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HomeMy WebLinkAboutPSD-109-07 Clwigglon REPORT PLANNING SERVICES Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ~ -e~d\A \i Oi\ %1rA .54-3 --01 Monday, September 17, 2007 Meeting: Report #: PSD-109-07 File #: PLN 23.8.2 By-law #: Subject: PARKING OF RECREATIONAL VEHICLES ON RESIDENTIAL PROPERTY RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-109-07 be received; 2. THAT staff should proceed with option 9; 3. THAT the Region of Durham Planning Department be forwarded a copy of this report and Council's decision; and 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed bY:~\ .J....P-o--W ~ .e,,~ tc Franklin Wu, Chief Administrative Officer TW*CP*DJC*sh September 7, 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-109-07 PAGE 2 1.0 BACKGROUND 1.1 On May 14, 2007, Council passed resolution GPA-343-07 which authorized staff to proceed with further research and undertake a Zoning By-Law amendment to provide for regulations for the parking of recreational vehicles on residential property. 1.2 Originally the Clerk's Department was asked to investigate resident complaints regarding the parking of recreational vehicles on private residential properties. Their investigation revealed that the most effective way to regulate recreational vehicle parking was by amending the Zoning By-law. 1.3 Currently the Municipality's Zoning By-law has no specific regulation for recreational vehicles in residential areas. 2.0 OPTIONS 2.1 In response to Council's direction, Planning Staff researched the zoning regulations of seventeen (17) municipalities to determine various methods of regulating the parking of recreational vehicles in residential areas. The chart contained in Attachment 1 provides a detailed sun:mary on the regulations for each municipality surveyed. 2.2 None of the seventeen (17) municipalities have an outright ban on the parking of recreational vehicles. However, the municipalities surveyed have utilized a number of different regulations to regulate recreational vehicle parking and storage. The following provides a summary of the methods used: ~ Restrict parking to the rear and interior side yards. >> Restrict the length, height, width and/or weight of recreational vehicles. >> Require that the parking space used for a recreational vehicle be in addition to the required parking spaces for a dwelling. >> Require setbacks to the location where the recreational vehicle is stored. In some instances the accessory structure setbacks were applied. >> Restrict the number and type of recreational vehicles to be parked on a property. >> Permit storage of the recreational vehicle within an attached garage, carport or an accessory structure only. >> Require screening of the recreational vehicle from public view and/or adjacent residential properties. >> Restrict the dates and time a recreational vehicle can be parked in a front and/or exterior side yard. 2.3 Multiple options can be utilized to meet the needs of the municipality. The options identified above have varying advantages and disadvantages as well as impact on staffing from an enforcement perspective. Section 3.0-STAFF COMMENTS explores the options in more detail. Due to the various options and combinations of those REPORT NO.: PSD-109-07 PAGE 3 options, staff require further direction as to how Council wishes to proceed with regulating recreation vehicles. In addition, Council should be aware that any by-law adopted to regulate recreational vehicles may not be retroactively enforced on properties where recreation vehicles have been parked or stored while the by-law was silent on this issue. 2.4 Zoning By-law 84-63 does not currently define a recreational vehicle. The By-law provides definitions for a motorized recreation vehicle, motorized snow vehicle, trailer, mobile recreational trailer and truck camper. In order to provide regulations for a recreational vehicle, it is necessary to include a clear definition to ensure that a proposed amendment adequately regulates the parking and storage of all recreational vehicles. 2.5 The types of recreational vehicles regulated vary between municipalities. In addition to motor homes, travel trailers, tent trailers, truck campers and trailers, some municipalities have also chosen to regulate boats, boat trailers, converted buses, snowmobiles, and personal watercrafts. 2.6 Although not specifically identified in by-laws reviewed for other municipalities, the popularity of all terrain vehicles has increased since regulations for recreational vehicles were first considered, and should likely be considered in the definition of recreational vehicles. 2.7 Staff proposed creating a definition of a recreational vehicle that is all encompassing and includes the existing defined terms as well as all the other forms of recreational vehicles identified above. 3.0 STAFF COMMENTS 3.1 OPTIONS 3.1.1 Option 1: THAT Staff be authorized to proceed with a Zoning By-law amendment to prohibit the parking and storage of recreational vehicles. None of the municipalities researched incorporated an outright ban in their regulations for the parking of recreational vehicles in residential areas. Although a ban of parking or storage of recreational vehicles did not exist, incorporating some of the options discussed would make it difficult to park a recreational vehicle on most residential lots in a typical urban subdivision. A ban on parking recreational vehicles would mean that people who store their vehicles at a different location would not be able to park their recreational vehicles on their residential property for packing and preparation prior to using it, or for short stays in between uses. It could also lead to increased illegal activity related to storage and parking of recreational vehicles in the rural areas of the municipality. REPORT NO.: PSD-109-07 PAGE 4 3.1.2 Option 2: THAT Staff be authorized to proceed with a Zoning By-law amendment to permit the parking and storage of recreational vehicles in the side and rear yard. Other than a corner lot, a new residential lot in a typical urban subdivision has a side yard setback of 1.2 metres or less. This would not be wide enough for most recreational vehicles to pass through to access the rear yard. As such, in most cases, the front yard provides the only accessible location for the parking and storage of recreational vehicles. Corner lot properties and some lots in older established neighborhoods would be the only locations where the side and rear yards could be accessed for storage of such vehicles. This method would effectively ban the storage of recreational vehicles in newer urban subdivisions, while allowing them to be parked and/or stored beside or behind the house in older subdivisions or on rural lots. 3.1.3 Option 3: THAT Staff be authorized to proceed with a Zoning By-law amendment restricting the size and number of the recreational vehicles parked and/or stored on a residential property. In recognition that the front yard is typically the only available location to park a recreational vehicle on an urban residential lot, some municipalities provide for parking of recreational vehicles subject to size restrictions. This ensures that vehicles parked in the driveway are of an appropriate size. Size limits also help limit the impact on the streetscape by prohibiting oversized vehicles. The size and number restriction can also be used in combination with location on the lot to minimize impact on adjacent properties, the streetscape, and ensure the vehicles are setback from property lines including the street line. 3.1.4 Option 4: THAT Staff be authorized to proceed with a Zoning By-law amendment to require an additional parking space for a recreational vehicle. Another option utilized was the provision for an additional parking space over and above the parking requirement for the dwelling itself. This ensures adequate parking on a property while maintaining the level of on-street parking. Additional parking would be reviewed in conjunction with the Landscape Open Space regulations for the front yard. This is to ensure the majority of the yard is not asphalt or hard surfaced. This provision in conjunction with the current minimum landscape open space requirements and the requirement for two outdoor parking spaces would be difficult to achieve in the majority of lots twelve metres (forty feet) or less wide. 3.1.5 Option 5: THAT Staff be authorized to proceed with a Zoning By-law amendment to require setbacks for a parked or stored recreational vehicle. For those lots which have the ability to park a recreational vehicle in an exterior side or rear yard, there is the option to impose setbacks. As recreational vehicles can be of a considerable size, it may be appropriate to impose setbacks similar to an accessory structure. Utilizing size restrictions may also be appropriate as some recreational vehicles may exceed the permitted fence height of 2.14 metres. In addition to setbacks, REPORT NO.: PSD-109-07 PAGE 5 one municipality also required that no part of a driveway within 3 metres of the principal entrance be used for parking of recreational vehicles. These requirements would protect the views of adjacent residences. 3.1.6 Option 6: THAT Staff be authorized to proceed with a Zoning By-law amendment to permit the parking and storage of recreational vehicles within an attached garage or an accessory structure. In order to limit the visual impact of the parking and storage of large recreational vehicles, some municipalities have limited the storage to attached garages, carports and/or accessory structures. As such, the size and quantity of vehicles on a property would be limited to the available structures on site. Current accessory structure regulations in Zoning By-law 84-63 limit the size of accessory buildings to 40% of the floor area of the house and may not accommodate a structure to adequately provide storage of large recreational vehicles for smaller lots and houses. 3.1.7 Option 7: THAT Staff be authorized to proceed with a Zoning By-law amendment to require that recreational vehicles be screened from public view. Another method used is to require screening to reduce the visual impact of these vehicles. Screening could be achieved through the use of hedges or fencing. This would be effective if used in conjunction with a size restriction, as some recreational vehicles exceed the maximum permitted fence height under the Municipal Fence By- law. This option would require detailing what may be used to screen the recreational vehicles to ensure that the proposed screening does not create as great an issue as the item to be screened. 3.1.8 Option 8: THAT Staff be authorized to proceed with a Zoning By-law amendment to permit the parking and storage of recreational vehicles for a specified timeframe. Consideration has been provided by some municipalities for parking recreational vehicles in driveways for specified dates and/or time. Council could opt to allow for seasonal parking when the use of such vehicles is common. Another method is to allow parking over a specified number of days or hours per month. This would provide residents adequate time to prepare the vehicle for a trip. This option could also be used in conjunction with other options. Enforcement for this option could be more problematic if not carefully considered. 3.2 OUTDOOR STORAGE Council should be aware that if restrictions are imposed on the parking and storage of recreational vehicles on residential properties, residents may be required to find an alternative location. Currently there are a number of illegal outdoor storage locations for such vehicles throughout the rural area of the municipality. The introduction of regulations restricting the ability to park and store a recreational vehicle on an urban residential lot may lead to further proliferation of illegal storage. REPORT NO.: PSD-109-07 PAGE 6 4.0 CONCLUSIONS 4.1 Staff have identified a number of options based on a review of 17 other municipality's practices. Although none of the regulations prohibit parking or storage on a residential property, the practicality of implementing some of the options in the urban areas essentially create a prohibition. 4.2 Based on Staff's review and discussions with the Law Enforcement division of the Clerk's Department it is recommended that staff proceed with a Zoning By-law amendment incorporating Options 3, 6 and 8. It is the opinion of Staff that recreational vehicles parked or stored within an accessory building or garage should be permitted. Similarly parking or storing recreation vehicles of a limited size on a residential property may be permitted with limited impact to neighbours. Lastly larger recreational vehicles should only be permitted to be on a driveway with limited times to allow for loading and unloading prior to and after trips. Staff suggests the following recommendation be adopted. Option 9: THAT Staff be authorized to proceed with a Zoning By-law amendment allowing recreation vehicles to be parked within a garage; restrict the size and number of the recreational vehicles parked and/or stored on a residential property; and to provide limited timeframes for vehicles that are larger than a proposed size. Attachments: Attachment 1 - Municipal Zoning Regulation Comparison for the Parking of Recreational Vehicles in Residential Areas List of interested parties to be advised of Council's decision: Dave McCargar Mike and Melissa Girard Attachment 1 To Report PSD-109-07 MUNICIPAL ZONING REGULATION COMPARISON FOR THE PARKING OF RECREATIONAL VEHICLES IN RESIDENTIAL AREAS Ajax Brampton . No parking or storage of any vehicle in excess of one tonne ca acit or in excess of 7.0 m in len tho . A total of two boats, tourist trailers, mobile homes, truck campers or similar vehicles may be stored in either a rear or interior side yard provided that in the case of a boat, the overalllen th shall not exceed 7.5 m. . Parking and storage of a boat, snowmobile, or any truck trailer, mobile home, house trailer, travel trailer, or any other type of trailer, in an exterior side yard or front yard, including the part of the driveway therein is not permitted. . A travel trailer not exceeding 5.0 metres in length when closed may be parked or stored in the part of the driveway that is in the front yard. . Only one boat, snowmobile, trailer, boat on a trailer not exceeding 7.0 metres in length, one or two snowmobiles on a trailer not exceeding 7.0 metres in length may be parked or stored on a residential lot. . A boat or trailer shall not occupy any parking space required under the by-law. . A boat or trailer shall not be parked or stored closer than 7.5 metres to a rear lot line abutting a street or a reserve owned b a ublic authori . . Storage or parking of motor homes, travel trailers, snowmobiles or boats with accessory trailers, or trailers is permitted within a garage or carport. . Permitted within a rear or interior side yard no closer than 1.0 m to any lot line. . No more than two motor homes, travel trailers, snowmobiles or boats with accessory trailers, or trailers may be parked or stored on a lot. . A trailer or accessory trailer shall not exceed 11.0 m in length. . Motor home, travel trailer, snowmobile or boat with accessory trailer or trailer may be stored in a front yard or exterior side yard for a period not exceeding 72 hours in one calendar month. . A motor home, travel trailer or boat may be used for human habitation on a temporary basis for a period not exceedin 14 da s in one calendar month . Trailers and recreational vehicles not exceeding 1.82 metres in hei ht ma be arked or stored in an ard. Aurora Brantford Burlington Cambridge · Trailers and recreational vehicles exceeding 1.82 metres in height may be parked or stored in any yard between May 1 st and October 31 st At any other time such parking or storage is permitted only in yards other than a front or street side yard. . Parking or storage of recreational vehicles and trailers exceeding the height of 3.66 metres is prohibited. . Parking and storage of recreation vehicles and trailers is not permitted within a visibility triangle, at street intersections and railwa intersections. . A recreational vehicle, trailer or boat may be parked or stored in the rear yard and side yard no closer than 1.2 m to the lot line. . Permitted on a driveway in the front yard between the established building line and the street line between April 1 and Oct. 31 provided that no part of the driveway within 3 m of the principal entrance to the dwelling shall be used for such purposes. . Permitted within a garage or carport. . Permitted in a nei hbourhood arkin station. . Parking or storing of a boat, motor home, travel trailer or snow-mobile is permitted in any side or rear yard, or in any private garage, carport or other building where it does not exceed 6m in length. . Where a boat, motor home, or travel trailer exceeds 6 m in length it may be permitted for a period of no more than 72 hours in any calendar year, unless it is stored in an enclosed buildin . . Major Recreational Equipment may be stored in a garage. . Shall not be stored in the front yard or flankage yard · May be stored in a rear yard provided that it is screened from the view of the street and abutting residential properties. . May be stored in a carport or side yard provided that it is screened from view and has a minimum setback of 1.2 metres from the side lot line. . May be parked on a driveway wholly inside the lot line between Ma 1st and October 31st in each ear. . Major Recreational Equipment may be stored in a garage. · Major Recreational Equipment shall not be stored in a front or side yard abutting a street; in a rear yard unless substantially screened by a visual barrier; in a carport unless substantially screened by a visual barrier; in a side yard unless substantially screened by a visual barrier, and if it exceeds 1.4 metres in hei ht, a minimum Cobourg Hamilton Kitchener London Ii II I I side yard setback of 1.2 metres shall apply; in a driveway between November 1st to April 30th. · Major Recreational Equipment may be stored or parked on a driveway wholly inside the lot line between May 1st and October 31st provided that such equipment shall not obstruct the visibility of movement of vehicular or pedestrian traffic within a street or lane. . Shall not be used for living, sleeping or housekeeping ur oses when located on a lot within a residential zone. · One recreational vehicle, trailer or boat can be parked or stored where it has dimensions not greater than 2.4 meter. of width, 2.4 metres of height above ground, nor 6.0 metres of length on a permitted driveway, or parking area, or within a yard other than a front or exterior side yard. . One recreational vehicle, trailer or boat with dimensions greater than 2.4 metres of width, 2.4 metres of height above ground, or 6.0 metres of length, may be parked or stored within a rear yard. · Any recreational vehicle owned by the occupant and parked or stored within an enclosed building shall not be sub'ect to the above rovisions. . One trailer, with or without one boat, or up to two personal watercraft or snowmobiles, or one recreational vehicle is permitted on a driveway if it does not exceed a maximum length of 5.2 metres and a maximum height of 2.0 metres. Minimum setback to the lot line shall be 0.6 metres. . One trailer, with or without one boat, personal watercraft or snowmobile, or one recreational vehicle with a maximum length of 7.0 m and height of 3.0 m is permitted in the interior side or rear yard behind the front wall of the dwelling or in the rear yard with an interior side yard setback of 1.2 m and exterior and rear yard setback of 7.5 m. . One trailer, with or without one boat, personal watercraft or snowmobile, or one recreational vehicle less than or equal to 7 m in length and less than 3 m in height may be parked in a driveway on a temporary basis for a period of not more than 72 hours in anyone calendar month. · The parking space used shall be in addition to the required number of parking spaces for the applicable Residential Zone. . Any Recreational vehicle, trailer or any load thereon including a boat on or off a trailer or other supporting device which does not exceed a height of 2 m, may be parked or stored in any side or rear yard. If located within a flanka e it must be screened from ublic view Mississauga Oakville Oshawa from the street by a fence, wall or hedge with a minimum height of 2 m. · Any Recreational vehicle, trailer or any load thereon including a boat on or off a trailer or other supporting device exceeding 2m in height may be parked or stored in any side or rear yard between May 1st and Oct. 31st but is not ermitted within 10.5 m of the flanka e lot line. · No parking or storage of a recreational vehicle greater than 6 m in length or greater than 2.6 m in height in any part of a front or exterior side yard, nor in that portion of any rear yard of a corner lot which abuts an improved street or 0.3 m reserve for that distance from the street which is equal to or less than the depth of the exterior side yard. · No parking or storage of a boat, snowmobile or any type of camper or trailer which is designed to be towed behind a motor vehicle in any part of a front or exterior side yard, nor in that portion of any rear yard of a corner lot which abuts an improved street or 0.3 m reserve for that distance from the street which is equal to or less than the de th of the exterior side ard. · Open storage of any travel trailer, converted bus, snowmobile, motor home, pick-up camber, or any trailer is permitted in the rear or interior side yard no closer than 1 m to interior side and rear lot lines and 3 m to an exterior side lot line. · A trailer with a maximum height of 2.6 m and a maximum length of 6.7 m can be parked in the driveway. Trailers with a maximum height of 3.5 m and maximum length of 8 m can be parked in the side or rear yards. A maximum of four vehicles can be arked in a Residential zone. · Parking or outside storage of a house and/or park model trailer, a motor home, an auto trailer, a boat or boat trailer is permitted in the rear or interior side yard. · Meets the minimum setbacks for accessory buildings in the applicable Zone. · Is limited to a maximum of one each of either a house and/or park model trailer, a motor home, an auto trailer, or a boat and/or boat trailer. · Such house and/or park model trailer, motor home, auto trailer boat and/or boat trailer shall not exceed 7 metres in length exclusive of the hitch or tongue and 3.5 metres in width. · The number of house and/or park model trailers, motor homes, commercial trailers, auto trailers, boats and/or boat trailers that are fully enclosed within a private ara e is not restricted. Owen Sound Pickering Wasaga Beach Whitby (Downtown Whitby and the Village of Brooklin) ,'I · Parking or storage may be permitted for a maximum period of 5 days in anyone calendar month in a front yard or exterior side yard, provided that such lot is not used for a artment dwellin ur oses. · Storage or parking of motor homes, travel trailers, snowmobiles, boats, trailers and other personal use recreational vehicles shall only be permitted in the interior side or rear yards or a within a private garage. · Storage or parking shall be located no closer than 1.0 metres to any lot lines. · No more than one of these vehicles shall be stored or parked outside on the lot per dwelling unit. · A trailer shall not exceed 7.0 metres in length in the Village of Brooklin and 11.0 metres in length in Downtown Whitb .