Notice of Passing of a Zoning Bylaw 2020.460
Burlington City Council passed Bylaw 2020.460 to amend Bylaw 2020, as amended, on Sept. 26, 2023, under Section 34 of the Planning Act, 1990, as amended. File number: 520-03/23 (PL-53-23)
Bylaw 2020.460 are city-initiated amendments to comply with changes made to Section 16(3) and Section 35.1 of the Planning Act regarding additional residential units through the More Homes Built Faster Act, 2022 (Bill 23) and the Helping Homebuyers, Protecting Tenants Act, 2023 (Bill 97).
Public consultation on the proposed zoning bylaw amendment occurred through a Statutory Public Meeting held on Sept. 12, 2023, at the Community Planning, Regulation and Mobility Committee of Council. Notice of the Statutory Public Meeting was mailed on Aug. 11, 2023, and published in the Burlington Post on Aug. 10, 2023. The City received 1 comment on the proposed amendment and there were 2 delegations at the Statutory Public Meeting held on Sept. 12, 2023.
For more information, please contact Victoria Coates of the Community Planning Department at victoria.coates@burlington.ca.
Should you wish to appeal this bylaw to the Ontario Land Tribunal, you must file an appeal to the City Clerk by Oct. 18, 2023. Your appeal must include your objection to the bylaw and the reasons for this objection along with a cheque for $1,100, payable to the Minister of Finance. Additional information on the Ontario Land Tribunal process can be located at www.olt.gov.on.ca. Section 34(19.1) of the Planning Act provides that there is no appeal of those parts of a bylaw passed to permit the use of Additional Residential Units. Specifically, there is no appeal of the parts of Bylaw 2020.460 referenced below:
- PART 1 of By-law 2020, as amended, General Conditions and Provisions, Section 2.21 Uses Permitted in All Zones, is amended by:
i. Adding:
“(u) Additional Residential Units
- Permitted in the R1, R2, R3, R4, R5, RM1, RM2, RM3, RM4, RM5, RH1, RH2, RH4, RH5, RO1, RO2, RO3, RO4, RAL1, RAL2, RAL3, RAL4, MXG, MXC, MXT, DRM, DRL, UCR1, UCR2, UCR3, URH, URM, RNA1, RNA2, RNA3, SNA, ONA, and DNA zones, and any exception numbers associated with these zones, and in the O2-195, O2-196, and O3-196 zones.
- Also permitted in a zone preceded by an H (Holding) zone prefix in an existing building lawfully permitted on the date the amending By-law creating the ‘H’ zoning was enacted.
- In addition to the principal dwelling unit, up to two Additional Residential Units are permitted on a parcel of urban residential land where one Detached Dwelling, Semi-Detached Dwelling, Street Townhouse, or Townhouse is permitted. For clarity, Additional Residential Units in association with a Townhouse are only permitted on a POTL where one Townhouse is permitted.
- Only one Additional Residential Unit may be located within an Accessory Building.
If you wish to view the complete bylaw and/or be notified of the outcome of the zoning bylaw amendment, please contact Jo-Anne Rudy, Committee Clerk, City of Burlington, at jo-anne.rudy@burlington.ca.
Legal Notice
Only individuals, corporations and public bodies may appeal a zoning bylaw to the Ontario Land Tribunal. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or group on its behalf.
No person or public body shall be added as a party to the hearing of the appeal unless, before the plan was adopted, the person or public body made oral submissions at a public meeting or written submissions to the council or, in the opinion of the Ontario Land Tribunal, there are reasonable grounds to add the person or public body as a party.
DATED at the City of Burlington on September 28, 2023.