Secondary Dwelling Units in Greater Sudbury
New Provisions in the City of Greater Sudbury
On July 12, 2016, City Council approved the amendment to the Official Plan and Zoning By-law 2010-100Z to permit Secondary Dwelling Units within the City of Greater Sudbury. This follows The Strong Communities through Affordable Housing Act, which requires that municipalities across Ontario amend their planning documents to facilitate the creation of secondary units. Secondary dwelling units provide a form of affordable housing and help owners offset the cost of homeownership. http://www.qreatersudburv.ca/business/zoninq-bv-laws/ What is a Secondary Dwelling Unit? A secondary dwelling unit is a separate living space with a kitchen, bathroom, sleeping and possibly shared laundry facilities or a space with the required connections and hook-ups, located on the same property like your house (detached, semi-detached, row or street townhouse). You can live in it, allow your family members to live in it, or rent. It cannot be severed from a lot of the primary dwelling unit and/or sold. There are three different types that may be constructed in the City of Greater Sudbury;
SECTION 2: Types of Secondary Dwelling Units
2.a) Within A Primary Dwelling Unit (Interior Alteration) • Located within existing house • Laundry room may be private or shared For example basement apartment • Must be registered under the City of Greater Sudbury Secondary Dwelling Units Registration By-law 2017-14 2.
b) Attached Secondary Dwelling Unit (Addition) • Attached to existing house • Laundry room may be private or shared • Must be registered under the City of Greater Sudbury Secondary Dwelling Units Registration By-law 2017-14 2.
c) Detached Secondary Dwelling Unit (Accessory Structure) • Located in a detached accessory structure • For example a detached garage, new accessory structure or addition to accessory structure • Laundry facilities must be within accessory structure • Must be registered under the City of Greater Sudbury Secondary Dwelling^ Units Registration By-law 2017-14
SECTIONS 3: Zoning Requirements for Creating a New Secondary Dwelling Unit There are basic requirements that must be met before an authorized secondary dwelling unit can be created. Before constructing a new secondary dwelling unit, your property must meet the following requirements:
1. The primary dwelling unit must be a single-family, semi-detached, row or street townhouse dwelling or a building accessory thereto;
2. Only one secondary dwelling unit will be permitted per lot;
3. The exterior facade cannot have an additional entrance facing a public road or an additional exterior entrance above the first storey;
4. No additional exterior stairs or stairwells for entrances below finished grade along a wall facing a public road;
5. The property must be able to accommodate an additional parking space;
6. Secondary dwelling units in accessory buildings on Rural, Agricultural and Rural Shoreline Zones cannot exceed 45% of the gross floor area of the primary dwelling and must be located no more than 30 metres from the main house at their closest;
7. Secondary dwelling units in accessory buildings cannot be in the form of a mobile home dwelling in all Residential, Commercial and Future Development Zones;
8. Secondary dwelling units in accessory buildings may be in the form of a mobile home dwelling in Rural, Agricultural and Rural Shoreline Zones;
9. On lots in residential zones that do not abut a shoreline, accessory buildings or structures containing a secondary dwelling unit shall only be permitted in a rear or interior yard;
10.The secondary dwelling unit must be registered as stated in the “Registration of Secondary Units” By-law 2017-14 4
3. b) When am I not allowed a Secondary Dwelling Unit? Secondary dwelling units are not permitted:
1) Within a dwelling that is deemed to be a permitted use in Section 4.16 of CGS Zoning By-law 2010-100Z;
2) Within a dwelling located in an Environmental Protection (EP) Zone;
3) Within a dwelling that is permitted accessory to a permitted nonresidential use in Section 4.40.2 of CGS Zoning By-law 2010-100Z;
4) On a lot containing a garden suite; or
5) Within a building or structure accessory to 1), 2) or 3) above.
3. c) What Is Legal Non-Conforming Status and how is it obtained? Legal non-conforming status applies to use that was legally established prior to the passage of a zoning by-law which no longer provides that use. In order to apply for legal non-conforming status, a lawyer must send a letter requesting that the dwelling be reviewed for legal non-conforming status, provide evidence to prove that the second unit has continued to be in existence prior to any zoning by-law being in place and provide the required fee. Once a request for legal non-conforming status has been submitted, an investigation of all City of Greater Sudbury records and any other available records will be assessed to determine if the legal non-conforming status will be granted by the Chief Building Official. If a legal non-conforming status is granted, the owner will need to contact the City of Greater Sudbury Fire Prevention Services to request a fire retrofit inspection and pay the required fee. Fire safety requirements for an existing secondary unit are found in the Ontario Fire Code, Section 9.8 “Two Unit Residential Occupancies”. Further upgrading may be required and a building permit may be required to start that work. If a legal non-conforming status is not granted, the owner will be required to obtain a building permit and follow the requirements in Section 5.
SECTION 4: How Do I Legalize A Secondary Dwelling Unit 4.
a) For new secondary units created after July 12, 2016:
i. Confirm that the proposed secondary unit is permitted in Zoning By-law 2010-100Z.
ii. Apply for a building permit to create a new secondary dwelling unit that complies with the Ontario Building Code.
iii. Once the building permit is issued, the accessory dwelling unit is constructed and an occupancy inspection has been conducted and there are no outstanding items prohibiting occupancy other than registration, you can apply for registration of the secondary dwelling unit. iv. Once registration is obtained from the City of Greater Sudbury, the owner can obtain an occupancy permit and the unit can be occupied.
4. b) For secondary units created prior to July 12, 2016:
i. Confirm that the current Zoning By-law would permit the illegal secondary unit.
ii. There are two ways to determine if the secondary unit is legal; Obtain a legal non-conforming status by the Chief Building Official or obtain a building permit to legalize the secondary unit.
iii. If the Chief Building Official determines that the secondary unit has legal non-conforming status, the owner must obtain a fire retrofit inspection and be in compliance with the Fire Code. Further upgrading of the secondary unit may be required and you may need to obtain a building permit. Proof of compliance will be required for registration of the secondary unit. 6
SECTION 4. c): How Do I Make My Secondary Unit Legal?
For all Secondary Dwelling Units: Confirm that the current Zoning Bylaw would permit the legal or illegal secondary dwelling unit For Units Created after July 12, 2016: For Units Created before July 12, 2016: Apply for and obtain a building permit to create a new secondary dwelling unit that complies with the Ontario Building Code Obtain legal non-conforming status by the Chief Building Official (see Section 3. c) for the process) Obtain an occupancy inspection with only registration outstanding Apply and pay for the registration of the secondary dwelling unit Once registration has been obtained from the City of Greater Sudbury, the unit can be occupied. If determined legal nonconforming by Chief Building Official, the owner must obtain a fire retrofit inspection and be in compliance with the Fire Code. Further upgrading of the secondary unit may be required and you may need to obtain a building permit. Proof of compliance will be required for the application to register the secondary unit. If unable to obtain legal nonconforming status, you must obtain a building permit to legalize the secondary unit following procedures for secondary dwelling units created after July 12, 2016 Once registration has been obtained from the City of Greater Sudbury, the unit is now considered legal. 1. Provide proof of Building Permit; 2. Proof of Fire Retrofit Inspection may be required: 3. Apply and pay for registration.
SECTION 5; Ontario Building Code Requirements for Creating Secondary Units I-
Creating a Secondary Unit in a New House or New Accessory Building
All provisions in Part 9 – Ontario Building Code (OBC) are required to be incorporated in your design as listed in the “Checklist for Creating a Secondary Dwelling Unit”
2. Renovations to Buildings Less Than Five Years Old All provisions in Part 9 – Ontario Building Code (OBC) are required to be incorporated in your design as listed in the “Checklist for Creating a Secondary Dwelling Unit”
3- Renovations to Buildings More Than Five Years Old Part 11 – Compliance Alternatives for Residential Occupancies will apply to these houses and will provide some relief with respect to the Ontario Building Code. Part 11 provisions of the Ontario Building Code will be required in your design as listed in the “Checklist for Creating a Secondary Dwelling Unit”
4. New Additions to Existing Buildings All provisions in Part 9 – Ontario Building Code (OBC) are required to be incorporated in your design for the new addition as listed in the “Checklist for Creating a Secondary Dwelling Unit” Part 11 – Compliance Alternatives for Residential Occupancies will apply to the existing building.
5. Designer Requirements The owner or a qualified designer with a Building Code Identification Number (BCIN) will be required to provide a design for your secondary unit, meeting all applicable Ontario Building Code requirements to the satisfaction of the Chief Building Official.
The following items should be checked when preparing an application for a secondary dwelling unit. Although every application is different, this list should represent the bulk of the items that are to be checked.
Note: Where compliance cannot be attained through OBC Part 9, OBC Part 11 can be utilized if the dwelling has been in existence for 5 years or more (Refer to Schedule 1 for descriptions of Part 11 Compliance Alternatives) ■ -. CODE REFERENCE PART 11 – Compliance Alternative Fire-Resistance Rating ■ 1 Floor assembly between the two dwelling 18.104.22.168 0152 units is to be a 45 min fire rated separation 22.214.171.124 0147 0 Structural elements supporting fire-rated assemblies are to have a 45 min fire rating 126.96.36.199 0147 Wall assemblies around the service room oO and other common areas (i.e. public 188.8.131.52 0152 corridors, common laundry room) are to be a 45 min fire rated separation 184.108.40.206 4 Exit enclosure is to be a 45 min fire rated separation 220.127.116.11 0121 Sound Transrnissmft^ting – > – – r 1 Wall and floor assemblies separating the two dwelling units are to have a 50 STC 18.104.22.168 n/a Note: 1rhis is only if the ceiling requires renovations. If no renovation is required, then-current STC is acceptable. – Number Exits and- ExposureV-> 1 Minimum of one exit to the exterior is to be 22.214.171.124 126.96.36.199 188.8.131.52 0134 provided 0136 2 Exit stair to be protected from fire exposure 184.108.40.206 220.127.116.11 n/a Roorri-Size and Dimensions’, v 1 Room sizes, doorway sizes and ceiling 9.5 0102 0103 heights 0104 Windows^and^Spatial Separation 9.7 0107 1 Window sizes 0108 2 Bedroom windows 18.104.22.168 0137 3 Spatial separation 9.10.15 0171 0172 Alarms ”’>, 1 Smoke alarms 9.10.19 0175 2 Smoke alarms required in all shared means of egress and in all common areas 22.214.171.124 n/a 3 Carbon monoxide alarms 9.33.4 0197 H&atina:-~Ventilationl& Air. CpnditionihiMHVAO’itAiiiMi. 1 Heating system 9.33 0195 2 Ventilation 9.32 0194 9
Schedule 1; Part 11 Compliance Alternatives Checklist for Creating a Secondary Dwelling Unit Ontario Building Code (OBC) Compliance The following items should be checked when preparing an application for a secondary dwelling unit. Although every application is different, this list should represent the bulk of the items that are to be checked. Note: Where compliance cannot be attained through OBC Part 9, OBC Part 11 can be utilized if the dwelling has been in existence for 5 years or more Compliance Alternative Resistance Rating 1 Cl 52 C147
(a) Except as provided in (b) and (c), 30 min fire separation is acceptable.
(b) In a house, 15 min horizontal fire separation is acceptable where (i) Smoke alarms are installed in every dwelling unit and in common areas in conformance with Subsection 9.10.19., and (ii) Smoke alarms are interconnected
(c) in a house, the fire-resistance rating of the fire separation is waived where the building is sprinkled. 2 C147 Same as item 1 3 Cl 52 Same as item 1 4 C121 Except as permitted in C.A. C136, in a building containing not more than four dwelling units or suites, one exit need not be separated from the remainder of the building at the first storey where there are once or more other exits complying with C.A. C122. Cl 22 30 min fire separation acceptable. NumbefdfExitsmdi£^msure – –r ‘, 1 Cl 34 Cl 36 In a house, exit requirements are acceptable if at least one of the following conditions exists:
(a) A door, including a sliding door, that opens directly to the exterior from a dwelling unit, serves only that dwelling unit and has reasonable access to ground level, and the dwelling units are equipped with smoke alarms installed in conformance with Subsection 9.10.19
(b) An exit that is accessible to more than one dwelling unit and provides the only means of egress from each dwelling unit, provided that the means of egress is separated from the remained of the building and common areas by a fire separation having a 30 min fire-resistance rating and provided further that the required access to exit from any dwelling unit cannot be through another dwelling unit, service room or another occupancy, and both dwelling units and common areas are provided with smoke alarms that are installed in conformance with Subsection 9.10.19 and are interconnected, or
(c) Access to an exit from one dwelling unit which leads through another dwelling unit where. Schedule 1: Part 11 Compliance Alternatives Compliance Alternative.Number of Exits and Ex^osi/re ?? 1 C134 C136
(i) An additional means of escape is provided through a window that conforms to the following:
(A) The sill height is not more than 1,000 mm above or below adjacent ground level,
(B) The window can be opened from the inside without the use of tools,
(C) The window has an individual unobstructed open portion having a minimum area of 0.38m^ with no dimensions less than 460 mm,
(D) The sill height does not exceed 900 mm above the floor or fixed steps,
(E) There the window opens into a window well, a clearance of not less than 1,000 mm shall be provided in front of the window, and
(F) Smoke alarms are installed in every dwelling unit and in common areas in conformance with Subsection 9.10.19. and are interconnected. Room Size and Dimensions -4.. A. 1 ‘*-^57′ -f– 1 C102 In a house,
(a) Minimum room height shall not be less than 1,950 mm (6’- 5”) over the required floor area and in any location that would normally be used as a means of egress or
(b) Minimum room height shall not be less than 2,030 mm (6’- 8”) over at least 50% of the required floor area, provided that any part of the floor having a clear height of less than1,400 mm (4’-7”) shall not be considered in computing the required floor area. C103 Door may be lesser heights to suit ceiling heights. C104 Existing acceptable provided not less than 600 mm. Windows and Sp’atiai Separation .i” ” 1 C107
(a) Where windows are not used as means of egress and where they do not conflict with ventilation requirements, the minimum glass areas as shown in Table 126.96.36.199. maybe reduces by 50%, and
(b) An existing room converted to an interior room, created by an addition, shall not require a window, provided there is an opening in a dividing wall occupying not less than 30% of the separating plane to an adjoining room, where the adjoining room has a minimum of 5% window area of the combined floor areas, and provided the required ventilation for the combined room is maintained. C108 Existing is acceptable 2 C137 In a house, existing is acceptable, where there is direct access to the exterior 11 Schedule 1: Part 11 Compliance Alternatives Compliance Alternative C171 Where an addition to an existing residential building has its exposing building face further distant from the line than the existing exposing building face and the limiting distance is at least 1,200 mm (4’-0”) the total area of allowable unprotected openings may be determined under Sentence 188.8.131.52.(2) or 184.108.40.206.(2) for the combined new and existing exposing building faces and,
(a) Where the exiting exposing building face has no unprotected openings or the existing unprotected openings are to be filled in, the total allowable area of unprotected openings may be installed in the new exposing building face, or
(b) Where the existing unprotected openings are to remain,
(i) Their area shall be deducted from the total allowable area of unprotected openings, and the balance may be installed in the new exposing building face, and
(ii) Sentences 220.127.116.11.(3) and 18.104.22.168.(2) or Sentences 22.214.171.124.(3) and 126.96.36.199.(4) apply only to the new exposing building face. 3 C172 Existing windows. (a) Existing windows in walls may be relocated to another part of the wall, provided the existing opening is blocked up to provide the same fire rating for the new wall, and the projection of the new opening, at a right angle to the property line onto another building, lies no closer than 300 mm (T-0”) from a window in such other building, where the “opposite” window is less than 2,400 mm (7’-10″) from the opposite new opening, and
(b) Except relocation of units, to be restricted to the same fire compartment and shall conform to the requirements of Article 188.8.131.52. or 184.108.40.206. where applicable, or
(c) Where a building does not satisfy the requirements of Subsection 3.2.3. for the number of openings facing a yard or space that does not have sufficient limiting distance, such existing openings are allowed to be relocated provided:
(i) Such openings are not increased in size and they are protected with wired glass in steel frames conforming to Sentence 3.18.14.(2), or
(ii) The building is sprinklered. Alarms 1 C175 Smoke alarms may be battery operated. 3 C197 Carbon monoxide alarms may be battery operated or plugged into an electrical outlet. HeatinqJA/enfilatiom&AirConciitioninc} (HVAC), ~ 1 C195 In a building containing not more than four dwelling units, the existing heating or air-conditioning system may be altered to serve more than one dwelling unit, provided smoke alarms are installed in each dwelling unit and provided a smoke detector is installed in the supply or return air duct system serving the entire building which would turn off the fuel and electrical power to the heating system upon activation of such detector. 2 C194 In a house, rooms or spaces to be ventilated by natural means in accordance with Subsection 9.32.2 or by providing adequate mechanical ventilation. 12
SECTION 6 How Do I Register My Secondary Dwelling Unit? Completed all of the necessary steps outlined in the chart in Section 4C Voluntary Registration If you have a dwelling unit created by site-specific zoning by-law amendment, have obtained a building permit to create a unit in compliance with the Ontario Building Code and meet the criteria for secondary dwelling units, you are eligible to register your second dwelling unit as part of the Registration of Secondary Dwelling Units By-law. This will ensure that you have the same benefits of having your legal second dwelling unit listed on the public registry as someone creating a secondary dwelling unit as defined in Zoning By-law 2010-100Z.
SECTION 7 Identification/Addressing for New Unit (1) To signify to emergency responders and way finders the presence of a registered Secondary Dwelling, every Owner of a property on which there is a single-detached dwelling, a semi-detached dwelling, a row dwelling, a street townhouse dwelling with respect to which a Secondary Dwelling Unit has been registered, shall; (a) place or cause to be placed, the letters SU in a location immediately below the municipal street number on the building: and (b) maintain in place or cause to be maintained in place, the letters SU in the location described in 12(1)(a) of the Registration of Secondary Units By-law 2017-14 13 SECTION 7 (Cont.) Identification/Addressing for New Unit (2) The Owner shall ensure that the letters SU required under subsection
(1) of the Registration of Secondary Units, By-law 20147-14 meets the following requirements. The letters used shall be:
(a) no less than
(i) 3 inches in height if the building setback from the street line does not exceed 10 feet;
(ii) 4 inches in height if the building setback from the street line does not exceed 30 feet;
(iii) 6 inches if the building setback from the street line does not exceed 50 feet; and (iv) a size approved in writing by the Chief Building Official if the building setback from the street line exceeds 50 feet.
(b) in printed format, not in cursive;
(c) in a contrasting colour to the background; and (d) clearly legible in both daylight and at night, when viewed from the street. For more information, please contact the Building Services department at 705 674-4455, extension 4278. 14