City of Welland: Residential / Housing

The information provided in this brochure is very general information compiled from a variety of provincial and municipal sources and as such the City cannot guarantee its correctness. The following information is provided for convenience only and recourse should be made to all original applicable laws to determine whether any premises can be used for the purposes existing or proposed.

1. LAWS AND REGULATIONS

1.1 Provincial Laws

Planning Act

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

Municipal Act

gives municipalities authority to pass by-laws for:
- registration of 2 unit houses (apartments in houses)
- licensing certain activities, premises and businesses
defines a “residential unit”

Fire Protection and Prevention Act

provides for the fire safety of all existing premises
creates a province-wide Ontario Fire Code which includes retrofit requirements:
- 9.3 Boarding, Lodging and Rooming Houses
- 9.4 Health Care Homes
- 9.5 Low-Rise Multi-Residential Buildings
- 9.6 High-Rise Multi-Residential Buildings
- 9.8 Two-Unit Residential Buildings

Building Code Act

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

1.2 Municipal Laws

Zoning By-laws

specifies uses permitted on lands, properties and in buildings
defines different types of dwellings and residential buildings
for further information refer to City brochure “Zoning By-law”
R1, R2, R3, RR1 and RR2 Zones permit Single-Detached Dwelling only (ie a detached house)
RM1, RM2, RM3, RM4, and RA Zones permit a Single-Detached Dwelling and other types of multiple residential dwellings and uses as described (refer to the provisions of the Zone)
critical for the property owner to determine the zoning of the land before permitting or proposing land or building use on the property

Licensing / Registration By-laws

City license is required to operate a Lodging House for 3 or more persons
City is investigating the licensing of Group Homes, Bed and Breakfasts, and the registration of 2 unit houses

2. RESIDENTIAL DWELLINGS

2.1 Basic Dwelling Unit Definition

The Municipal Act and Zoning By-law definition for a residential unit or “Dwelling Unit” includes the following characteristics:

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

2.2 Types of Residential Dwellings

Below are the traditional types of residential dwellings which are typically permitted in Residential Zones only.

Single-Detached Dwelling
A separate residential building containing only 1 Dwelling Unit (ie a house).

Semi-Detached Dwelling
The whole of a building divided vertically into 2 single Dwelling Units by a solid common wall extending throughout the entire structure, from the base of the foundation to the highest point of the roof line with each unit having an independent entrance directly from the outside.

Townhouse
A building divided vertically into not less than 4 and not more than 8 attached, non-communicating Dwelling Units.

Street Townhouse
A Townhouse with each Dwelling Unit on a separate lot with frontage on a street.

Duplex
The whole of a building divided horizontally into 2 separate Dwelling Units, each of which has an independent entrance.

Triplex
The whole of a building divided into 3 separate Dwelling Units, each of which has an independent entrance, either directly from outside or through a common vestibule.

Fourplex
The whole of a building divided into 4 separate Dwelling Units, each of which has an independent entrance, either directly from outside or through a common vestibule, but does not include a Townhouse or Street Townhouse.

Apartment Building
The whole of a building containing 5 or more Dwelling Units and which has a single common entrance.

3. OTHER TYPES OF RESIDENTIAL LODGING

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

Boarding/Lodging House
A Boarding or Lodging House is defined in the Zoning By-law as “a dwelling in which the proprietor supplies, for gain lodging, with or without meals, to more than 3 persons, but does not include a Group Home, Hotel, Hospital, Nursing Home, or other establishment otherwise classified or defined in this By-law”.

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

the building height does not exceed 3 storeys and the building area does not exceed 600 m2
lodging is provided for more than 3 persons in return for remuneration or the provision of services or both, and
lodging rooms do not have both bathroom and kitchen facilities for the exclusive use of individual occupants

Bed and Breakfast
A Bed and Breakfast is permitted in a Single-Detached Dwelling occupied by the owner and used incidentally for commercial purposes to provide overnight accommodation and meals to the traveling and vacationing public, but does not include a Boarding or Lodging House, Hotel, Hostel, Group Home or other establishment otherwise classified or defined in this By-law.

Group Home
A Group Home is defined in the Zoning By-law as a Dwelling Unit in a Residential Zone in which 3 to 6 residents, who require specialized, personal care, live under responsible supervision.

A Group Home is not defined in the Ontario Fire Code, but the Code regulates most types of care facilities under section 9.4 or 9.3. There are Fire Code exemptions for residential occupancies regulated under the Ministry of Community and Social Services.

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

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

4. HOUSING EXCEPTIONS/OPTIONS

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

4.1 Boarders

Nothing in any of the laws above can prevent the keeping of not more than 2 roomers or boarders in any Single-Detached Dwelling, Semi-Detached Dwelling, Triplex, Fourplex or Townhouse. On the east side of the new canal, the provision is similar but worded somewhat differently.

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

4.2 Two Unit Houses

Notwithstanding any existing City Zoning By-law in Ontario, the Province of Ontario has amended the Planning Act as follows:

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

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

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

For further information refer to City brochure “Apartments in Houses”.

4.3 One Dwelling Unit

Notwithstanding any existing City Zoning By-law in Ontario, the Province of Ontario has amended the Planning Act as follows:

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

This amendment resulted from changes in the traditional family whereby it became impossible to restrict previous “Single-Family Zones” to persons who were related, without promoting discrimination. The change necessitated the concept of a Single-Detached Dwelling and a Single Dwelling Unit.

Unrelated persons can live together in a Single Detached Dwelling or in 1 Dwelling Unit provided the manner in which the building is used complies with the definition of a Dwelling Unit previously described in this brochure. A key feature is using the unit as a “single housekeeping unit in which no occupant has exclusive possession of any part of the unit”. This clearly implies a group sharing arrangement where no rooms are locked and where everyone has equal access to all areas. Bathrooms and kitchens are shared as in a traditional family. A proprietor cannot live at the premises and exercise control over tenants.

The concept was tested recently in a St. Catharines Court Case where several unrelated students rented a “detached house” as a group. The Court determined that since all students as a group leased the complete house under one Tenancy Agreement with a single monthly lump sum rental payment, it should properly be defined as a Single Detached Dwelling and not a Boarding, Lodging or Rooming House. The Justice further stated that social concerns such as noise, parking, traffic and littering should be dealt with by the by-laws specifically passed for those purposes and not by land use by-laws.

The Fire Department has requested the owner and occupants to contact the City Fire Prevention Officers in any case, to review the fire safety issues of such houses with respect to the Fire Code.

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