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Notice of the passing of a zoning by-law

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TAKE NOTICE that the Council of the Corporation of the Town of St. Marys passed By-law No. Z130-2018 on the 9th day of October, 2018 under Section 34 of the Planning Act, R.S.O. 1990.

An accessory apartment is a separate dwelling unit, which is located within and subordinate to a single-detached, a semi-detached, or row or townhouse dwelling. The purpose and effect of By-law Z130-2018 is to add provisions to the Town’s Zoning By-law to permit:

  • One accessory apartment per lot in any single-detached, semi-detached or row or townhouse dwelling provided that:
    • The maximum gross floor area of the accessory apartment shall not exceed 40% of the gross floor area of the main building or 100 m2;
    • A home occupation is prohibited in any accessory apartment; and,
    • The lot is serviced by municipal water and sanitary sewer services.
  • Alternatively, one accessory apartment in an accessory building or structure on the lot provided that:
    • The size of the lot is a minimum of 1,000 m2;
    • The accessory building or structure complies with minimum front, rear, interior side and exterior side yard requirements for the main building; and,
    • The accessory building or structure complies with the building height and lot coverage requirements of the Zoning By-law.

The by-law also prohibits an accessory apartment on any lot where a garden suite exists, or on any lot located east of the CNR tracks and north of Trout Creek until a secondary means of access to these lands is available.

The 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. Council considered all written and oral submissions received prior to making this decision.

Note that in respect of second units (referred to as accessory apartments in By-law No. Z130-2018), Section 34(19.1) of the Planning Act states that there is no appeal in respect of the parts of a by-law that give effect to policies described in subsection 16(3), including, for greater certainty, no appeal in respect of any requirement or standard relating to such policies. Section 16(3) of the Planning Act relates to second unit policies in official plans.

Additional Information

For more information about this matter, including a copy of By-law No. Z130-2018, contact the Building & Development Department at the Municipal Operations Centre, 408 James Street South, P.O. Box 998, St. Marys, ON, N4X 1B6 (Phone: 519-284-2340 ext. 243).

DATED AT THE TOWN OF ST. MARYS THIS 17th DAY OF OCTOBER, 2018
Brent Kittmer, CAO/Clerk, Town of St. Marys | 175 Queen Street East, PO Box 998, St. Marys, ON N4X 1B6 Telephone: 519-284-2340, ext. 216 | Fax: 519-284-3881