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Station 1: Welcome/Orientation Before you leave this station, have you filled in the attendance sheet? ENTRANCE EXIT STATION 1 Orientaon/ Welcome STATION 3 What is a Lodging House? STATION 2 How are Lodging Houses regulated presently? STATION 6 What are other municipalies doing? STATION 4 What is new? STATION 7 Feedback & Conclusion STATION 5 What are your experiences with Lodging Houses? DISPLAY PLAN Table Top Display Boards 6 Things to Do while you are here: 1) Fill out the aendance sheet 2) Take a Comments Sheet 3) Review the Display Plan and Ward Map 4) Check out the Displays & Provide comments 5) Interact with City Staff or other aendees 6) Return the Comments Sheet before you leave Council Resoluon “That City Council DIRECT the Planning Department to iniate the review of the land use issues relang to Lodging House use with regards to the Official Plan Policy and relevant zoning regulaons.” (CR 152/2010) We welcome you to provide your input in this Open House!

Station 1: Welcome/Orientation - Windsor · 2012-03-23 · • “Lodging House - Class Two” means a lodging house within a dwelling unit occupied by 4 or 5 persons without a proprietor

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Page 1: Station 1: Welcome/Orientation - Windsor · 2012-03-23 · • “Lodging House - Class Two” means a lodging house within a dwelling unit occupied by 4 or 5 persons without a proprietor

Station 1: Welcome/Orientation

Before you leave this station, have you �lled in the attendance sheet?

ENTRANCE EXIT

STATION 1Orientation/Welcome

STATION 3What is a Lodging House?

STATION 2How are Lodging Houses regulated presently?

STATION 6What are other municipalities doing?

STATION 4What is new?

STATION 7Feedback & Conclusion

STATION 5What are your experiences with Lodging Houses?

DISPLAY PLAN

TableTopDisplayBoards

6 Things to Do while you are here:

1) Fill out the attendance sheet2) Take a Comments Sheet3) Review the Display Plan and Ward Map4) Check out the Displays & Provide comments5) Interact with City Staff or other attendees6) Return the Comments Sheet before you leave

Council Resolution

“That City Council DIRECT the Planning Department to initiate the review of the land use issues relating to Lodging House use with regards to the Official Plan Policy and relevant zoning regulations.”(CR 152/2010)

We welcome you to provide your input in this Open House!

Page 2: Station 1: Welcome/Orientation - Windsor · 2012-03-23 · • “Lodging House - Class Two” means a lodging house within a dwelling unit occupied by 4 or 5 persons without a proprietor

Station 2: How are Lodging Houses regulated presently?

Regulatory Sources

Before you leave this station, please provide your comments.

Planning Act: Planning Tool

The Planning Act allows municipalities to regulate the use and development of lands,buildings and other structures. City of Windsor uses Zoning By-law (ZBL) 8600 as a tool to define and regulate Lodging Houses (refer to Station 3 for definition).

Under City of Windsor’s ZBL 8600, a lodging house is permitted in certain Residential and Commercial zoning districts. In addition to the requirements of each zoning district, Section 24- Parking Space Regulations also require lodging houses to provide a minimum of 1 parking space per 6 beds for a lodging house.

Municipal Act: Licensing Tool

The Municipal Act gives powers and duties to municipal governments. Among municipalities’ powers are business licensing. City of Windsor also has a Schedule L1 to Licensing By-Law No. 395-2004- Lodging Houses. Under this by-law, lodging houses are categorised into:

Class 1 Where the operator provides no assistance to the resident in caring for their health and for their personal needs, including washing, dressing or eating.

Class 2 Where the operator provides assistance to the resident in caring for their health and for their personal needs, including washing, dressing or eating.

Building Code Act Health Protection & Promotion ActThe Ontario Fire Code

Page 3: Station 1: Welcome/Orientation - Windsor · 2012-03-23 · • “Lodging House - Class Two” means a lodging house within a dwelling unit occupied by 4 or 5 persons without a proprietor

Station 3: What is a Lodging House?

Definition from Windsor Zoning Bylaw 8600

Before you leave this station, please provide your comments.

"Lodging House" means a dwelling in which a minimum of four (4) persons, not including staff, are provided with lodging for hire, with or without meals, but does not include a place of detention or correction, residential care facility, group home, hotel or motel, private home day care.

Under this definition, examples of lodging houses could include student rental units, tourist homes, senior lodging, shelters and social housing

Although the use may be similar, lodging houses are not to be confused with Group Homes, Hotels, Motels, Private Home Day Care and Residential Care Facility which may be governed by specific conditions and acts (Refer to Glossary for definitions in the Zoning By-law).

How many Lodging Houses are there in Windsor and where are they?

There are currently 36 licensed lodging houses in the City of Windsor. 12 are Class I Lodging Houses and the remaining 24 are Class 2 Lodging houses.

However, there may be many more lodging houses in operation without license. In the 2004 study, it was estimated that 500 lodging houses are concentrated in the Randolph Ave., Riverside Dr. West, Huron Church Rd., and Tecumseh Rd. West area. The previous study also identified that nearly 90% of lodging houses targeted to the University of Windsor students were concentrated in the area within a 1.5 kilometre radius of the Wyandotte/California intersection. It has been noted by the administration that lodging houses typically concentrated in the West side of the City is extending eastwards.

Page 4: Station 1: Welcome/Orientation - Windsor · 2012-03-23 · • “Lodging House - Class Two” means a lodging house within a dwelling unit occupied by 4 or 5 persons without a proprietor
Page 5: Station 1: Welcome/Orientation - Windsor · 2012-03-23 · • “Lodging House - Class Two” means a lodging house within a dwelling unit occupied by 4 or 5 persons without a proprietor

Station 4: What is new?

Before you leave this station, please provide your comments.

Legislative Changes

Under the recent changes to the Municipal Act, provisions have been made available for municipalities to “license, regulate or govern real and personal property used for the business and the persons carrying it on or engaged in it” in a fashion similar to other businesses. This presents the City with new opportunities to deal with the issues related to Lodging Houses.

Demographic/Social Changes

These key changes will necessitate a major review of the present land use policies and by-laws.

The University of Windsor and St Clair College have become an increasingly popular choice of post-secondary education for local, regional, and international students. The rise in enrolment will likely increase the demand for student accommodation in the coming years. The University of Windsor and St Clair College are now decentralizing their campuses. The results might entail new trends in the location of lodging houses.

Canada’s population is ageing more quickly than ever before. In Windsor, it is estimated that the age group above 65 years will increase by 47% from 2006-2026. The Ontario government has acknowledged this significant demographic shift and recognised the accompanying changes in housing needs and preferences. As such, the province is considering to change the legislationof senior lodging to come under provincial responsibility.

Page 6: Station 1: Welcome/Orientation - Windsor · 2012-03-23 · • “Lodging House - Class Two” means a lodging house within a dwelling unit occupied by 4 or 5 persons without a proprietor

Station 5: What are your experiences with Lodging Houses?

What changes are appropriate in a neighbourhood context?Before you leave this station, please provide your comments.

I live with 5 other tenants. A lot of us have cars but there isn’t enough parking and the problem worsens when guests come over.

Lodging Houses are affordable. I split the rent with 5 other tenants.

I have a house that I lease to 5 tenants. I hire a

local handyman for snow clearance and landscaping. I do my part in

maintaining my property and safeguarding neighbourhood quality

but there is no way I can control the behaviour of my

tenants.

I rent my house to 5 tenants.This is a good source of investment.

I live in a residential neighbourhood close to an

educational institution. Many of the houses along the street are

rented out to more than four people. The problem is the tenants are leaving their trash all over the front lawn and their visitors are parking everywhere.

* These are generic experiences and not specific to feedback received.

Page 7: Station 1: Welcome/Orientation - Windsor · 2012-03-23 · • “Lodging House - Class Two” means a lodging house within a dwelling unit occupied by 4 or 5 persons without a proprietor

Station 6: What are other municipalities doing?

Before you leave this station, please provide your comments.

The municipalities reviewed have used a combination of the Official Plan, zoning and licensing bylaw as a means to guide and regulate lodging houses or rental housing. Some place restrictions on the number of bedrooms, size of occupancy within a lodging house and the locations of the lodging house. Besides permitted lodging house uses in certain zones, the minimum distance separation tool is also employed sometimes. The rationale for minimum distance separation requirements is to reduce concentration of lodging houses in one area through dispersion. This limits the density of a certain landuses geographically. Municipalities have also designated special policy areas on occasions to consider areas with a high demand for lodging houses, mostly around university and college campuses.(Please see the following Charts for further details.)

Summary of Findings

Page 8: Station 1: Welcome/Orientation - Windsor · 2012-03-23 · • “Lodging House - Class Two” means a lodging house within a dwelling unit occupied by 4 or 5 persons without a proprietor

Before you leave this station, please provide your comments.

Oshawa Waterloo London GuelphOfficial Plan • Lodging house defined in Official Plan

• lodging house as a form of residential intensification must meet certain locational criteria:a) physically capable of accomodating residential intensification with compliance to the Ontario Building Code and Zoning By-law regulationsb) availability of services and facilities to support new householdsc) potential demand for the units demonstratedd) sufficient off-street parking e) compatibility with the neighbourhood’s character including massing and height• Student Accommodation Policies:a) Encourage on-campus housingb) Encourage medium to high density off-campus housing in specified areas including arterial roads and around the Central Business District

• recognize need and encourage adequate student rental housingon campus or in proximity to the universities In Official Plan Review• In the Official Plan Review, the City statesa) Preference for on-campus housingb) Protection of low-density residential neighbourhoodsc) Identifies Urban Growth Centre to support off-campus housing

• recognition of existing compatible lodging house within adjacent low density residential use • encourage new lodging to be located in Multi-Family Medium Density and Multi-Family, High Density Residential designations• new lodging houses in low density designation subject to ZBL amendment based on such locational criteria:a) physical potential of the existing building stock and subject property can accomodate proposed useb) existing service supportc) adequate transportation facilities, public open space, recreational facilities and servicesd) physical scale and compatibility of the proposed lodging house use, and impact on the present and future land uses in the area.

• Lodging House defined in Glossary• Permitted in Residential Areas where the Locational Criteria are met:a) adequate residential amenities and services available nearbyb) compatible in size and land use character with the built form of the existing area• states that ZBL will specifically regulate lodging houses and where they may be permitted

Lodging House Definition in Zoning By-Law (ZBL)

• a building or a part of a building, containing three to ten lodging units, which does not appear to function as a dwelling unit, although one may be included with the lodging units. It includes, without limitation, a rooming house and a boarding house, a fraternity or sorority house. It does not include a hotel, a crisis care residence, a hospital, a group home, a correctional group home, a bed and breakfast establishment, a nursing home, a flat, an apartment building or a block townhouse. A lodging house may involve shared cooking or washroom facilities. Meals may or may not be provided to residents. Common areas, such as living rooms, may or may not be provided

• “Lodging House - Class One” means a lodging house which is located in the whole of a building and: (i) occupied by four or more persons in addition to the proprietor and his/her household; or (ii) occupied by 6 or more persons without a proprietor and his/her household.• “Lodging House - Class Two” means a lodging house within a dwelling unit occupied by 4 or 5 persons without a proprietor and his/her household.

• "Lodging House, Class 1" means a residential building which is used to provide lodging units for hire or gain directly or indirectly to three or fewer persons with or without meals. A lodging house, class 1, shall not include a nursing home, hotel, motel, hostel, group home, bed and breakfast establishment, emergency care establishment, or a residence of an educational institution.• "Lodging House, Class 2" means a residential building which is used to provide lodging units for hire or gain directly or indirectly to more than three persons, with or without meals. A lodging house, class 2, shall not include a nursing home, hotel, motel, hostel, group home, bed and breakfast establishment, emergency care establishment, or a residence of an educational institution.

• "Lodging House Type 1” means any Place, including but not limited to a Dwelling Unit, that is used to provide 5 or more Lodging Units for hire or gain directly or indirectly to persons.• "Lodging House Type 2” means the whole of a Townhouse Building or Apartment Building where one or more Dwelling Units are each used to provide 5 or more Lodging Units for hire or gain directly or indirectly to persons.

Lodging House Regulations in Zoning By-Law (ZBL)

• only permitted in R7 zone• Minimum lot frontage, lot area, front yard and side yard depths, landscaped open space, maximum lot coverage and maximum height

• regulations for lot area, yard requirements, Height, parking provisions, landscaped open space, amenity area• Minimum Distance Separation of 150m for Class Two in single residential or low density areas; 75m in medium density areas

• Minimum setback/front yard• Sight triangle regulations• Density and Height control• all single detached housing limited to maximum of 5 bedrooms

• Maximum of 12 lodging units• Type 1 limited to a) Residential Single Detached (R.1) zone and the Central Business District (CBD)b) off-street parking regulationsc) Minimum Separation Distance of 100m d) Minimum of 1 per building and 1 parking space for every 3 lodging unit

Program/Policy Residential Rental Housing Licensing By-law Rental Housing Licensing Bylaw Residential Rental Units Licensing By-law Council rescinded Zoning By-law amendment for stricter lodging house density control. Interim Control By-law in place for now. Council has directed the research and possible implementation of a licensing program

Start Date 2005 In effect April 1, 2012 2010

Geographical Scope

• Specified area around near Durham College and UOIT• More allowance for Simcoe Street Corridor around the educational institutes

City-wide City-wide

Program/Policy Applied to

• All rental properties Class “A” licences required for all other Residential Rental Properties that are not covered by any other ClassesClass “B” licences, required for all Residential Rental Properties that are Owner OccupiedClass “C” licences, which are required for all Boarding Houses;Class “D” licences, which are required for all transitional lodging housesClass “E” licences, which are required for all temporary Rental Units.

• Any building containing four or less rental units (including single detached dwellings, semi-detached dwellings, duplexes, triplexes, fourplexes) and converted dwellings* in the city of London.• Rental units in apartment and townhouse buildings are exempt.

Density Control and Other Requirements of the Program/Policy

• Maximum of 4 bedroom rental units (Simcoe Street Corridor maximum of 5)• Limit of 40% of Gross Floor Area for bedrooms• Parking plan required

• Class A: maximum of 4 bedroomsLimit of 40% of GFA for bedrooms• Class B: maximum of 4 bedroomsLimit of 50% of rental unit'sGFA for bedrooms• Class C: Existing ZBL for lodging house applies• Class D: For recognized existing license lodging house • Class E: Licence valid up to 36 months• Parking plan required

• none

Effectiveness of Program

• 239 Licensed as of March 7, 2012 • Program is new. Remains to be seen. • Effective for registry and fire safety purposes

Page 9: Station 1: Welcome/Orientation - Windsor · 2012-03-23 · • “Lodging House - Class Two” means a lodging house within a dwelling unit occupied by 4 or 5 persons without a proprietor

Station 7: Feedback and Conclusion

Before you leave, please �ll in the Comments Sheet and return it at this station.

us with your contact information on the Attendance sheet at Station 1.

Draft Work Plan Administration’s Next Steps

If you want to be contacted for future updates, please ensure that you have left

Collate and Analyse Results of Open House

Prepare Reportto Council

with Options

Council reviewsoptions or

alternativesand directsnext steps

March 2012 November 2012