On behalf of the City of…

On behalf of the City of Waterloo, please accept the following comments.

Zoning:
Like many municipalities, the City’s original implementing zoning for additional residential units (ARU) and coach houses was in the context of “secondary units”, adding a single new accessory unit to an existing single detached dwelling or lot. As a result, many of the implementing zoning regulations put in place focused on restricting the size and location of these secondary units, with the intent of ensuring that they were subordinate to the principal existing dwelling unit and that the general form and character of the development was maintained a ‘single family’ feel. With the implementation of three (3) units per lot, and consideration for four (4) units per lot by many municipalities, the idea of a ‘principal dwelling’ and maintaining a single-family feel has become less relevant. As a result, there is a need to review and amend many of the original zoning provisions – this can be done by municipalities through housekeeping amendments to their zoning by-laws, having regard to local contexts and development standards, without the need for regulations from the Minister, in the City of Waterloo’s opinion. If a municipality applies zoning provisions that seek to undermine the Provincial intent for ARUs, then the Minister should consider regulations for that municipality.

The City continues to adjust its zoning regulations related to ARUs, and has seen success with 133 ARUs constructed in 2023. The City is actively evaluating fourplexes. ARU regulations that we are / have updated include:
• Floor area restrictions based on a percentage of the floor area of the primary dwelling (no longer relevant, as we moved beyond secondary accessory units)
• Required parking spaces, and restrictions on the location of parking spaces (align with O. Reg 299/19)
• Setback and height restrictions on Coach Houses

In City staff’s opinion, setbacks and building height provisions are important regulatory tools to achieve desired planning outcomes in the local context, but should not undermine the reasonable ability to construct an ARU where permitted. Setbacks are important for various reasons including building maintenance, drainage, utilities, access, and mitigating nuisances. Building height is important for consistency of built form, and mitigating impacts to shadows, privacy, etc.

With respect to density, it is also an important regulatory tool to achieve desired planning outcomes in the local context, but should not undermine the reasonable ability to construct an ARU where permitted. In the City of Waterloo, a typical dwelling unit containing five (5) or more bedrooms is considered a Lodging House, a distinct “use” as the density threshold is reached per unit that has the potential for negative planning and social outcomes, in our experience (re: we have extensive experience with such units given our post-secondary institutions and related student-oriented housing). It is recommended that ARUs be permitted up to 4 bedrooms each, unless otherwise up-zoned by the municipality.

Building Code:
There is a disconnect between how zoning views buildings with ARUs, and how the Building Code interprets them. In the Building Code, a house means a detached house, semi-detached house or row house containing not more than two dwelling units. Anything more would be placed into the Residential Occupancy category. So, while the zoning by-law would still see a Semi-detached building with two (2) ARUs (one in each semi for a total of four units) as a semi-detached building, the Building Code may not. This can cause confusion, and may have building code and development charge implications. City staff have also heard from the building industry that the inconsistencies between “new” builds with an ARU incorporated into the design/construction and “after the fact” construction to create an ARU in an existing building differs under the code, which is challenging (particularly in terms of cost).