An Ontario owner wants to convert a detached house into two residential units. The lot is inside a settlement area, served by municipal water and sewage, and zoned for residential use, but the zoning by-law allows only one dwelling unit per house. There are no other buildings on the lot. What is the most appropriate course of action?
Correct Answer
C) Apply for a building permit and carry out the conversion under it
Planning Act s. 35.1(1) says a zoning by-law cannot prohibit two residential units in a detached house on a parcel of urban residential land, meaning serviced land in a settlement area where residential use is permitted. The one-unit limit is of no effect for this lot, so no rezoning or variance is needed. The work is still construction, and Building Code Act s. 8(1) requires a building permit.
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