By: Sylene Argent, Local Journalism Initiative Reporter, Essex Free Press
Members of Essex Council received a report detailing proposed general amendments to the Comprehensive Zoning By-Law 1037 – which controls the use of land and buildings, and regulates where buildings may be constructed in certain areas – during a special meeting hosted on the matter on December 15.
This is a By-Law that was adopted in 2010.
The purpose of hosting the special meeting was to only hear comments from the public relating to the proposed amendments. Council will make a decision on them at a future meeting in 2026. At that time, a Report to Council and an amending By-Law will be presented for Council’s consideration.
At that point, Council will have a few options: fully adopt the By-Law for three readings and start the 20-day appeal period, provisionally adopt the By-Law for one or two readings where final readings are reserved for another Council meeting, defer the decision if more information is required, or deny the By-Law which would start a 20-day appeal period.
Rita Jabbour, Manager of Planning Services, noted the proposed amendments are consistent with the Provincial Planning Statement (PPS) and conform to the County of Essex and Town of Essex Official Plans.
The proposed changes include:
- A new regulation that specifies the main dwelling is the house existing on the lot prior to the construction of an Additional Dwelling Unit (ADU) in ag areas. This is already in place for urban lots.
- Revision to the regulation permitting a maximum lot coverage of 45% for a residential lot where an ADU is proposed in a settlement area. Ontario regulations require this.
- Removal of the regulation requiring one water and sanitary connection per lot for main dwelling and ADU in settlement area and prohibiting connection to private septic or water system. It does not belong in the Zoning By-Law and is dealt with through other By-Laws.
- Revision of the minimum parking regulations for dwelling units in Combined Use Buildings that have commercial and residential components, to reflect minimum parking regulations for multi-residential buildings (apartments/condos). Currently, the By-Law only requires 1.25 spaces per dwelling unit in a combined dwelling, and 15% of those parking spaces are for visitors. This would instead base minimum parking spaces on the bedroom count. Visitor parking would be amended to be 0.15 spaces per each dwelling unit.
- Exemption of the new commercial buildings from minimum parking regulations in parking exception areas (downtown Harrow and Essex Centre). The current By-law requires new commercial development to provide onsite parking. The exemption currently only applies to existing buildings. This does not exempt dwelling units from providing parking if they are downtown.
- Removal of semi-detached dwellings as permitted main use on County Road 50, east and west of the Colchester Hamlet. Semis are not permitted in these areas under the Town of Essex Official Plan.
- Permitting a minimum interior side yard (distance between main building wall and side lot line) width of 1.2m for dwellings in R1.1, R1.2, and R2.2 Zones. Currently, a dwelling must have a minimum side yard width of 3m on one side where there is no attached garage or carport to allow for side yard parking.
- Removal of the regulation for setbacks for accessory buildings on through lots. It is currently required to be the same setback as the front yard.
- Removal of subsection 9.3 permitting single-unit dwellings on existing lots with 12m frontage and existing lot area, as they are permitted as of right on these lots.
- Renaming Section 10.2 to Front Yard Averaging for Dwellings and Accessory Buildings and adding regulation for minimum setback for vehicle entrance from exterior lot line of 6m.
- Allow a roadside stand as an accessory use to an agricultural operation in Pleasant Valley.
Amendments also include updating a list of definitions.
The idea is that the amendments will promote more efficient use of residential land and intensification and promotion of commercial lands and employment opportunities, Jabbour added.
After providing notice to the public, and internal and external agencies, two comments were received. The Essex Region Conservation Authority (ERCA) and the County of Essex had no objections to the amendments. In addition, the Town did not receive any comments from the Public as of December 8.
Councillor Katie McGuire-Blais had concerns regarding parking for residential and semi-detached homes. Lori Chadwick, Director of Planning Services, noted that back in October Council passed two motions, one for parking exceptions in new constructions in the downtown areas. That is planned to be brought to Council in January. In the spring, she intends to bring another report for single, semis, townhomes, etc., as staff needs an opportunity to provide Council with information on what parking regulations and requirements could and could not be amended.
McGuire-Blais wondered if the Town could not apply this bedroom rule to residential units now, rather than waiting until the spring. She does not want to wait several months for a report, when many homes may be approved with one car parking space per four-bedroom home.
The direction Council provided prior was to create a report clarifying why some units, such as ADUs, and why any municipal Council in Ontario cannot provide more than one parking space for ADUs. For a single-unit dwelling, Town staff is ensuring housing types are reviewed and the number of bedrooms required, Chadwick explained.
Councillor Joe Garon asked about bachelor units. Jabbour believes one parking space is required for them.
In speaking to the amendment that would allow a roadside stand as an accessory use to an agricultural operation in Pleasant Valley, Mayor Sherry Bondy hoped patrons would be able to pull into a driveway and not have to park along the shoulder of the road, because it is narrow. Jabbour said roadside stands are allowed to be a max of 75sqm in gross floor area and be set back a minimum of 9m from the road, leaving ample space for parking.
Bondy also asked if there are ADUs that cannot hook up to the main water, if there is a mechanism for them to get a second water hook up. Director of Infrastructure, Kevin Girard, said every ADU application is reviewed individually. If there was an instance where someone could not utilize the existing service, the Town would review it and provide an additional service if needed. The idea is to avoid duplicating services, which would be an additional cost to the Town. He added the resident would be responsible for all costs related to the installation.
