PART V LAND USE CONTROLS AND RELATED ADMINISTRATION
Restrictions for residential units
35.1 (1) The authority to pass a by-law under section 34 does not include the authority to pass a by-law that prohibits the use of, (a) two residential units in a detached house, semi-detached house or rowhouse on a parcel of urban residential land, if all buildings and structures ancillary to the detached house, semi-detached house or rowhouse cumulatively contain no more than one residential unit; (b) three residential units in a detached house, semi-detached house or rowhouse on a parcel of urban residential land, if no building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units; or (c) one residential unit in a building or structure ancillary to a detached house, semi-detached house or rowhouse on a parcel of urban residential land, if the detached house, semi-detached house or rowhouse contains no more than two residential units and no other building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units. 2022, c. 21, Sched. 9, s. 9. Same, parking (1.1) The authority to pass a by-law under section 34 does not include the authority to pass a by-law requiring more than one parking space to be provided and maintained in connection with a residential unit referred to in subsection (1) other than the primary residential unit. 2022, c. 21, Sched. 9, s. 9; 2023, c. 10, Sched. 6, s. 7. Same, minimum area (1.2) The authority to pass a by-law under section 34 does not include the authority to pass a by-law that regulates the minimum floor area of a residential unit referred to in subsection (1) of this section. 2022, c. 21, Sched. 9, s. 9. Provisions of no effect (1.3) A provision of a by-law passed under section 34 or an order made under subsection 34.1 (9) or clause 47 (1) (a) is of no effect to the extent that it contravenes a restriction described in subsection (1), (1.1) or (1.2) of this section. 2022, c. 21, Sched. 9, s. 9. Regulations (2) The Minister may make regulations establishing requirements and standards with respect to, (a) a second residential unit in a detached house, semi-detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if all buildings and structures ancillary to the detached house, semi-detached house or rowhouse cumulatively contain no more than one residential unit; (b) a third residential unit in a detached house, semi-detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if no building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units; or (c) a residential unit in a building or structure ancillary to a detached house, semi-detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if the detached house, semi-detached house or rowhouse contains no more than two residential units and no other building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units. 2022, c. 21, Sched. 9, s. 9. Regulation applies as zoning by-law (3) A regulation under subsection (2) applies as though it is a by-law passed under section 34.  2011, c. 6, Sched. 2, s. 6. Regulation prevails (4) A regulation under subsection (2) prevails over a by-law passed under section 34 to the extent of any inconsistency, unless the regulation provides otherwise.  2011, c. 6, Sched. 2, s. 6. Exception (5) A regulation under subsection (2) may provide that a by-law passed under section 34 prevails over the regulation.  2011, c. 6, Sched. 2, s. 6. Regulation may be general or particular (6) A regulation under subsection (2) may be general or particular in its application and may be restricted to those municipalities or parts of municipalities set out in the regulation.  2011, c. 6, Sched. 2, s. 6. Section Amendments with date in force (d/m/y) 2011, c. 6, Sched. 2, s. 6 - 01/01/2012 2022, c. 21, Sched. 9, s. 9 - 28/11/2022 2023, c. 10, Sched. 6, s. 7 - 08/06/2023