Additional Residential Units (ARU) Zoning By-law Amendment 2026

The Province of Ontario is actively working toward creating 1.5 million homes by 2031. 

This plan is part of a broader strategy to address the housing supply crisis in Ontario and improve the quality of life for residents.  The Province has introduced various pieces of legislation since 2019, which collectively aim to remove barriers to the construction of attainable and affordable new homes in Ontario. 

The Niagara Region is forecast to accommodate a minimum population of 694,000 people by 2051. This represents an increase of over 200,000 people from 2021.

More specifically, the Town of Pelham population is also expected to grow to a minimum population of 29,000 by 2051.  This represents an increase of at least 10,800 people from 2021.  The Town of Pelham is committed to welcoming and accommodating a diverse population from all backgrounds, ages, and income levels. 

One way the Town of Pelham can provide for an increased mix of housing which supports aging in place, multiple-family households, and various ownership models is the Secondary Dwelling Units (SDUs)/ Additional Residential Units (ARUs). 

The purpose of the Additional Residential Units (ARU) Zoning By-law Amendment 2026 is to update to  ensure alignment with the current provincial planning legislation. 

Additional Residential Units (ARU) Zoning By-law Amendment 2026 Resources

The Corporation of the Town of Pelham

 

By-law No. 19-2026

 

Being a By-law to amend Zoning By-law 4481(2022), as amended, to Regulate the Use Additional Residential Units within the Town of Pelham

 

File No. AM-01-2026

 

WHEREAS Council passed By-law 4481(2022) on August 30th, 2022, to regulate the use of land, buildings and structures within the Town of Pelham;

 

AND WHEREAS Council deems it necessary to amend By-law 4484(2022), to update Section 2: Definitions and Section 3.29 Additional Residential Units to ensure compliance with Provincial Legislation and clarify regulations;

 

NOW THEREFORE, the Council of the Corporation of the Town of Pelham enacts as follows:

 

1.       THAT Section 2 and 3.29 of the Town of Pelham Zoning By-law 4481(2022), as amended, is hereby further amended as follows:

A.       Amend Section 2: Definitions of By-law 4481(2022) as follows:

a)       The following new definitions be inserted alphabetically as follows:

i.        DETACHED ANCILLARY STRUCTURE means a building or structure not physically connected to the primary dwelling unit, located on the same lot, and used for purposes subordinate and incidental to the primary dwelling unit. 

ii.        DETACHED GARAGE means a detached ancillary structure on a property that is not physically connected to the primary dwelling unit, offering flexible space for vehicles, storage, or workshops, away from living areas, which reduces noise and fume transfer but requires stepping outside for access.

iii.       GROSS FLOOR AREA (ARU) means the total area of the floor in a primary dwelling unit measured to the inside of all exterior walls or the centre of common walls, excluding any unfinished basement, garage, carport and/or unenclosed porch.

For a detached ancillary structure or detached garage used for an ARU purpose, gross floor area refers to the total area of all floors, measured to the inside of all exterior walls. 

iv.       PARCEL OR PARCEL OF LAND means a lot or block within a registered plan of subdivision, or any land that may be legally conveyed pursuant to the Planning Act.

v.       PRIMARY DWELLING UNIT means the dominant and/or largest dwelling unit on a lot in which the main residential dwelling use is conducted, which may contain or have associated with it one or more additional residential units.

b)       The additional residential unit definition be deleted and replaced with the following new definition:

ADDITIONAL RESIDENTIAL UNIT (ARU) means a self-contained dwelling unit which consists of kitchen and bathroom facilities and is intended to be used for residential purposes, secondary or subordinate to a primary dwelling unit. 

B.       Amend Section 3.29 Additional Residential Units as follows: 

a)       Section 3.29.1 be deleted and replaced with the following:

                    3.29.1 Settlement Area

a)       In addition to the primary dwelling unit, a maximum of 2 ARUS are permitted on a parcel of land that permits a residential use in the settlement area;

i)        Up to two ARUs are permitted in a single-detached, semi-detached, block townhouse or street townhouse dwelling; or

 

ii)        One ARU can be located within the primary dwelling unit and one in a detached ancillary structure or detached garage. For clarification, only one ARU can be detached from the primary dwelling unit.

 

b)       The maximum gross floor area (ARU) of the ARU shall be 50% of the total gross floor area of the primary dwelling unit, to a maximum of 93m2

 

c)       In addition to the required parking for the primary dwelling unit, a minimum of one parking space shall be provided for each ARU.

 

d)       A detached ancillary structure or detached garage that contains an ARU must maintain a minimum separation distance of 2.4m from any other building or structure on the same lot that contains a dwelling unit, unless the ARU is located in a legally established existing detached ancillary structure or detached garage.

 

e)       The maximum distance of an ARU located in a detached ancillary structure or detached garage ARU from the closest portion of the primary dwelling is 40m, unless the ARU is located in a legally established existing detached ancillary structure or detached garage.

 

f)        A detached ancillary structure or detached garage, legally established on or before the date of passing of this by-law, may be converted to an ARU without the need to comply with current zoning regulations, provided the ARU requirements are met, and no openings are added to a wall that would not otherwise comply.

 

g)       The minimum landscaped open space shall be 30% of the total lot area.

 

h)       The maximum height for a detached garage that contains an ARU shall be 8.0m.

 

i)        All other applicable zone requirements shall be met.

 

j)        All applicable requirements of the Ontario Building Code shall be met.

 

b)       Section 3.29.2 be deleted and replaced with the following:

3.29.2 Agricultural Area (Agriculture and Rural Residential Zones)

 

a)       In addition to the primary dwelling unit, a maximum of 2 ARUS are permitted on a parcel of land that permits a residential use outside of the settlement area and outside of the Green Belt Plan area;

         

i)        Up to two ARUs are permitted in a single-detached dwelling; or

 

ii)        One ARU can be located within the primary dwelling unit and one in a detached ancillary structure or detached garage. For clarification, only one ARU can be detached from the primary dwelling unit.

b)       The maximum gross floor area (ARU) of the ARU shall be 50% of the total gross floor area of the primary dwelling unit, to a maximum of 112m2

An ARU located in the basement of the primary dwelling unit may occupy the entire basement.

 

c)       In addition to the required parking for the primary dwelling unit, a minimum of one parking space shall be provided for each ARU.

 

d)       A detached ancillary structure or detached garage that contains an ARU must maintain a minimum separation distance of 2.4m from any other building or structure on the same lot that contains a dwelling unit, unless the ARU is located in a legally established existing detached ancillary structure or detached garage.

 

e)       The maximum distance of an ARU located in a detached ancillary structure or detached garage from the closest portion of the primary dwelling is 40m.

 

f)        A detached ancillary structure or detached garage, legally established on or before the date of passing of this by-law, may be converted to an ARU without the need to comply with current zoning regulations, provided the ARU requirements are met, the location of the detached ancillary structure or detached garage does not exceed the maximum distance separation noted in 3.29.2 e), and no openings are added to a wall that would not otherwise comply.

 

g)       Individual on-site sewage services and individual on-site water services must be adequate to service the ARU(s), and are encouraged to be shared.  Approval from the relevant authority must be obtained before the ARU can be approved.

 

h)       On a parcel of land that is less than 1 acre in size, the minimum landscaped open space shall be 30% of the total lot area.

 

i)        The maximum height for a detached garage that contains an ARU shall be 8.0m.

 

j)        Any applicable Minimum Distance Separation requirements must be met.

 

k)       All other applicable zone requirements shall be met.

 

l)        All applicable requirements of the Ontario Building Code shall be met.

c)       Section 3.29.3 be deleted and replaced with the following:

3.29.3       Specialty Agriculture Zone (Greenbelt Plan Area)

a)       In addition to the primary dwelling unit, one ARU is permitted on a parcel of land that permits a residential use in the in a single-detached dwelling or within a detached ancillary structure in the Specialty Agriculture Zone (Greenbelt Plan Area), provided the detached ancillary structure was constructed prior to July 1, 2017, and the primary dwelling unit or detached ancillary structure is located outside of the Greenbelt Plan Natural Heritage System.

 

b)       An ARU is not permitted within the Greenbelt Plan Natural Heritage System.

 

c)       The maximum gross floor area (ARU) of the ARU shall be 50% of the total gross floor area of the primary dwelling unit to a maximum of 112m2

 

An ARU located in the basement of the primary dwelling unit may occupy the entire basement.

 

d)       In addition to the required parking for the primary dwelling unit, a minimum of one parking space shall be provided for each ARU.

 

e)       A detached ancillary structure or detached garage that contains an ARU must maintain a minimum separation distance of 2.4m from any other building or structure on the same lot that contains a residential unit, unless the ARU is located in a legally established existing detached ancillary structure or detached garage.

 

f)        The maximum distance of an ARU from the closest portion of the primary dwelling is 40m, unless the ARU is located in a legally established existing building.

 

g)       A detached ancillary structure or detached garage, legally established on or before July 1, 2017, may be converted to an ARU without the need to comply with current zoning regulations, provided the ARU requirements are met, the location of the detached ancillary structure or detached garage does not exceed the maximum distance separation noted in 3.29.3 f), and no openings are added to a wall that would not otherwise comply.

 

h)       Individual on-site sewage services and individual on-site water services must be adequate to service the ARU(s), and are encouraged to be shared.  Approval from the relevant authority must be obtained before the ARU can be approved.

 

i)        For parcels of land under one acre in size, the minimum landscaped open space shall be 30% of the total lot area.

                   

j)        The maximum height for a detached garage that contains an ARU shall be 8.0m.

 

k)       Any applicable Minimum Distance Separation requirements must be met.

 

l)        All other applicable zone requirements shall be met; and

 

m)      All applicable requirements of the Ontario Building Code shall be met.

d)       Section 3.29.4 be deleted in its entirety.

          2.       THAT all other provisions of Zoning By-law 4481(2022) shall continue to apply.

3.       THAT this By-law shall come into force and take effect on the date of final passing by the Council of the Corporation of the Town of Pelham, subject to the provisions of the Planning Act, R.S.O., 1990, as amended.

Read, enacted, signed and sealed on this 8th day of April, 2026.

___________________________

Marvin Junkin, Mayor

__________________________

Sarah Leach, Acting Town Clerk

View a copy of the proposed zoning by-law amendment as a PDF

 

 

Notice of Public Meeting

Additional Residential Units - Zoning By-law Amendment

Date: Wednesday February 11, 2026 at 5:30 PM

Place: This hearing will be a hybrid (virtual/in-person) meeting.

Virtual Participation: Zoom Webinar / YouTube Livestream

In-person Participation: Town Hall, Council Chambers 20 Pelham Town Square, Fonthill

Town Council approved hybrid meetings via By-law No. 4507 (2022). The Town of Pelham live webcast of the Public Meeting will be streaming at: https://www.youtube.com/user/TownOfPelham/live

File Number: AM-01-2026

Public Meeting for Zoning By-law Amendment in accordance with Section 34 of the Planning Act, R.S.O. 1990, as amended.

The Town of Pelham is initiating a Zoning By-law Amendment to update its regulations regarding Additional Residential Units (ARUs) within the Town.

The Town has had ARU regulations in place since 2021. The most recent regulations were approved through the Comprehensive Zoning By-law, adopted in August of 2022.

Since that time, several new pieces of Provincial legislation have been introduced or amended regarding ARUs, and the Town is now reviewing ARU-specific regulations in the current Zoning By-law.

Staff will be reviewing all current regulations of Section 3.29 with a focus on:

  • Updated definition of ARU to conform with provincial policy;
  • Definition review of Floor Areas and Habitable Room specific to ARUs;
  • Removal of regulations that are dated or no longer applicable; and
  • Maximum unit size.

Staff will also be considering additional regulations with respect to:

  • Minimum Landscape / Open Space;
  • Percentage of ARU size in relation to the Primary Dwelling;
  • New definition for Primary Dwelling
  • ARUs within an existing detached structure; and
  • Other regulations as applicable.

A Draft By-law is available on the project page at www.pelham.ca/aruzoning for review and comment.

Your Input is Encouraged: The Town of Pelham would appreciate receiving your written and/or verbal comments regarding this application. Unless indicated otherwise, personal information and all comments will become part of the public record and may be publicly released. To provide input in writing, or to request personal notice if the proposed applications are approved, please submit your correspondence or request by 12:00 PM on Monday, February 2, 2026 for inclusion in the public meeting agenda package c/o Deputy Town Clerk, Jodi Conte, PO Box 400, 20 Pelham Town Square, Fonthill, Ontario L0S 1E0, or by email at JConte@pelham.ca. Comments and requests received after this date will still be received by Council; however, they may not be published as part of the public meeting agenda. Verbal comments will be received by the Town at the public hearing via virtual or in-person participation. To provide verbal comments virtually at the hearing, please pre-register with the Deputy Town Clerk by sending an email to JConte@pelham.ca before 12:00 p.m. on Friday February 6, 2026. Zoom webinar registration information and procedure will be provided. To provide verbal comments in-person at the Public Meeting, pre-registration is encouraged but not required. Registrants will be notified of Council’s Decision.

Need More Information: For more information, please contact Lindsay Richardson, MCIP, RPP, Policy Planner, by email at LRichardson@pelham.ca or at 905-980-6675 or 905-892-2607 ext. 335. A copy of the staff report regarding the proposed application, as well as any additional information, may be obtained on the Town’s website at www.pelham.ca/aruzoning or at Town Hall by appointment after 12:00 PM on Friday. February 6, 2026.

IMPORTANT INFORMATION:
Appeal rights for this proposed amendment may be limited under the Planning Act.

If a person or public body would otherwise have an ability to appeal the decision of the Town of Pelham’s Municipal Council to the Ontario Land Tribunal but the person or public body does not make oral submissions at a public meeting or make written statements to the Town of Pelham before the by-law is passed, the person or public body is not entitled to appeal the decision.

If a person or public body does not make oral submissions at a public meeting, or make written submissions to the Town of Pelham before the by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so.

Dated at the Town of Pelham, this 23nd day of January, 2026.
__________________________
Sarah Leach
Acting Town Clerk
Date of Publication: January 23, 2026

View the full notice as a PDF

 

Hybrid Public Meeting Procedures

The Town of Pelham is holding hybrid Public Meetings. A hybrid meeting involves a mixture of in-person and remote attendance/participation.

Notice of Public Meeting

A Notice of Public Meeting will be mailed to all persons listed as owners in the last revised assessment roll number within 120 meters of the subject property. The Public Meeting Notice can also be found at the Town of Pelham website for all applications being heard by electronic meetings: www.pelham.ca/public-notices

View the Meeting

The Public Meeting can be viewed by livestream on the Town’s YouTube Channel at https://www.youtube.com/user/TownOfPelham/live. The link will go live at the date and time prescribed on the Notice of Public Meeting. A recording of the meeting is also available on YouTube and the Town of Pelham website following the meeting.
Attendees are also welcomed to view the meeting in-person at the date, time and location prescribed on the Notice of Public Meeting.

Written Comments

Written comments are encouraged as the preferred method of receiving public input. Please provide written input by mailing or e-mailing your comments to the Town Clerk by the date identified on the Notice of Public Meeting. You may also drop off written comments at Town Hall directly to the Clerk’s Office or in the drop box. Written submissions may also be delivered in person to the Clerk’s Office at Town Hall or deposited in the municipal drop box. Unless otherwise noted, all written submissions and any personal information contained therein form part of the public record and may be disclosed publicly. Individuals are encouraged to review the Town’s Council Correspondence Policy for further information regarding the submission, handling, and public disclosure of correspondence.

Verbal Submissions – Remote Participation

Members of the public wishing to provide verbal comments remotely to the Town of Pelham during the public portion of the meeting are required to pre-register with the Town Clerk by telephone or email no later than the deadline identified in the Notice of Public Meeting.
Pre-registered participants will be provided with a Zoom link and password in advance of the meeting. Access details are intended for registered participants only and must not be shared. Zoom test meetings are available upon request; participants are encouraged to advise the Town Clerk of any technical or accessibility requirements at the time of registration.

Verbal Submissions – In-person Participation

Members of the public wishing to provide verbal comments during the public portion of the Public Meeting may attend in person at the date, time, and location identified in the Notice of Public Meeting. In-person participants who intend to speak are encouraged to pre-register with the Town Clerk by telephone or email to assist with the preparation of a speakers list. While pre-registration is preferred, it is not a requirement in order to speak at the meeting.
Please note that all verbal submissions, regardless of the method of participation, are live-streamed and recorded.

More Information

For more information, please contact:

Town Clerk, 20 Pelham Town Square, P.O. Box 400, Fonthill ON L0S 1E0 905-980-6657 sleach@pelham.ca

Deputy Clerk, 20 Pelham Town Square, P.O. Box 400, Fonthill ON L0S 1E0 905-980-6662 jconte@pelham.ca

For technical questions, please contact:
Lindsay Richardson, Planner 905-980-6666 lrichardson@pelham.ca

Participant Process During Meetings

  • Participants are encouraged to join the meeting 15 minutes in advance of the start time for the Public Meeting.
  • Each participant will be provided a maximum of ten (10) minutes to speak and will be afforded one opportunity to address Council during the Public Meeting.
  • Vulgar or offensive language/comments will not be tolerated. If inappropriate language is used, you will be removed from the meeting.
  • Participants joining remotely are responsible for ensuring their background is free from offensive or vulgar material. If inappropriate material is visible you will be removed from the meeting.
  • Participants will remain in the waiting room until they are called to speak. Participants will be able to hear and see the meeting while in the waiting room.
  • Once your comments have been heard, you will be placed back into the waiting room where you may continue to view the meeting.

Technical Difficulties During Hearings

  • Beyond the available Zoom test session, Town staff will not provide technical assistance for participants before or during hearings.
  • If a participant’s connection to the meeting fails during the hearing, Town Staff will attempt to make reasonable efforts to re-establish connection. If the connection cannot be re-established, the comments received up to that point will be included as part of the official record and the meeting will continue.
  • If a participant is not present in the Zoom Webinar when called upon by the Chair, the participant will be considered absent and the meeting will continue without the participant.
  • If, in the Chair’s opinion, a participant’s audio/video is not of an acceptable quality, the Chair may require the participant to use the dial-in option.

View the full meeting procedures as a PDF

View the full council report here

 

Initiated Zoning By-law Amendment for Additional Residential Units
Council received report 2025-0262 “Initiated Zoning By-law Amendment for Additional Residential Units,” for information and directed Community Planning & Development staff to proceed with a Zoning Bylaw Amendment for Additional Residential Units. During the 2025 Town of Pelham Housekeeping Zoning By-law Amendment project, it was clearly identified by numerous community residents that the provisions of ARU/SDUs required further review and consultation. The Council-Initiated ARU Zoning By-law Amendment is proposed to proceed in Q1 of 2026. A public consultation Open House is tentatively scheduled for January 22, 2026, at the Meridian Community Centre, and a Public Meeting under the Planning Act is suggested for February 11, 2026, in Council Chambers. www.pelham.ca/aruzoning 

PUBLIC FACILITATION SESSION 

Town of Pelham Additional Residential Unit (ARU) Zoning By-law Amendment 

Date: Thursday, January 22, 2026

  • Session 1: 3:30 pm to 5:00 pm
  • Session 2: 6:00 pm to 7:30 pm

Place: Kinsmen Community Room, Meridian Community Centre, 100 Meridian Way, Fonthill, ON L0S 1E6 

The Town of Pelham is initiating a Zoning By-law Amendment to update its current regulations with respect to Additional Residential Units (ARUs) within the Town.   

The Province of Ontario is actively working toward creating 1.5 million homes by 2031.  This plan is part of a broader strategy to address the housing supply crisis in Ontario and improve the quality of life for residents. The Province has introduced various pieces of legislation since 2019, which collectively aim to remove barriers to the construction of attainable and affordable new homes in Ontario.  

 The Town has had ARU regulations in place since 2021, with the most recent regulations approved through the new Comprehensive Zoning By-law, adopted in August of 2022.  Ontario's Bill 23, also known as the "More Homes Built Faster Act”, received Royal Assent and became law on November 28, 2022, enacting major changes to housing and land use planning.  Bill 23 included an updated policy on as-of-right permissions for ARUs on single-family, semi-detached, and townhouse lots, eliminating the need for zoning changes.  These can be developed as internal units to the primary dwelling or a detached structure.  

Staff will be reviewing the current regulations with respect to:

  • Updated definition of ARU to conform with provincial policy;
  • Consolidation of Floor Area, Floor Area Dwelling Unit, Floor Area, Gross and Habitable Room definitions into one definition of Gross Floor Area;
  • Number of ARU Units per lot; and
  • Maximum unit size.

Staff will also be considering additional regulations with respect to: 

  • Minimum Landscape / Open Space;
  • Percentage of ARU size in relation to the Primary Dwelling; and
  • Other regulations as applicable.

Residents are invited to attend these facilitated engagement sessions. 

Each session will begin with a detailed presentation from Planning Staff, followed by a general Q&A.  A facilitated round table discussion will take place after the presentation.   

To follow along with this process, visit the Town of Pelham Website for updates at www.pelham.ca/aruzoning 

Comments may be provided verbally and/or as a written submission.  Written comments should be submitted prior to February 22, 2026, to be included in the planning report by regular mail or email to the:

Policy Planner, Town of Pelham 

20 Pelham Town Square, P.O. Box 400, Fonthill, Ontario L0S 1E0

Email: lrichardson@pelham.ca 

A statutory public meeting under Section 34 of the Planning Act is to be held on Wednesday, February 11, 2026, to present information and receive further public comments and feedback.   

Notice of the statutory public meeting will be provided separately. 

 

An Additional Residential Unit (ARU) is a separate and self-contained residential unit that is located on the same property as a primary home. In Pelham, they are permitted on lots containing a single detached, semi-detached or townhouse dwelling. ARUs must contain a kitchen, bathroom, sleeping area, and separate entrance. Known by many names, ARUs can also be referred to as second dwelling units, basement apartments, attached suites, tiny homes, coach houses, granny flats, and more.

There are several ways Additional Residential Units (ARUs) can be implemented, including within the primary building or as a detached structure. Some examples of ARUs can include basement units, upper-level or attic units, main-level additions, garage conversions, or units within a detached structure.

 

Like the rest of the Niagara Region, Pelham is growing. The Town’s population is expected to rise to 29,000 by 2051. Additional Residential Units (ARUs) are an essential tool for managing this growth in a way that benefits the community and residents of Pelham.

 

Financial Benefits:

  • ARUs can provide additional income for homeowners by collecting rent.
  • ARUs can reduce individual housing costs for multi-generation families that can pool their resources and live together but still have dedicated and separate living spaces. 
  • ARUs can increase the resale value of a property.
  • Greater housing availability contributes to the economic wellbeing of local communities and industries by helping to attract and retain skilled workers.

Community Benefits:

  • ARUs provide a solution to the need for modest-sized, rental housing for households such as young or elderly adults.
  • ARUs provide people with more housing options as the needs of their family change over time. It helps to ensure that people have access to the right housing for their life circumstance. 
  • ARUs help preserve and increase neighbourhood vitality. They create space to welcome new residents, while giving long-time residents options for downsizing within the community.

 

Environmental Benefits:

  • ARUs are often smaller in size than other dwelling types and use existing services and residential land. They tend to be more energy and resource efficient, minimizing the environmental footprint of new housing creation. 
  • ARUs focus housing in areas with existing development, reducing the need for sprawl that encroaches on agricultural land.

NOTICE OF THE PASSING OF ZONING BY-LAW AMENDMENT

Additional Residential Units
(File No. AM-01-2026)

TAKE NOTICE that the Council of the Corporation of the Town of Pelham passed By-Law No. 19-2026 on April 8, 2026, being a by-law which amends Zoning By-law No. 4481 (2022), as amended, under Section 34 of the Planning Act, R.S.O. 1990, as amended.

It should be noted that appeal rights for this proposed amendment may be limited under the Planning Act.

Procedure for Filing an Appeal: The Planning Act, R.S.O. 1990, Section 34(19), as amended states that an appeal may be filed by the applicant, the Minister of Municipal Affairs and Housing, a “specified person” and/or any “public body” (as defined by the Planning Act, Section 1(1)) within twenty (20) days of the making of the decision.

Appeals are to be submitted through the Ontario Land Tribunal (OLT) e-file portal. Public users can access the portal at the following link: https://olt.gov.on.ca/e-file-for-public-users/ If the e-file portal is down, please file the appeal with the Clerk’s Office using the following email address: clerks@pelham.ca

The prescribed fee for filing a zoning by-law amendment appeal with the OLT is $400.00 for a private citizen, a registered charity or a non-profit ratepayers’ association and $1,100 for a corporation. Payment can be made through the e-file portal using Visa, Visa Debit, MasterCard, or MasterCard Debit. Alternatively, a cheque, including the Appeal ID number(s), can be submitted to the Minister of Finance. All appeals must be submitted through the e-file portal by the deadline indicated in the Notice of Decision.

The last day for filing an appeal of this decision to the Ontario Land Tribunal is Monday, May 4, 2026, by 4:30 p.m.

Planning staff’s recommendation report was presented to Council on March 25, 2026. The report can be found online at https://event.pelham.ca/meetings/Detail/2026-03-25-0900-Town-of-Pelham-Regular-Council-Meeting

The explanation of the purpose and effect of the by-law is attached. The complete by-law is available for public review by request via email or at the Town of Pelham Municipal Office, Community Planning & Development Department, located at 20 Pelham Town Square, Fonthill, between the hours of 8:30 am and 4:30 pm.

DATED at the Town of Pelham, this 13th day of April, 2026.
SARAH LEACH – ACTING TOWN CLERK
THE CORPORATION OF THE TOWN OF PELHAM
P. O. BOX 400, 20 PELHAM TOWN SQUARE
FONTHILL, ON L0S 1E0

EXPLANATION OF THE PURPOSE AND EFFECT OF ZONING BY-LAW AMENDMENT (BY-LAW NO. 19 (2026))
ZONING BY-LAW AMENDMENT - BY-LAW 19-2026 is a By-law to amend Zoning By-law 4481(2022), as amended, to regulate the use of land, buildings and structures within the Town to update provisions that regulate Additional Residential Units (ARUs) within the Town of Pelham.
The Town of Pelham initiated a Zoning By-law Amendment to update its regulations regarding ARUs within the Town, which were previously approved as part of the Comprehensive Zoning By-law in August 2022.
Since that time, new Provincial legislation has been introduced or amended regarding ARUs. Staff reviewed all current relevant regulations under Sections 2 and 3.29, as well as appropriate Provincial legislation and policies. The approved By-law makes changes to the following:

Section 2: Definitions
• Ensuring the definition for ARUs is consistent with provincial policy
• New definitions for detached ancillary structure, detached garage, parcel or parcel of land, primary dwelling and gross floor area (ARU) for clarification

Section 3.29: Additional Residential Units
3.29.1 Settlement Area
Amendments to the current regulations to improve clarity and maintain consistency with provincial policy and the Planning Act, including:
• Reduction in the total number of ARUs permitted on a parcel of l and from the current 3 to 2;
• Increase in the maximum gross floor area, inclusion of percentage of primary dwelling;
• Clarification that only one ARU may be located in an ancillary structure;
• Requirement for minimum setback for an ancillary structure with an ARU to the primary dwelling; and
• Minimum landscape requirements

3.29.2 Rural Area (Agriculture and Rural Residential Zones)
Amendments to the current regulations to improve clarity and maintain consistency with provincial policy, and the Provincial Planning Statement, including:
• Reduction in the number of ARUs to 2 to ensure compliance with the PPS;
• Increase in the maximum floor area, inclusion of percentage of primary dwelling and permission for the entire basement to be considered for an ARU, regardless of size;
• Clarification that only one ARU may be located in an ancillary structure;
• Requirement for minimum setback for an ancillary structure with an ARU to the primary dwelling;
• Minimum landscape requirements; and
• Clarification for private servicing (septic and water) requirements

3.29.3 Greenbelt Area
Amendments to the current regulations to improve clarity and maintain consistency with the provincial policy and the Greenbelt Plan, including:
• Reduction in the number of ARUs to 1 to ensure compliance with the Greenbelt Plan;
• Increase in the maximum floor area, inclusion of percentage of primary dwelling and permission for the entire basement to be considered for an ARU, regardless of size;
• Clarification that only one ARU may be located in an ancillary structure that has existed since July 1, 2017;
• Requirement for minimum setback for an ancillary structure with an ARU to the primary dwelling;
• Minimum landscape requirements;
• Clarification for private servicing (septic and water) requirements; and
• Clarification that ARUs are not permitted in the Greenbelt Natural Heritage System

3.29.4 Commercial Zones
This section was
deleted in its entirety; regulations would be captured under proposed Section 3.29.1.

Sign up to receive Town of Pelham news and alerts

Stay up to date on the Town's activities, events, programs and operations by subscribing to our eNewsletters.