Residential Housing Alternatives

1.1 Provincial laws

Planning Act

• gives municipalities the authority to pass zoning by-laws
• requires that by-laws cannot distinguish between persons who are related and those who are unrelated

Municipal Act

• gives municipalities the authority to pass by-laws for:
  • registration of two-unit houses (apartments in houses)
  • licensing certain activities, premises, and businesses
• defines a residential unit

Fire Protection and Prevention Act

• provides for the fire safety of all existing premises
• creates a province-wide Ontario Fire Code, which includes retrofit requirements:
  • 9.3 Boarding, lodging, and rooming houses
  • 9.4 Health care homes
  • 9.5 Low-rise multi-residential buildings
  • 9.6 High-rise multi-residential buildings
  • 9.8 Two-unit residential buildings

Building Code Act

• provides for construction, alteration, and change of use of buildings
• creates a province-wide Ontario Building Code which regulates:
  • construction or creation of new dwellings or uses
  • modifications to existing buildings

1.2 Municipal laws

Zoning by-laws

• specifies uses permitted on lands, properties, and in buildings
• defines different types of dwellings and residential buildings
• R1, R2, R3, RR1, and RR2 zones permit a single-detached dwelling only
• RM1, RM2, RM3, RM4, and RA zones permit a single-detached dwelling and other types of multiple residential dwellings and uses as described (refer to the provisions of the zone)
• critical for the property owner to determine the zoning before permitting or proposing land or building use on the property
• refer to the City’s Zoning by-law brochure for further information

2.1 Basic dwelling unit definition

The Municipal Act and Zoning by-law definition for a residential unit or dwelling unit include the following characteristics:

• Contains kitchen and bathroom facilities that are used only by the occupants of the unit.
• Is used as a single housekeeping unit, in which no occupant has exclusive possession of any part of the unit.
• Has a private entrance from outside the building or from a common area inside; has a means of egress, which may be through another unit.

2.2 Types of residential dwellings

Below are the traditional residential dwellings, typically permitted in residential zones only.

Single-detached dwelling

A separate residential building containing only one dwelling unit; for example, a house.

Semi-detached dwelling

The whole of a building is divided vertically into two single dwelling units by a solid common wall extending throughout the entire structure and from the base of the foundation to the highest point of the roof line, with each unit having an independent entrance directly from the outside.

Townhouse

A building is divided vertically into not less than four and not more than eight attached, non-communicating dwelling units.

Street townhouse

A townhouse with each dwelling unit on a separate lot with frontage on a street.

Duplex

The whole of a building is divided horizontally into two separate dwelling units, each of which has an independent entrance and meets the minimum (above grade) floor area requirement.

Triplex

The whole of a building is divided into three separate dwelling units, each of which has an independent entrance, either directly from outside or through a common vestibule.

Fourplex

The whole of a building is divided into four separate dwelling units, each of which has an independent entrance, either directly from outside or through a common vestibule, but does not include a townhouse or street townhouse.

Apartment building

The whole of a building containing five or more dwelling units and which has a single common entrance.

The uses listed below are other types of residential accommodations for gain or to provide care. These uses are very restricted as to location and are only permitted in certain zones such as RM, C, and RZ, as specified. Refer to the zone provisions to determine if the particular use is permitted.

Boarding/lodging house

A boarding or lodging house is defined in the Zoning by-law as a dwelling in which the proprietor supplies, for gain lodging, with or without meals, to more than three persons but does not include a group home, hotel, hospital, nursing home, or other establishment otherwise classified or defined in this by-law.

Boarding, lodging, and rooming houses are regulated in the Ontario Fire Code as houses and private rest homes in which residents do not require care or treatment because of age, mental, or physical limitations where:

• The building height does not exceed three storeys, and the building area does not exceed 600 square metres.
• Lodging is provided for more than three persons in return for remuneration or the provision of services, or both.
• Lodging rooms do not have both bathroom and kitchen facilities for the exclusive use of individual occupants.

Bed and breakfast

A bed and breakfast is permitted in a single-detached dwelling occupied by the owner and used incidentally for commercial purposes to provide overnight accommodation and meals to the travelling and vacationing public but does not include a boarding or lodging house, hotel, hostel, group home, or other establishments otherwise classified or defined in this by-law.

Group home

A group home is defined in the Zoning by-law as a dwelling unit in a residential zone in which three to six residents, who require specialized, personal care, live under responsible supervision.

A group home is not defined in the Ontario Fire Code, but the Code regulates most types of care facilities under Section 9.4 or 9.3. As well, there are Fire Code exemptions for residential occupancies regulated under the Ministry of Community and Social Services.

Dormitory

A student dormitory is not defined in the Zoning by-law but is permitted only on lands owned by a college or other premises exempt by the Zoning by-law.

Other uses not specifically defined or permitted

Other residential-type uses, such as hostels, hospices, shelters, halfway houses, seasonal camps, etc., may or may not be permitted depending on the exact nature of the use and the zone in which it is proposed. Please consult with City staff for more information.

These are special cases, with the first one permitted by the City, and the second and third by the province.

4.1 Boarders

Nothing in any of the laws above can prevent the keeping of not more than two roomers or boarders in any single-detached dwelling, semi-detached dwelling, triplex, fourplex, or townhouse. On the east side of the new canal, the provision is similar but worded somewhat differently.

In this instance, the boarders cannot have a separate dwelling unit and must live within the confines of the existing single dwelling unit. This implies renting a sleeping room only.

4.2 Two-unit houses

Notwithstanding any existing City Zoning by-law in Ontario, the province has amended the Planning Act as follows:

• No City can prohibit a second dwelling unit in any detached house, semi-detached house, or townhouse in an area where residential use is permitted provided the second unit existed on November 16, 1995, and further provided the unit complies with the reduced planning standards set out in O.Reg. 384/94.

The original legislation permitting apartments in houses has been repealed, and only those second units existing at the time of repeal can be considered for grandfathering. The owner of such a premises must be able to confirm the second unit existed on November 16, 1995. Assessment, public utility, and City records often have no evidence of the existence of such units.

Other regulations which may restrict the second unit are the Ontario Fire Code Section 9.8 and the City Property Standards by-law.

Refer to the City’s apartments in houses brochure for further information.

4.3 One dwelling unit

Notwithstanding any existing City Zoning by-law in Ontario, the province has amended the Planning Act as follows:

• No City can pass a Zoning by-law for land use that has the effect of distinguishing between persons who are related and persons who are unrelated in respect of the use or occupancy of a building or structure, or part of a building or structure, including the occupancy or use as a single housekeeping unit.

This amendment resulted from changes in the traditional family whereby it became impossible to restrict previous single-family zones to persons who were related without promoting discrimination. The change necessitated the concept of a single-detached dwelling and a single dwelling unit.

Unrelated persons can live together in a single-detached dwelling or in one dwelling unit, provided the manner in which the building is used complies with the definition of a dwelling unit previously described. A key feature is using the unit as a single housekeeping unit in which no occupant has exclusive possession of any part of the unit. This clearly implies a group-sharing arrangement where no rooms are locked, and everyone has equal access to all areas. Bathrooms and kitchens are shared as in a traditional family. A proprietor usually cannot live on the premises, exercising control over tenants, and the unit still is considered a single dwelling.

Rental housing may or may not qualify depending on the circumstances of the particular property. Therefore, anyone considering constructing, converting, or using a single-detached house or single dwelling unit for rental housing should contact the City and seek independent legal advice.