Garden suites, also known as accessory dwelling units (ADUs) or secondary suites, are becoming increasingly popular in Toronto as a means to address the housing crisis and provide more affordable living options. These self-contained residential units located on the same property as a single-family home offer a unique solution for homeowners looking to maximize their property use. However, to build a garden suite in Toronto, homeowners must adhere to specific zoning requirements, building regulations, and safety provisions. This article provides a comprehensive overview of these regulations to guide homeowners through the process.

Zoning Requirements

1. Residential Zoning: Garden suites are permitted in areas zoned for residential use, specifically in R (Residential), RD (Residential Detached), RS (Residential Semi-Detached), RT (Residential Townhouse), and RM (Residential Multiple) zones. They are not allowed in commercial or industrial zones.
2. Lot Size and Coverage: The footprint of the garden suite is capped at a maximum of 60 square meters (646 square feet) under zoning regulations. The lot should be large enough to accommodate both the main dwelling and the garden suite while meeting setback and coverage requirements.
3. Gross Floor Area (GFA): The gross floor area (GFA) of the garden suite must be less than that of the main dwelling. This ensures that the garden suite remains a secondary structure and does not overshadow the primary residence. If a basement is proposed for the garden suite, the basement area is included in the GFA calculation unless the mechanical equipment and utilities are located on the upper floors and the basement is used solely for storage.
4. Setbacks and Separation Distance: Garden suites must adhere to setback requirements from property lines, usually ranging from 1.2 meters (4 feet) to 2.4 meters (8 feet). Additionally, there must be a minimum separation distance between the main dwelling and the garden suite, typically around 1.5 meters (5 feet). A 45-degree angular plane regulation applies from the separation distance to the main dwelling, as well as the side and rear setbacks, starting from a height of 4 meters.
5. Height and Size Restrictions: The height of garden suites is regulated to ensure they do not overshadow neighboring properties. If a 5-meter separation distance is provided from the main dwelling, the maximum height allowed is 4 meters. However, if a 7.5-meter separation distance is provided, the maximum height can be up to 6 meters, making a two-storey garden suite feasible.
6. Exemptions for Existing Accessory Buildings: If the garden suite is created by converting an existing accessory building (e.g., a shed or detached garage), the existing setbacks and separation distances can be assumed. However, the existing footing size and wall construction type may need to be modified to meet current building standards.

Building Requirements

1. Building Code Compliance: Garden suites must comply with the Ontario Building Code (OBC), which includes regulations on structural integrity, fire safety, plumbing, electrical systems, and energy efficiency. This ensures that the suite is safe and habitable.
2. Foundation and Utilities: Proper foundation work is required to support the structure, and connections to utilities (water, sewage, electricity) must be made according to local standards. In some cases, separate meters for utilities may be required.
3. Accessibility: While not always mandatory, it's recommended that garden suites be designed with accessibility in mind, especially if they are intended for elderly or disabled residents. This can include features like wider doorways, ramps, and accessible bathrooms.

Emergency Access

1. Minimum Access Requirements: A minimum 1-meter emergency access path must be maintained to ensure safe and quick entry for emergency services.
2. Distance to Fire Truck and Hydrant: The entrance to the garden suite must be within 45 meters of where a fire truck can be stationed. Additionally, the distance from the fire truck to the nearest fire hydrant must not exceed 45 meters.
3. Fire Safety: Garden suites must have appropriate fire safety measures in place, including smoke alarms, carbon monoxide detectors, and, in some cases, fire suppression systems. The layout should ensure that occupants can safely exit the building in case of an emergency.
4. Alternative Solutions: If the minimum 1-meter emergency access path or the fire hydrant clearance requirements are not met, homeowners can apply for an Alternative Solution. This application can propose alternative code-compliant solutions, such as installing a sprinkler system, to ensure the safety and accessibility of the garden suite.

Other Provisions

1. Parking Requirements: Unlike many other jurisdictions, Toronto does not mandate additional car parking spaces for garden suites. However, homeowners must provide a minimum of two bicycle parking spaces to encourage sustainable transportation options.
2. Privacy and Overlooking: The design of the garden suite should consider the privacy of both the main dwelling and neighboring properties. Measures such as strategic window placement, fencing, and landscaping can help mitigate privacy concerns.
3. Environmental Considerations: Incorporating green building practices and energy-efficient designs is encouraged. This can include using sustainable materials, optimizing natural light and ventilation, and incorporating rainwater harvesting systems.

Conclusion

Building a garden suite in Toronto requires careful consideration of various zoning, building, and safety regulations. By adhering to these guidelines, homeowners can create functional and compliant living spaces that contribute to the city's housing solutions. For the most current and detailed information, it's recommended to consult the City of Toronto’s official planning and building department or a professional familiar with local regulations.