NOTICE: Town-initiated zoning by-law amendment to update regulations to accessory apartments in the Town of St. Marys

Accessory apartments are private, self-contained residential units with kitchen and bathroom facilities within dwellings or accessory structures. On October 9, 2018, Council passed Zoning By-law No. Z130-2018 to add provisions to the Town’s Zoning By-law to permit accessory apartments in the Town.

The Town has now initiated a Town-wide Zoning By-law Amendment, the purpose and effect of which is to update regulations related to accessory apartments as follows:

Amend Section 5.1.1 to remove any confusion respecting permitting accessory apartments in condominium developments.
Amend clause (a) of Section 5.1.1 to increase the maximum floor area of an accessory apartment (as a percentage of the gross floor area of the main building) from 40 to 45 percent, and exempt dwelling units in basements or cellars from these regulations.
Delete clause (b) of Section 5.1.2 to remove the minimum lot size requirement for an accessory apartment in an accessory building or structure.
Clause (c) of Section 5.1.2 requires minimum front, rear, interior side and exterior side yard setbacks for a detached accessory apartment to be equal to the minimum yard requirements for the main building. The proposed amendment to the Zoning By-law would require minimum front, rear, interior side and exterior side yard setbacks for a detached accessory apartment to be in accordance with the minimum yard requirements for accessory buildings and structures in Section 5.1.3A.
Amend Section 5.8 to clearly indicate that an accessory apartment is permitted below grade.

The proposed Zoning By‐law Amendment applies to all lands within the Town of St. Marys and therefore a key map has not been provided with this notice.

Public Meeting

A public meeting will be held by the Council of the Corporation of the Town of St. Marys, pursuant to Section 34 of the Planning Act, R.S.O. 1990, on Tuesday, June 8, 2021 at 6:00 p.m. The meeting will be held virtually and will be live streamed to the Town’s YouTube channel. The meeting will provide an opportunity to comment on the proposed zoning by‐law amendment.

PLEASE NOTE that due to the COVID-19 pandemic state of emergency, all Council meetings will be held online, until further notice. As this will be an online meeting, there will be no physical in person attendance. For further details on how to attend online or provide comments to the Town respecting this Application, please contact the Clerk at 519-284-2340 x 212 or clerksoffice@town.stmarys.on.ca or visit www.townofstmarys.com/planning.

Written/Verbal Submissions

If you wish to be notified of the decision of the Town of St. Marys on the proposed zoning by‐law amendment, you must make a written request to the Clerk of the Town of St. Marys.

If a person or public body would otherwise have an ability to appeal the decision of the Council of the Town of St. Marys 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 Town of St. Marys before the by-law is passed, the person or public body is not entitled to appeal the decision.

If a person or public body does not make oral submissions at a public meeting, or make written submissions to the Town of St. Marys before the by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Local Planning Appeal Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so.

Additional Information

For more information about this matter, including information about appeal rights, contact Grant Brouwer, Director of Building and Development at the Town of St. Marys Municipal Operations Centre:
408 James St. S.
P.O. Box 998, St. Marys, ON N4X 1B6
Telephone: 519-284-2340, ext. 215
Email: gbrouwer@town.stmarys.on.ca

Please note: Comments and opinions submitted on these matters, including the originator’s name and address, become part of the public record, may be viewed by the general public, may be published in a Planning Report to Planning Advisory Committee and/or Council, and may be included in Planning Committee and/or Council agendas and minutes. Agendas and minutes are published on the Town of St. Marys website at www.townofstmarys.com.

DATED AT THE TOWN OF ST. MARYS THIS 10^th DAY OF MAY, 2021.

Jenna McCartney, Clerk, Town of St. Marys
175 Queen St. E., PO Box 998, St. Marys, ON N4X 1B6
Telephone: 519-284-2340
Fax: 519-284-3881
Email: jmccartney@town.stmarys.on.ca