 85-
4. Section 5.13.1 of By-law 85-1 is hereby amended by replacing the words Home
Businesses permitted in Single Detached Dwellings and Semi-Detached Houses
containing only one dwelling unit:with the words Home Businesses permitted in
Single Detached Dwellings and Semi-Detached Houses containing only one dwelling
unit, and not on a lot containing an Additional Dwelling Unit (Detached):.
5. Section 5.13.2 of By-law 85-1 is hereby amended by replacing the words Regulations for
Home Business in Single Detached Dwellings and Semi-Detached Houses containing
Appendix A
only one dwelling unit:with the words Regulations for Home Businesses in Single
Detached Dwellings and Semi-Detached Houses containing only one dwelling unit,
and not on a lot containing an Additional Dwelling Unit (Detached):
6. Section 5.13.3 of By-law 85-1 is hereby amended by replacing the words Home
Businesses permitted in Duplex Dwellings, Multiple Dwellings, Semi-Detached
Houses containing two dwelling units and Street Townhouse Dwellings: with the
words -
Detached Houses containing two dwelling units and Street Townhouse Dwellings,
or on any lot containing an Additional Dwelling Unit (Detached)
7. Section 5.13.4 of By-law 85-1 is hereby amended by replacing the words Regulations
for Home Business in Duplex Dwellings, Multiple Dwellings, Semi-Detached Houses
containing two dwelling units and Street Townhouse Dwellingswith the words
es in Duplex Dwellings, Multiple Dwellings, Semi-
Detached Houses containing two dwelling units and Street Townhouse Dwellings,
or on any lot containing an Additional Dwelling Unit (Detached):
8. Section 5.22 of By-law 85-1 is hereby amended by deleting it in its entirety and replacing
with the following:
5.22 ADDITIONAL DWELLING UNIT (DETACHED)
One Additional Dwelling Unit (Detached) shall only be permitted in association with a
Single Detached Dwelling, Duplex Dwelling, Semi-Detached House, Semi-Detached
Duplex House, or Street Townhouse Dwelling. The following regulations shall apply
for an Additional Dwelling Unit (Detached):
a) for the purposes of Section 5.22, the area that is designed to be a separate
lot for a Street Townhouse Dwelling or Semi-Detached Dwelling shall be
considered to be a lot;
b) the minimum lot area shall be 395 square metres;
c) the minimum lot width shall be 13.1 metres;
d) no more than one Additional Dwelling Unit (Detached) is permitted on a lot;
e) the maximum number of Dwelling Units on a lot shall be three;
f) an Additional Dwelling Unit (Detached) shall not be severed from the lot
containing the Single Detached Dwelling, Duplex Dwelling, Semi-Detached
House, Semi-Detached Duplex House, or Street Townhouse Dwelling;
g) the Additional Dwelling Unit (Detached) shall be connected to full municipal
services;
h) the total building floor area of the Additional Dwelling Unit (Detached) shall
not exceed 50 percent of the building floor area of the Single Detached
Dwelling, Duplex Dwelling, Semi-Detached House, Semi-Detached Duplex
Appendix A
House, or Street Townhouse Dwelling on the same lot, or 80 square metres,
whichever is less;
i) on a lot containing an Additional Dwelling Unit (Detached), the principal
building shall comply with the following:
i) where the principal building is a Single Detached Dwelling or Duplex
Dwelling, the minimum side yard setback on each side of the principal
dwelling shall be 1.2 metres;
ii) where the principal building is a Semi-Detached House, Semi-
Detached Duplex House, or Street Townhouse Dwelling, the
minimum side yard setback of the principal dwelling unit shall be 2.5
metres on one side;
j) a building containing an Additional Dwelling Unit (Detached) shall have a
minimum side yard and minimum rear yard of 0.6 metres;
k) an Additional Dwelling Unit (Detached) shall not be located in the front yard
or side yard abutting a street of the principal dwelling;
l) For Additional Dwelling Unit (Detached), the maximum building height shall
be:
a. 4.5 metres for a hip, gable, shed, or gambrel roof, measured to the mid
point between the eaves and the peak of the roof, excluding the eaves of
any projections;
b. 4.5 metres for a mansard roof, measured to the deck line;
c. 3 metres for a flat roof, measured to the peak of the roof;
m) For a shed roof where the peak of the roof is more than 4.5 metres from
highest finished grade level, the highest exterior wall shall not face a rear or
side lot line closer than 4.5 metres, except where the lot line is a street line or
lane;
n) the maximum combined lot coverage of all accessory buildings inclusive of
an Additional Dwelling Unit (Detached) shall be 15 percent; and,
Appendix A
o) an unobstructed walkway that is a minimum 1.1 metres in width shall be
provided from a street or lane to the Additional Dwelling Unit (Detached). The
walkway shall not be located within a required parking space.
9. Section 6.1.1.1 b) of By-law 85-1 is hereby amended by deleting it in its entirety and
replacing with the following:
Single Detached Dwellings, Semi-Detached Dwellings, and Duplex Dwellings with
or without an Additional Dwelling Unit (Detached); Residential Care Facility having
less than 9 residents; and a Lodging House having less than 9 residents
On a lot containing a Single Detached Dwelling, Semi-Detached Dwelling, or Duplex
Dwelling with or without an Additional Dwelling Unit (Detached); Residential Care Facility
having less than 9 residents; or a Lodging House having less than 9 residents:
10. Section 6.1.1.1 b) i) of By-law 85-1 is hereby amended by deleting it in its entirety and
replacing with the following:
The off-street parking required for such dwellings shall be located a minimum
distance of 6 metres from the street line.
Notwithstanding the above, a Duplex Dwelling, Semi-Detached Dwelling containing
two dwelling units, any principal dwelling with an Additional Dwelling Unit (Detached),
or a Residential Care Facility having less than 9 residents, all of which require a
minimum of two parking spaces, shall be permitted to locate one of the required
parking spaces on the driveway less than 6 metres from the street line and may be
arranged in tandem. For any principal dwelling containing an Additional Dwelling Unit
(Detached), up to three required parking spaces may be arranged in tandem.
11. Section 6.1.1.1 c) of By-law 85-1 is hereby amended by deleting it in its entirety and
replacing with the following:
Street Townhouse Dwellings with or without an Additional Dwelling Unit
(Detached)
On a lot containing a Street Townhouse Dwelling with or without an Additional Dwelling
Unit (Detached):
12. Section 6.1.1.1 c) i) of By-law 85-1 is hereby amended by deleting it in its entirety and
replacing with the following:
i) The off-street parking required for such dwelling shall not be located within the
minimum front yard or the minimum side yard abutting a street, except in the case
of a Street Townhouse Dwelling containing two Dwelling Units or any Street
Townhouse Dwelling containing an Additional Dwelling Unit (Detached), in which
case one required off-street parking space may be located in a driveway within the
minimum front yard or minimum side yard abutting a street.
13. Section 6.1.1.1 c) iv) of By-law 85-1 is hereby amended by deleting it in its entirety and
replacing with the following:
Appendix A
In the case of a Street Townhouse Dwelling containing two Dwelling Units and any
Street Townhouse Dwelling with an Additional Dwelling Unit (Detached), each
additional required parking space may be arranged in tandem behind the first
14. Section 6.1.2 a) of By-law 85-
(Detached) into Column 1 in proper ach
dwelling
15. Section 6.1.2 a) of By-law 85-
16. Sections 35.1, 36.1, 37.1, 38.1, 39.1, 40.1, and 41.1 of By-law 85-1 are hereby amended
by inserting into the existing list of permitted uses
thereto in proper alphabetical order.
17. Section 35 of By-law 85-1 is hereby amended by inserting the following Section 35.4
thereto:
35.4 FOR ADDITIONAL DWELLING UNIT (DETACHED)
In accordance with regulations set out in Section 5.22 of this By-law.
18. Sections 36.1, 37.1, 38.1, 39.1, 40.1, 41.1, and 42.1 of By-law 85-1 are hereby amended
19. Sections 36.2.1, 37.2.1, 38.2.1, 39.2.1, 40.2.2, and 41.2.2 of By-law 85-1 are hereby
amended by replacing the words on Appendix
with the words
principal dwelling constructed after the effective date of this by-law on a lot containing an
20. Sections 36.2.1, 37.2.1, 38.2.1, 39.2.1, 40.2.2, and 41.2.2 of By-law 85-1 are hereby
amended by replacing the words x
with the words aximum
principal dwelling constructed after the effective date of this by-law on a lot containing an
21. Sections 36.2.2, 37.2.2, 38.2.3, 39.2.5, 40.2.7, and 41.2.7 of By-law 85-1 are hereby
amended to read as follows:
FOR ADDITIONAL DWELLING UNIT (DETACHED)
In accordance with regulations set out in Section 5.22 of this By-law.
22. Sections 38.1 and 39.1 of By-law 85-1 are hereby amended by replacing the words -
Detached Duplex Dwwith the words -
.
Appendix A
23. Sections 38.2.2 and 39.2.2 of By-law 85-1 are hereby amended by replacing the words
-words -Detached Dwelling and Semi-
24. Sections 38.2.2, 39.2.2, 40.2.3, and 41.2.3 of By-law 85-1 are hereby amended by
replacing the words inimum Front Yard for lands identified on Appendix with the
words -Detached
Duplex Dwelling in a building constructed after the effective date of this by-law, and any
principal dwelling constructed after the effective date of this by-law on a lot containing an
25. Sections 38.2.2, 39.2.2, 40.2.3, and 41.2.3 of By-law 85-1 are hereby amended by
replacing the words with the
words -Detached
Duplex Dwelling in a building constructed after the effective date of this by-law, and any
principal dwelling constructed after the effective date of this by-law on a lot containing an
26. Sections 38.2.2, 39.2.2, 40.2.3, and 41.2.3 of By-law 85-1 are hereby amended to add the
following row thereto after the last row of the existing table:
A maximum of one pedestrian entrance for
each semi-detached house or semi-
detached duplex house may be located on
27. Section 39.2A of By-law 85-1 is hereby amended to read as follows:
39.2A FOR ALL USES
Maximum Number of Dwellings Per One plus an Additional Dwelling Unit
Lot (Detached)
28. Section 42 of By-law 85-1 is hereby amended by intentionally deleting Section 42.2.7 in
its entirety.
29.
amended by deleting it in its entirety and replacing with the following:
319. Notwithstanding Sections 37.1 and 38.1 of this by-law, within the lands zoned as
Residential Three Zone (R-3) with Special Regulation Provision 1R, Residential
Three Zone (R-3), Residential Three Zone (R-3) with Special Regulation Provision
194R and 1R, Residential Four Zone (R-4), and Residential Three Zone (R-3) with
Special Regulation Provision 194R, and described as Lots 4 to 11 inclusive, 20 to
24 inclusive, 28, 29, 37 to 55 inclusive, 70 to 74 inclusive, 76, 81 to 105 inclusive,
Part Lots 12 to 19 inclusive, 27, 30 to 36 inclusive, 75, Part of Sydenham Street
Closed, Part of Elgin Street closed, and Part of Head Street Closed, all according
to the Registered Plan 578; Lots 1 to 7 inclusive, Registered Plan 579; Lots 1 to
72 inclusive, Blocks G, H, and I, Registered Plan 1472; Lots 1 to 9 inclusive and
Block 10, Registered Plan 1480; Lots 1 to 8 inclusive, Registered Plan 1488; Lots
1 to 10 inclusive, Registered Plan 1707; Part Lot 11, Beasley's Survey; part of
Appendix A
Biehn's Tract; and that Part of Biehn's Tract designated as Parts 1 to 3 inclusive
on Plan 58R-2028 and Part 1 on Plan 58R-7525; for the City of Kitchener, Duplex
Dwellings and Additional Dwelling Units (Detached) shall be prohibited, and each
Semi-Detached House shall be limited to one Dwelling Unit.
PASSED at the Council Chambers in the City of Kitchener this ______day of
___________, 2021
_____________________________
Mayor
_____________________________
Clerk
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND A PUBLIC MEETING TO DISCUSS
A PROPOSED CITY-INITIATED ZONING BY-LAW AMENDMENT
UNDER SECTION 34 OF THE PLANNING ACT
Additional Dwelling Units
The City of Kitchener is proposing new uses and regulations in Zoning By-law 85-1 to fully align with changes to the
Provincial Planning Act (Bill 108, More Homes, More Choice Act) which requires municipalities to allow additional
residential units on lots containing single detached, semi-detached, and street townhouse dwellings. The newuses
allowed would be:
1. Additional Dwelling Unit (Detached) on a lot in the R-1, R-2, R-3, R-4, R-5, R-6, and R-7 zone that contains a
single detached, semi-detached, or street townhouse dwelling. Additional Dwelling Units (Detached) are
commonly referred to as coach houses, backyard homes, laneway suites or tiny houses. Most low-rise residential
properties in Kitchener are zoned R-1 through R-7.
2. Semi-Detached Duplex Dwelling in the R-4 and R-5 zone.
New regulations for Additional Dwelling Units (Detached) include:
Definition of Additional Dwelling Unit (Detached)
Minimum lot area and width
Maximum lot coverage
Maximum number of units on a lot
Maximum size of unit
Setbacks
Building height
Location on a lot
Requiring a walkway to a street
Requiring units to be municipally serviced
Parking requirements
New regulations for all Semi-Detached Duplex Dwellings include:
Maximum number of street-facing pedestrian entrances
Setbacks of new buildings must be generally in line with adjacent buildings on the same street
In keeping with physical distancing measures recommended by Public Health due to COVID-19, an electronic public
meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of Council which deals with
planning matters, on:
Monday, April 19, 2020 at 7:00 p.m.
(live-stream video available at kitchener.ca/watchnow)
If you wish to make written and/or verbal comments either in support of, or in opposition to, the above noted proposal you
may register as a delegation at kitchener.ca/delegations or by contacting Legislated Services at 519-741-2200 ext. 2203
by no later than 5:00 p.m. on April 19, 2020. A confirmation email and instructions for participating in the meeting
electronically with be provided once your registration is received.
If a person or public body would otherwise have an ability to appeal the decision of the City of Kitchener to the
Local Planning Appeal Tribunal, but the person or public body does not make oral submissions at a public
meeting or make written submissions to the City of Kitchener prior to approval/refusal of this proposal, the
person or public body is not entitled to appeal the decision.
ADDITIONAL INFORMATION is available by contacting the staff person noted below or by viewing the report contained in the
meeting agenda (posted 10 days before the meeting at www.kitchener.ca - click on the date in the Calendar of Events and
select the appropriate committee).
If you wish to be notified of the decision of the City of Kitchener with respect to applications, you must make a written request
to the City Clerk, Department of Corporate Services, 200 King Street West, P.O. Box 1118, Kitchener, Ontario, N2G 4G7.
Richard Kelly-Ruetz, Project Manager - 519-741-2200 x7110 (TTY: 1-866-969-9994); richard.kelly-ruetz@kitchener.ca
Tim Donegani, Senior Planner - 519-741-2200 x7067 (TTY: 1-866-969-9994); tim.donegani@kitchener.ca