1. With respect to the definition of ‘Hotel’ in the Zoning By-law, should guest rooms not be entered from inside or outside of the building to be defined as a hotel?
As an example, an entire home / apartment / unit offers 4 bedrooms (or more) with full kitchen, multiple bathrooms, living room, etc - but does not provide access to bedrooms from both the inside and outside of the building.
Zoning By-law Definition:
"HOTEL" means a building in which a minimum of 4 guest rooms are provided for transient lodgers, and may include dining and other public rooms, provided that each guest room may be entered from outside or inside of the building.
In this scenario, provided the property is zoned for this commercial use (ie Hotel), it does not matter where the rooms are entered from (note ‘may’ in the definition). If this is a residential zone, this use is a Rooming & Boarding House and may require a rezoning to permit and will require a Change-of-Use Permit from Building and a License to Operate.
2. With respect to the definition of ‘Hotel’ in the Building Code Act, should a home / apartment / unit offer 4 or more bedrooms contained with a single suite to a sole entity / company, how is this applied?
As an example, if a single group / company secure an entire home / apartment / unit, is that considered a single suite for this purpose?
This is applied to determine the standard of construction for life / safety requirements. The zoning is how the use is defined – please see answer in Question 1 and refer to the definition of a Rooming & Boarding House.
3. If separate rooms within an entire home were to be booked by separate companies / workers, with shared common areas like a kitchen, multiple bathrooms, living room are the bedrooms, then is each room considered a suite?
Please see Answer to question 2.
4. How might both of the scenarios in question 2 and 3 apply when a property is a legal duplex (2-residential units on one address)?
How might rezoning apply to a duplex where one unit is a two bedroom and the other unit is a four bedroom? Does that mean that both units on the property are to be zoned as a hotel as it does not appear possible to have just one unit zoned as such to meet this requirement?
Please refer to the Short-Term Accommodations Guide to Success for Operators document and move through the scenarios for ‘How do I figure this out?’
Building Code Act Definition:
Hotel means floor areas, a floor area or part of a floor area that contains four or more suites and that provides sleeping accommodation for the travelling public or for recreational purposes.
5. I have two properties, both are zoned Urban Residential 2 (UR2) and neither property are owner-occupied.
The first property has two units, a 1-bedroom unit and a 2-bedroom unit for a total of 3 bedrooms on-site with a total of 4 parking spaces on-site. Will this be permitted to operate 365 days per year?
No – this operation does not have relief from the 180 days in a calendar year to operate as a Whole-Home Short-Term Accommodation, it will only be granted relief from the Principle Residence requirement, pending confirmation it was in operation prior to January 1, 2020.
6. The second property I own is a triplex - 3 self-contained units - that currently operates as a Short-Term Accommodation that I also don't live in.
The Triplex consists of a 1-bedroom unit, a 2-bedroom unit, and a bachelor unit and more than enough parking. Will this be included in the grandfather clause to operate 365 days a year?
No – this operation does not have relief from the 180 days in a calendar year to operate as a Whole-Home Short-Term Accommodation, it will only be granted relief from the Principal Residence requirement, pending confirmation it was in operation prior to January 1, 2020. Confirmation that all other standards of the zoning by-law requirement are met, including on-site parking, will be required through a review. The process to seek an exemption from the 180-days in a calendar year is through an amendment by Council.
7. What is a clear list of requirements for this existing short term accommodation to be licensed?
Please see the Short-Term Accommodation Licensing By-law and work through the Guide to Success.
8. I have an existing Short-Term Accommodation - what steps are necessary to have it grandfathered?
The details of this property are required to be assessed against the zoning by-law standards. Please see the Zoning By-law and this Guide to Success to self-evaluate. Where standards are not met, a rezoning application to Council is required.
9. I want to buy another property and I am trying to understand how I can make this a legal Short-Term Accommodation. I would like to transform the basement into two additional units with both units having a bedroom and a bathroom.
If it is zoned to accommodate two units, you can create two units. If you are looking for three units as described, you will need to rezone to permit a tri-plex. To obtain a Short-Term Accommodation Operator License, this property will need to meet the standards of the zoning by-law for a Short-Term Accommodation, including but not limited to the requirement for the Operator to be the Principal Resident, have a maximum of 3 guest rooms, and meet the required parking.
Please refer to the scenario provided for on Page 6 of the Guide to Success as well as the Zoning By-law and the Short-Term Accommodation Licensing By-law.