Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: May 29, 2026

CASE NO(S).: OLT-26-000140

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Craig Larmour

Subject: By-law No. 01-2026

Description: To regulate the use of land, buildings and structures within the Town to update provisions based on an administrative review (Housekeeping)

Reference Number: AM-04-2025

Property Address: Fonthill, ON

Municipality/UT: Pelham/Niagara

OLT Case No.: OLT-26-000140

OLT Lead Case No.: OLT-26-000140

OLT Case Name: Craig Larmour v. Pelham (Town)

Heard: May 27, 2026 by video hearing

APPEARANCES:

Parties

Craig Larmour Town of Pelham

Counsel/Representative*

Self-represented* Jennifer Stirton

MEMORANDUM OF ORAL DECISION DELIVERED BY DAVID BROWN ON MAY 27, 2026 AND ORDER OF THE TRIBUNAL

Link to Order

INTRODUCTION AND BACKGROUND

1The matter before the Tribunal concerns an appeal filed by Craig Larmour (“Appellant”) pursuant to s. 34(19) of the Planning Act, R.S.O. 1990 c. P. 13, as amended, (“Planning Act”) against the approval By-law No. 01-2026 (“Housekeeping By-law”) by the Town of Pelham (“Town”). The Housekeeping By-law contained a series of amendments for the purpose of addressing updates, minor corrections, and administrative changes for clarification to the Town’s Zoning By-law No. 4481(2022) (“Zoning By-law”).

2The Appellant, having participated in the consultation process for the Housekeeping By-law and having made submissions at the Statutory Public Meeting, identified a number of concerns and issues with the Housekeeping By-law and filed an appeal.

3Pursuant to Rule 19 of the Tribunal’s Rules of Practice and Procedure the parties were directed to participate in a Case Management Conference (“CMC”) to identify the issues surrounding the appeal, determine if there are other interested persons, and schedule a hearing to consider the merits of the appeal.

4Prior to the CMC, the Parties advised the Tribunal that they have negotiated a Settlement of all the issues identified in the appeal save and except one. The Parties requested that the Tribunal consider the Settlement at the CMC and approve those parts of the Housekeeping By-law that are no longer at issue. Further, the Parties requested the Tribunal to schedule a hearing to consider the merits of the appeal with respect to the remaining issue.

5An Affidavit of Service sworn on May 4, 2026 was filed with the Tribunal (Exhibit 1) confirming that notice of the CMC was served in the manner directed by the Tribunal.

SETTLEMENT

6Lindsay Richardson, a Registered Professional Planner and a Policy Planner with the Town, reviewed the revisions to the Housekeeping By-law that formed the basis of the Settlement as agreed upon between the Town and the Appellant. A red-lined version of the Housekeeping By-law detailing the revisions was filed with the Tribunal as Exhibit 2.

7Ms. Richardson undertook a detailed analysis of each revision recommended to the Housekeeping By-law describing the revisions as either administrative in nature, modernizing terminology, removing outdated references, or removing redundancies within the Zoning By-law or between the Zoning By-law and the Ontario Building Code other municipal by-laws.

8Ms. Richardson opined that the revisions recommended in the revised Housekeeping By-law conform with the Town Official Plan and represent good planning.

9Ms. Richardson recommended that the Tribunal allow the appeal in part and approve the revised Housekeeping By-law as set out in Tribunal Exhibit 3, save and except the amendment described in Section F. a) which amends Section 8.1 of the Zoning By-law with the addition of subsection 8.1.7.

10The Appellant advised that the revisions described by the Town’s Planner represent the terms of the Settlement as agreed upon with the Town.

11The Tribunal, having considered the uncontroverted opinion evidence provided by Ms. Richardson finds that the amendments proposed to the Zoning By-law set out in the revised Housekeeping By-law, save and except the amendment to Section 8.1 identified by the Parties, conforms with the Town of Pelham’s Official Plan (“OP”).

12The Tribunal finds that the revisions to the Housekeeping By-law are in the public interest and allows the appeal in part and approves the revised Housekeeping By-law as set out in Attachment 1 to this Decision, save and except for the amendment described in Section F. a) of the revised Housekeeping By-law which amends Section 8.1 of the Zoning By-law with the addition of Subsection 8.1.7.

CASE MANAGEMENT

13The Tribunal canvassed the Parties to set out their positions with respect to the remaining matter at issue.

14The Appellant explained that his issue with the proposed amendment to Section 8.1 of the Zoning By-law with the addition of Section 8.1.7 is not consistent with the Housing Policies contained in the Provincial Planning Statement, 2024 (“PPS”). He explained that the Zoning By-law provides for four distinct types of townhouse dwellings, and the proposed amendment only addresses two of the types. The proposed amendment will impact the amount of land required to support the development when the PPS specifically addresses the efficient use of land.

15Jennifer Stirton, Counsel to the Town, responded that the Town is proposing an amendment that will result in consistency amongst the provisions in the Zoning By-law applying to the development of townhouse dwellings whether in residential zones or commercial zones. Currently, the Town has determined that there is an inconsistency in the provisions affecting townhouse development requirements between commercial zones and residential zones.

16Both the Appellant and the Town indicated that they are open to continued discussions to find a resolution of the remaining matter at issue in this appeal.

17The Tribunal encouraged the Parties to continue negotiations and, with the consent of the Parties, scheduled a one-day hearing to consider the merits of the remaining matter at issue described above for Wednesday, September 9, 2026 at 10 a.m. by video hearing.

18Parties are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:

GoTo Meeting: https://global.gotomeeting.com/join/442599157

Access code: 442-599-157

19Parties are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html

20Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by calling in to an audio-only telephone line: +1 (647) 497-9391 or (Toll Free) 1-888-455-1389. The access code is: 442-599-157.

21Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the event to ensure that they are properly connected at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator.

22As of March 30, 2026, all hearing events are governed by the Tribunal’s Artificial Intelligence Practice Direction. This Practice Direction requires a party, participant, or witness to include a declaration within each submitted document if generative AI was used to create or generate content.

23Should the Parties settle the remaining matter, the Tribunal directed the Parties to advise the Tribunal as soon as possible and the Parties are encouraged to consider a hearing in writing for the consideration of the settlement so that the appropriate accommodation can be made to the Tribunal’s schedule.

24The Tribunal Member is not seized of this matter but may be available for assistance in case management subject to the Tribunal’s calendar.

25No further notice of these proceedings will be provided.

ORDER

26THE TRIBUNAL ORDERS that the appeal is allowed in part and By-law No. 01-2026 is approved in the amended form as set out in Attachment 1 to this Order, save and except the provision described at Section F. a) of By-law No. 01-2026 which proposes an amendment to Section 8.1 of the Town of Pelham Zoning By-law No. 4481(2022) by adding the following:

8.1.7 Zone Requirements for Townhouse Dwellings

Please refer to Section 6.4.3 or 6.4.4, depending on the type of Townhouse Dwelling.

which remains at issue in this appeal.

27AND THE TRIBUNAL ORDERS that pursuant to subsection 34(31) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, those portions of By-law No. 01-2026 which are not at issue in this appeal shall be deemed to have come into force on the date of passing of By-law No. 01-2026, namely, January 14, 2026.

28AND THE TRIBUNAL ORDERS that the approval of By-law No. 01-2026 as set out in paragraph [27] in this Order shall be without prejudice to and shall not have the effect of limiting any positions that the Appellant may advance with respect to the remaining matter at issue in this appeal as referenced above being that portion of Section F. a) of By-law No. 01-2026 respecting the addition of Section 8.1.7 to Section 8.1 of the Zoning By-law.

29AND THE TRIBUNAL ORDERS the case management directives set out in this Decision.

“David Brown”

DAVID BROWN MEMBER

Ontario Land Tribunal Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248

The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.

ATTACHMENT 1

The Corporation of the Town of Pelham

By-law No. 01-2026

Being a By-law to amend Zoning By-law 4481(2022), as amended, to Regulate the Use of Land, Buildings and Structures within the Town (Zoning By-law) to Update Provisions based on an Administrative Review (Housekeeping Amendments).

File No. AM-04-2025

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 sections of the Zoning By-law through a housekeeping amendment with respect to several minor corrections and administrative changes for clarification;

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

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

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

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

i. INDIVIDUAL ON-SITE SEWAGE SERVICES means sewage systems, as defined in O. Reg. 332/12 under the Building Code Act, 1992, that are owned, operated and managed by the owner of the property upon which the system is located.

(PPS, 2024)

ii. INDIVIDUAL ON-SITE WATER SERVICES means individual, autonomous water supply systems that are owned, operated and managed by the owner of the property upon which the system is located.

(PPS, 2024)

iii. PUBLIC SERVICE FACILITIES means land, buildings and structures, including but not limited to schools, hospitals and community recreation facilities, for the provision of programs and services provided or subsidized by a government or other body, such as social assistance, recreation, police and fire protection, health, childcare and educational programs, including elementary, secondary, post-secondary, long-term care services, and cultural services.

Public service facilities do not include infrastructure.

(PPS, 2024)

b) Delete and replace the following definitions:

i. Homes for Special Care definition be deleted and replaced with the following new definition:

ADDITIONAL NEEDS HOUSING means any housing, including dedicated facilities, in whole or in part, that is used by people who have specific needs beyond economic needs, including but not limited to, needs such as mobility requirements or support functions required for daily living.

Examples of additional needs housing may include, but are not limited to, long-term care homes, adaptable and accessible housing, and housing for persons with disabilities such as physical, sensory or mental health disabilities, and housing for older persons.

(PPS, 2024)

ii. Second Dwelling Unit definition be deleted and replaced with the following new definition:

ADDITIONAL RESIDENTIAL UNIT (ARU) means a dwelling unit that is secondary to a single-detached, semi-detached or townhouse dwelling unit, and is maintained as a self-contained unit with kitchen, bathroom facilities and sleeping area(s), located within a primary dwelling or within an accessory structure that is detached from the primary dwelling.

iii. Agricultural Use definition be deleted and replaced with the following new definition:

AGRICULTURAL USES means the growing of crops, including nursery, biomass, and horticultural crops; raising of livestock; raising of other animals for food, fur or fibre, including poultry and fish; aquaculture; apiaries; agro-forestry; maple syrup production; and associated on-farm buildings and structures, including, but not limited to, livestock facilities, manure storage, value-retaining facilities, and housing for farm workers, when the size and nature of the operation requires additional employment.

(PPS, 2024)

iv. Agri-Tourism/Value-Added Use definition be deleted and replaced with the following new definition:

AGRI-TOURISM USES means those farm-related tourism uses, including limited accommodation such as a bed and breakfast, that promote the enjoyment, education, or activities related to the farm operation.

(PPS, 2024)

v. Height definition be deleted and replaced with the following new definition:

BUILDING HEIGHT or HEIGHT means, in the case of the building or structure on the lot, the vertical distance between the average finished grade along the front elevation and:

a) The mid-point of the eaves and the peak of a gable, hip, gambrel or mansard roof;

b) The highest point of a flat roof; and

c) the highest point of the roof surface for any other type of roof.

vi. Driveway definition be deleted and replaced with the following new definition:

DRIVEWAY means a defined area providing access for motor vehicles from a public or private street or a lane to facilities such as a parking area, parking lot, loading space, private garage, building or structure, but does not include a parking aisle.

vii. Finished Grade definition be deleted and replaced with the following new definition:

FINISHED GRADE means the average elevation of the finished surface of the ground at the base of the outside walls of a building or structure. For a sloping lot, the grade shall be calculated as the average of the finished ground level at all corners of the building or structure.

viii. Floor Area, Gross Leasable, definition be deleted and replaced with the following new definition:

FLOOR AREA, LEASABLE means the aggregate area of all floors in a building measured from the centre line of the joint interior partitions and from the exteriors of outside walls and used or capable of being used for commercial purposes such as sales, display, storage and offices. Leasable floor area shall not include floor space used in common such as:

a) Parking areas;

b) Mechanical room, boiler room, maintenance room, or electrical or utility room;

c) Common hallways or stairways;

d) Elevators and associated equipment;

e) Washrooms;

f) Foyers, lobbies but not waiting areas/rooms; and

g) A storey having a height of 1.8m or less.

ix. Food Vehicle definition be deleted and replaced with the following new definition:

FOOD TRUCK means any motorized vehicle, trailer, cart, or other portable unit that is designed, equipped or used for the preparation, sale or distribution of food or beverages for immediate consumption. The term includes, but is not limited to:

a) mobile food trucks — self-contained motorized units equipped for food preparation and sales;

b) concession trailers — towable units without independent motive power; and

c) mobile food carts/kiosks — non-motorized movable units.

A food truck does not include a fixed building or other permanent structure used as a restaurant, café, or other fixed food service establishment.

x. Hoop House definition be deleted and replaced with the following new definition:

HOOP HOUSE means a temporary, ground-placed structure without a permanent foundation that is located on farmland, used for the seasonal protection of plants and plant material, and contains no space intended for residential occupancy.

For the purposes of this By-law, a hoop house shall not be included in the calculation of maximum coverage.

xi. Institutional definition be deleted and replaced with the following new definition:

INSTITUTIONAL USE means the use of land, buildings or structures for social, educational, childcare, health or religious purposes.

xii. Lot Coverage definition be deleted and replaced with the following new definition:

LOT COVERAGE means the percentage of the lot covered by all buildings and structures, excluding balconies, canopies and overhanging eaves which are two (2) metres or more in height above finished grade. For the purpose of this definition, a deck attached to a building greater than 0.6m above grade and a covered porch shall be considered in the calculation of lot coverage. Patios and in-ground pools shall not be included within the lot coverage calculation.

xiii. Pre-Fabricated Shipping Container definition be deleted and replaced with the following new definition:

PRE-FABRICATED SHIPPING CONTAINER means a standardized storage structure, or similar, which is typically used for intermodal freight transport.

xv. Setback definition be deleted and replaced with the following new definition:

SETBACK means the shortest distance from a building or structure to a lot line or an Environmental Protection Zone boundary.

xvi. Street Line definition be deleted and replaced with the following new definition:

STREET LINE means a lot line or a lot adjoining a street.

xvii. Vehicle Fuel Station definition be deleted and replaced with the following new definition:

VEHICLE FUEL STATION means the use of land, buildings or structures where automotive fuels and accessories are sold at retail, including electric vehicle charging stations, and may include a convenience store as an accessory use.

xviii. Yard; Yard, Front; Yard, Interior Side; Yard Rear definitions be deleted and replaced with the following new definition:

YARD means an area of land which is open, uncovered, unoccupied and is appurtenant to, and located on the same lot as a building, structure or excavation. In determining yard measurements, the minimum horizontal distance from the respective lot lines to the nearest part of the building shall be used.

a) Front Yard means a yard extending across the full width of a lot between the front lot line and the nearest part of any building or structure on such lot.

b) Rear Yard means a yard extending across the full width of a lot between the rear lot line or, where there is no rear lot line, the junction point of the side lot lines, and the nearest part of any building or structure on such lot.

c) Side Yard means a yard extending from the front yard to the rear yard between the side lot lines and the nearest part of any building or structure on such lot.

d) Exterior Side Yard means a side yard immediately adjoining a street or abutting a 0.3 meter reserve on the opposite side of which a street is located.

c) Delete the definition of “Hobby Farm”.

B. Amend Part 3: General Provisions of By-law 4481(2022) as follows:

a) Sections 3.2.1 (e) and 3.2.1 (f) be deleted.

b) Section 3.2.1 be renumbered accordingly.

c) Section 3.7 is amended by adding window wells as an additional encroachment into any yard, no more than 0.5m.

d) Section 3.8 is deleted and replaced with the following:

3.8 ESTABLISHED BUILDING LINE

Unless permitted under Section 3.20, Non-Conforming Uses:

a) Where existing development on either side of a middle lot has a legal non-conforming front yard setback or exterior side yard setback for the zone, the front yard setback for the main building on the middle lot may be reduced, provided all parking requirements are met, to either:

i) The average of the yard depth or width, as applicable, of the main building on each of the other two lots, if both are non-complying, or 3.0 metres, whichever is greater; or

ii) The average of the yards of the main building on the non-complying lot and the yard depth or width, as applicable, of the applicable zone if only one adjacent lot is non-complying, or 3.0 metres, whichever is greater.

b) Where the main building on the lots on either side of the middle lot has a setback greater than the minimum front yard setback for the zone, the required front yard setback of the main building on the middle lot shall be the average yards of the dwellings on the other two lots.

c) Where the existing front yard setback for a main building is less than the required front yard setback for the zone, an addition to the side of the building within an interior side yard may be extended into the required front yard to the extent of the legal non-conforming front yard, provided that the said addition complies with all other provisions of this by-law.

e) Section 3.9, Food Vehicles is deleted and replaced with the following:

3.9 FOOD TRUCKS

Food trucks are permitted in all Commercial Zones within the Town, and the following provisions shall apply:

a) A food truck shall operate in accordance with the regulations for the zone in which the food truck is located;

b) A food truck shall comply with the regulations of the Town’s licensing by-law;

c) The location of a food truck shall not diminish the minimum number of required off-street parking spaces for all of the uses situated on the lot and will not occupy a designated barrier-free parking space;

d) No portion of a food truck shall be located within a Fire Route designated in accordance with the Fire Code or a Town By-law, or within any daylighting triangle; and

e) Where required by the laws and regulations of the Province, Region of Niagara and Town of Pelham, approval shall be obtained from the appropriate Regional Public Health Department, the Technical Standards and Safety Authority, the Electrical Safety Authority and the Town of Pelham Fire Department in order to operate a food truck within the Town.

Notwithstanding any other provision of this By-Law, mobile refreshment carts may be permitted in public parks.

f) Section 3.11, Homes for Special Care is deleted and replaced with the following:

3.11 ADDITIONAL NEEDS HOUSING

a) Additional needs housing refers to supportive and specialized housing options for individuals with disabilities (developmental, psychiatric, physical), mental health challenges, or other needs who require assistance to maintain independent living;

b) Additional needs housing may be subject to Provincial approval and/or licensing may be required; and

c) Parking shall be provided in accordance with Section 4.

g) Section 3.28.1, Reconstruction, Replacement or Extension of Legal Non-Complying Buildings and Structures, is amended with the following:

d) The reconstruction or replacement of any building or structure must comply with the regulations of the Ontario Building Code and the Town of Pelham Development Charge By-law in terms of timelines for reconstruction or replacement.

h) Section 3.32.4 a) is deleted and remaining subsections are renumbered accordingly.

i) Section 3.34, Swimming Pools is amended by adding “A pool heater shall maintain a setback of 1.0m to any lot line.

j) Section 3.35, Temporary Uses, is amended by adding the following:

d) A tent, used on a temporary basis, that requires a building permit, is required to maintain a 3.0m minimum setback from all lot lines and is exempt from the lot coverage and height requirements of this Zoning By-law.

k) Section 3.36, Special Events, is added to the Zoning By-law with the following regulations:

a) A special event will be required to be in keeping with the Town’s Special Events By-law, as amended.

C. Amend Section 4: Parking and Loading Requirements of By-law 4481(2022) as follows:

a) Section 4.1.1 (a) is amended to:

Delete the parking requirements for hoop house use.

b) Section 4.1.2, Calculation of Required Parking, be amended to include the following:

d) Parking that is secured off-site can be included in the overall required parking calculation, provided that there is a legal agreement, registered on title, and the removal of spaces from the off-site location does not impede the required spaces from that location for the use.

c) Section 4.1.4.3, Driveways, be amended to include the following:

g) Properties that are being used for agricultural purposes are exempt from the requirements of Section 4.1.4.3.

d) Section 4.1.4.4 a) be deleted and replaced with the following:

a) In the Settlement Area, a parking area and the driveway(s) connecting the parking area with a street shall be constructed of asphalt, concrete, permeable paving or other Low Impact Development materials. The use of gravel is not permitted on a permanent basis.

D. Amend Section 5: Rural/Agricultural Zones of By-law 4481(2022) as follows:

a) Delete “Hobby farm” from list of permitted uses in the Agricultural Zone and list of permitted uses in the Specialty Agricultural Zone.

b) Section 5.1.1 Permitted Uses is amended to delete “Hobby farm” and remaining subsections are renumbered accordingly.

c) Section 5.1.2 Zone Requirements for Agriculture Use - “Minimum Lot Frontage” and “Minimum Lot Area” be deleted and replaced with:

Minimum Lot Frontage 180m

Minimum Lot Area 40ha

d) Section 5.1.2 Zone Requirements for Agriculture Use is amended to include the following requirements:

Livestock, Minimum Parcel Size Livestock shall be permitted to be kept in the Agricultural Zone (A) on parcels with a minimum lot area of two (2) hectares. A livestock facility shall comply with the requirements of the Ontario Nutrient Management Act and Minimum Distance Separation (MDS) formulae and guidelines developed by the province, as amended from time to time.

e) Section 5.1.6, the word “Hoop House” is removed from the title.

f) New Section 5.1.7, Zone Requirements for Hoop Houses, is added with the following regulations and the remainder of Section 5.1 is renumbered accordingly:

Section 5.1.7 Zone Requirements for a Hoop House

Minimum setback from any yard 3.0m

Maximum height 10.0m

A hoop house will not be considered as part of the overall lot coverage.

g) Section 5.2.1 Permitted Uses is amended to delete “Hobby farm” and remaining subsections are renumbered accordingly.

h) Section 5.2.2 Zone Requirements for Specialty Agriculture Uses - “Minimum Lot Frontage” and “Minimum Lot Area” be deleted and replaced with:

Minimum Lot Frontage 180m

Minimum Lot Area 40ha

i) Section 5.2.2 Zone Requirements for Specialty Agriculture Uses is amended to include the following requirements:

Livestock, Minimum Parcel Size Livestock shall be permitted to be kept in the Agricultural Zone (A) on parcels with a minimum lot area of two (2) hectares. A livestock facility shall comply with the requirements of the Ontario Nutrient Management Act and Minimum Distance Separation (MDS) formulae and guidelines developed by the province, as amended from time to time.

j) Section 5.2.6, the word “Hoop House” is removed from the title.

k) New Section 5.2.7, Zone Requirements for Hoop Houses, is added with the following regulations and the remainder of Section 5.2 is renumbered accordingly:

Section 5.2.7 Zone Requirements for a Hoop House

Minimum setback from any yard 3.0m

Maximum height 10.0m

A hoop house will not be considered as part of the overall lot coverage.

l) Section 5.2.13 a) is deleted and remaining subsections are renumbered accordingly.

E. Amend Section 6: Residential Zones of By-law 4481(2022) as follows:

a) Sections 6.1.2, 6.1.3, 6.2.2, 6.2.3, 6.2.4, 6.3.2, 6.3.3, 6.3.4, 6.4.2, 6.4.3, 6.4.4, 6.5.2 and 6.7.2, delete the maximum front yard setback requirement.

F. Amend Section 8: Commercial Zones of By-law 4481(2022) as follows:

a) Amend Section 8.1, Village Commercial to include the following:

8.1.6 Zone Requirements for Apartment Dwellings

Please refer to Section 6.5.2. For a landmark site, the height requirement for an apartment dwelling shall be in accordance with Section 8.1.4, Landmark Sites.

8.1.7 Zone Requirements for Townhouse Dwellings

Please refer to Section 6.4.3 or 6.4.4, depending on the type of Townhouse Dwelling.

b) Amend Section 8.4, Downtown Corridor to include the following:

8.4.2 Zone Requirements for Apartment Dwellings

Please refer to Section 6.5.2. For a landmark site, the height requirement for an apartment dwelling shall be in accordance with Section 8.4.3, Landmark Sites

H. Amend Section 9.2: Institutional Zone as follows:

a) That Section 9.2.1 (a), be amended by adding “only when built in conjunction with a permitted institutional use” after “Apartment dwellings”.

b) That Section 9.2.1 (c) ”Daycare centre”, (d) “Long-term care home”, (e) Municipal, government or public use” (f) “Place of worship” (h) “Retirement home”, and (i) “School”, be deleted and replaced with:

b) Additional needs housing

c) Institutional uses

e) Public service facilities

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 14th day of January, 2026.

___________________________ Marvin Junkin, Mayor

___________________________ Sarah Leach, Acting Town Clerk