Sherbrooke officials hold consultation meeting in Lennoxville on proposed new construction bylaws

By William Crooks

Local Journalism Initiative

Officials from the city of Sherbrooke held a public consultation meeting April 30 at Lennoxville’s Town Hall to discuss several proposed by-laws concerning the city’s zoning and construction codes. City Councillor and Borough President Claude Charron presided over the meeting with a few members of the public in attendance.

Charron explained the purpose of the new rules in his own words during the meeting. He called the process “soft densification,” where the city’s officials are encouraging the practice of adding additional dwellings to single-family or semi-detached properties.

He emphasized that this approach, which involves minor additions or modifications, contrasts with “hard game” densification, which could involve building larger structures that might affect the landscape and other aspects of the environment.

The idea behind soft densification is that it can support multi-generational living or provide housing for students. The city has aligned its laws to facilitate such modifications, whereas previously one would have needed to apply for a permit to make these changes. The overarching goal is to encourage this type of gradual and gentle increase in housing density.

Among the bylaws discussed were amendments to the zoning and subdivision by-law, which would allow the construction of additional attached or detached dwelling units for secondary use in single-family or two-family dwellings.

Another item proposed integrating the National Building Code of Canada 2015 into Sherbrooke’s construction by-law. Further discussion centered on requiring fire separation for secondary use detached dwelling units and amending conditional use by-laws to cover additional dwelling units and expansions.

The following is a summary and selection of the voluminous proposed technical changes to Sherbrooke’s municipal regulations, which will go into effect, unless appealed, within the next few months:

Bylaw 1200-222: Zoning and Subdivision Regulations

1. Definition of Principal Residence:

   – A principal residence is defined as a residence where a person primarily resides, centralizing their family and social activities.

   – This definition was added to respond to public consultation feedback.

   – Requirement: The residence must be the principal residence of one of the persons living in the dwelling.

   – The definition is aligned with the Quebec Tourism Accommodation Act.

2. Main Buildings and Detached Units:

   – The city has a limit of one principal building per plot.

   – Exception: Allows an additional detached dwelling unit alongside the main residence. This applies to additional detached units located in the backyard.

3. Building Dimensions:

   – Minimum Area: For main buildings, the minimum area was 45 square meters, with a minimum frontage of 7.3 meters. This requirement is removed for additional detached units.

   – Maximum Area: The maximum area for an additional detached unit is 70 square meters.

   – Maximum Height: The height of the additional detached unit should not exceed that of the main dwelling.

4. Building Accessories:

   – The total number of accessory buildings on a lot is limited to two.

   – A person cannot have two accessory buildings, such as two garages, and then add a third building as a detached dwelling.

   – For example, one garage and one detached additional dwelling are permissible.

5. Parking Regulations:

   – For complementary dwellings, integrated and detached additional units, no specific minimum parking space is required.

   – The number of parking spaces will be evaluated under conditional use regulations to satisfy the residents’ needs.

   – The evaluation will be conducted by the Planning Advisory Committee and the municipal council.

6. Additional Regulations for Detached Units:

   – Location: The additional detached dwelling must be located on the same lot as the principal residence. No cadastral operation can dissociate the two buildings.

   – Occupancy: One of the dwellings must be occupied by a person for whom the dwelling is the principal residence. The lot must have a minimum area of 450 square meters.

   – Foundation: The building must be constructed on a foundation that conforms to the building code.

   – Balconies: Only one balcony, with a maximum area of 5 square meters, is allowed on certain facades.

   – Utilities: A single water and sewer connection must serve both the main and additional dwellings.

   – Privacy: Landscaping or fencing should preserve the neighbors’ privacy.

   – Shared Spaces: The shared amenities, such as swings or pools, are encouraged to be used by all occupants.

   – Floor Area: The floor area of the additional dwelling must not exceed 35 percent of the total floor area of the main building, including the basement but excluding the garage.

7. Procedural Steps:

   – June 4th: Planned adoption.

   – June 4th – July 4th: Period for appeals to the Commission Municipale du Québec on conformity with the urban planning scheme.

   – July 6th: Expected enforcement date.

 Bylaw 1201-4: Construction regulations

1. Fire Separation Requirements:

   – Introduces fire separation requirements for detached additional units.

   – Separation: At least 45 minutes of fire resistance is required between a garage and an additional dwelling.

2. Procedural Steps: same as above.

Bylaws 1206-2 and 1201-3: Conditional use regulations

1. Overview:

   – Updates building regulations and aligns with the 2015 Building Code.

   – Alternative Solutions: Allows for alternative measures if they meet safety standards, approved by professionals.

2. Regulation of Conditional Uses:

   – Applies to detached additional units, integrated additional units requiring an extension, and complementary units requiring an extension.

   – The evaluation of conditional use requests follows a defined process, including examination by the Planning Advisory Committee and the municipal council.

   – Criteria for Evaluation:

     – Compatibility with surrounding uses.

     – Minimal impact in terms of nuisances like light and noise.

     – Harmonious integration with the built environment.

     – Preservation of trees and vegetation.

     – Adequate parking for the residents’ needs.

3. Solution of Last Resort:

   – If compliance with the building code is impossible, the city may accept an alternative solution if approved by an engineer or architect.

   – The alternative solution must maintain the safety of occupants and the building.

   – An advisory committee evaluates the proposed alternative measures.

4. Procedural Steps: same as above.