June 14, 1999
To:Planning and Transportation Committee
From:Commissioner of Urban Planning and Development Services
Subject:Draft Official Plan Amendments and Zoning By-law Amendments to Permit Second Suites As-of-Right
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 PatersonMatt Rea
Principal PlannerPlanner
(392-7863)(392-8124)
Reviewed by:
Paul J. BedfordVIRGINIA M. WEST
Executive Director and Chief PlannerCommissioner of Urban Planning
City Planning Divisionand Development Services
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.
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)
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:
"2.5.22Second 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:
3.1.8Within 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:
"2.72.7Second 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,
MayorCity 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,
MayorCity 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:
1.1adding 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).
1.2deleting "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".
1.3adding "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;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:
2.2.1.3Notwithstanding 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,
MayorCity 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
