Item - 2023.PH8.3

The Chief Planner and Executive Director, City Planning recommends that:

1. City Council amend Zoning By-law 569-2013, as amended, substantially in accordance with the draft Zoning By-law Amendment appended as Attachment 1 to the report (November 15, 2023) from the Chief Planner and Executive Director, City Planning.

2. City Council authorize the City Solicitor to make such stylistic and technical changes to the proposed Draft Zoning By-law Amendment as may be required.

3. City Council request the Chief Planner and Executive Director, City Planning to undertake further stakeholder consultation and report back to Planning and Housing Committee in the third quarter of 2024 with proposals for the recommended Phase 2 of the Zoning By-law Simplification and Modernization for Low-rise Residential Zones study.

The Planning and Housing Committee held a statutory public meeting on November 30, 2023, and notice was given in accordance with the Planning Act.

This report recommends changes to Zoning By-law 569-2013 (‘the city-wide Zoning By-law’) to be advanced as part of the first phase of work to simplify and modernize low-rise residential zoning regulations. The recommended zoning amendments would remove barriers, ease administration, and enable the creation of more housing as part of the Housing Action Plan to achieve or exceed the provincial housing target of 285,000 new homes over the next 10 years.

As described in the June 19, 2023 Proposals Report (Item PH5.5), this study organizes proposed changes by three key themes: ‘simplification’, ‘harmonization’, and ‘modernization’.

The recommended ‘simplification’ zoning changes advanced in this report include updating and clarifying zoning regulations for multiple secondary suites in one building in the R zone to reduce confusion, and clarify the distinction between secondary suites, multiplexes and low-rise apartment buildings. This includes the introduction of new conversion regulations to preserve existing permissions that allow detached houses and semi-detached houses to be converted to contain multiple units.

The recommended ‘harmonization’ zoning changes would align regulations, such as main wall height provisions for flat roof buildings between building types (i.e., detached and semi-detached houses) and across zones to ensure a consistent approach to city-wide performance standards for buildings of a similar scale, while enabling a diversity of architectural styles. Additional recommended zoning changes include a harmonization of performance standards in the R zone for low-rise apartment buildings with those for multiplexes to facilitate conversions and remove barriers to creating low-rise apartment buildings where they are already permitted.

The ‘modernization’ changes identified in the Proposals Report included exploration of alternative approaches to regulating building area (Floor Space Index (FSI)) and moving the city-wide Zoning By-law towards a more form-based approach focusing on the external characteristics of a building. Through consultation, additional considerations have been identified and further analysis is necessary before a preferred approach to zoning changes can be recommended. Staff will continue this analysis and consultation and report back on potential approaches in Q4 2024.

The recommended zoning changes in this report respond to provincial policy changes to the Planning Act (Bill 23) and have been informed by review of best practices in comparable jurisdictions in Ontario, Canada, and North America, ongoing stakeholder engagement, and integration with other zoning and policy modernization initiatives such as the Expanding Housing Options in Neighbourhoods (EHON) initiative.