The Town of Milton approved…

The Town of Milton approved as of right zoning for up to three additional residential units, for a total of four units on a lot, in June, 2024. The Town’s by-law is based on extensive community and stakeholder consultation.

The Town has major concerns with respect to the following proposed provincial standards:
1) Allowing at least 45% lot coverage for all buildings and structures on parcels with ARUs, and;
2) Restricting building distance separation requirements associated with any building containing ARUs to a maximum of 4 metres.

The maximum lot coverage provisions in Milton’s older established neighbourhood take into consideration the cumulative risks of flooding arising from storm drainage constraints and limitations.

In Milton’s Residential Low Density zones the maximum permitted lot coverage regulations are as follows:
Lot Coverage
Lot Area Less than 660 m² -- Maximum Lot Coverage 30%
Lot Area Between 660 – 830 m² -- Maximum Lot Coverage 25%
Lot Area Greater than 830 m² -- Maximum Lot Coverage 20%

The Residential Low Density zones where these provisions apply are primarily located in Milton’s older established neighbourhoods. Through 2019 to 2022, the Town carried out an extensive review of residential low density zoning provisions in the mature neighbourhoods. The Mature Neighbourhoods Character Study addressed local community concerns and involved detailed technical assessments and in depth public engagement. Surface water drainage patterns are a matter of serious public concern in these older established areas. A maximum lot coverage of at least 45% would severely compound and exacerbate the risks of surface water run-off, flooding and inundation in areas where existing storm sewers are unable to cope. The storm sewer system in the historic urban area wasn’t designed to accommodate 45% lot coverage.

The Town's minimum building separation distances for lots with an ARU are based on public safety considerations for firefighting and emergency access and egress. The Town’s zoning by-law requires a building separation distance of 5.5m between all garages containing an ARU and the principal dwelling. This minimum separation distance is essential to maintain adequate emergency services ladder access for firefighting and evacuation.

The Province suggests that the proposal would reduce or eliminate the need for landowners to obtain a rezoning or minor variance prior to construction. Since the Town’s ARU zoning provision came into force and effect (June 25, 2024 – October 8, 2024), 172 building permits have been issued for ARUs. Only one minor variance application has been required to seek relief from the Town’s zoning provisions relating to lot coverage and/or building separation. The proposed minor variance is seeking to increase the permitted lot coverage from 30% to 33.2% in order to add one attached ARU as well as one in the basement of the principal dwelling. Therefore, the Town considers that the proposed standards for lot coverage and minimum building separation distance are unwarranted in the Milton context.