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Draft Official Plan Amendments and Zoning By-law Amendments

to Permit Second Suites As-of-Right



The Planning and Transportation Committee, after considering the deputations and based on the findings of fact and recommendations contained in the report (June 14, 1999) from the Commissioner of Urban Planning and Development Service, recommends that:



(1) the report (June 24, 1999) from the Commissioner of Urban Planning and Development Services be adopted subject to deleting subsection (3) in Section E titled "Amendments to former City of Toronto General Zoning By-law No. 438-86" included in Appendix C of the report, as it inadvertently permits second suites only in R1 and R1S districts, and substituting in place the following:



"(3) amending qualification 1 in section 6(2) by inserting a new subparagraph (i) as follows:



"(i) in the case of a converted house originally constructed as a detached house, row house or a semi-detached house:



A. in an R1 or R1S district, the maximum number of dwelling units is two and one of the provisions set out in subparagraphs (ii) to (v) inclusive shall apply; and



B. in an R2, R3, R4 and R4A district, where two dwelling units are provided, none of the provisions set out in subparagraphs (ii) to (v) inclusive shall apply;"

and that no further notice is required as a result of this technical amendment;



(2) the report (June 14, 1999) from the Commissioner of Urban Planning and Development Services be adopted subject to the adoption of the report (June 24, 1999) from the Commissioner of Urban Planning and Development Services as amended by the Committee's foregoing Recommendation (1);



(3) the joint report (June 25, 1999) from the Commissioner of Urban Planning and Development Services and the Commissioner of Community and Neighbourhood Services respecting Education and Promotional Program of Second Suites, be adopted;



(4) a program for registration of two-unit houses not be adopted, and that the report (June 22, 1999) from the Commissioner of Urban Planning and Development Services be received; and



(5) it is ensured that adequate inspection staff is available to protect living standards and to ensure swift action on complaints;



The Committee reports, for the information of Council, having:



(1) requested the Acting Commissioner of Urban Planning and Development Services to analyse and report directly to Council for its meeting on July 27, 1999 on the substantive comments, both written and verbal, made by the deputants and by Councillor Bossons;



(2) held a statutory public hearing on July 12, 1999 in accordance with Sections 17 and 34 of The Planning Act and advises that appropriate notice of this meeting was given in accordance with The Planning Act and the regulations thereunder; and



  • received a presentation by Ross Paterson and Ann-Marie Nasr, Urban Planning and Development Services.


The Planning and Transportation Committee submits the following report (June 14, 1999) from the Commissioner of Urban Planning and Development Services:



Purpose:



To report on draft official plan amendments and proposed changes to the City's zoning by-laws which will permit second suites as-of-right in all single- and semi-detached houses.



Funding Sources, Financial Implications and Impact Statement:



There are no additional funding or financial implications stemming from this report.



Recommendations:



It is recommended that:



(1) Council adopt the proposed official plan amendments in Appendix B which will allow second suites in single- and semi-detached houses throughout the City;



(2) Council enact the proposed zoning by-law amendments in Appendix C subject to any modifications recommended by the Commissioner of Urban Planning and Development Services and/or arising from the public meeting of the Planning and Transportation Committee to be held on July 12, 1999;

(3) in the event that Council adopts new official plan policies and zoning by-law amendments which permit second suites in single- and semi-detached houses as-of-right, the Commissioner of Urban Planning and Development Services be directed to:



(a) monitor the creation of new second suites and the legalization of existing second suites; and



(b) provide a status report on second suites within two years of the new zoning regulations taking effect, including, if necessary, recommendations on any additional changes to the City's planning documents;



(4) a copy of this report be forwarded to the Minister of Municipal Affairs and Housing; and



(5) the appropriate City officials be authorized to undertake any necessary action to give effect thereto, including preparing and introducing any necessary bills.



Background:



At its meeting on May 11 and 12, 1999, City Council directed the Commissioner of Urban Planning and Development Services to amend, within 60 days:



(1) the City's planning documents to permit second suites as-of-right in all single- and semi-detached houses, subject to appropriate building, fire and property standards being met and consistent with the approach taken in the 1994 provincial legislation; and



(2) address the removal of unnecessary barriers to the creation of second suites while maintaining the integrity of the Building Code, Fire Code and property standards.



At its meeting of June 14, the Planning and Transportation Committee (PTC) had before it a report titled: "Changes to the City's Planning Documents to Permit Second Suites As-of-Right". The report noted that in order to meet Council's 60-day deadline, a statutory public meeting would need to be scheduled for July 12, and that draft official plan amendments, together with explanations of the proposed zoning by-law amendments, should be available for public viewing as of June 17. At its meeting on June 14, as requested, the PTC scheduled the statutory public meeting for July 12.



This report discusses the proposed changes to the official plans and zoning by-laws that are required to comply with Council's directive and presents draft official plan amendments. The draft zoning by-laws in Appendix C are still under review. Any further revisions to the draft by-laws will be reported on at the public meeting.



Comments:



Increasing the Supply of Affordable Rental Housing: the Role of Second Suites



At its meeting of May 11 & 12, City Council had before it my report entitled: "The Mayor's Homelessness Action Task Force Final Report: Recommendations and Policy Directions Related to the Housing Policies of the Official Plan". This report focused on 10 of the Task Force's 105 recommendations - specifically those related to the implementation of an affordable housing action plan using the planning tools at the City's disposal.



The Task Force had identified the shrinking supply of low-cost rental housing as one of the major barriers preventing effective solutions to the increasing problem of homelessness in the City. The Task Force provided compelling evidence of a growing affordability problem for renters as a result of:



- a real decline in tenant incomes;

- rent inflation which has reduced the number of low-cost units; and

- a set of economic and market circumstances which have discouraged investment in new affordable rental housing over many years.



To respond to the severe shortage of affordable housing in the City, the Task Force identified the removal of restrictions and the legalization of second suites as an important part of an overall housing strategy. Second suites were seen as having the following direct benefits:



- they are a cost-effective form of affordable housing which does not require subsidization; and

- they are a means of providing additional income for seniors, allowing them to stay in their homes, and for young families, to help meet mortgage payments.



The report before Council also identified that no new significant problems occurred when second suites were permitted as-of-right throughout the province under provincial legislation between July 14, 1994 and November 16, 1995. Second suites already form a major component of the rental market with 1 in 5 rental units being a second suite.



The Affordable Housing Action Plan and Council's Direction on Second Suites



In recognition of the need to proceed with the implementation of the City's affordable housing action plan in a timely manner, Council directed the Commissioner of Urban Planning and Development Services, within 60 days, to amend:



(1) the City's planning documents to permit second suites as-of-right in all single- and semi-detached houses, subject to appropriate building, fire and property standards being met and consistent with the approach taken in the 1994 provincial legislation; and



(2) to address the removal of unnecessary barriers to the creation of second suites while maintaining the integrity of the Building Code, Fire Code and property standards.



It is also important to note that the adoption of policies and enactment of by-laws to permit second suites as-of-right will have the effect of bringing the former area municipal planning documents into compliance with the Official Plan of the former Municipality of Metropolitan Toronto. The Metro Official Plan included a provision that the area municipal official plans and zoning by-laws permit apartments-in-houses in residential neighbourhoods.



Use of the Term "Second Suite"



For clarity and consistency, the term "second suite" is being proposed to describe the additional living space that will be permitted in single- and semi-detached houses through the application of the proposed policy and by-laws across the City. Where appropriate, the term second suite will be substituted for other terms currently in use such as accessory suites/apartments and apartments-in-houses.



Developing an Approach Consistent with Previous Provincial Legislation (Bill 120)



As noted above, the recommendation adopted by Council included the clause: "consistent with the approach taken in the 1994 provincial legislation". The intent of referring to the previous provincial legislation is not to reinstate Bill 120 in its entirety and verbatim through the zoning by-laws. Rather, the objective is to adopt, where appropriate, as many of the principles and standards of Bill 120 and to build on existing policies and zoning regulations to meet the direction set by City Council. One of Bill 120's key principles which has been retained is the general rule that: "standards which apply to a house with two units cannot exceed the standards for a house with one unit". This general rule has been used to guide staff in the identification of and removal of potential barriers.



There are some key differences between the provisions of Bill 120 and the proposals outlined in this report. For example, second suites were permitted as-of-right in townhouses under Bill 120. It is proposed here that second suites continue to be permitted in townhouses/rowhouses where existing planning documents allow them (e.g. former municipalities of Toronto and York). However, this permission will not be extended throughout the entire City. One of the main reasons for this is that there are difficulties in providing sufficient parking for second suites in row housing, particularly in the case of condominium row housing where visitor parking requirements can be a major constraint.



Another difference relates to noncompliance with planning standards. Bill 120 did not apply to residential premises that were legal non-conforming uses in zones that did not permit such uses (e.g. industrial areas). The proposed policies and zoning will permit second suites in legal non-conforming single- and semi-detached dwellings.



Removing Barriers to the Implementation of Second Suites



City Council directed staff to address the removal of unnecessary barriers to the creation of second suites while maintaining the integrity of the Building Code, Fire Code and property standards. The following discussion takes a closer look at the actions which have been taken to remove potential barriers.



(i) Floor Area and Lot Area:



The proposed changes take into account the principle that the planning documents should not prohibit alterations to facilitate a second suite in a basement because of standards which define a relationship between floor area and lot area (e.g. where the use of the basement is included in floor area calculations). It is anticipated that the majority of new second suites will be created in basements.



Occupancy of an attic for purposes of a second suite, however, will be treated differently and will be counted in floor space calculations. This reflects the fact that in dwellings where there is no second suite and the additional space is occupied by the household, the floor area of an attic that is used for habitable space is included in the calculation of permitted floor area and other restrictions related to the number of permitted storeys and height are applicable.



(ii) Building Alterations:



The majority of second suites have and will continue to be created by internal alterations to existing houses. The proposed zoning by-laws do not preclude additions to houses to accommodate second suites provided the additions do not contravene zoning standards such as set-back requirements and height limitations. Similar to single-occupancy situations, owners would have to apply for a minor variance or zoning amendment for additions that contravene zoning standards.



(iii) Exit Requirements:



Bill 120 allowed egress from a second suite to the outside through another residential unit. The proposals outlined here also adopt this standard which complies with the Fire Code. The Fire Code provides several options which may be used to provide a suitable means of escape. Two means of escape are required from a second suite where the second suite's access is through a door that involves entering another unit. A window may serve as a second means of escape provided it meets minimum specified requirements.



It may be appropriate, in some situations, to add another door to the outside for the exclusive use of the tenants living in the second suite. In some of the former municipalities there are no restrictions on adding a second door on the front facade of a house while others preclude second doors on the front facade or a side facade that faces a public road. Where such restrictions have been in place, the owner is required to obtain the approval of the Committee of Adjustment to add a second door whether it is to serve the existing unit or a second suite.



Past experience has shown that this restriction has not proved to be a barrier or impediment to the creation of second suites but may emerge as an issue in other areas of the City depending on the design characteristics of the housing stock. In accordance with Council's directive, staff have identified such restrictions as potential barriers and these have been deleted or not included in the proposed zoning by-laws depending on the current circumstances. If this matter is identified as an emerging problem in the course of future monitoring, Council could reintroduce restrictions on alterations to the exterior of houses.



(iv) Unit Limits:



Consistent with the previous provincial legislation, the proposals outlined here exempt second suites from density limits (e.g. not included in the number of units calculations) and do not apply restrictions based on the age of the structure. Bill 120 established maximum unit area requirements which were calculated using the minimum room size figures in the Building Code and municipalities were permitted to set minimum size standards but could not exceed the regulated maximum figures. The proposals in this report rely on the minimum size standards in the Building Code.



(v) Parking Standards:



The proposed parking standards are similar to those in Bill 120. A house with a second suite will not be required to have more than two on-site parking spaces. This means that, with the exception of the former City of Toronto, two parking spaces are required for a house with a second suite. The more permissive standard in the former Toronto, which allows for one parking space for the first unit where parking existed before the addition of the second unit plus one parking space for each dwelling unit in excess of the first two units, will continue.



The proposals allow for the driveway to be used to meet the parking requirement, including that part of the driveway between the facade of the house and the property line. This will facilitate the use of tandem parking. In those cases where front yard parking is currently permitted, the required parking space for the second unit may be as front yard parking provided it meets all other zoning by-law front yard parking requirements, including minimum parking space dimensions and there is no encroachment by the parking space into the municipal road allowance. Street permit parking, where available and previously permitted, may also be sought to provide parking for the second suite.



(vi) Ontario Building Code and Fire Code Standards:



While the proposed by-laws permit below-grade second suites, these units will also be subject to other health and safety requirements specified under the Ontario Building Code (OBC). These include minimum ceiling height, lighting, ventilation and fire exit requirements but are only enforceable for one year after construction of the second suite. Some of the former municipalities identified requirements related to these matters in their zoning by-laws. By contrast, the approach taken here is to refer to the Ontario Building Code which provides Province-wide standards in the zoning by-laws. Furthermore, it may be inappropriate for these matters to be addressed through the zoning by-laws as Section 34 of the Planning Act does not explicitly authorize the municipal regulation of these matters.



The Ontario Building Code has standards that apply to second suites which provide a measure of flexibility in creating and upgrading units while maintaining reasonable levels of safety. New Fire Code standards which apply to houses with two units came into force on July 14, 1994 in conjunction with the proclamation of Bill 120 and are still in force. These standards cover such matters as fire separations between units, fire exits and smoke alarms. Provisions of Bill 120 regarding powers of entry under the Planning Act also remain in effect.



Fire officials have the strongest powers to inspect a property. They may enter without a search warrant where there is reason to believe that risk of fire poses a threat to life. Where occupants do not consent, and there is no reason to believe that there is an immediate threat to life, inspectors are required to obtain a search warrant. Property standards officers typically inspect units when requested to do so by the occupant or where a complaint has been received from another source. Inspectors can enter with the consent of the occupant. If there is no consent, a search warrant must be obtained by showing "reasonable grounds" that a property standards offense has occurred



(vii) Registration:



The Municipal Act provides municipalities with the ability to register second suites. A registration by-law passed under Section 34 of the Planning Act may specify the standards that must be met to register a house with a second suite (e.g. Building and Fire Codes). Inspection for compliance with the standards may be a condition of registration.



In 1997, East York and York enacted registration by-laws and initiated registration programs. The registration programs in both areas were suspended in June 1998 because of changes to the work program as a result of new municipal priorities and staff reassignments.



The Etobicoke Official Plan permits second suites provided they are registered with the municipality. However, no registration by-law was developed in Etobicoke to implement this policy. To ensure that this administrative oversight does not act as a potential barrier to the creation of second suites it is proposed that, in this specific case, the reference to a registration requirement be deleted from the Etobicoke planning documents.



It should be noted that the former Toronto, with the longest history and experience with second suites, and a substantial stock of them, had no registration by-law. The development of a proposed implementation plan for the registration of second suites in the new City, including a discussion of an enforcement strategy and possible resource requirements, will be reported on separately.

Proposed Changes to the Official Plans and Zoning By-Laws



The proposed changes to the official plans and the zoning by-laws are as follows:



Appendix A: describes the existing and proposed official plan policies and zoning regulations respecting second suites. Changes are proposed to the official plans of the former municipalities except for the Official Plan of the former City of Toronto. Amendments to all of the zoning by-laws of the six former area municipalities are required to meet Council's directive;



Appendix B: contains draft official plan amendments;



Appendix C: contains draft zoning by-law amendments. Staff are finalizing their detailed review of the draft zoning by-laws to determine if further amendments are required. If necessary, a report regarding further amendments will be prepared for the July 12 public meeting.



Conclusion:



This report has outlined the necessary changes to the planning documents to accomplish the task of permitting second suites as-of-right without prejudicing requirements specific to the former municipality (e.g. the size of a parking space, driveway width). Where more permissive policies and regulations exist, such as in the former City of Toronto, they will continue to apply. The most substantive changes are to the Scarborough and North York documents where second suites had been more restricted. This proposal meets Council's requirements that such amendments occur within a 60-day time frame.

The effect of the changes discussed in this report are that, subject to meeting other planning standards, a second suite could be created by altering or adding to an existing house or created in a new house upon first occupancy. Changes to the exterior of the house to accommodate a second suite will be permitted across the City although past experience has shown that most homeowners opt to create an interior vestibule to allow for a separate doorway to the second suite.

Monitoring and evaluation have been identified as key elements of the implementation of the proposed policy on second suites. This component will help to identify any emerging issues and the need to respond with any necessary changes to the City's various planning documents. It is recommended that a status report be prepared on this matter within two years after the new zoning regulations take effect.



The proposals outlined in this report will advance the implementation of the affordable housing action plan developed by the Mayor's Homelessness Action Task Force, which has been endorsed by City Council. The proposals also respond to Council's direction that this plan be implemented in a timely manner.



Contact:



Ross Paterson Matt Rea

Principal Planner Planner

(392-7863) (392-8124)



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Appendix A:

Existing and Proposed Official Plan and Zoning Provisions Regarding Second Suites



Metro Official Plan:



Policy No. 123 states that the Area Municipal official plans and zoning by-laws shall provide for permitting "apartments in houses" in residential neighbourhoods and Area Municipalities may establish conditions governing standards for apartments in houses, provided that the conditions governing alteration of the dwelling are not more onerous than would apply were the building to remain in single household occupancy, and the parking standards provide some measure of flexibility.



Draft OPA No. 4 changes "apartments in houses" to second suites, indicates that second suites shall be permitted in single- and semi-detached houses and defines "second suite" in the Glossary of Terms. The amendment does not preclude second suites in row housing/townhouses as permitted in the planning documents of former municipalities of East York, Toronto and York. The Area Municipal official plans and zoning by-laws establish similar city-wide standards and eliminate onerous requirements.

East York:



Policy 2.5.22 of the East York Official Plan states that accessory apartments may be permitted in Low Density Areas and apartments in houses shall be permitted in detached, semi-detached and row houses in residential areas provided they maintain one parking space per unit., and that other requirements, as may be detailed in the zoning by-law. The policies provide that the zoning by-law may contain provisions to restrict exterior modifications.



Draft OPA No. 17 to the East York Official Plan deletes: the definitions of "Accessory Apartment" and "Apartment in Houses" and inserts a new definition of "Second Suites"; the policy that permits zoning prohibitions of exterior alterations and the requirement of one parking space per unit as this is a matter that is more appropriately addressed in the zoning by-law.



The zoning by-laws for former Township of East York (By-law No. 6752) and Town of Leaside (By-law No. 1916) permit , subject to conditions, accessory apartments in any one-family detached or semi-detached dwelling, and permit one of the required parking spaces to be tandem parking space which may be located in front of the main wall of the dwelling.



The zoning amendment to By-law No. 1916 changes the term "Accessory Apartments" to "Second Suites", deletes Section 5.20 which prohibits habitable rooms in basements and deletes 5.33 which prohibits second doorways.



The zoning amendment to By-law No.6752 changes the term "Accessory Apartments" to "second Suites", deletes Section 5.24 (a technical correction) and deletes Section 5.25 which prohibits second doorways.



Etobicoke:



The Official Plan's definition of "accessory apartment" is an additional, self-contained, supplementary dwelling unit added to an existing single- or semi-detached dwelling, duplex or other grade related dwelling, by the conversion of the existing space within the dwelling. The Plan provides that an accessory apartment shall be permitted provided the unit is registered with the municipality, there is adequate on-site parking, the exterior appearance of the dwelling is unaltered and no overcrowding of the dwelling is created.



Draft OPA No.71-99 deletes the definition of "accessory apartment", permission for an accessory apartment in a duplex, the requirement that the unit be registered, the restrictions on altering the exterior of the dwelling and the condition that no overcrowding is created. A new definition of "Second Suite" is added and a policy that allows one additional housing unit in the form of a Second Suite within single-detached and semi-detached dwellings, provided there is adequate on-site parking.



The Zoning Code provisions regulating Etobicoke's three Lakeshore communities have varying standards with respect to the conversion of buildings into multiple-unit dwellings. Depending on the zone, the regulations for the conversion of dwellings in New Toronto and Long Branch deal, in varying degrees, with such matters as: the age and height of the dwelling, minimum lot frontage, depth and area, unit size and portion of the dwelling below grade, floor space index, minimum landscaped open space, and parking requirements. In Mimico and New Toronto, no portion of a cellar may be used as a dwelling unit or a habitable room respectively.



The proposed zoning amendment deletes certain provisions respecting converted dwellings, the use of a cellar for a habitable room and adds a definition and Supplementary Regulations that permit Second Suites in single-detached or semi-detached dwellings. The Supplementary Regulations exempt the below grade floor area of a Second Suite from the calculation of Gross Floor Area and requires one on-site parking space be provided for the Second Suite. The parking for the Second Suite may be located at-grade, in front of the required parking space for the dwelling.



North York:



The North York Official Plan currently has no policies regarding second suites. The policies regarding Range of Housing Forms in Part C.4, Section 2.4.2 of the Plan had been drafted to include a section on "accessory apartments", but this section had been deferred by North York Council when it adopted overall Housing policies by way of OPA No. 377 on May 25, 1994.



Draft OPA No. 476 attached to this report re-establishes Part C.4, Section 2.4.2(1), using revised wording consistent with the now-proposed approach to Second Suites. This will enable a second suite, which is described in a similar manner as definitions proposed for the other official plans, to be permitted in detached and semi-detached units, and will clarify that second suites are not to be included when calculating densities in respective residential designations. Corresponding statements are inserted into the Specific Residential Land Use Policies for the Residential Density One (RD-1) Land Use District in Part C.4, Section 3.3.

The North York zoning by-law does not currently permit second suites in its One-family Detached Dwelling Zones, nor in the standard zone for semi-detached dwellings (RM2). There are limited permissions in Apartment Zones (RM3+) and commercial zones. The by-law's current parking provisions were established during the time Bill 120 was in effect, and consequently, the parking regulations for detached and semi-detached units do cite a minimum number of parking spaces (2 spaces with or without a second residence) and allow the spaces to be tandem and to be located in the front yard, subject to front yard hard surfacing restrictions, in a manner that is consistent with the 1994 legislation.



The proposed zoning amendment introduces a definition for second suites, and inserts provisions in Section 6(2) of the bylaw (General Provisions for All Zones - Special Uses Permitted). This new subsection will explicitly permit one second suite in any detached or semi-detached dwelling unit, and will provide that: a second suite will be a part of a dwelling unit for all relevant regulations, unless a regulation specifically states otherwise; a second suite is to be divided horizontally from the main dwelling, except where it occupies only a part of a storey or cellar; a second suite may have a private external entrance or may be entered from a common area within the main dwelling; and a second suite cannot be located in an accessory building. The amendment also includes a corresponding statement in the general provisions for accessory buildings to reaffirm the latter point; and there are technical revisions to the parking regulations, to change the term "second dwelling unit" to "second suite".



Scarborough:



The Official Plan currently does not provide for second suites.



Draft OPA No. 1028 adds a new Section 3.1.8 which allows a second suite in single- and semi-detached dwellings and excludes second suites from density calculations. New definitions of "Dwelling" and "Second Suite" are added that permit a second suites in detached and semi-detached dwellings.



The zoning regulations in Scarborough do not permit basement apartments in single-family areas.



The zoning amendment adds a definition of "second suite" and adds "second suite" as a permitted use in the definitions of "Dwelling Unit or Dwelling" and "Single-Family Dwelling". The zoning introduces a parking requirement of one parking space per second unit and provides that the parking space may be located in the street yard, only in tandem on the driveway leading to the required parking space for the dwelling unit.



Former Toronto:



Section 6.15 of the Toronto Official Plan states that it is the policy of Council to promote the provision of new residential units by administering and participating in programs intended to encourage creation of "accessory apartments". The term "accessory apartments" means self contained apartments created through converting part of, or adding on to, existing homes (single detached, semi-detached, duplexes, triplexes, row houses, etc.).



No amendments are required or proposed to the official plan.

The zoning by-law permits, subject to conditions such as age of the building, accessory apartments in single detached, semi-detached, row housing, duplexes and triplexes in most areas of the former City of Toronto except for Swansea, Forest Hill and parts of North Toronto. Parking requirements are one space for the first dwelling unit where parking existed before the addition of the second suite, plus one space for each unit in excess of the first two dwelling units.



The zoning amendment deletes the restrictions on second suites in Swansea, Forest Hill and parts of North Toronto, exempts below grade space from the residential gross floor area calculation where it is used for a dwelling or a portion of a dwelling unit and exempts converted houses that

have two units from complying with controls on exterior alterations, size requirements and requirements that the building to be converted must be of a certain age.

York:



The Official Plan states that permitted uses in Low Density Residential Areas may include converted dwellings, including one apartment in a house in addition to the original dwelling unit in a single- detached, semi-detached or townhouse dwelling.



Draft OPA No. 155 deletes the term "apartments-in-houses" and replaces it with "second suites". The Plan's other policies, 9.12c) and 9.13d) are deleted and 9.12c) is replace to permit one second suite in addition to the original dwelling unit in a single-detached, semi-detached or townhouse dwelling.





The York zoning by-law permits, subject to conditions, apartments in houses in single- and semi-detached houses in R1, R2. R3 and RM1 zones. One parking space per unit is required and tandem and front yard parking (provided it meets the front yard parking requirements) are allowed.



The zoning amendment includes the following:



- changes the term apartment-in-house to second suite;



- provides an exemption from the GFA calculation for second suites located in basements and cellars;



- deletes the regulations prohibiting exterior alterations to the front facade or flankage facade facing a public road;



- deletes the regulations prohibiting a second suite where there is no sewer system, where a dwelling house is accessory to another dwelling house on the same lot, where the dwelling house has internal access from it to another dwelling house or through an internal corridor;



- deletes minimum floor area requirements; and

- deletes regulations regarding minimum room heights, height of egress, glazed area, and ventilation for second suites and the use of any cellar area as a habitable room or second suite.



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Appendix B:

Draft Official Plan Amendments



Authority: Planning and Transportation Committee, Clause Number ~ of Report Number ~, as approved on July 12, 1999.

Intended for first presentation to Council: July 27, 28 & 29, 1999

Adopted by Council:



City of Toronto



Bill No.

By-law No.





To adopt Amendment No. 4 of the Official Plan for the

former Municipality of Metropolitan Toronto



To adopt Amendment No. 1028 of the Official Plan for the

former City of Scarborough





To adopt Amendment No. 476 of the Official Plan for the

former City of North York



To adopt Amendment No. 71-99 of the Official Plan for the

former City of Etobicoke



To adopt Amendment No. 17 of the Official Plan for the

former Borough of East York



and



To adopt Amendment No. 155 of the Official Plan for the

former City of York



Whereas authority is given to Council by the Planning Act, R.S.O. 1990, c.P. 13, as amended, to pass this By-law; and whereas Council of the City of Toronto has provided adequate information to the public and has held at least one public meeting in accordance with the Planning Act;



The Council of the City of Toronto hereby enacts as follows:



1. Amendment No. 4 of the Official Plan of the (former) Municipality of Metropolitan Toronto, consisting of the attached text, is hereby adopted.



2. Amendment No. 17 of the Official Plan of the (former) Borough of East York, consisting of the attached text, is hereby adopted.



3. Amendment No. 71-99 of the Official Plan of the (former) City of Etobicoke, consisting of the attached text, is hereby adopted



4. Amendment No. 476 of the Official Plan of the (former) City of North York, consisting of the attached text, is hereby adopted



5. Amendment No. 1028 of the Official Plan of the (former) City of Scarborough, consisting of the attached text, is hereby adopted.



6. Amendment No. 155 of the Official Plan of the (former) City of York, consisting of the attached text, is hereby adopted



Enacted and Passed this ~ day of ~~ , A.D. 1999







Mayor City Clerk



(Corporate Seal)



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Amendments To Official Plans



of the



Former Municipalities Comprising the City of Toronto



Second Suites Within Single-detached

and Semi-detached

(Single-family

and Two-family) Dwelling Units



The following text constitutes Amendments to the Official Plans of the former municipalities of East York, Etobicoke, North York, Scarborough and York which along with the former municipality of Toronto now comprise the City of Toronto. The sections headed "Purpose", "Location" and "Basis" are explanatory only, and shall not constitute part of this amendment.



Purpose:



This amendment provides for Second Suites within Single-detached and Semi-detached (Single-family and Semi-Detached/Two-family) dwelling units, and will enable the introduction of such suites into those dwelling units without affecting permitted residential densities or requiring further Official Plan amendment.



Location:



This amendment applies across the planning areas of the former municipalities which now comprise the City of Toronto.



Basis:



Recognizing and providing for second suites within Single-detached and Semi-detached (Single-family and Semi-Detached/Two-family) dwelling units will facilitate the creation of new rental housing accommodation to enhance the City's housing stock, particularly for affordable housing and will facilitate the City's ability to apply and enforce appropriate building and safety standards to the units being created.



Official Plan Amendment:



A. Amendment No. 4 to the Official Plan of the (Former) Municipality of Metropolitan Toronto:



The Official Plan of the (former) Municipality of Metropolitan Toronto is amended by:



i) deleting a) in policy 123 and inserting in its place the following new policy:



a) permitting second suites in single-detached and semi-detached houses.

ii) adding the following definition under the Glossary of Terms:



second suite



second suite means an additional separate, self-contained residential unit which contains at least one room, a kitchen and sanitary conveniences for the exclusive use of its occupant(s).



iii) deleting the definition of apartments in houses under the Glossary of Terms



B. Amendment No. 17 to the Official Plan of the (Former) Borough of East York



The Official Plan of the (former) Borough of East York is amended by:



i) deleting Section 2.5.22 in its entirety, and replacing it with a new Section 2.5.22, as follows:



"2.5.22 Second Suites shall be permitted in detached, semi-detached and row houses in residential areas. The zoning by-law may contain parking regulations for Second Suites".



ii) deleting the words "accessory apartments" from Section 3.3.5 and replacing them with the words "Second Suites".

iii) deleting the definitions of "Accessory Apartment" and "Apartments in Houses" in Section 4.21, and by adding a new definition of "Second Suites", immediately following the definition of "Regulatory Flood Plain" as follows:



"Second Suite - a self-contained apartment located within a dwelling and designed for occupancy by a separate household. Where the terms "accessory apartment" and "apartments in houses" are used in this Plan, they shall be deemed to have the same meaning as Second Suites."



C. Amendment No. 71-99 to the Official Plan of the (Former) City of Etobicoke



The Official Plan of the (former) City of Etobicoke is amended by:



i) deleting Section 4.2.15 in its entirety and replaced with the following:



"4.2.15 One additional housing unit in the form of a Second Suite shall be permitted by the Zoning Code within single-detached and semi-detached dwellings, provided there is adequate on-site parking."



ii) deleting Section 11.5.1.g, in its entirety.

iii) deleting, the definition of Accessory Apartment contained Section 12.2.1 and replacing it with the following definition of a Second Suite:



"Second Suite is a lawful, second dwelling unit located within a single-detached or semi-detached dwelling."



D. Amendment No. 476 to the Official Plan of the (Former) City of North York



The Official Plan of the (former) City of North York is amended by:



i) inserting in Part C.4 - Housing, the following text as the new Clause 1 in Section 2.4.2 - Range of Housing Forms:



"1) Second Suites



One second suite, in the form of a self-contained space or enclosure within a dwelling designed for habitation by a separate family or household, shall be permitted within single detached dwellings and within each dwelling unit in semi-detached dwellings. In calculating densities within the residential designations, including those expressed in Part C.9 - Specific Development Policies - and in Part D Secondary Plans, these second suites will not be considered as dwelling units for the purposes of density calculations.



ii) by inserting in Part C.4 - Housing, a new cross-reference to Section 2.4.2(1) at Clause 2 under the sub-heading "Permitted Uses:" in Section 3.3 - Residential Density One (RD-1) - and renumbering the cross-reference in the current Clause 2 accordingly, so that the following Clauses 2 and 3 are after Clause 1:



"2) Second Suites in accordance with Part C.4, Section 2.4.2(1).



3) Group Homes and Group Foster Homes in accordance with Part C.4, Section 2.4.2(4)."



iii) by adding in Part C.4 - Housing, the following sentence at the end of the first paragraph under the sub-heading "Density:" in Section 3.3 - Residential Density One (RD-1):

"Second suites within single detached dwellings and second suites within semi-detached dwellings will not be considered as dwelling units for the purposes of density calculations."



E. Amendment No. 1028 to the Official Plan of the (Former) City of Scarborough:



The Official Plan of the (former) City of Scarborough is amended by:



i) adding the following to Section 3.1 - Residential Designations, as Policy 3.1.8:



3.1.8 Within each of the Residential designations which permit single detached and semi-detached dwellings, one second suite will be permitted in each of these dwelling unit types. In calculating residential densities expressed in this Plan, including those expressed in individual Secondary Plans, second suites will not be considered as units for the purposes of density calculations. In this regard, Section 5 - Implementation and Interpretation, prevailing Section 3 - Land Use Designations shall not apply.



ii) adding the following to Section 5. Implementation, Policy 5.1:



...Notwithstanding the foregoing, Section 3- Land Use Designations, Policy 3.1.8, shall prevail for residential densities expressed in individual Secondary Plans.



iii) adding the following to Section 5. Implementation, Policy 5.5.3, Glossary of Terms definition of Dwelling:



...and within a detached dwelling and semi-detached dwellings, may include a second suite.



iv) adding the following definition to Section 5. Implementation, Policy 5.5.3, Glossary of Terms:



Second Suite - shall mean a self-contained space or enclosure within a dwelling designed for habitation by a separate family or household.

F. Amendment No. 155 to the Official Plan of the (Former) City of York

The Official Plan of the (former) City of York is amended by:



i) deleting the term "apartments-in-houses" in Policy 4.25a) and replacing it with "second suites")



ii) deleting Policy 9.12c) and replacing it with:



9.12c) one second suite in addition to the original dwelling unit in a detached house, semi-detached or townhouse dwelling only.



iii) deleting Policy 9.13d)



--------

Appendix C:

Draft Zoning By-law Amendments



Authority: Planning and Transportation Committee Report No. ___ Clause No. ____ , as adopted by Council on July 27, 28 and 29, 1999

Enacted by Council: July 27, 1999

City of Toronto



Bill No.

By-law No. _______



To amend City of North York By-law No. 7625



Whereas authority is given to Council by Section 34 of the Planning Act, R.S.O. 1990, c.P. 13, as amended, to pass this By-law; and whereas Council of the City of Toronto has provided adequate information to the public and has held at least one public meeting in accordance with the Planning Act;



The Council of the City of Toronto Hereby enacts as follows:



1. Section 2 of By-law No. 7625 is amended by adding the following new definition:



"2.72.7 Second Suite means a self-contained space or enclosure within a dwelling unit designed for habitation by a separate family or household, and which shall contain at least one room, a kitchen and sanitary conveniences designated for the exclusive use of its occupants."



2. Section 6(2) of By-law No. 7625 is amended by adding the following new subsection:



"(l) Second Suites



One Second Suite shall be permitted in any One-Family Detached Dwelling or Single Family Dwelling, and one second suite shall be permitted in any Semi-Detached Dwelling Unit, in accordance with the following provisions:



(i) for the purposes of all zone regulations, unless the contrary intention is indicated, a second suite is part of the dwelling unit it is located in;



(ii) a second suite shall be divided horizontally, only, from the rest of the dwelling unit it is located in except as provided in (iii);



(iii) a second suite may occupy the whole or part of a storey or cellar;



(iv) a second suite may have a private entrance from outside or from a common hallway or stairway inside the dwelling unit it is located in; and



(v) a second suite shall not be located in an accessory building."



3. Section 6(23)(b) of By-law No. 7625 is amended by adding the following phrase at the end of the section, after the words "as if they were one building" and before the period:



", except that a second suite shall not be located in the accessory building".



4. Section 6A(2) of By-law No. 7625 is amended in the minimum parking requirement "(b)" for the use "one-family detached dwelling" by changing the words "second dwelling unit" to "second suite", so that the requirement reads as follows:



"one-family detached dwelling (a) 2 spaces per dwelling unit;



(b) for a one-family detached dwelling with a second suite where permitted, a total of 2 spaces."



5. Section 6A(2) of By-law No. 7625 is amended in the minimum parking requirement "(b)" for the use "semi-detached dwelling" by changing the words "second dwelling unit" to "second suite", so that the requirement reads as follows:



"semi-detached dwelling (a) 2 spaces per dwelling unit;



(b) for a semi-detached dwelling with a second suite where permitted, a total of 2 spaces."





Enacted and Passed this _____ day of __________, A.D. 1999.





Mel Lastman, Novina Wong,

Mayor City Clerk



(Corporate Seal)



--------



By-law No. ___-1999



To amend the General Zoning By-law No. 438-86, with respect to the

permission for a second dwelling unit in a detached or semi-detached house

throughout the entire boundaries of the former City of Toronto



The Council of the City of Toronto hereby enacts, as follows:



1. By-law 438-86, being "A By-law to regulate the use of land and the erection, use, bulk, height, spacing of and other matters relating to building and structures and to prohibit certain uses of lands and the erection and use of certain buildings and structures in various areas of the City of Toronto", as amended, is further amended by:



(1) amending the definition of "residential gross floor area" in section 2(1), by:



(i) deleting the word "and" at the end of clause (v) in paragraph (ii);



(ii) inserting the word "and" at the end of clause (vi) in paragraph (ii); and



(iii) inserting a new clause (vii) in paragraph (ii) as follows:



"(vii) a part of the building or structure that is used for a dwelling unit or a portion of a dwelling unit in a converted house containing not more than two dwelling units, provided the floor level is at least 0.9 metres below grade;";



(2) amending section 6(1)(f)(a)(i) as follows:



(i) by inserting the letter and number "q1" under the columns titled R1 and R1S, opposite the expression "converted house"; and



(ii) by deleting the word "two" where it appears following the expression "dwelling units" and inserting in lieu thereof, the word "three";



(3) amending qualification 1 in section 6(2)(1) by inserting a new subparagraph (i) as follows:



"in the case of a converted house in an R1 or R1S district, originally constructed as a detached house or a semi-detached house, the maximum number of dwelling units permitted is two and none of the provisions set out in subparagraphs (ii) to (vi) inclusive shall apply;";



(4) amending section 6(2)3 by deleting the words "two or more" and inserting in lieu thereof, the words "more than two";

(5) amending section 12(1)68(c) by deleting the word "two" and inserting in lieu thereof, the word "three:



(6) amending section 12(1)230 by deleting the word "two" and inserting in lieu thereof, the word "three";

(7) by amending section 12(1)242 by deleting the word "two" in subparagraph (ii) and inserting in lieu thereof, the word "three"; and



(8) by amending section 12(1)332 by deleting the word "two" and inserting in lieu thereof, the word "three".





Enacted and Passed this ____ day of ______, A.D. 1999.





Mel Lastman, Novina Wong,

Mayor City Clerk



(Corporate Seal)



--------



By-law No.



Being a By-law to amend the:



Agincourt Community, By-law Number 10076;

Agincourt North Community, By-law Number 12797;

Bendale Community, By-law Number 9350;

Birchmount Community, By-law Number 9174;

Cenntenial Community, By-law Number 12077;

Cliffcrest Community, By-law Number 9396;

Cliffside Community, By-law Number 9364;

Dorset Park Community, By-law Number 9508;

Eglinton Community, By-law Number 10048;

Guildwood Community, By-law Number 9676;

Highland Creek Community, By-law Number 10827;

(recite all individual Community Zoning By-laws)



Whereas authority is given to Council by Section 34 of the Planning Act, R.S.O. 1990, c.P. 13, as amended, to pass this By-law; and whereas Council of the City of Toronto has provided adequate information to the public and has held at least one public meeting in accordance with the Planning Act;



The Council of the City of Toronto hereby enacts as follows:



1. Sub-Clause (f) Definitions of Clause V - Interpretation, in the Agincourt Community, By-law Number 10076; the Agincourt North Community, By-law Number 12797; Bendale Community, By-law Number 9350;Birchmount Community, By-law Number 9174; Cenntenial Community, By-law Number 12077; Cliffcrest Community, By-law Number 9396; Cliffside Community, By-law Number 9364; Dorset Park Community, By-law Number 9508; Eglinton Community, By-law Number 10048; Guildwood Community, By-law Number 9676; Highland Creek Community, By-law Number 10827; (all other by-laws if clause numbering is right) is amended by:



1.1 adding the following definition:



Second Suite



shall mean a separate, self-contained residential accommodation located in a detached single-family dwelling and a semi-detached/two family dwelling, and which shall contain at least one room, a kitchen and sanitary conveniences designated for the exclusive use of its occupant(s).



1.2 deleting "The floor of any dwelling unit shall not be more than 0.8 m below the finished grade level of the building abutting the dwelling unit." from the definition of a Dwelling Unit or Dwelling and adding thereto "5. may include a second suite".



1.3 adding "may include a second suite," after the words "motor vehicles," in the definition of a Single-family Dwelling.



2. Section 1.1, Table of Required Parking Rates of Clause VII General Parking Regulations For All Zones in the Agincourt Community, By-law Number 10076; the Agincourt North Community, By-law Number 12797; Bendale Community, By-law Number 9350; Birchmount Community, By-law Number 9174; Cenntenial Community, By-law Number 12077; Clairlea Community, By-law Number 8978; Cliffcrest Community, By-law Number 9396; Cliffside Community, By-law Number 9364; Dorset Park Community, By-law Number 9508; Eglinton Community, By-law Number 10048; Guildwood Community, By-law Number 9676; Highland Creek Community, By-law Number 10827; (other by-laws if numbering is right) is amended by adding "Second Suites" under heading Use, and "1 space per second suite" under heading Minimum Rate of Parking Space Supply Required.



3. Sub-Section 2.2.1, Street Yard Exceptions Of Clause VII - General Parking Regulations For All Zones in the Agincourt Community, By-law Number 10076; the Agincourt North Community, By-law Number 12797; Bendale Community, By-law Number 9350; Birchmount Community, By-law Number 9174; Cenntenial Community, By-law Number 12077; Clairlea Community, By-law Number 8978; Cliffcrest Community, By-law Number 9396; Cliffside Community, By-law Number 9364; Dorset Park Community, By-law Number 9508; Eglinton Community, By-law Number 10048; Guildwood Community, By-law Number 9676; Highland Creek Community, By-law Number 10827; (other by-laws if numbering is right) is amended by adding the following Sub-Section:



2.2.1.3 Notwithstanding paragraphs 2.1.1 and 2.2.1.1, the parking space required for a second suite may be located in a street yard, only in tandem on the driveway leading to the parking space required for a dwelling unit.

Enacted and Passed this ____ day of ______, A.D. 1999.



Mel Lastman, Novina Wong,

Mayor City Clerk



(Corporate Seal)



--------



By-law No.



To Amend Chapters 304, 330, 340 and 350 of the Etobicoke Zoning Code with respect to the introduction of Second Suites.

The Council of the City of Toronto hereby enacts as follows:



1. That Section 304-3 of the Etobicoke Zoning Code is hereby amended by adding the following definition of a Second Suite:



"Second Suite is a lawful, second dwelling unit located within a single-detached or semi-detached dwelling."



2. That Chapter 304, Article IV Supplementary Regulations of the Etobicoke Zoning Code is hereby amended by adding the following subsection:



Supplementary Regulations for Second Suites



A Second Suite shall be permitted as a secondary use within all single-detached and semi-detached dwellings subject to the following provisions:



A. Any additions or expansions in relation to the introduction of a Second Suite must comply with the Zoning requirements specified for single-detached or semi-detached dwellings.



B. The below-grade portion of the floor area attributed to the Second Suite, shall not be included in the calculation of Gross Floor Area for the single-detached or semi-detached dwelling in which it is located.



C. One on-site parking space shall be provided for the Second Suite. Parking for the Second Suite may be located at-grade, in front of the required parking space for the dwelling, at a length of not less than 6.0 m.



3. That Section 330-8 of the Etobicoke Zoning Code is hereby deleted.



4. That Section 340-14 of the Etobicoke Zoning Code is hereby deleted.



5. That Section 350-19 of the Etobicoke Zoning Code is hereby deleted.



Enacted and Passed this ____ day of ______, A.D. 1999.



Mel Lastman, Novina Wong,

Mayor City Clerk



(Corporate Seal)



--------



A By-law

No. ---------



The Council of the Corporation of the City of Toronto

Enacts as Follows:



Section 2 Definitions



That any reference in the former City of York General Zoning By-law Number 1-83, as amended, to "Apartment-in-house" be and is hereby amended to read "Second Suite".



Section 3 General Provisions



That Section 3 of the former City of York General Zoning By-law Number 1-83, as amended, be and it is hereby further amended as follows:



(1) By deleting therefrom Subsection 3.4.1 and replacing it with:



3.4.1 Second Suites

Notwithstanding Subsection 2(35.a.1) and 2(91.1) one second suite is permitted in a detached or semi-detached house provided that the following regulations are complied with:



(1) Notwithstanding Subsection 2(56) in the case of a detached or semi-detached dwelling house gross floor area shall exclude space used for second suites in a basement or cellar.



(2) (i) Notwithstanding Subsection 2(73) a parking space for a second suite may be located partially or entirely in front of or behind another parking space, or on a driveway providing access to a parking space. If a boulevard licence is issued for one such space, it may be located partially on the boulevard abutting the driveway.



(ii) Where a parking space required for a second suite cannot be provided under sub-paragraph 3.4.1(a)(2)(i) above, the parking space may be provided for the second suite as a front yard parking space which is not wholly on the lot, provided the parking space meets the front yard parking regulations in Section 4 of the By-law.



(2) By deleting therefrom Subparagraphs 3.4.6 (a) to (f) inclusive and (h), and renumbering (g) as (a).



Enacted and Passed this ____ day of ______, A.D. 1999.



Mel Lastman, Novina Wong,

Mayor City Clerk



(Corporate Seal)



--------



By-law No.



To amend Restricted Area Zoning By-law No. 1916,

as amended, of the former Town of Leaside

Whereas authority is given to Council by Section 34 of the Planning Act, R.S.O. 1990, c.P. 13, as amended, to pass this By-law; and whereas Council of the City of Toronto has provided adequate information to the public and has held at least one public meeting in accordance with the Planning Act;



The Council of the City of Toronto hereby enacts as follows:



1. Zoning By-law No. 1916, as amended, is hereby further amended by deleting the title "Accessory Apartments" from Section 6.1.2 and replacing it with the title "Second Suites".

2. Zoning By-law No. 1916, as amended, is hereby further amended by deleting the title "Tandem Parking - Accessory Apartments" from Section 5.32 and replacing it with the title "Tandem Parking - Second Suites".



3. Zoning By-law No. 1916, as amended, is hereby further amended by deleting Section 5.20 in its entirety.

4. Zoning By-law No. 1916, as amended, is hereby further amended by deleting Section 5.33 in its entirety.





Enacted and Passed this ____ day of ______, A.D. 1999.





Mel Lastman, Novina Wong,

Mayor City Clerk



(Corporate Seal)



--------



By-law No.



To amend Restricted Area Zoning By-law No. 6752,

as amended, of the former Township of East York



Whereas authority is given to Council by Section 34 of the Planning Act, R.S.O. 1990, c.P. 13, as amended, to pass this By-law; and whereas Council of the City of Toronto has provided adequate information to the public and has held at least one public meeting in accordance with the Planning Act;



The Council of the City of Toronto hereby enacts as follows:



1. Zoning By-law No. 6752, as amended, is hereby further amended by deleting the title "Accessory Apartments" from Section 7.1.3 and replacing it with the title "Second Suites".

2. Zoning By-law No. 6752, as amended, is hereby further amended by deleting the title "Tandem Parking - Accessory Apartments" from Section 5.24 and replacing it with the title "Tandem Parking - Second Suites".



3. Zoning By-law No. 6752, as amended, is hereby further amended by deleting the words "Section 6.1.2" from Section 5.24 and inserting the words "Section 7.1.3" in their place."

4. Zoning By-law No. 6752, as amended, is hereby further amended by deleting Section 5.25 in its entirety.





Enacted and Passed this day of , A.D. 1999.





Mayor City Clerk



--------



The Planning and Transportation Committee submits the following report (June 24, 1999) from the Commissioner of Urban Planning and Development Services:



Purpose:



To report on further amendments to zoning by-laws to permit second suites as-of-right in all single- and semi-detached houses throughout the City.



Funding Sources, Financial Implications and Impact Statement:



There are no additional funding or financial implications stemming from this report.



Recommendations:



It is recommended that:



(1) Appendix C in the report dated June 14, 1999, regarding "Draft Official Plan Amendments and Zoning By-law Amendments to Permit Second Suites As-of-Right" be replaced with Appendix C (revised) attached to this report;



(2) the reference to "Appendix C" in Recommendation No. (2) in the June 14, 1999 report be replaced with "Appendix C (revised)"; and



(3) the appropriate City officials be authorized to undertake any necessary action to give effect thereto, including making any minor technical, stylistic or format changes to the amendments in Appendix B and Appendix C (as revised by this report) in the June 14, 1999 report respecting second suites, and preparing and introducing any necessary bills.



Background:



My June 14, 1999 report to the Planning and Transportation Committee entitled "Draft Official Plan Amendments and Zoning By-law Amendments to Permit Second Suites As-of-Right" included draft zoning amendments (Appendix C) and noted that staff were in the process of reviewing the City's zoning by-laws in detail to determine if further zoning amendments would be required. In anticipation of possible further revisions, the report included the following recommendation:



"Council enact the proposed zoning by-law amendments in Appendix C subject to any modifications recommended by the Commissioner of Urban Planning and Development Services and/or arising from the public meeting of the Planning and Transportation Committee to be held on July 12, 1999."



Discussion:



The review of the City's zoning by-laws has been completed. Amendments to thirty five (35) Scarborough zoning by-laws were required to effect the changes directed by Council. At the time of the writing of the June 14 report, staff had identified the necessary changes to eleven (11) of the Scarborough community zoning by-laws. The additional Scarborough by-laws that must be amended are incorporated in the revised Appendix C (see attached) which should replace Appendix C in the June 14 report.

Several minor technical changes have also been made to the proposed amendments to the former City of Toronto and City of North York zoning by-laws. No further changes are proposed to the East York, Etobicoke and York zoning bylaws.



The format of the draft Bill and Zoning By-law Amendments has been modified to facilitate the enactment of only one by-law rather than six by-laws as presented in the June 14 report.



Conclusion:



It is recommended that Appendix C in my June 14 report be replaced with Appendix C (revised) attached to this report and Council enact the proposed zoning amendments in Appendix C (revised).



Contact:

Ross Paterson Matt Rea

Principal Planner Planner

(392-7863) (392-8124)



--------



Appendix C (Revised)

Draft Zoning By-law Amendments



Authority: Planning and Transportation Committee Report No.__ Clause No.__,

as adopted by Council on July 27, 28 and 29, 1999.

Enacted by Council:



City of Toronto



Bill No.

By-law No.



To amend former Borough of East York Restricted Area Zoning By-law No. 1916 (former Town of Leaside) and Restricted Area Zoning By-law No. 6752 (former Township of East York);



To amend former City of Etobicoke Zoning Code Chapters 304, 330, 340 and 350;



To amend former City of North York By-law No. 7625;



To amend former City of Toronto General Zoning By-law No. 438-86



To amend former City of Scarborough:



Agincourt Community, By-law Number 10076;

Agincourt North Community, By-law Number 12797;

Bendale Community, By-law Number 9350;

Birchcliff Community, By-law Number 8786;

Birchmount Community, By-law Number 9174;

Centennial Community, By-law Number 12077;

Clairlea Community, By-law Number 8978;

Cliffcrest Community, By-law Number 9396;

Cliffside Community, By-law Number 9364;

Dorset Park Community, By-law Number 9508;

Eglinton Community, By-law Number 10048;

Guildwood Community, By-law Number 9676;

Highland Creek Community, By-law Number 10827;

Ionview Community, By-law Number 9089;

Kennedy Park Community, By-law Number 9276;

L'Amoreaux Community, By-law Number 12466;

Malvern Community, By-law Number 14402;

Malvern West Community, By-law Number 12181;

Maryvale Community, By-law Number 9366;

Milliken Community, By-law Number 17677;

Morningside Community, By-law Number 11883;

Oakridge Community, By-law Number 9812;

Rouge Community, By-law Number 15907;

Scarborough Village Community, By-law Number 10010;

Steeles Community, By-law Number 16762;

Sullivan Community, By-law Number 10717;

Tam O'Shanter Community, By-law Number 12360;

West Hill Community, By-law Number 10327;

Wexford Community, By-law Number 9511;

Woburn Community, By-law Number 9510; and,

Employment Districts, By-law Number 24982; and,



City of Scarborough By-law Number 5952; and,



Township of Pickering, By-law Number 1978; and,



Agricultural Holding By-law Number 10217; and,



Township of Pickering By-law Number 3036; and



To amend former City of York General Zoning By-law Number 1-83.



Whereas authority is given to Council by Section 34 of the Planning Act, R.S.O. 1990, c.P. 13, as amended, to pass this By-law; and whereas Council of the City of Toronto has provided adequate information to the public and has held at least one public meeting in accordance with the Planning Act;



The Council of the City of Toronto hereby enacts as follows:



A. Amendments to former Borough of East York Restricted Area Zoning By-law No. 1916 (former Town of Leaside)



1. Zoning By-law No. 1916, as amended, is hereby further amended by deleting the title "Accessory Apartments" from Section 6.1.2 and replacing it with the title "Second Suites".



2. Zoning By-law No. 1916, as amended, is hereby further amended by deleting the title "Tandem Parking - Accessory Apartments" from Section 5.32 and replacing it with the title "Tandem Parking - Second Suites".



3. Zoning By-law No. 1916, as amended, is hereby further amended by deleting Section 5.20 in its entirety.

4. Zoning By-law No. 1916, as amended, is hereby further amended by deleting Section 5.33 in its entirety.



B. Amendments to former Borough of East York Restricted Area Zoning By-law No. 6752 (former Township of East York)



1. Zoning By-law No. 6752, as amended, is hereby further amended by deleting the title "Accessory Apartments" from Section 7.1.3 and replacing it with the title "Second Suites".

2. Zoning By-law No. 6752, as amended, is hereby further amended by deleting the title "Tandem Parking - Accessory Apartments" from Section 5.24 and replacing it with the title "Tandem Parking - Second Suites".



3. Zoning By-law No. 6752, as amended, is hereby further amended by deleting the words "Section 6.1.2" from Section 5.24 and inserting the words "Section 7.1.3" in their place."

4. Zoning By-law No. 6752, as amended, is hereby further amended by deleting Section 5.25 in its entirety.



C. Amendments to former City of Etobicoke Zoning Code Chapters 304, 330, 340 and 350



1. That Section 304-3 of the Etobicoke Zoning Code is hereby amended by adding the following definition of a Second Suite:



"Second Suite is a lawful, second dwelling unit located within a single-detached or semi-detached dwelling."



2. That Chapter 304, Article IV Supplementary Regulations of the Etobicoke Zoning Code is hereby amended by adding the following subsection:



Supplementary Regulations for Second Suites



A Second Suite shall be permitted as a secondary use within all single-detached and semi-detached dwellings subject to the following provisions:



A. Any additions or expansions in relation to the introduction of a Second Suite must comply with the Zoning requirements specified for single-detached or semi-detached dwellings.



B. The below-grade portion of the floor area attributed to the Second Suite, shall not be included in the calculation of Gross Floor Area for the single-detached or semi-detached dwelling in which it is located.



C. One on-site parking space shall be provided for the Second Suite. Parking for the Second Suite may be located at-grade, in front of the required parking space for the dwelling, at a length of not less than 6.0 m.



1. That Section 330-8 of the Etobicoke Zoning Code is hereby deleted.



2. That Section 340-14 of the Etobicoke Zoning Code is hereby deleted.



3. That Section 350-19 of the Etobicoke Zoning Code is hereby deleted



D. Amendments to City of North York By-law No. 7625



1. Section 2 of By-law No. 7625 is amended by adding the following new definition:



"2.72.7 Second Suite means a self-contained space or enclosure within a dwelling unit designed for habitation by a separate family or household, and which shall contain at least one room, a kitchen and sanitary conveniences designated for the exclusive use of its occupants."



2. Section 6(2) of By-law No. 7625 is amended by adding the following new subsection:



"(l) Second Suites



One Second Suite shall be permitted in any One-Family Detached Dwelling or Single Family Dwelling, and one second suite shall be permitted in any Semi-Detached Dwelling Unit, in accordance with the following provisions:



(i) for the purposes of all zone regulations, unless the contrary intention is indicated, a second suite is part of the dwelling unit it is located in;



(ii) a second suite shall be divided horizontally, only, from the rest of the dwelling unit it is located in except as provided in (iii);



(iii) a second suite may occupy the whole or part of a storey or cellar;



(iv) a second suite may have a private entrance from outside or from a common hallway or stairway inside the dwelling unit it is located in; and



(v) a second suite shall not be located in an accessory building."



3. Section 6(23)(b) of By-law No. 7625 is amended by adding the following phrase at the end of the section, after the words "as if they were one building" and before the period:



", except that a second suite shall not be located in the accessory building".



4. Section 6A(2) of By-law No. 7625 is amended in the minimum parking requirement "(b)" for the use "one-family detached dwelling" by changing the words "second dwelling unit" to "second suite", so that the requirement reads as follows:



"one-family detached dwelling (a) 2 spaces per dwelling unit;



(b) for a one-family detached dwelling with a second suite where permitted, a total of 2 spaces."



5. Section 6A(2) of By-law No. 7625 is amended in the minimum parking requirement "(b)" for the use "semi-detached dwelling" by changing the words "second dwelling unit" to "second suite", so that the requirement reads as follows:



"semi-detached dwelling (a) 2 spaces per dwelling unit;



(b) for a semi-detached dwelling unit with a second suite where permitted, a total of 2 spaces."



E. Amendments to former City of Toronto General Zoning By-law No. 438-86



1. By-law 438-86, being "A By-law to regulate the use of land and the erection, use, bulk, height, spacing of and other matters relating to building and structures and to prohibit certain uses of lands and the erection and use of certain buildings and structures in various areas of the City of Toronto", as amended, is further amended by:



(1) amending the definition of "residential gross floor area" in section 2(1), by:



(i) deleting the word "and" at the end of clause (v) in paragraph (ii);



(ii) inserting the word "and" at the end of clause (vi) in paragraph (ii); and



(iii) inserting a new clause (vii) in paragraph (ii) as follows:



(vii) a part of the building or structure that is used for a dwelling unit or a portion of a dwelling unit in a converted house containing not more than two dwelling units, provided the floor level is at least 0.9 metres below grade;";



(2) amending section 6(1)(f)(a)(i) as follows:



(i) by inserting the letter and number "q1" under the columns titled R1 and R1S, opposite the expression "converted house";and



(ii) by deleting the word "two" where it appears following the expression "dwelling units" and inserting in lieu thereof, the word "three";



(3) amending qualification 1 in section 6(2) by inserting a new subparagraph (i) as follows:



"(i) in the case of a converted house in an R1 or R1S district, originally constructed as a detached house or a semi-detached house, the maximum number of dwelling units permitted is two and none of the provisions set out in subparagraphs (ii) to (vi) inclusive shall apply;";



(4) amending qualification 3 in section 6(2) by deleting the words "two or more" and inserting in lieu thereof, the words "three or more";

(5) amending section 12(1)68(c) by deleting the word "two" and inserting in lieu thereof, the word "three";



(6) amending section 12(1)230 by deleting the word "two" and inserting in lieu thereof, the word "three";

(7) by amending section 12(1)242 by deleting the word "two" in subparagraph (ii) and inserting in lieu thereof, the word "three"; and



(8) by amending section 12(1)332 by deleting the word "two" and inserting in lieu thereof, the word "three".



F. Amendments to former City of Scarborough:



Agincourt Community, By-law Number 10076;

Agincourt North Community, By-law Number 12797;

Bendale Community, By-law Number 9350;

Birchcliff Community, By-law Number 8786;

Birchmount Community, By-law Number 9174;

Centennial Community, By-law Number 12077;

Clairlea Community, By-law Number 8978;

Cliffcrest Community, By-law Number 9396;

Cliffside Community, By-law Number 9364;

Dorset Park Community, By-law Number 9508;

Eglinton Community, By-law Number 10048;

Guildwood Community, By-law Number 9676;

Highland Creek Community, By-law Number 10827;

Ionview Community, By-law Number 9089;

Kennedy Park Community, By-law Number 9276;

L'Amoreaux Community, By-law Number 12466;

Malvern Community, By-law Number 14402;

Malvern West Community, By-law Number 12181;

Maryvale Community, By-law Number 9366;

Milliken Community, By-law Number 17677;

Morningside Community, By-law Number 11883;

Oakridge Community, By-law Number 9812;

Rouge Community, By-law Number 15907;

Scarborough Village Community, By-law Number 10010;

Steeles Community, By-law Number 16762;

Sullivan Community, By-law Number 10717;

Tam O'Shanter Community, By-law Number 12360;

West Hil Community, By-law Number 10327;

Wexford Community, By-law Number 9511;

Woburn Community, By-law Number 9510; and,



Employment Districts, By-law Number 24982; and,



City of Scarborough By-law Number 5952; and,



Township of Pickering, By-law Number 1978; and,



Agricultural Holding By-law Number 10217; and,



Township of Pickering By-law Number 3036



1. Sub-Clause (f) Definitions of Clause V - Interpretation, in the Agincourt Community, By-law Number 10076; the Agincourt North Community, By-law Number 12797; Bendale Community, By-law Number 9350; Birchmount Community, By-law Number 9174; Centennial Community, By-law Number 12077; Cliffcrest Community, By-law Number 9396; Cliffside Community, By-law Number 9364; Dorset Park Community, By-law Number 9508; Eglinton Community, By-law Number 10048; Guildwood Community, By-law Number 9676; Highland Creek Community, By-law Number 10827; Ionview Community,By-law Number 9089; Kennedy Park Community, By-law Number 9276; L'Amoreaux Community, By-law Number 12466; Malvern Community, By-law Number 14402; Malvern West Community, By-law Number 12181; Maryvale Community, By-law Number 9366; Morningside Community, By-law Number 11883; Oakridge Community, By-law Number 9812; Scarborough Village Community, By-law Number 10010; Sullivan Community, By-law Number 10717; Tam O'Shanter Community, By-law Number 12360; West Hill Community, By-law Number 10327; Wexford Community, By-law Number 9511; and Woburn Community, By-law Number 9510; and,



Clause II - Definitions, in the Milliken Community, By-law Number 17677; Rouge Community, By-law Number 15907; and Steeles Community, By-law Number 16762;



are amended by:



1.1 adding the following definition:



Second Suite

shall mean a separate, self-contained residential accommodation located in a detached single-family dwelling and a semi-detached/two family dwelling, and which shall contain at least one room, a kitchen and separate sanitary conveniences;



1.2 deleting the sentence commencing with "The floor of any dwelling unit shall not be more than 0.8 m below the finished grade level..." from the definition of a Dwelling Unit or Dwelling and adding a separate paragraph, as follows:



"In addition, it may include a second suite."; and



1.3 adding "may include one second suite," after the words "motor vehicles/cars," in the definition of a Single-Family Dwelling.



2. Sub-Clause (f) Definitions of Clause V - Interpretation, in the Birchcliff Community, By-law Number 8786; and Clairlea Community, By-law Number 8978, is amended by:



2.1 adding the following definition:



Second Suite

shall mean a separate, self-contained residential accommodation located in a detached single-family dwelling and a semi-detached/two family dwelling, and which shall contain at least one room, a kitchen and separate sanitary conveniences; and



2.2 adding "may include one second suite," after the word "vehicles," in the definition of a Single-Family Dwelling.



3. Section 1.1, Table of Required Parking Rates of Clause VII - General Parking Regulations for All Zones in the Agincourt Community, By-law Number 10076; the Agincourt North Community, By-law Number 12797; Bendale Community, By-law Number 9350; Birchcliff Community, By-law Number 8786; Birchmount Community, By-law Number 9174; Centennial Community, By-law Number 12077; Clairlea Community, By-law Number 8978; Cliffcrest Community, By-law Number 9396; Cliffside Community, By-law Number 9364; Dorset Park Community, By-law Number 9508; Eglinton Community, By-law Number 10048; Guildwood Community, By-law Number 9676; Highland Creek Community, By-law Number 10827; Ionview Community, By-law Number 9089; Kennedy Park Community, By-law Number 9276; L'Amoreaux Community, By-law Number 12466; Malvern Community, By-law Number 14402; Malvern West Community, By-law Number 12181; Maryvale Community, By-law Number 9366; Milliken Community, By-law Number 17677; Morningside Community, By-law Number 11883; Oakridge Community, By-law Number 9812; Rouge Community, By-law Number 15907; Scarborough Village Community, By-law Number 10010; Steeles Community,By-law Number 16762; Sullivan Community, By-law Number 10717; Tam O'Shanter Community, By-law Number 12360; West Hill Community, By-law Number 10327; Wexford Community, By-law Number 9511; and Woburn Community, By-law Number 9510;



is amended by:



3.1 Adding "(excluding second suites)" following "dwelling unit" under the heading Minimum Rate of Parking Space Supply Required; and



3.2 Adding "Second Suites" under heading Use, and "1 space per second suite under heading Minimum Rate of Parking Space Supply Required.



4. Sub-Section 2.2.1, Street Yard Exceptions of Clause VII - General Parking Regulations for All Zones in the Agincourt Community, By-law Number 10076; the Agincourt North Community, By-law Number 12797; Bendale Community, By-law Number 9350; Birchcliff Community, By-law Number 8786; Birchmount Community, By-law Number 9174; Centennial Community, By-law Number 12077; Clairlea Community, By-law number 8978; Cliffcrest Community, By-law Number 9396; Cliffside Community, By-law Number 9364; Dorset Park Community, By-law Number 9508; Eglinton Community, By-law Number 10048; Guildwood Community, By-law Number 9676; Highland Creek Community, By-law Number 10827; Ionview Community, By-law Number 9089; Kennedy Park Community, By-law Number 9276; L'Amoreaux Community, By-law Number 12466; Malvern Community, By-law Number 14402; Malvern West Community,By-law Number 12181; Maryvale Community, By-law Number 9366; Milliken Community, By-law Number 17677; Morningside Community, By-law Number 11883; Oakridge Community, By-law Number 9812; Rouge Community, By-law Number 15907; Scarborough Village Community, By-law Number 10010; Steeles Community, By-law Number 16762; Sullivan Community, By-law Number 10717; Tam O'Shanter Community, By-law Number 12360; West Hill Community, By-law Number 10327; Wexford Community, By-law Number 9511; Woburn Community, By-law Number 9510; is amended by adding the following Sub-Section:



2.2.1.3 Notwithstanding paragraphs 2.1.1 and 2.2.1.1, the parking space required for a second suite may be located in a street yard, only in tandem on the driveway leading to the parking space required for a dwelling unit.

5. Clause IV - Definitions in the Employment Districts Zoning By-law Number 24982 is amended by:



5.1 adding the following definition:



Second Suite



shall mean a separate, self-contained residential accommodation located in a detached single-family dwelling, and which shall contain at least one room, a kitchen and separate sanitary conveniences;



5.2 deleting ", and the floor of which shall not be more than 0.8 m below the finished grade level at the building." from the definition of Dwelling Unit and adding a separate paragraph, as follows:



"In addition, it may include a second suite."; and



5.3 adding ", may include one second suite," after the words "motor cars" in the definition of a Single-Family Dwelling.



6. Section 7.2, Table of Required Parking Rates of Clause V - General Provisions in the Employment Districts Zoning By-law Number 24982 is amended by:



6.1 adding "(excluding second suites)" following "dwelling unit" under the heading Minimum Rate of Parking Space Supply Required; and,



6.2 adding "Second Suites" under heading Use, and "1 space per second suite" under heading Minimum Rate of Parking Space Supply Required.



7. Sub-Section 7.8.1.2, Street Yard Exceptions of Clause V- General Provisions in the Employment Districts Zoning By-law Number 24982 is amended by adding the following Sub-Section:



7.8.1.4 Notwithstanding paragraphs 7.7.1 and 7.8.1.2, the parking space required for a second suite may be located in a street yard, only in tandem on the driveway leading to the parking space required for a dwelling unit.



8. Clause 3. - Definitions in the City of Scarborough By-law Number 5952 is amended by:



8.1 adding the following definition:



Second Suite



shall mean a separate, self-contained residential accommodation located in a detached single- family dwelling and a semi-detached/two family dwelling, and which shall contain at least one room, a kitchen and separate sanitary conveniences; and



8.2 adding "may include one second suite," after the words "motor cars" in the definition of a Dwelling.



9. Section 18.1.1 Table of Required Parking Rates of Clause 18 - Parking Regulations in the City of Scarborough By-law Number 5952 is amended by:

9.1 adding "(excluding second suites)" following "dwelling unit" under the heading Minimum Rate of Parking Space Supply Required; and



9.2 adding "Second Suites" under heading Use, and "1 space per second suite"under heading Minimum Rate of Parking Space Required.



10. Sub-Section 18.2.2.1 Street Yard Exceptions of CLAUSE 18 - Parking Regulations in the City of Scarborough By-law Number 5952 is amended by adding the following Sub-Section 18.2.2.1.3:



18.2.2.1.3 Notwithstanding paragraph 1. of 18.2.1, and paragraph 18.2.2.1.1, the parking space required for a second suite may be located in a street yard, only in tandem on the driveway leading to the parking space required for a dwelling unit.



11. Section 5 - Definitions in the Township of Pickering By-law Number 1978 is amended by:



11.1 adding the following definition:



Second Suite



shall mean a separate, self-contained residential accommodation located in a detached single- family dwelling and a semi-detached/two family dwelling, and which shall contain at least one room, a kitchen and separate sanitary conveniences; and,



11.2 adding "and may include one second suite," after the word "occupancy" in the definition of a Dwelling.



12. Section 9.10.1 Table of Required Parking Rates of Section 9 - General Provisions in the Township of Pickering By-law Number 1978 is amended by:



12.1 adding "(excluding second suites)" following "dwelling unit" under the heading Minimum Rate of Parking Space Supply Required; and



12.2 adding "Second Suites" under heading Use, and "1 space per second suite"under heading Minimum Rate of Parking Space Required.



13. Sub-Section 6.1.13.2.1, Street Yard Exceptions of Section 6 - Residential Zones in the Township of Pickering By-law Number 1978 is amended by adding the following Sub-Section:



6.1.13.2.1.2.4 Notwithstanding paragraphs 61.13.1.1 and 6.1.13.2.1.1, the parking space required for a second suite may be located in a street yard, only in tandem on the driveway leading to the parking space required for a dwelling unit.



14. Section 2 - Definitions in the Township of Pickering By-law Number 3036 is amended by:



14.1 adding the following definition:



Second Suite



shall mean a separate, self-contained residential accommodation located in a Dwelling, One-Family Detached and a Dwelling, Semi-Detached, and which shall contain at least one room, a kitchen and separate sanitary conveniences;



14.2 adding ", and may include one second suite," after the word "persons" in the definition of a Dwelling, and after the word "inside" in the definition of Dwelling Unit, and



14.3 adding ", and may include one second suite" after the words "side yards" in the definition of Dwelling, One-Family-Detached.



15. Sub-Section 5.19.1, Table of Required Parking Rates of Section 5 - General Provisions for All Zones in the Township of Pickering By-law Number 3036 is amended by:



15.1 adding "(excluding second suites)" following "a dwelling unit" under the heading Minimum Rate of Parking Space Supply Required; and



15.2 adding "Second Suites" under heading Use, and "1 space per second suite" under heading Minimum Rate of Parking Space Required.



16. Section 12. Definitions of Clause II - General Provisions in the Agricultural Holding By-law Number 10217 is amended by adding the following definition:



Second Suite



shall mean a separate, self-contained residential accommodation located in a detached single- family dwelling and a semi-detached/two-family dwelling, and which shall contain at least one room, a kitchen and separate sanitary conveniences.



17. Section 2, Residential Uses (R) of Clause IV - Zone Provisions in the Agricultural Holding By-law Number 10217 is amended by adding "may include one second suite," after the words "a private garage or carport" in the first paragraph.



18. Clause II - General Provisions, in the Agincourt Community, By-law Number 10076; the Agincourt North Community, By-law Number 12797; Bendale Community, By-law Number 9350; Birchcliff Community, By-law Number 8786; Birchmount Community, By-law Number 9174; Centennial Community, By-law Number 12077; Clairlea Community By-law Number 8978; Cliffcrest Community, By-law Number 9396; Cliffside Community, By-law Number 9364; Dorset Park Community, By-law Number 9508; Eglinton Community, By-law Number 10048; Guildwood Community, By-law Number 9676; Highland Creek Community, By-law Number 10827; Ionview Community, By-law Number 9089; Kennedy Park Community, By-law Number 9276; L'Amoreaux Community, By-law Number 12466; Malvern Community, By-law Number 14402; Malvern West Community, By-law Number 12181; Maryvale Community, By-law Number 9366; Morningside Community, By-law Number 11883; Oakridge Community, By-law Number 9812; Sullivan Community, By-law Number 10717; Tam O'Shanter Community, By-law Number 12360; West Hill Community, By-law Number 10327; Wexford Community, By-law Number 9511; and Woburn Community, By-law Number 9510;



is amended by adding the following Section 5:



5. Second Suite Permission when the Existing Use is Legal Non-Conforming



When the existing use is legal non-conforming, a second suite may be provided in the existing detached single-family dwellings and existing semi-detached/two family dwellings, notwithstanding Section 3. Expansion of Non-Conforming Buildings and Structures of Clause II - General Provisions. A parking space required for the second suite shall be provided.



19. Section A, For All Zones of Clause VI - General Provisions, in the Milliken Community, By-law Number 17677 is amended by adding the following Sub-Section (1.5):



1.5 Second Suite Permission when the Existing Use is Legal Non-Conforming. When the existing use is legal non-conforming, a second suite may be provided in the existing detached single-family dwellings and existing semi-detached/two family dwellings, notwithstanding Sub-Section 1.3 Expansion of Non-Conforming Buildings and Structures of Clause VI - General Provisions. A parking space required for the second suite shall be provided.



20. Section 1. For All Zones of Clause VI -General Provisions, in the Rouge Community, By-law Number 15907; and the Steeles Community, By-law Number 16762 is amended by adding the following Sub-Section 1.5:



1.5 Second Suite Permission when the Existing Use is Legal Non-Conforming. When the existing use is legal non-conforming, a second suite may be provided in the existing detached single-family dwellings and existing semi-detached/two family dwellings, notwithstanding Sub-Section 1.3 Expansion of Non-Conforming Buildings and Structures of Clause VI - General Provisions. A parking space required for the second suite shall be provided.



21. Clause II - General Provisions in the Scarborough Village Community, By-law Number 10010, is amended by adding the following Section 6:



6. Second Suite Permission when the Existing Use is Legal Non-Conforming



When the existing use is legal non-conforming, a second suite may be provided in the existing detached single-family dwellings and existing semi-detached/two family dwellings, notwithstanding Section 3. Expansion of Non-Conforming Buildings and Structures of Clause II - General Provisions. A parking space required for the second suite shall be provided.



22. Clause V - General Provisions, in the Employment Districts Zoning By-law Number 24982 is amended by adding the following Section 1.7:



1.7 Second Suite Permission when the Existing Use is Legal Non-Conforming



When the existing use is legal non-conforming, a second suite may be provided in the existing detached single-family dwellings and existing semi-detached/two family dwellings, notwithstanding Section 1.5 Expansion of Non-Conforming Buildings and Structures of Clause V - General Provisions. A parking space required for the second suite shall be provided.



23. Clause 2.1 - Legal Non-conforming Buildings Or Structures, in the City of Scarborough Zoning By-law Number 5952 is amended by adding the following Section 2.4:



2.4 Second Suite Permission when the Existing Use is Legal Non-Conforming



When the existing use is legal non-conforming, a second suite may be provided in the existing detached single-family dwellings and existing semi-detached/two family dwellings, notwithstanding Section 2.2 Expansion of Non-Conforming Buildings and Structures of Clause 2.1 - Legal Non-conforming Buildings or Structures. A parking space required for the second suite shall be provided.



24. Section 4 - General Provisions, in the Township of Pickering Zoning By-law Number 1978 is amended by adding the following Sub-Section 4.5:



4.5 Second Suite Permission when the Existing Use is Legal Non-Conforming



When the existing use is legal non-conforming, a second suite may be provided in the existing detached single-family dwellings and existing semi-detached/two family dwellings, notwithstanding Sub-Section 4.3 Expansion of Non-Conforming Buildings and Structures of Section 4 - General Provisions. A parking space required for the second suite shall be provided.



25. Section 5 - General Provisions for All Zones, in the Township of Pickering Zoning By-law Number 3036 is amended by adding the following Sub-Section 5.30:



5.30 Second Suite Permission when the Existing Use is Legal Non-Conforming



When the existing use is legal non-conforming, a second suite may be provided in the existing detached single-family dwellings and existing semi-detached/two family dwellings, notwithstanding Sub-Section 5.3 Expansion of Non-Conforming Buildings and Structures of Section 5 - General Provisions for All Zones. A parking space required for the second suite shall be provided.



26. Clause II - General Provisions, in the Agricultural Holding Zoning By-law Number 10217 is amended by adding the following Section 2.5:



2.5 Second Suite Permission when the Existing Use is Legal Non-Conforming



When the existing use is legal non-conforming, a second suite may be provided in the existing detached single-family dwellings and existing semi-detached/two family dwellings.,notwithstanding Sub-Section 2.3 Expansion of Non-Conforming Buildings and Structures of Clause II - General Provisions. A parking space required for the second suite shall be provided.

G. Amendment to former City of York General Zoning By-law Number 1-8



Section 2 Definitions



That any reference in the former City of York General Zoning By-law Number 1-83, as amended, to "Apartment-in-house" be and is hereby amended to read "Second Suite".



Section 3 General Provisions



That Section 3 of the former City of York General Zoning By-law Number 1-83, as amended, be and it is hereby further amended as follows:



(1) By deleting therefrom Subsection 3.4.1 and replacing it with:



3.4.1 Second Suites



Notwithstanding Subsection 2(35.a.1) and 2(91.1) one second suite is permitted in a detached or semi-detached house provided that the following regulations are complied with.



(1) Notwithstanding Subsection 2(56) in the case of a detached or semi-detached dwelling house gross floor area shall exclude space used for second suites in a basement or cellar.



(i) Notwithstanding Subsection 2(73) a parking space for a second suite may be located partially or entirely in front of or behind another parking space, or on a driveway providing access to a parking space. If a boulevard licence is issued for one such space, it may be located partially on the boulevard abutting the driveway.



(ii) Where a parking space required for a second suite cannot be provided under sub-paragraph 3.4.1(a)(2)(i) above, the parking space may be provided for the second suite as a front yard parking space which is not wholly on the lot, provided the parking space meets the front yard parking regulations in Section 4 of the By-law.



(2) By deleting therefrom Subparagraphs 3.4.6 (a) to (f) inclusive and (h), and renumbering (g) as (a).





Enacted and Passed this ____ day of ______, A.D. 1999.





Mel Lastman, Novina Wong,

Mayor City Clerk



(Corporate Seal)



--------



The Planning and Transportation Committee submits the following report (June 22, 1999) from the Commissioner of Urban Planning and Development Services:



Purpose:



To report on implementation options for the registration of second suites including a draft by-law and outlining the resources required to support the implementation plan.



Funding Sources, Financial Implications and Impact Statement:



If Council institutes a program for the registration of two-unit houses, and endorses a strategy that relies solely upon complaints and voluntary compliance, the impact on staffing should be minimized. In this case the greatest impact will be in those former municipalities where second units were dealt with solely as a zoning issue, and housing and property standards within the illegal unit were not actively enforced. With the legalization of the units, the issues of housing and property standards within the unit will have to be addressed. However, if Council adopts a strategy that includes proactive enforcement, the need for additional staffing will be significant.



Recommendations:



It is recommended that:



(1) Council decide whether to adopt a program for registration of two-unit houses or not;



(2) if Council decides to adopt a program for registration of two-unit houses, then



(a) a by-law, substantially in the form of the draft by-law attached to this report, be approved, and that authority be granted to introduce the necessary Bill in Council to give effect thereto;



(b) Council decide whether fees should be charged for the registration of a two-unit house and, if so, the appropriate amount of the fees; and



(c) Council endorse an enforcement strategy based upon responding to complaints and voluntary compliance by homeowners; and



(3) if Council decides not to adopt a program for registration of two-unit houses, then receive this report for information.



Council Reference/Background/History:



Council, at its meeting of May 11 and 12, 1999, requested that the Commissioner of Urban Planning and Development Services and the City Solicitor report on an implementation plan for the registration of second suites, including a draft by-law and outlining what resources may be required, if any, to support the plan.



Section 207.3 of the Municipal Act, R.S.O., 1990, c.M45, as amended, authorizes the municipality to pass by-laws providing for the registration of two-unit houses or such classes of them as are set out in the by-law.



The purpose of such a by-law is to institute a registration program to better assure compliance with all by-laws, codes and regulations applicable to two-unit housing within the City. The implementation of such a program may also serve to promote safe, healthy, and habitable housing conditions in rental housing units, to reduce deterioration of rental housing units and to encourage responsible management, maintenance and use of rental housing units by the inspection and inventorying of these units.



Comments and/or Discussion and/or Justification:



It should be noted that the former City of Toronto, with the longest history and experience with second units, as well as the former Cities of North York and Scarborough, had no registration by-laws.



The former City of Etobicoke Official Plan permits second units provided they are registered. However, no registration by-law was developed in Etobicoke to implement this policy.



In 1997, the former Borough of East York and the former City of York enacted registration by-laws and initiated registration programs. These programs were suspended in June of 1998 because of changes to the work program as a result of new municipal priorities, and staff reassignments.



The Draft By-law



The draft by-law attached to this report provides for:



a. the registration of two-unit houses, and the revocation of the registrations, when necessary; and



b. the appointment of a registrar to register two-unit houses, to revoke registrations and to perform such other related duties.



The draft by-law:



a. prohibits any person from operating or permitting the occupancy of more than one residential unit in a two-unit house unless the house is registered;



b. specifies the standards which must be met to register a two-unit house;



c. requires such inspections of two-unit houses as are necessary to determine, before registration, if they comply with the prescribed standards;



d. designates the inspectors for the purposes of the by-law; and



e. fixes fees for the registration and inspection of two-unit houses.



It is important to note that the Act specifically provides that a two-unit house, once registered, remains registered without payment of any renewal or other fees, unless the registration is revoked.



As noted, the fees for registration and inspection may be fixed in the by-law.



In the former City of York By-law the fee schedule was as follows:



I. Inspection Fees



(A) Unit for which application for a Building Permit under the Building Code Act also submitted: (payable at time of application) $150.00



(B) Unit not requiring application for a Building Permit under the Building Code Act:

- for Zoning Compliance Review $100.00

- for Development Services inspection

(up to and including 2 inspections) $ 50.00

- for Fire inspection (up to and including 2 inspections) $100.00

(payable at time of application) Total $250.00



If additional inspections are required, an additional fee of $50.00 per inspection will be charged and will be payable at the time of registration.



II. Registration Fee



A Registration Fee of $400.00 is payable at time of registration and prior to registration.





In the former Borough of East York By-law the fee schedule was as follows:

Inspection Fees
1. Inspection Fee for a Two-Unit House for which a building Permit has also been submitted

$ 0.00

2. Inspection Fee for a Two-Unit House which does not require a building permit:

a) For Zoning compliance;

b) for Property Standards/Regulations Compliance (up to and including two (2) inspections).



If additional inspections are required, an additional fee of $50.00 per inspection will be charged and will be payable at the time of registration.



$ 50.00

$100.00

Registration Fee $150.00





For comparison purposes, in the City of Brampton By-law the fee schedule is as follows:



Registration Fee:



Part I Application Processing (due upon initial application) $450.00

Part II Final Inspection and Registration (due upon final sign-off and registration) $450.00

Total $900.00



Enforcement Strategy



i. Applicable Legislation



Prior to registration, every residential unit in a two-unit house shall be inspected to ensure it complies with all relevant standards set out in,



a. the Ontario Building Code;

b. the Ontario Fire Code;

c. the applicable zoning by-law; and

d. the applicable Property Standards By-law or Housing By-law.



ii. Inspection/Investigation



The enforcement of this by-law and the registration program requires inter-departmental coordination among the inspectors and officers of the Building Division, the Municipal Licensing & Standards Division of Urban Planning and Development Services, and the Fire Services Division of Works and Emergency Services.



Approaches to initiate inspections/investigations to identify two-unit houses include:



a. complaints;

b. voluntary compliance (requests for registration by homeowners);

c. sweeps; and

d. city-wide surveys.



Complaints



I. Normal first step in a compliance program.

II. Reactive, not proactive.

III. Limited impact on total community.

IV. Addresses individual concerns at an individual property.

V. Lowest impact on staffing



Voluntary Compliance (Requests for Registration by Homeowners)



I. Normal first step in a registry program.

II. Reactive, not proactive.

III. Limited impact on total community.

IV. Addresses individual concerns at an individual property.

V. Ensure safe, healthy and habitable housing conditions prior to occupancy.

VI. Low impact on staffing.

VII. Voluntary compliance rates could be low.



Sweeps



I. Proactive program specifically targeting defined areas.

II. Aids in public education/information regarding applicable standards.

III. Large resource commitment across departmental lines.

IV. Results in targeted neighbourhood can be significant; however limited rights of access into occupied units will impact on success.



City-wide Surveys (active, ongoing enforcement)



I. Proactive program.

II. Highest level of staffing required.

III. Eases necessity for neighbourhood complaints.

IV. Enforcement process can be equitably applied throughout the City.

V. Limited rights of access into occupied units will impact on success.



In 1996 the Fire Chief in Scarborough initiated a formal inspection program. The Fire Department did a house by house survey (inspected second suite if the owner indicated they had one). Owners were given six weeks to start on required upgrades. A report outlining requirements was left with the owner. It indicated if a building permit was necessary. The onus was on the owner to contact Buildings as Fire did not contact Buildings. Fire officials returned six weeks later and granted an extension if work was underway. If the owner could not be convinced and refused to do the work, Fire took legal action. If convicted in court, the owner was fined up to $25,000 and/or a year in jail, and there were convictions. Fines increase significantly with additional convictions.



In 1996 the Scarborough Fire Department visited 2803 homes - 155 had two units. The program was revised because of residents' complaints about the intimidating nature of four fire fighters showing up at the door. In the revised program that targeted known or suspected properties with second suites, the Fire Department visited 416 homes - 197 had two units. The program was terminated in 1997.



The former City of York policy was not to be pro-active on illegal units. With the enactment of the registration by-law, property standards sent out letters to the known illegal properties (about 700). There were 42 registrations in 1997, and 1998 buildings staff stopped registering second suites to cut costs (high administrative costs for inspections and registration, budget and staff cut backs).



Increase awareness/knowledge



A key component to the success of the registration program will be the development of a campaign to increase the knowledge and awareness of the tenants, landlords, mortgage lenders and insurance companies, and the public in general of the new requirements and obligations associated with a second suite in a two-unit house.



This can accomplished by a coordinated approach using several communications tools including:



a. Press releases and information published in local newspapers;

b. Mass mailing of information in conjunction with tax bills directed at property owners;

c. Bus shelter advertising program directed at second unit tenants;

d. Public service announcements on community cable TV;

e. Community meeting with community associations and tenant advocacy groups; and

f. The development of a small landlord education program.

Compliance/Prosecution



Rights of Entry



The rights of entry and inspection are specifically delineated in s. 207.3 (6), (7), and (8) of the Municipal Act. These rights of entry mirror those provided in the Building Code Act for enforcement of Property Standards By-laws. An inspector may, at all reasonable times, and upon producing proper identification, enter upon land and into buildings without warrant to inspect a building for compliance. However, an inspector shall not enter any room or place actually used as a dwelling without requesting and obtaining consent of the occupier, having first informed the occupier that the right of entry may be refused.



Actions to Gain Compliance:



a. A verbal request to correct violations, explaining the benefits of compliance and risks of non-compliance.



b. A first letter is a written request to correct violations. It does not legally bind the responsible party to carry out the work but it does point out to the contravenor that this is initial action and continued non-compliance will result in further action.



c. An order is a formal legal request to correct violations within a stated time limit. Non-compliance with the Order results in fines, either using the Provincial Offences Ticket (provided short form wording and set fine amounts have been approved) or legal action through the Provincial Court.



Resources



Staffing impacts, as noted in Inspection/investigation, will vary with the strategy for enforcement that Council endorses.



If the strategy endorsed is the one which relies solely on complaints and voluntary compliance, the impact on staffing should be minimized, with the greatest impact in those former municipalities where second units were dealt with solely as a zoning issue, and housing and property standards within the illegal unit were not actively enforced. With the legalization of the units, the issues of housing and property standards within the unit will have to be addressed.



If the strategy adopted is more proactive in nature, such as employing sweeps of designated areas or a city-wide survey, the staffing impact would be very significant with an estimated 100,000 existing units to be inspected and registered. Ongoing active enforcement of the entire city (door to door inspections) would have a major staffing impact well beyond current capacity.

In addition to the staff time involved in responding to the complaints, and/or going door to door in any area sweep or city-wide survey, the Chief Building Official has indicated that each unit, whether existing or new, that requires a building permit, would require approximately two-person days to complete the necessary reviews to issue the building permit and the necessary inspections to confirm the work is completed in accordance with the approved drawings and the Ontario Building Code.



In the case of pre-existing units, a Fire Prevention Officer would also have to inspect to determine compliance with the Ontario Fire Code. This would require an additional one to two-person days to complete the necessary reviews and inspections.



If an average of four-person days is used as an estimate of the staff time involved in the investigation, inspection and registration of an existing unit, and it is assumed that one FTE works 235 days in a year, one person/year would be required for approximately 60 units to be registered. If just one percent of the existing stock, 1000 units, came forward for registration in the year, it would require approximately 16 person/years to process the work load.

If an average of two-person days is used as an estimate of the staff time involved in the building permit plan review, inspection and registration of a new unit, and it is assumed that one FTE works 235 days in a year, one person/year would be required for approximately 120 units to be registered. If 1000 new units were created in the year, it would require approximately eight person years to process the work load.



Conclusions:



The adoption of a by-law to institute a registration program may better assure compliance with all by-laws, codes and regulations applicable to two-unit housing within the City. The implementation of such a program may also serve to promote and ensure safe, healthy and habitable housing conditions in rental housing units, to prevent deterioration of rental housing units and to encourage responsible management, maintenance and use of rental housing units by the inspection and inventorying of these units. However, the costs associated with the staffing requirements needed to deliver the program may make it prohibitive to operate other than on a complaint and/or voluntary compliance basis.



Contact Name:



Frank Weinstock

22nd Floor, Metro Hall

fweinst@toronto.ca



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Draft By-law No.



Whereas s.207.3 of the Municipal Act, R.S.O., 1990, c.M45, as amended, authorizes the municipality to pass by-laws providing for the registration of two-unit houses or such classes of them as are set out in the by-law;



The Council of the City of Toronto hereby enacts as follows:



1. (1) "two-unit house" means a detached or semi-detached house which contains two residential units or other structure containing two residential units that existed before November 16, 1995 and was grandfathered by Bill 20.



(2) "residential unit" means a unit that,



(a) consists of a self contained set of rooms located in a building or structure,

(b) is used as a residential premises,

(c) contains kitchen and bathroom facilities that are used only by the occupants of the unit,

(d) is used as a single housekeeping unit, which includes a unit in which an occupant has exclusive possession of any part of the unit, and

(e) has a means of egress to the outside of the building or structure in which it is located, which may be a means of egress through another residential unit.



2. No person shall operate or permit the occupancy of more than one residential unit in a two-unit house unless the house is registered as required by this bylaw.



3. Every person who operates or permits the occupancy of more than one residential unit in a two-unit house shall ensure that the two-unit house is registered as required by this by-law.



4. Prior to registration:



(1) Every residential unit in a two-unit house shall be inspected to ensure it complies with all relevant standards set out in,



(a) the Ontario Building Code;

(b) the Ontario Fire Code;

(c) the applicable zoning by-law; and

(d) the applicable Property Standards By-law or Housing By-law.



(2) The owner pays a one-time, non-refundable registration fee along with the applicable inspection fees as set out in Schedule A to this by-law.



(3) The owner shall submit a completed application in a form provided by the City.



5. The Registrar may refuse to register any two-unit house which does not meet the requirements set out in this by-law.



6. The Registrar may revoke the registration of any two-unit house which, at any time after registration, ceases to meet the requirements set out in this by-law.



7. The onus of proving that a two-unit house meet the requirements set out in this by-law is on the owner of the two-unit house.



8. (1) Where the Registrar revokes the registration of a two-unit house, he shall notify the owner of the two-unit house of the revocation and provide a brief explanation of the reason for the revocation.



(2) The notice of revocation shall be sent by regular mail to the address of the owner as shown on the assessment rolls.



(3) Where the registration of a two-unit house is revoked, the use of the building or structure as a two-unit house shall immediately discontinue and shall not be resumed until a new application for registration has been submitted, the required fee has been paid, the two-unit house has been re-inspected and approved, and the two-unit house has been re-registered.



9. The Commissioner of Urban Planning and Development Services is appointed as the registrar for the purpose of this by-law.



10. Persons employed by the City in the following positions are hereby designated as inspectors for the purposes of this by-law and section 207.3 of the Municipal Act, R.S.O. 1990, c.M45, as amended, namely:



Commissioner of Urban Planning and Development Services

Executive Director, Building/Chief Building Official

Directors, Building/Deputy Chief Building Officials

Managers Inspections

Building Inspectors

Executive Director, Municipal Licensing and Standards

District Managers, Municipal Licensing and Standards

Municipal Licensing and Standards Officers

Fire Chief

Deputy Fire Chiefs

Captains, Fire Prevention

Fire Prevention Officers



11. Every person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to a fine as provided for in the Provincial Offences Act.





Mel Lastman Novina Wong

Mayor City Clerk





(Corporate Seal) Enacted and Passed this day of , AD. 1999



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The Planning and Transportation Committee submits the following joint report (June 25, 1999) from the Commissioner of Urban Planning and Development Services and the Commissioner of Community and Neighbourhood Services:



Purpose:



Proposal for a promotional campaign and an education and support program for small landlords, complementing the proposed zoning by-law changes, registration system, and "add-a-suite" program.



Funding Sources:



Funds are available for the program in the 1999 approved operating budget.



Recommendations:



It is recommended that:



(1) this proposed education and promotional program for encouraging the creation of new second suites, and providing information for homeowners of both new and existing second suites, be approved, and the Commissioner of Community and Neighbourhood Services be authorized to expend up to $20,000 to purchase services for this purpose; and



(2) appropriate City Officials be authorized to undertake all necessary action to give effect hereto.



Council reference:



In May 1999, Council requested the Commissioner of Urban Planning and Development Services to, within 60 days, amend the City's planning documents to permit second suites as-of-right in all single and semi-detached houses, subject to appropriate building, fire and property standards being met and consistent with the approach taken in the 1994 provincial legislation. The proposed Official Plan and zoning by-law amendments will be before the July 12, 1999 meeting of the Planning and Transportation Committee.



In conjunction with the 60 day directive to amend the City's planning documents, Council requested the Commissioner of Urban Planning and Development Services and the Commissioner of Community and Neighbourhood Services to report on ways to encourage homeowners to create second suites, including the feasibility, cost and possible source of funds for (1) a promotional campaign for homeowners; (2) an education and support program for small landlords; and (3) an incentive program (e.g. capital grants, interest free loans).



This report outlines an initial proposal for a promotional campaign and an education and support program for small landlords, including homeowners with second suites. Development of incentive programs will be considered as part of a future report on registration of second suites, and in a report to Community Services Committee July 14, 1999, about a proposed Add a Suite program.



Comments and/or Discussion and/or Justification:



As outlined in the report to Council dated May 10, 1999 by the Commissioner of Urban Planning and Development Services "The Development of a Small Landlord Education Program, a Registration By-Law and an Enforcement Strategy for Second Suites", often the problems which arise between the landlord and tenant of a second suite occur because neither party fully understands or respects the rights and responsibilities of the other. This is made worse by the fact that the Tenant Protection Act, which regulates both rents and tenancy matters, is relatively new.



The purpose of this report, therefore, is to outline a proposal for an education program for small landlords, homeowners with second suites or who are planning to create a second suite, and a promotional program to encourage the development of second suites. The overall intent of the program is to ensure that landlords and potential landlords can access information about the legal and "business" issues involved in developing and operating a rental suite in their home.



Council has requested the Commissioner of Urban Planning and Development Services and the City Solicitor jointly report to the Planning and Transportation Committee on an implementation plan for the registration of second suites. It is intended that the education program proposed in this report would be linked to the registration program as appropriate.



Finally, the Commissioner of Community and Neighbourhood Services will be reporting to the Community Services Committee about potential uses for the Mayor's Homeless Initiatives Reserve Fund. One use which will be recommended is to provide financial assistance to homeowners with existing second suites to bring those units up to health and safety standards, and to homeowners wishing to create a second suite. If this program is approved, the education program will be linked to program delivery.



Education Program Proposal:



The goal of the education program would be to encourage homeowners to create and operate affordable rental units in their own homes, and for small landlords to be informed of rights, obligations and best practices around operating their rental housing. The initial focus of the education program will be on current homeowners with second suites, and homeowners who are planning to create a second suite.



Funding for the program can be made available from the approved 1999 operating budget. It is estimated that a maximum of $20,000 will be required in 1999.



The program would include developing two booklets/workbooks (creating a suite, operating a suite), a pamphlet for tenants living in second suites, promotional materials and a series of information sessions for current/prospective second suite homeowners. The workbooks would be distributed with the assistance of landlord organizations, organizations which operate rent registries, upon request, and would be used as the basis for information sessions. In addition, if the registration program and/or the financial assistance program are approved, the workbook would be given to participants of those programs and who would also be invited to attend information sessions, and to connect with organizations which can provide ongoing support.



Planning, Municipal Standards and Shelter Housing & Support staff will produce the first workbook about creating a second suites. This workbook will focus on the regulatory environment (e.g. the by-law, fire safety, Ontario Building Code, etc.). As with all written materials produced under this program, it will be made available in multiple languages. Staff will also be responsible for promotional materials such as media releases and fact sheets. The timing of this part of the program, and the products produced, is dependant upon the timelines of related activities (by-law, registration program, incentive program).



A partnership of the Landlord Self Help Centre and City of Toronto Housing Help Centres will, through a purchase of service, prepare the second workbook, an information pamphlet for tenants living in second suites, and conduct several pilot information/training sessions. Both organizations have long histories of providing services to landlords with second suites, have undertaken similar outreach activities, and are well aware of the issues and concerns of both homeowners and tenants.

The program would run this fall and winter. Depending upon results and demand, staff will report back to Community Services Committee next spring with recommendations for a longer term program. More detailed information about the proposed education and promotional program is provided as appendix A.



Conclusion:

This report outlines a proposal for an educational and promotional program to encourage homeowners to develop second suites. The program would begin this fall/winter, with extensions dependant upon results and demand. Design and delivery of the program would be carried out with assistance of the Landlord Self Help Centre and Housing Centres, both of which have extensive experience working with landlords who have second suites.



Attachments:



Appendix A: Appendix A: Description of Proposed Education and Promotion Program





Contact:



Joanne Campbell Barbara Leonhardt

General Manager Director, Policy and Research

Shelter Housing & Support Division City Planning Division

392 - 7885 392 - 8148



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Appendix A: Description of Proposed Education and Promotion Program



Purpose of Education Program:



To encourage homeowners to create and operate rental units in their own homes. To inform new and existing homeowners with second suites, and small landlords, about rights, obligations and best practices.



Objectives:



- to promote development of new second suites;

- to promote improvements of existing second suites to at least minimum standards;

- to provide information to landlords and prospective landlords about:

- creation/improvement of second suites;

- the business of operating a second suite;

- rights and obligations of landlords and tenants; and

- developing and maintaining good landlord and tenant relationships;

- to provide information about City programs, rules and policies related to second suites including enforcement of standards, registration, and financial and/or other incentives;

- to foster linkages between homeowners with second suites and organizations which provide support to landlords and to tenants seeking affordable housing; and

- to ensure the education program is developed in consultation with landlord and tenant organizations and meets the following criteria:

- can be delivered by community organizations and others locally;

- is available in a timely manner; and

- will remain up-to-date, and subject to ongoing improvements.



Stakeholders:



Homeowners/Homeowners with existing second suites

- direct education



Landlord and Tenant Organizations

- can deliver education program, provide input into development of program including ongoing improvements

- part of ongoing linkages with homeowners for such supports a suite registries, placement of tenants, mediation supports, business advice/information, etc.



Real Estate, Banking, Insurance, Building industry

- input and education about City initiatives

- encouragement to support initiative



City Departments (City Planning, Shelter Housing & Support, Fire Services, Municipal Licensing and Standards, Buildings/Chief Building Official)

- content input

- may assist with delivery

- funding (recommended through Shelter Housing & Support using allocation from Mayor's Homelessness Initiatives Fund)



Provincial and Federal Governments

- awareness of City initiatives



Timing:



The program would begin in late fall, after the "as-of-right" by-law has been approved, and after the harmonized property standards by-law has been approved. These two by-laws form a critical part of the education program, and it makes sense to wait until they are implemented before rolling out the program.



The first wave of program delivery would initially be offered on a smaller scale in fall/winter 99 to permit evaluation and improvements should the program be extended. Estimate 3 to 5 sessions with class sizes about 20 - 25 each, to be offered in various City locations.



Program Design:

Program design and delivery will be developed with assistance of representatives from Housing Help Centres and Landlord Self-Help. Both organizations have a history of working with homeowners who have second suites. Landlord Self-Help provides legal assistance to low income landlords. Housing Help Centres focus on placing tenants in affordable units and providing support to both the landlord and tenant to maintain the tenancy over the long term.



It is recommended that the City provide funding, through a purchase of service agreement, to a partnership of Landlord Self Help and Housing Help Centres, to develop written materials and deliver information sessions. Initially classroom training would not be extensive and would be done on a pilot project basis. If the program is successful, some form of longer term education program and longer term funding may be required.



In addition, staff will seek input from other stakeholders including the real estate, banking, insurance and building industries with respect to content and deliver of the education program.



Principles:

- local delivery wherever possible for purposes of convenience which may spur increased participation

- local landlord and tenant organization involvement in delivery wherever possible to foster linkages and ongoing support

- multiple methods of delivery and multi-media (written materials including pamphlets and workbooks, web-site, class-room, etc.)

- multi-language and plain language as is possible

- understanding that operating a second suite is seldom the owner's full time job and can make demands



Products:



1. Creating a Second Suite (booklet / workbook)

- this project would be carried out by staff of Shelter Housing and Support, with assistance of various City departments, primarily because of the detailed and changing technical issues involved. Landlord Self Help and Housing Help would be consulted on content

- rules, processes and best practices for creating a new second suite

- information can also apply to bringing existing suites up to standards

- information about things to consider before creating a second suite

- references to other sources of information and contacts (e.g. video about fire safety)

- staff currently drafting booklet - first edition to be finalized after approval of second suite bylaw and harmonization of property standards

- the "workbook" component is intended to also serve as a guide for classroom training

- production costs (printing, translation) estimated at $3,000; this work will require future updates as changes in legislation, etc. occur



2. Operating a Second Suite (booklet / workbook)

- this project would be run by the partnership

- builds on information providing in "Creating a Second Suite"

- rules, processes and best practices for operating a second suite including the homeowner/tenant relationship, maintenance and eviction prevention

- contacts/supports information including the role of Housing Help Centres with respect to marketing of units and mediation of landlord and tenant problems

the "workbook" component is intended to also serve as a guide for classroom training

- recommend funding joint partnership between Landlord Self-Help and Housing Help Centres to research and prepare the booklet in the amount of $5,000 with an additional $3,000 for production costs (printing, translation); this work will require future updates as changes in legislation, etc. occur.



3. Living in a Second Suite (pamphlet)

- this project would be run by the partnership

- information for tenants of second suites about rights and obligations, with special emphasis on the distinctive relationship between tenants and homeowners, and maintaining a good homeowner/tenant relationship

- recommend funding joint partnership between Landlord Self-Help and Housing Help Centres to research and prepare the pamphlet in the amount of $1,000 (inclusive of production costs).



4. Various promotional materials

- this project would be carried out by staff

- media releases, fact sheets, pamphlets, etc. to promote second suites, provide information updates, etc.

- recommend these be prepared by staff, with budget of $3,000 for printing, translation and distribution costs



Delivery:



Classroom sessions for Landlords:

- the pilot curriculum

- regular information sessions in various parts of the City on a schedule to be determined based on funding available, timing of bylaw approvals, etc.; estimate 3 to 5 sessions Fall '99 with 20-25 people each

- sessions organized and delivered by a partnership of Housing Help Centres and Landlord Self Help. Recommend funding in the amount of $5,000 through a purchase of service to Landlord Self Help and Housing Help Centre partnership to conduct 5 information sessions beginning Oct. 99 in several City locations (may be more sessions - subject to negotiation of purchase of service agreement) (for pilot, sessions will likely concentrate on municipalities which already have accessory apts. as of right)



Information sessions for other stakeholders about initiative:

- as requested

- delivery by City staff, Councillors, Landlord Self-Help, Housing Help, as appropriate

- the purchase of service agreement with the partnership would include undertaking local area outreach to other stakeholders to promote initiative as part of the overall City staff lead communication initiative



Written Materials:



- Promotional materials to be multi-lingual with stock provided to landlord and tenant organizations, home-builder associations, Toronto Real Estate Board, etc.

- Booklets/Workbooks to be provided on request

- If approval given for registration program and/or financial/incentive program, the booklets/workbooks could be included as part of information outreach for those programs

- Homeowners encouraged to provide copy of tenant pamphlet to prospective/current tenants

Evaluation:



Staff will monitor and evaluate this program based on criteria such as feedback from clients, and will make recommendations about extending the program, delivery method, etc. next spring.



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The Planning and Transportation Committee submits the following report (June 30, 1999) from the City Clerk forwarding action taken by Etobicoke Community Council at its meeting held on June 23, 1999:



The Etobicoke Community Council at its meeting held on June 23, 1999:



(1) held an informal public meeting to obtain the views of the Etobicoke community with respect to second suites in single-detached and semi-detached houses; and



(2) referred the comments received from the following persons to the Planning and Transportation Committee for consideration at the July 12, 1999 public meeting on proposed amendments to the Official Plans of the former Borough of East York, Municipality of Metropolitan Toronto and Cities of Etobicoke, North York, Scarborough and York, and amendments to the Zoning By-laws of the former Borough of East York and Cities of Etobicoke, North York, Scarborough, Toronto and York in respect to second suites:



- Mr. Gunter Ganzhuebner, expressing a concern about on-street parking and a fear that front yards would be paved to accommodate additional persons;



- Mr. Donald Wheeler, noting that residents purchase their single-family properties expecting the neighbourhood to remain as such; expressing a concern that there will be extra vehicles and garbage on the street, posing a potential danger for children and removing the aesthetic and safety features of the area; suggesting the establishment of a "Neighbours' Bill of Rights" and a group to which tenants and landlords will be directed, as part of the lease agreement, for information pertaining to the City's by-laws, particularly in the instances of absentee landlords;



- Mr. Terry Reardon, noting in particular the need to strengthen the municipality's right of entry in order to enforce regulations;



- Ms. Elaine Bourke, strongly in favour of the proposed amendments as being important for seniors and single parents being able to maintain their own homes in terms of income and security, and the provision of affordable accommodation;



- Mr. Henry Baun, in favour of the proposed amendments, noting that intensification in other areas of the City has helped to enliven the communities and created neighbourhoods where people care about and help each other;



- Ms. Silvia Rosatone, in favour of the proposed amendments, as a way for residents to provide independent accommodation for family members; and



- Mr. Michael Savage, who expressed opposition to the proposed amendments, giving examples of problems in his own immediate neighbourhood, and stressed the need for enforceable regulations.



The Etobicoke Community Council also received the following communication in connection with the foregoing matter:



- (June 21, 1999) from Ms. Mary Campbell, President, Kingsway Sunnylea Residents' Association/KPRI, requesting that the issue of basement apartments and also the New Toronto Official Plan be revisited after the summer period to allow for appropriate input from constituents and ratepayer groups.



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The Planning and Transportation Committee also had before it the following communications which are forwarded to Council under separate cover:



- (June 28, 1999) from Robert Truman, Robert Truman & Associates, suggesting that Council not enact any by-law changes at this time and asking staff to establish some process of consultation with Toronto residents on the proposed by-law;



- (June 21, 1999) from Mary Latour Campbell, President, The Kingsway Sunnylea Residents' Association/KPRI, requesting a deferral of this matter until the Autumn;



- (June 28, 1999) from Terry Reardon, Director, Etobicoke Federation of Ratepayers' and Residents Associations, suggesting that a regulatory body be established to handle residents' complaints;



- (July 4, 1999) from Werner Mueller, expressing his concerns regarding second suites in single and semi-detached houses;



- (July 9, 1999) from Susan Nwosu, Coalition of Toronto Housing Help Centres, supporting the recommendations contained in the "Homelessness" report;



- (July 6, 1999) from Councillor Gloria Lindsay Luby, forwarding comments made by deputants at an informal public meeting held at Etobicoke Community Council on June 23, 1999;



- (July 7, 1999) from Ross Vaughan, President, Islington Ratepayers and Residents Association, expressing concern regarding health, safety, fire and maintenance of the units and requesting that these units be registered and reassessed for value and property taxes;



- (July 12, 1999) from Eric E. Parker, President, Lawrence Park-Bayview Property Owners Association, objecting to the proposed amendments based on concerns related to the impact on the city and its neighbourhoods, such as increased density, public health, crime increase and traffic problems;



- (July 9, 1999) from Councillor Michael Walker, requesting that this item be deferred and referred to the local Community Councils for further discussion and public deputations before going to City Council for final decision;



- (July 10, 1999) from Lower Banbury R.A., expressing concern on the addition of second suites;



- (July 11, 1999) from Cindy Weiner, President, St. Andrew's Ratepayers Association, expressing concern about the proposed Official Plan Amendments and Zoning By-law amendments;



- (July 12, 1999) from Mary Wahl, Acting President, Glenorrchy Resident's Association, outlining what impact second suites may have in their area;



- (July 12, 1999) from Geoffrey G. Mitchell, objecting to the proposed amendments and citing problems such as traffic and parking congestion, and additional fire hazards and requesting that this matter be postponed until the Fall;



- (July 11, 1999) from Bill Phillips, President, Lawrence Park Ratepayers' Association, registering the objections and concerns of his Association;



- (July 12, 1999) from the President, North Rosedale Ratepayers Association, requesting to be notified of the adoption of the Official Plan amendments;



- (July 6, 1999) from David Vallance, opposing the proposed Official Plan amendments and Zoning By-law amendments;



- (undated) from Geoffrey G. Mitchell, opposing the proposal to allow second suites in single and semi-detached houses;



- (July 12, 1999) from Councillor Ila Bossons, requesting deferral to hear deputations again in September;



- (July 12, 1999) from Marion Rethoret, Scarborough Homelessness Committee, expressing support for the proposed amendments to the Official Plan and the zoning by-law which, when legalized, would increase affordable rental units and supplement rental income;



- (July 12, 1999) from Doug Hum, Community Worker, Children's Aid Society of Toronto, expressing support for the creation of second suites and the legalization of existing units throughout the City, as well as the proposed educational and promotion information program for homeowners and tenants;



- (July 12, 1999) from William H. Roberts, Director, Swansea Area Ratepayers Group, objecting to the proposed amendments to the official plan and zoning by-laws to permit second suites. Some reasons cited refer to secondary suites as not becoming affordable to the homeless, the number of affordable starter homes would decrease, and parking would pose a problem;



- (July 12, 1999) from Margaret Hefferon, Caring Alliance, expressing support for the creation of second suites, and indicating that Caring Alliance has a commitment to the expansion of the stock of affordable housing;



- (July 12, 1999) from Shelley B. Ortved, President, Oriole Park Association, requesting a deferral of this matter until September;



- (July 12, 1999) from Barbara Hurd, Chairperson, Federation of Metro Tenants' Associations, supporting the legalization of second suites as a means of addressing the need for affordable housing, as well as the proposed education and information program, but opposing the registration program as not necessary as long as rigorous enforcement of health and safety standards is undertaken;



- (July 12, 1999) from Kenneth Hale, Community Legal Services and Elinor Mahoney, Parkdale Legal Services, supporting the proposed amendments and the education/information program, but not supporting the registration program; and



- copy of an overhead presentation given by staff from Urban Planning and Development Services.



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The following persons appeared before the Planning and Transportation Committee in connection with the foregoing matter:



- Marion Rethoret, Scarborough Homelessness Committee, expressed support for the proposed amendments to the Official Plan and the zoning by-law to permit second suites and advised that second suites would lead to more affordable rental units, and this new source of legal housing would increase affordable rental units and would supplement rental income;



- David Vallance reiterated the remarks made in his submission (July 6, 1999) which expressed concern that second suites will spread throughout all districts of the City, and ending by saying he felt it was a terrific plan because it will allow newcomers to Toronto to live anywhere in Metro;



- Carol Burtin Fripp, Leaside Property Owners' Association Inc., stated that she is in support of the legalization of second suites but was concerned about non-enforceability of safety requirements, parking and safety, and recommended periodic follow-ups;



- Doug Hum, Children's Aid Society of Toronto, expressed support for the creation of second suites and the legalization of existing units throughout the City, as well as the proposed educational and promotion information program for homeowners and tenants and stated that the creation and legalization of second suites would contribute significantly towards meeting the housing needs of Children's Aid client population;



- William Roberts, Swansea Area Ratepayers Group, objected to the proposed amendments to the official plan and zoning by-laws to permit second suites and cited reasons such as secondary suites not becoming affordable to the homeless, the number of affordable starter homes would decrease, and parking would pose a problem;



- Margaret Hefferon, Caring Alliance, expressed support for the creation of second suites and indicated that Caring Alliance had a commitment to the expansion of the stock of affordable housing;



- Paget Blaza, expressed support for the creation of second suites;



- John May, Scarborough Homelessness Committee, expressed support for the creation of second suites to allow for adequate living for young couples, widows and homeless people;



- Charles Young, representing the community at large as well as the business community, expressed support of the City's initiative and, besides considering it a moral issue, regarded it as a stimulant for increasing rental vacancies and advised that he also supported the education and information program;



- Peter Vanderyagt, Presbyterian Church, expressed his support for the creation of second suites but was opposed to the proposed registration program;



- George Teichman, objected to the proposed amendments on the basis that an exodus of residents from the City of Toronto to the outskirts of the GTA could take place;



- Geoffrey Mitchell, objected to the proposed amendments and cited problems such as traffic and parking congestion, and additional fire hazards;



- Debra Phelps, Scarborough Housing Help, expressed support for the proposed amendments and stated that the legalization of second suites would improve the relationship between landlord and tenant;



- Barbara Hurd, Federation of Metro Tenants, expressed support for the legalization of second suites as a means of addressing the need for affordable housing, and for the proposed education and information program and advised that the registration program was not necessary so long as rigorous enforcement of health and safety standards was undertaken;



- Doug Greaves and Bill Harridge, North Rosedale Ratepayers Association, objected to the proposed amendments;



- Michael Opara, Bedford Park Residents' Association, objected to the proposed amendments and cited such reasons as additional fire hazards and the need to preserve single family homes;



- Eric Parker, President, Lawrence Park, Bayview Property Owners' Association, objected to the proposed amendments based on concerns related to the impact on the city and its neighbourhoods and increased density, public health, crime increase and traffic problems;



- Susan Ainley, President, Lawrence Park-Bayview Property Owners' Association, objected for the same reasons cited by Eric Parker and indicated that proper and sufficient notification to the neighbours was not provided;



- Ken Hale, Tenant Advocacy Group, expressed support for the proposed amendments and the education/information program, but did not support the registration program and advocated follow-ups on tenants' complaints regarding safety standards, and regular inspections to achieve required health and safety standards;



- Councillor Michael Feldman;



- Councillor Michael Walker; and



- Councillor Ila Bossons.

 

   
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