Report to: Development Services Committee Report Date:
SUBJECT: Public Input on Proposed New Strategy for Second Suites
PREPARED BY:
RECOMMENDATION:
THAT the Report dated May 20, 2008 entitled “Public Input on Proposed New Strategy for Second Suites” be received; and
THAT the report be made available
to the public on the Town website and to those in attendance at the
EXECUTIVE SUMMARY:
On
On
Opportunities for the public to
learn more about the proposed new strategy were provided in the form of a
public open house held at the Civic Centre on
As a result, over 110 residents attended the public open house and over 25 written submissions have been received to this date. A copy of the public open house notice, staff presentation, and staff meeting notes is attached as Appendix ‘B’. Written submissions from the Town webpage and the public open house are organized chronologically in Appendix ‘C’. Also, at the request of Council, staff prepared a Frequently Asked Question handout which was made available on the website and at the open house. A copy of the FAQ document is attached as Appendix ‘D’.
This is a broad and complex issue,
with a divergence of public opinion. In
general, there was support from the majority of public comments received for
the increased regulation and permission of second suites throughout
Town staff recognize the value of
public interest and input into the proposed new policy for second suites. It is clear that a great deal of effort and
thought has gone into the preparation by
Opportunities for public review
and comment will continue to be provided at a statutory public meeting of the
Development Services Committee on
It is recommended this information
report be received by the Development Services Committee and made available to
the public on the Town website and to those in attendance at the
1. Purpose 2.
Background 3. Discussion 4. Financial
5. Others
(Environmental, Accessibility,
Engage 21st, Affected Units) 6.
Attachment(s)
PURPOSE:
To report on public input received from
the public open house and the Town website on a proposed new strategy for
second suites.
PUBLIC COMMENTS RECEIVED:
The Subcommittee on Second Suites
recommendations report was successful in drawing out public opinion on second
suites across
Comments on Permission for Second Suites
The proposed new strategy for
second suites contemplates an amendment to the Town’s zoning by-law
to add permissions for second suites in single detached and semi-detached houses
in residential areas throughout
To ensure the second suite is secondary to the principal
dwelling unit and large enough for human habitation:
•
the maximum gross floor area of the second suite
shall be no more than 45% of the gross floor area of the building
•
the second suite must be at least 35 m2 (375
sq. ft.)
To ensure the second suite is inconspicuous from the
street and doesn’t change the character of the dwelling or the neighbourhood:
•
only one dwelling unit in the building may have a door(s) in a wall
facing the street,
and
•
no additional parking will be required for the second suite, and all
parking must be provided consistent with the Town’s Parking By-law.
A
copy of the draft zoning by-law amendment will be made available prior to the
May 20th Statutory Public Meeting of the Development Services
Committee.
Controlling Who Occupies a
Dwelling:
Some residents expressed concerns
with the impact of permitting second suites with respect to changing the
character of what they perceive to be their single family neighbourhood. Some suggested that the permission should
only be extended to new neighbourhoods, or certain existing neighbourhoods
where by referendum the existing residents have agreed to it. Some also expressed concern regarding “who” might
occupy a second suite.
The concept of single family
housing, or single family neighbourhood, was common place at one time when some
municipalities attempted to control residential occupancy through zoning
restrictions on the number of persons, or their relationship to each other.
However, the Ontario Planning Act now specifies that municipalities may not restrict who may occupy a dwelling unit by provisions in a zoning by-law. Attempts to enact such restrictions have resulted in Court decisions that identify these measures as “oppressive and unreasonable”.
The Planning Act has since been amended to
specifically exclude any authority “to pass a by-law that has the effect of
distinguishing between persons who are related and persons who are unrelated in
respect of the occupancy or use of a building or structure … including the
occupancy or use as a single housekeeping unit” (section 35(2)).
In addition, the evolving
demographics of Canadian Society reflect an ever-widening range of household
preferences, in terms of residents’ personal relationships and their choices in
how they organize their living arrangements.
Many new forms of dwellings have emerged to respond to new housing needs
and preferences, including the use of existing dwellings to accommodate
different household arrangements. Second
suites are one such response. The decision
by many property owners to introduce a second suite into an existing dwelling is
a reality, notwithstanding zoning provisions to the contrary.
Assessed Value of
a Dwelling:
Altering a dwelling
to create a legal suite will increase the market value of the dwelling in a
manner similar to that of adding a finished basement. There is effectively no
difference in the value of a dwelling with a finished basement and one with a
basement finished as a second suite.
The City of
Where the increase in total property value is greater than 5%, MPAC will increase the assessed value of the house for taxation purposes. Improvements are tracked through building permits and the reassessment process. Assessment of residential class properties takes account of improvements, but does not include a consideration of how the improved space is used or rental income. There are no records of property value assessments declining as a result of second suites.
Providing Equitable Zoning
Permission:
Town-wide zoning in existing and
new development would provide consistent zoning for second suites across
There is no planning rationale to
suggest that if second suites can be permitted in one neighbourhood they should
not be permitted in another.
Introducing a new zoning
permission for certain wards or new development only would result in an
inequitable treatment of residents across
Previous experience with zoning
based on Wards has also demonstrated problems as Ward boundaries change.
After a thorough review of the legal and planning issues raised by the suggestion of a public referendum, the conclusion reached by the Town Solicitor, is that it would be inappropriate for the following reasons: 1) a referendum is ineffective in terms of ensuring that a community consensus has been reached; 2) it is not a process permitted by or provided for in the Planning Act; 3) there is no demonstrable need for a referendum; and 4) a binding referendum would interfere with the legislative role assigned to Council.
It would also be resource intensive for the Clerk to
administer a street referendum on a Town-wide basis.
Controlling the Number of Persons Who Occupy a Dwelling:
Other residents expressed concerns
with the number of additional residents that would be generating by permitting
second suites and the impact of those additional residents on key services such
as road, water and sewage systems and community centres, schools and libraries.
There is no legal basis for a municipality to justify
placing an upper limit on the number of persons who may occupy a residential
dwelling. The Building Code Act, 1992 grants authority to
municipalities to enact by-laws for the purpose of enforcing municipal property
standards, however these by-laws are subject to the same condition as zoning
by-laws, that they not have the effect of distinguishing between persons who
are related and those who are unrelated (section 15.1). While the
regulations of the Building Code Act, 1992 include requirements for
commercial buildings that limit occupancy based on a calculation of a minimum
floor area per occupant, and associated requirements for a minimum number of
sanitary facilities and other facilities, there are no such requirements for
residential dwelling units. The regulations state that a residential
dwelling unit shall have sanitary and other facilities, but no restrictions on
the number of persons that may use them, or limitations of the amount of floor
area that they may be said to adequately service.
“Overcrowding” complaints are often actually complaints
about noise, property standards, parking problems etc., which may arise with or
without second suites. These impacts are
regulated by separate Town by-laws that are presently enforced and will
continue to be enforced if the second suite amendments are enacted.
Impacts on Services:
Most demand for utilities and services is based on household
consumption. However, the number of persons per unit varies broadly and is not
directly proportional to the existence of a second suite. A dwelling with a
second suite may have only marginally more people than single unit dwellings
since the households in second suites tend to be smaller (seniors, young
adults, singles, single parent families, etc.) Second suites also tend to have fewer
school-age children living in them than single household dwellings.
The service consumption for a household with a second suite (eg. water and sewage, recycling and garbage collection) does not result in a demand beyond the design capacity of the average household.
As a structure with a second suite may have only marginally more people than single unit dwellings, it is also not anticipated that there will be an undue burden on the neighbourhood park system. With respect to recreation programs, the programs occur in locations across the Town and are community rather than neighbourhood oriented (ie. the current model is to build large scale, community wide, multi purpose recreation centres). Therefore, increases in population regardless of whether it occurs from new development, intensification, second suites, etc. will determine the demand for the for new or expanded facilities or additional program offerings at current locations. Second suites, in of themselves, will not create a situation from a recreation program standpoint that cannot be accommodated in the Town’s normal course of planning for growth.
Residents of second suites may, in part, offset the normal
decline in average household sizes as the demographics of the Town’s population
change over time. Maintaining
neighbourhood populations ensures full use of the housing stock, supporting
infrastructure and community services.
Comments from
The phenomenon of multiple
families per dwelling unit is one which the school board is aware of in certain
areas throughout the Region. If
additional students are generated above the average yield, the impact can be a
positive one if available pupil places exist at the local school. This can be particularly helpful in older,
established communities where the local school is experiencing some decline in
enrolment. Where newer communities are
still approaching peak enrolment, pupil yield from second suites would have to
be carefully monitored to determine impact on local schools.
The Board undertakes its own
review of pupils by housing type across the Region, particularly when changes
impact the number of families per unit.
This information is crucial to ensure that the appropriate school
accommodation is in place should it be required. If the Town of
Comments on Regulation of Second Suites
Many felt that zoning permission
for second suites should not be imposed on existing homes in their
neighbourhood. However, many also felt
that second suites will continue to exist regardless of the lack of permission
in the zoning by-law and that it was preferable to be able to regulate second
suites through appropriate zoning permission.
A record of second suites
identified and registered within the Town generally indicates that second
suites are located in most if not all neighbourhoods throughout the Town. It is likely that second suites will continue
to be present and added throughout
The success of the proposed new
strategy for second suites is reliant on
‐
zoning permission;
‐
mandatory inspection
and registration;
‐
enforcement of
driveway and parking standards by-laws and property standards;
‐
educating landlords,
tenants, real estate agents, and the general public on regulatory
procedures; and
‐
monitoring the
re-inspection and renewal of registration for second suites at regular
intervals.
Zoning permission will provide
less of a deterrent to homeowners who want to create a legal second suite which
is properly inspected and registered with the Town.
Re-inspection and registration
every three years or upon change of ownership will increase landlord
accountability for compliance will all building and fire safety codes, zoning
and property standards, including driveway width and parking standards. Enforcement of zoning and property standards
by-laws and driveway width and parking standards is essential.
A public education program will
increase public knowledge of second suites and ensure the highest level of
customer service by:
- educating residents about the benefits of
second suites;
- providing information on how to register a
second suite;
- promoting registration including an
incentive program; and
- promoting life safety and encouraging
compliance.
An 18 month monitoring program
will measure the success of the strategy and report on any further changes
required to the strategy components by tracking:
-
inspection and
registration including the effect of an incentive program;
-
internal property
standards inspections;
-
registration renewal; and
-
the need for licensing
in the future.
Municipality’s Authority to
Regulate:
The Town’s control over second
suites is limited by provincial legislation to certain building types,
development, building and fire safety codes, property standards and registration
requirements.
The Town has authority to
establish:
-
where second suites
shall be permitted in the Town and in what type of dwellings;
-
development standards
such as minimum unit size, parking standards, external appearance of main
dwelling, etc.
-
Building Code (where
applicable) and Fire Code and Property Standards By-law requirements; and
-
Inspection and
registration requirements (ie. a Registration By-law for second suites can
increase landlord accountability for compliance with codes and by-laws)
The proposed new policy will
introduce greater regulatory control in all of the above areas where the Town
has authority to establish greater controls over second suites.
The ability of municipalities to
license second suites and regulate the activities of homeowners with second
suites is currently being tested in the City of
Amending the Town Registration
By-law for Second Suites:
In Markham there is a Registration
By-law for second suites that requires that all two-unit residential dwellings
must be inspected to ensure compliance with all relevant standards as set out
in the Ontario Building Code and Fire Code, as well as compliance with all
zoning and property standards.
To be established, new second
suites permitted through zoning would require a building permit, which
automatically requires compliance with Building Code and Fire Code
regulations. Introducing new zoning
provisions to permit second suites will increase the likelihood that legally
established second suites will be inspected and included in the Town’s registry
of fire safe accommodation.
There is a concern that once a
house with a second suite is inspected and registered with the Town, building
and safety codes and zoning and property standards may not continue to be
upheld, particularly if there are absentee landlords or new owners unaware of
the registration requirements.
By amending the Town’s
registration by-law to:
-
require re-inspection
and registration renewal (every three years or upon change in property
ownership)
-
revoke any registration
where the property is not in compliance
the opportunity for improving life
safety of residents in houses with second suites is maximized and the
accountability of landlords for compliance with building and fire safety codes
is increased.
FINANCIAL CONSIDERATIONS:
There are no direct financial considerations at
this time. If the Development Services Committee determines that further action
is to be recommended to Council, based on the recommendations of the
Subcommittee, further budget approvals may be required before the actions
required to implement a new Strategy for Second Suites may proceed.
BUSINESS UNITS CONSULTED AND AFFECTED:
Staff from Fire, Building,
Planning, Legal, By-law Enforcement, Clerks and Corporate Communications were
consulted on the discussions outlined in this report.
RECOMMENDED BY:
_________________________________ __________________________________
Jim Baird, M.C.I.P., R.P.P Valerie Shuttleworth, M.C.I.P., R.P.P.
Commissioner of Development Services Director of Planning and Urban Design
ATTACHMENTS:
Appendix A -
Suites Recommendations Report
Appendix B - Notice of
Presentation,
Appendix C – Town Webpage and Comment Link, Public Comments from Webpage and
Public Open House Comment Sheet
Appendix D – Frequently Asked Questions
Q:Development/Planning/MISC/MI464/Second
Suites/Public Input on Proposed New Strategy for Second Suites