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3398-2019 ZBLA 2965 Secondary Suites

3398-2019 Zoning By-Law 2965-2012 Amendment – Secondary Suites

BEING A BY-LAW TO AMEND BY-LAW NO. 2965-2012

Passed by Council January 14, 2019


THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
By-law No. 3398-2019
BEING A BY-LAW TO AMEND BY-LAW No. 2965-2012

WHEREAS pursuant to the provisions of the Planning Act, Section 34, the Council of a
Municipality may enact by-laws to regulate the use of land, buildings or structures for
any purpose set out therein that is otherwise prohibited;

AND WHEREAS By-law No. 2965-2012 regulates the use of land and the use and
erection of buildings and structures within the Township of Augusta;

AND WHEREAS By-law No. 3321-2017 regulates secondary suites within the Zoning
By-Law 2965;

NOW THEREFORE the Council of the Corporation of the Township of Augusta enacts
as follows:

1. The definition of a Secondary Suite in section 4 of the by-law is hereby deleted
and replaced with the following:

Secondary Suite: Means a self-contained accessory unit having cooking and
sanitary facilities which is located within a Single Detached, Semi-Detached,
Townhouse dwelling unit or located in a separate individual dwelling unit on the
same lot or located within an accessory building on the same lot as the main
residential use. A secondary suite is a subordinate residential use to the existing
primary dwelling unit.

2. Section 6.39 of the by-law is hereby deleted in its entirety and replaced with the
following:

6.39 SECONDARY SUITES:

6.39.1 One (1) secondary suite may be permitted as a dwelling unit accessory to
the primary dwelling unit located within a single detached, semi-detached or
townhouse dwelling on any lot;

6.39.2 An existing accessory building, or part of an accessory building, may be
used as a secondary suite subject to compliance with the Ontario Building Code;

6.39.3 No dwelling unit other than a single detached, semi-detached or
townhouse dwelling shall permit a secondary suite and then only in accordance
with the following provisions.

a) Secondary Suites may be permitted to locate within a single detached,
semi-detached, townhouse dwelling, in a separate individual dwelling unit
on the same lot or in an accessory building on the lot of a single detached,
semi-detached or townhouse dwelling;

b) Notwithstanding 6.39.3, where a lot is zoned as Floodplain, secondary
suites shall not be permitted.

b) The addition of a secondary suite in a single detached, semi-detached,
street townhouse dwelling unit or as a separate individual dwelling unit
shall not change the use of the subject lands;

c) A maximum of one (1) secondary suite shall be permitted on a
residential lot;

d) Where a secondary suite is proposed to be located in a new accessory
building, such building shall meet the minimum setback requirements for
the main residential building;

e) Where a secondary suite is proposed to be located in an existing
accessory building, setbacks applicable to accessory buildings shall apply
provided that all other applicable regulatory requirements have been met;

f) Where a secondary suite is located in an accessory building, there shall
be a minimum of 1 parking space in addition to the required number of
spaces for the main residential building;

g) A secondary suite shall not exceed more than forty-five percent (45%)
of the gross floor area of the primary dwelling.

h) New entrances for a secondary suite in an existing dwelling unit shall
not be permitted on the front main wall of the main building facing a public
road.

i) New entrances for a secondary suite in an accessory building shall be
accessible from the street by a walkway or driveway.

j) A secondary suite shall not be permitted in a dwelling unit where a
private home daycare, a bed and breakfast establishment, or, a group
home exists.

3. All other applicable provisions of By-law 2965 shall continue to apply.

4. That By-law 3321-2017 is hereby rescinded.

Read a first and second time this 14th day of January, 2019.

Read a third time and adopted this 14th day of January, 2019.

Signed by Mayor Doug Malanka and Clerk Annette Simonian

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