Student Housing: No More Than 4

Transcription

1 Student Housing: No More Than 4

2 Renting Out Your House? Renting A Room? Living Off-Campus? WHAT YOU NEED TO KNOW ABOUT STUDENT HOUSING IN THE CITY OF ORILLIA NOMOR THAN A DWELLING UNIT CANNOT HAVE MORE THAN 4 RENTERS. What is a Dwelling Unit? r:7f Designed or used for a single household unit 0 Contains both washroom and cooking facilities 0 Accessed from a private entrance from outside or inside the building Why No More Than 4 Renters in a Dwelling Unit? It's for your safety. It's the rules of the: 0City's Zoning By-law 0Onta rio Building Code 0Onta rio Fire Code Considering renting your house? Already renting your house? Contact the Department of Planning & Development to have your questions answered. Planning Tel: planning@orillia.ca Building Tel:

3 Why No More Than 4? Life Safety It s the Law

4 Why No More Than 4 Renters in a Dwelling Unit? It s the rules of the: Zoning By-law Ontario Building Code Ontario Fire Code

5 CITY OF ORILLIA Thinking of Converting Your Home to a Boarding, Lodging or Rooming House? Plan Carefully. A Boarding, Lodging or Rooming House must comply with Planning and Building requirements. PLANNING REQUIREMENTS.,r MAY ONLY BE ESTABLISHED IF THE PROPERTY I S ZONED IN A MANNER THAT PERMITS A BOARDING, LODGING OR ROOMING HOUSE,/ MUST BE CONNECTED TO FULL MUNICIPAL SERVICES./ ON-SITE PARKING MUST BE PROVIDED (1 PARKING SPACE PER LODGING ROOM)./ PARKLAND DEDICATION FEE I S REQUIRED IF DESIGNED FOR MORE THAN 4 PERSONS./ SITE PLAN APPROVAL Is LIKELY REQUIRED NOTE: When more than 4 on-site parking spaces are required, the parking area must be PAVED and a minimum driveway width of 6 metres must be provided. Each parking space must be 2.7 metres by 6 metres. Tandem parking is not permitted. For details, contact the Planning Division at or planning@orillia.ca ONTARIO BUILDING CODE./ CONVERSION OF AN EXISTING BUILDING TO A BOARDING, LODGING, OR ROOMING HOUSE WILL REQUIRE IMPROVEMENTS TO THE BUILDING TO MEET THE ONTARIO BUILDING CODE For details on the building improvements required: contact the Building Division at ALSO REQUIRED ARE:./ ARCHITECTURAL DRAW INGS FROM A QUALIFIED DESIGNER OR ENGINEER./ A NEW BUILDING PERMIT./ A CHANGE OF USE BUILDING PERMIT.orillia.ca L

6 Process of Legalizing Dwelling Units

7 I s t he Ap a r t m en t in m y H o u s e L e g a l? Q.1: Was a Building Permit issued for the apartment in my house? YES Q.2: Has the apartment been maintained to meet the Ontario Fire Code? NO STOP RENTING & SEEK LEGAL ADVICE Renting an illegal apartment places you and your tenants at risk. YES NO COMPLY WITH PLANNING ILLEGAL APPLY FOR BUILDING PERMIT AND COMPLY WITH THE ONTARIO BUILDING CODE COMPLY WITH THE ONTARIO FIRE CODE AND MAINTAIN AS PER THE ONTARIO FIRE CODE LEGAL

8 When Buying an Investment Property with Multiple Units, make sure that: A Building Permit has been issued for each Dwelling Unit How Do I Know? How Do I Do This? Request copies of the Building Permit(s). Submit a Release Form to the Building Division at City Hall (50 Andrew Street South; 3 rd Floor) to inquire if the City has record of Building Permit(s). How Much Does This Cost? $25.00 File Search Fee Don t Forget to have the seller complete a Release Form to enable you to obtain a copy of the Building Permit(s).

9 CITY OF ORILLIA BUILDING DEPARTME.NT RELEASE FORM To the Building Department of the City of Orillia: RE: (please print) (municipal address of the property) This is to confirm that I, (please print) am the owner of the property noted above and that I hereby consent to the release of any and all Building Code or By-law related orders, notices and deficiencies contained in the files of the Building Department of the City of Orillia pertaining to any construction activity or by-law matter on the referenced property to: (pl print) ease Name of Real Estate Agent: Name of Real Estate Agency: Si gnature of Owner Date

10 When Buying/Selling an Investment Property with Multiple Units, and no building permits can be found: Prove the Dwelling Units were created legally. How Do I Do This? Prove Legal Non-Complying - Affidavit demonstrating that the Dwelling Units were constructed legally in accordance with the regulations in place at the time it was established and current zoning permits the use. OR Prove Legal Non-Conforming - Affidavit demonstrating that the Dwelling Units were constructed legally in accordance with the regulations in place at the time it was established. OR Bill 120 Residents Rights Act Affidavit with two pieces of supporting documentation demonstrating the 2nd unit existed prior to November 16, (Note: Only applies to two-unit dwellings).

11 What is Legal Non-Complying?

12 What is Legal Non-Complying? The USE came into existence in accordance will ALL of the regulations in effect at the time of its construction. Current Zoning By-law permits the use but the building/site does not comply with the current zone regulations. Affidavit and two pieces of evidence demonstrate the USE was legally established prior to July 31, 1974.

13 Proving Legal Non-Complying Submit an AFFIDAVIT demonstrating the use was legally established (prior to July 31, 1974) in accordance with all of the regulations in effect at the time of construction AND Two pieces of evidence Examples of Evidence: MLS Real Estate Listing Lease Agreement or other written documentation confirming tenancy Receipts or cheques for rent Landlord-owner Income Tax Return Invoices of work or repairs Assessment Roll or Notice of Property Valuation Mortgage documents or homeowner s insurance policy

14 Advantages of Proving Legal Non- Complying? Provided it can be proven the use legally existed before July 31, 1974, then: No Parkland Dedication Fee No Building Permit BUT must ensure all dwelling units comply with Ontario Fire Code. Go to the Fire Department.

15 What is Legal Non-Conforming?

16 What is Legal Non-Conforming? The USE came into existence in accordance will ALL of the regulations in effect at the time of its construction. Current Zoning By-law NO LONGER permits the use. USE has been continuous since its legal commencement.

17 How Do I Prove Legal Non-Conforming? Submit an AFFIDAVIT demonstrating: Use was ESTABLISHED LEGALLY (i.e. attest to having received a building permit or attest to the use having been established before the City began issuing building permits). Evidence at time use was established the property was properly ZONED to PERMIT THE USE or the use was established before the Zoning By-law EXISTED. PRESENT USE IS THE SAME USE as was prohibited by the Zoning By-law the day the by-law was passed (or the present use was previously permitted by the Committee of Adjustment) and has been in CONTINUOUS use since the date of its legal commencement.

18 What is Bill 120 Resident s Rights Act? (Applies to 2-unit Buildings Only)

19 Bill 120 Residents Rights Act Grandfathered two-unit houses in existence prior to NOVEMBER 16, 1995 provided: The property was zoned RESIDENTIAL and SFD, Semi or Townhouse The property is connected to FULL municipal services Only 2 dwelling units

20 Bill 120 Residents Rights Act How Do I Prove the Apartment in my House Existed Prior to November 16, 1995? Submit an AFFIDAVIT with two pieces of evidence Examples of Evidence: MLS Real Estate Listing Lease Agreement or other written documentation confirming tenancy Receipts or cheques for rent Landlord-owner Income Tax Return Invoices of work or repairs Assessment Roll or Notice of Property Valuation Mortgage documents or homeowner s insurance policy Apply for Change of Use Permit

21 AFFIDAVIT for Bill 120 Must establish 2 residential units existed on November 16, Confirm property is connected to FULL municipal services. Confirm no more than 2 dwelling units in a detached house, semi-detached house or row house. Submit with Affidavit/Statutory Declaration two or more supporting documents. Note: Do not need to establish the use was continuous after that date.

22 AFFIDAVIT for Bill 120 Examples of Evidence: MLS Real Estate Listing Lease Agreement or other written documentation confirming tenancy Receipts or cheques for rent Landlord-owner Income Tax Return Invoices of work or repairs Assessment Roll or Notice of Property Valuation Mortgage documents or homeowner s insurance policy OR Submit Three Affidavits

23 CANADA Province of Ontario IN THE MATIER OF 123 Doe Streelorillia, Ontario Legally described as Lot 1, Plan 1, City of Orillia, County of Simcoe! Land Titles Division of Simcoe, (No. 5 ) TO WIT: hereinafter referred to as "the ProperJ"! '! f I, of the City of Orillia. in the County of Simco. Province of Ontario, SOLEMNLy DECLARE THAT: I i 1. Iwas the owner of the Property from January 1st, 1990 to July 30 1 h, 2005 (or as applicable), and as such have knowledge of the matters hereinafter deposed to. 2. The detached house (or as applicable) located on the Property was u$ed or occupied as two residential units on November 16th, i 3. Attached hereto as Exhibit "A" is (insert description of applicable djcument) which confirms that the detachedhouse on the Property was used or occupied as two residen;tialunits on November 16th, Attached hereto as Exhibit "8" is (insert description of applicable djcument) which confirms that the detachedhouse on the Property was usedor occupied as two residen ialunits on November 16th, The detached house on the Property is connected to municipal sewr and water services. 6. There are only two residential units in the detached house on the Pr perty. And I make this solemn declaration conscientiously believing it to be true dnd knowing it is of the same force and effect as if made under oath. I ) DECLARED before me at the City of Orillia,in ) the County of Simcoe this day of ) ) ) ) i A COMMISSIONER ETC.

24 AFFIDAVIT Did You Know? It is a criminal offense to knowingly swear a false affidavit/statutory declaration, punishable by up to 14 years imprisonment.

25 Change of Use Permit for Bill 120 When a Single Family Dwelling is changed to a Duplex, Triplex or Fourplex, the Ontario Building Code considers this a Change of Use and a permit is required. If a Building Permit was not obtained at the time of the 2 nd Unit was created, then we will ask for one now (if it was established after 1975). Why? Cost: $75.00 To complete City Records, which should make future Real Estate Transactions more smooth Note: Parkland Dedication Fee is Not Applicable

26 NO Parkland Dedication Fee If You Can Prove Units Have Been in Existence Since: November 16, 1995 for two-unit houses July 31, 1974 for all other uses How Do I Prove it? Submit an AFFIDAVIT with two pieces of evidence

27 Dispelling the Myth of Fire Coded & Bill 120 You must obtain Planning Approval & Change of Use Building Permit FIRST The Fire Department is your LAST STOP in obtaining approval for a 2 nd Dwelling Unit.

28 When Buying/Owning an Investment Property with Multiple Units, and the units are ILLEGAL Apply for Building Permits

29 Comply with Zoning By-law Property is ZONED to Permit the Proposed Use Property complies with zone regulations (e.g. minimum lot frontage and lot area) On-site parking requirements can be complied with.

30 Applying for Building Permits Prepare and Submit Building Permit Drawings Pay Parkland Dedication Fee Pay Building Permits Fees

31 Parkland Dedication Fee $ per Non-Waterfront Dwelling Unit $1, per Waterfront Dwelling Unit

32 Ontario Building Code Fees Construction to Add a Unit No DCs for 2 nd unit (if smaller that main

33 Typical SFD???

34 Legal or Illegal???

35 Ontario Building Code, Basics Independent entrance/exit Fire Separation between units/apartments Smoke alarms Natural light Emergency lights Fire Separations around Common areas Safe structures

36 Fees Development Charges may be applicable. Example: A Basement apartment has been built in a Single Family dwelling. If the floor area of the basement apartment is less than the floor area of the main floor, then Development charges are waived. Even if only ½ sq. ft. smaller. Example: If 2 units are added to a Single Family Dwelling making it a Triplex and one of those new units is smaller than the other 2, then Development Charges are only payable for 1 unit. Current charge is $16, Example: If new units are larger than original, then Development Charges apply.

37 Fees Development Charges change each year so watch the City of Orillia website for current rates. Permit Fees: $75 for first $4000 of construction value and $8 per $1000 above that. Example: Renovation cost is $10,000 $75 + (6 x $8) = $123

38 City of Orillia Ad-Hoc Student Housing Committee

39 Ad-Hoc Student Housing Committee Established: December 2010 by City Council Representatives: Council, Public, Georgian College, Lakehead University, & Landlord Staff: Police, Planning, Building, Fire & By-law

40 Looldn.g For a Place To Live? Asl<: These Questions! Nurnber #1 Question To Ask : Is this apartrnent legal? Was a building permit issued for this dwelling unit? How many people are bei ng rented to? 1..Are there working srnoke alarn"'l s ou tside of ea ch bedroo1n and on. each storey? 2. Are there rul es about ca n dles? Never leave candles unattended. 3 Are there hot plates and microwaves allowed in. th e rooms? I lot plates and micro-waves should not be allo-wed in rooms. 4 Does the landlord have a Hotn e Escape Plan posted? 5 Are the windows in. the bedrooms large enou gh to get out of in the even t of an emergency? 6. Is the general condition. of the house accepta ble? It is not acceptable ifthere are holes in he vvalls, broken doors, or doors hal don' close properly. 7 Where are the fire extinguishers? HOUSEKEEPING 1. Ca n. I have a BBQ? 2. Is sn"lokin.g allowed? 3 \Nhen is garbage day? 4 Where do I get my mail? 5 Am I allowed to have pets? 6. Does the landl ord supply garbage tags? 7 Who looks after snow ren1.oval and gra ss cutting? 8. Are the locks changed when. someone Inoves out? 9 Is th ere storage space for extra furniture, boxes, bikes, e tc.? 10. Are there la undry facilities on-site? Where is the closest Laund roma t? 11. Is th e la ndlord responsible for clea ning the uni t before a nd after I m ove? BUILDING SAFETY 1. Is t he parking area lit? 2. How is the u nit h eated? 3 Are the walls insula ted? 4 Has there ever been. a flood in. this basement apartment? 5 Is there exterior lighting of the doorways? PARKING & PUBLIC TRANSIT 1. Wh ere is th e closest bu s stop? 2. Do I have to transfer buses to get to school? 3 Is there on-site parking? How many spaces? How will the spaces be a llocated an.1.on.g the tenants? 4 Is on-street parking a llowed? \Nhat a re the restrict ions? 5 Where is the closest grocery store? LEASE & INSURANCE 1. Ain I required to si gn a lease? Wha t is the length of the lease? (i.e. 1year, 8 n1.on ths, 4 mon ths) 2. Are utilities, ca ble and internet included in the ren t? Is parki ng extra? 3 How do I get out of my lease? Are there any penalties for doing so? 4 Do I need Tenant's Insu rance? 5 Ca n I sublet my room? 6. How do I pay my ren t?

41 Who Do I Call? Building/Renovating or Property Standards Concerns? Contact the Building Division: or building@orillia.ca For more information, please visit the Building Division s website: Fire Safety/Fire Code Regulations? Contact the Fire Department: (24 hrs) or ofd@orillia.ca For more information, please visit the Fire Department s website: Littering, Noise, Loitering, Clean Yards, Parking Violations? Contact the By-law Division: or clerks@orillia.ca For more information, please visit By-law Enforcement s website: Police Department Administrative Inquiries: (Business Hours) Non-Emergency Calls: (24 hours) Garbage, Recycling, Organics? Contact the Solid Waste Hotline: or publicworks@orillia.ca For more information about Garbage, Recycling & Organics, visit Public W orks website: Don t know who to contact? Call City Hall at or visit the City s website We re here to help! In case of an emergency, call 911 For an after-hours Public Works emergency, contact