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THE CORPORATION OF THE
TOWNSHIP OF SOUTH ALGONQUIN
BY-LAW NO. 2024-801
A BY-LAW TO AMEND ZONING BY-LAW NO. 2017-527 TO ALLOW
ADDITIONAL RESIDENTIAL UNITS (ARUs)
WHEREAS, the Planning Act, R.S.O. 1990, Chapter P.13 Section 34 as amended, provides
that the Councils of local municipalities may enact by-laws regulating the use of land and the
erection, location and use of buildings and structures within the Township;
AND WHEREAS, By-Law No. 2017-527 regulates the use of land and the erection, location
and use of buildings and structures within the Township of South Algonquin;
AND WHEREAS, the Council of the Corporation of the Township of South Algonquin deems
it advisable to amend By-Law No. 2017-527 as hereinafter set out;
AND WHEREAS, this By-Law implements the policies and intentions of the Official Plan for
the Township of South Algonquin;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Township of South Algonquin enacts as follows:
1.
GENERAL REGULATIONS
1.1
THAT By-Law No. 2017-527, as amended, is hereby further amended by
adding a new Section 4.2.3, Additional Residential Units, which shall read as
follows:
"4.2.3. Additional Residential Units (ARU)
Notwithstanding any provisions to the contrary, on lands where single detached,
semi-detached, duplex, triplex, row or townhouse dwellings are permitted as a
principal use of the land and where the lands are placed within the Rural (RU),
Settlement Area Residential (R1), Settlement Area Shoreline Residential (R2),
and Shoreline Residential (SR) zones, additional residential units shall be
permitted, as an accessory use subject to the following provisions:
a) The subject property shall comply with the minimum lot area and minimum
lot frontage requirements of the zone and shall have frontage on an opened
and maintained year-round public road.
b) The development of the subject property, including the proposed ARU, will
not exceed the maximum lot coverage of the zone.
THE CORPORATION OF THE TOWNSHIP OF SOUTH ALGONQUIN
BY-LAW NO. 2024-801
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c) The proposed ARU will be accessed using the existing driveway which
accesses principal residential use.
d) The footprint of the proposed ARU will not exceed the total footprint of the
principal residential use. ARUs within an accessory shall be limited to a
maximum height of 6 m (19.7ft).
e) Each additional residential unit (ARU) shall require the establishment of 1
parking space per unit.
f) A maximum of three (3) additional residential units (ARUs) shall be
permitted per property. Up to a maximum of two (2) ARUs may be permitted
within an existing residential dwelling. An ARU may be permitted within an
accessory structure.
g) ARUs permitted within a principal dwelling shall be connected to the existing
well and septic system services.
h) ARUs permitted within an accessory structure may connect to existing well
and septic systems, should the systems have the capacity to support
additional development. Alternatively, an ARU in an accessory structure
may be developed on its own private well and septic system.
i) The applicant will be required to demonstrate, at the time of the request for a
building permit that the existing well and septic system can support the
additional development.
j) ARUs shall not be permitted within lands identified as subject to flooding or
natural hazards.
k) ARUs shall not be permitted within lands identified as having Environmental
Protection (EP) zoning.
l) ARUs and any required septic system shall not be permitted within the 30 m
setback from water.
m) ARUs proposed on lots less than 0.8 ha (2.00 ac) in size shall require the
support of a hydrogeological assessment which demonstrates that the ARU
can be supported by private services in accordance with MECP guidelines.
n) ARUs proposed shall be permitted on properties that are a principal
residence and shall not be permitted on properties which are seasonal
dwellings or residences.
o) The lands on which an ARUs is to be located shall have frontage on a
publicly maintained road. For the sake of clarity, ARUs shall not be
permitted on private roads.
p) Notwithstanding parking requirements to the contrary, each ARU unit shall
be required to provide one additional parking space.
1.2
THAT By-Law No. 2017-527, as amended, is hereby further amended by
adding the following new definition to Section 10.0, Definitions:
"10. Additional Residential Unit shall mean an accessory use to the principle
dwelling on the property, consisting of a self-contained residential unit with
kitchen and bathroom facilities within a principal single detached, semi-
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BY-LAW NO. 2024-801
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detached or townhouse dwelling or within an accessory structure, where food
preparation and sanitary facilities are provided, but shall not include a boarding
house, hotel, motel, rental cottage or cabin or similar commercial use.
1.3
AND THAT all applicable standards of By-Law No. 2017-527 shall apply to the
subject property.
1.4
AND FURTHER THAT this By-Law shall come into force and effect with the
passing thereof, in accordance with the Planning Act, R.S.O. 1990.
2.
ULTRA VIRES
Should any sections of this by-law, including any section or part of any schedules
attached hereto, be declared by a court of competent jurisdiction to be ultra vires, the
remaining sections shall nevertheless remain valid and binding.
3.
EFFECTIVE DATE
READ A FIRST AND SECOND TIME this 3rd day of July 2024.
______________________________
______________________________
Ethel LaValley, Mayor
Bryan Martin, CAO/ Clerk-Treasurer
READ A THIRD TIME AND PASSED AND ENACTED this 3rd day of July 2024.
______________________________
______________________________
Ethel LaValley, Mayor
Bryan Martin, CAO/ Clerk-Treasurer