Loading...
HomeMy WebLinkAboutPD-54-97DN:APARTMENT.GJ;NE CORPORATION OF THE MUNICIPALITY OF CLARINGTON . 0;. Meeting: General Purpose and Administration Committee File # tL%i� • I Monday, r 21 Date: � A p � il � 1997 Res. # Report #: PD -54 -97 File #: DEV 96 -059 and PLN 11.15 By -law # Subject: REZONING APPLICATION AND REGISTRATION OF APARTMENTS -IN- HOUSES MUNICIPALITY OF CLARINGTON FILE: DEV 96 -059 AND PLN 11.15 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -54 -97 be received; 2. THAT rezoning application Dev 96 -059 initiated by the Municipality of Clarington to permit Apartments -in- Houses be APPROVED; 3. THAT the Zoning By -law Amendment attached hereto be forwarded to Council for approval; 4. THAT the Registration By -law requiring the mandatory registration of apartments - in- houses as attached hereto be forwarded to Council for approval; 5. THAT a copy of this report and the amending by -laws be forwarded to the Region of Durham Planning Department and to the Ministry of Municipal Affairs - Housing Branch; 6. THAT any delegation and those persons listed in this report be advised of Council's decision. 1. INTRODUCTION 1.1 The Municipality of Clarington recognizes that Apartments -in- Houses provides a much needed accommodation alternative for its citizens and provides income for homeowners. The Municipality in advocating Apartments -in- Houses is not only trying to provide an alternative housing form, but more importantly the Municipality wants to ensure the health and safety of both owners and tenants. Several Municipalities are currently examining this issue, and one Municipality has adopted by -laws to deal with apartments -in- houses (City of Brampton). Clarington is taking the initiative in being the first Municipality in Durham to act on the legislative powers granted to local government by the Province. 1.2 Houses with apartments have always existed and making these apartments a permitted use has a number of benefits: it provides a source of affordable housing; it eases the financial burden of home ownership; it provides opportunity to allow homeowners to upgrade an apartment -in- house, resulting in improved safety for inhabitants; it allows seniors and empty nesters to use excess space in their homes; • it may generate employment in the renovation and building supply sector; • it provides assurance to tenants that a registered apartment -in -house has been inspected for safety; • it meets the housing intensification goals described in the Official Plan. 1.3 In that this report is dealing with two different by -laws, staff have divided the discussion of the By -laws accordingly. Section 3 deals with the Zoning By -law Amendment and Section 4 addresses the Registration By -law. On October 21, 1996, Staff forwarded an Apartments -in- Houses report (PD -144- 96) requesting Council to authorize Staff to proceed with a general amendment to the Comprehensive Zoning By -law to allow Apartments -in- Houses and to proceed with a registry system for Apartments -in- Houses. Council endorsed this recommendation at it's October 28th, 1996 meeting. 644 REPORT • • i 1 3.1 Purpose Presently our Comprehensive Zoning By -law does not allow apartments -in- houses as a permitted use. Amendment to the Comprehensive Zoning By -law will achieve two purposes. It will bring the zoning by -law into conformity with the Official Plan and it will allow the Municipality to regulate where apartments -in- houses may locate and what zoning requirements need to be fulfilled. 3.2 Highlights of the Amendment to the Comprehensive Zoning By -law Adoption of the Zoning By -law will result in amendments to various sections of the Comprehensive Zoning By -law. Section 2, "Definitions" will be amended by adding a new definition "Apartment -in- House ". • Section 3, "General Zone Provisions" will be amended by adding a new provision prescribing the requirements for new and existing apartments -in- houses. Due to changing legislation and the differing legislative requirements, Staff must provide different provisions for existing and new apartments -in- houses. The following table briefly describes the different provisions. TABLE 1 COMPARISON OF ZONING REQUIREMENTS FOR NEW AND EXISTING APARTMENTS -IN- HOUSES New Existing Location Single and semi - detached in In any existing residence, except R1, R2 and R3 zones converted or duplex dwellings, and in any zone. Servicing Municipal water and sewer Municipal or Private Servicing Minimum Size 40m2 / 430 sq.ft. N/A Parking 1 space Not required if apartment is created before Nov. 16, 1995. . .�. � ZEM 3.3 Public Notice and Public Meeting for the Zoning By -law Amendment Legislation requires that a public meeting be held and that public notices be placed in local papers. Public notices appeared in the Clarington Independent on November 8th, 1996 and in the Courtice News, Clarington This Week, Clarington Statesman, and Orono Times on November 6th, 1996. In addition, copies of the Draft Zoning By -law were placed in all Clarington Library branches and the Clerks Department to enable the general public to view the document. On December 2nd, 1996, a statutory Public Meeting was held to consider the Draft Zoning By -law. Only one person spoke at this meeting. This resident lives in Orono and questioned why Orono had been excluded from the creation of new apartments -in- houses. She also questioned whether or not the Draft Zoning By- law applied to non - family members, and if the by -law applied to the creation of new apartments. Limited enquiries have been made with respect to the Apartments -in- Houses By- law. People want to know how to legalize an existing apartment or what requirements must be met in order to install an apartment. 3.4 Agency Comments In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. The following departments /agencies in providing comments, offered no objection to the application as filed: • Clarington Fire Department • Durham Region Planning Department • Durham Region Works Department Durham Region Health Department Ministry of Municipal Affairs - Housing Branch 646 JIL 4.1 Purpose PAGE 5 Provincial legislation provided in the Municipal Act, Section 207.3 gives Municipalities the ability to require registration of houses having an apartment -in- house. Upon completion of the registration process, both the tenant and the homeowner have the satisfaction of knowing that their apartment -in -house is legal, safe and approved by the municipality. 4.2 Highlights of the Registration By -law Adoption of this by -law makes registration mandatory for all apartments -in- houses. If an apartment -in -house is not registered, either through negligence of the owner or the lack of fulfilling certain safety requirements, the apartment -in- house is considered illegal under the Registration By -law. Registration is non- transferable. In other words, an owner can not transfer a Certification of Registration from one apartment to another. In order to qualify for registration, an apartment -in -house must comply with the Comprehensive Zoning By -law, and the Ontario Fire and Building Codes. Upon submission of an application for registration, inspection will be carried out by Fire Department and /or Building Division staff to ensure conformity to the respective Codes. The property owner is required to make those improvements as may be identified in the inspection report in order to qualify for registration. The owner of an existing apartment -in -house has up to one year from the passage of this by -law to apply for registration. In addition, any subsequent homeowner also has up to one year from the time of possession to apply for registration. Any owner who is building a new apartment -in -house will be required to register the unit as part of the building permit process. This by -law also provides for revocation of registration should an Apartment -in- House cease to meet the requirements after registration. 647 ZxM The application fee for registration is $50.00 which will contribute towards the cost of processing the application. An additional fee of $50.00 will be made payable prior to the owner receiving a Registration Certificate. This fee will cover part of the administrative and inspection costs. 6.1 Although a public meeting was held in December 1996 and notice for this meeting was placed in all local newspapers, Staff believe that additional notices should be placed in the local newspapers to advise residents that regulations are in place. 6.2 In addition, Staff have prepared two information pamphlets which can be made available to municipal residents. One pamphlet provides some commonly asked questions and answers regarding apartments -in- houses and the registration process. The second pamphlet details some of the safety standards which must be met before registration is granted. The pamphlets are attached to this Report. 7. CONCLUSION 7.1 It is apparent that Staff and Council acknowledge the benefits of apartments -in- houses. Through the mandatory registration of apartments -in- houses, Clarington is taking the initiative and acting in the best interest of the public through the protection of the health and welfare of our citizens. 7.2 Staff have had numerous meetings and discussions with the Fire Department, Building Division and By -law Division. Everyone has come to a consensus and find the by -laws, citizen guides, registration certification and application form acceptable. 7.3 Staff have also consulted with the Ministry of Municipal Affairs - Housing Branch and they have stated that they have no objections with either the zoning or the registration by -law. 648 REPORT PAGE Respectfully submitted, Franklin Wu, M.C.I.P., R.P.P. Director of Planning and Development HB *LT *FW *df 14 April 1997 Attachment #1 - Zoning by -law Amendment Attachment #2 - Registration By -law Attachment #3 - Citizen Guides Reviewed by, W.H. Stockwell Chief Administrative Officer Interested parties to be notified of Council and Committee's decision: Beverly Wakefield Fred Storsbergen P.O. Box 267 P.O. Box 416 Orono, Ontario Orono, Ontario LOB 1 MO LOB 1 MO James Douglas Bonita Cunningham Housing Development Building Branch 1545 Stephenson Road Ministry of Municipal Affairs - Housing Newcastle, Ontario 777 Bay Street 1_113 1L9 @nd Floor Toronto, Ontario John Hill M5G 2E5 159 East Haven Street Oshawa, Ontario Carolyn Johnston L1 G 6K4 30 Farncomb Cres Bowmanville, Ontario Sheila Zastawny L1C 41_5 40 Glanville Crescent Bowmanville, Ontario Denise Curr L1 C 41_7 40 Hillier Street Bowmanville, Ontario Robert Willis L1 C 3S4 5270 Main Street P.O. Box 42 Orono, Ontario LOB 1 MO 649 Al I ACHMEN l #1 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NUMBER 97- being a By -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the former Town of Newcastle, now the Corporation of the Municipality of Clarington to regulate Apartments -in- Houses. WHEREAS Section 6.3.7 within the Municipality of Clarington Official Plan provides provisions for Apartments -in- Houses; AND WHEREAS Section 34 of the Planning Act R.S.O. 1990, provides that by -laws may be passed by the Council of a Municipality regulating land uses including Apartments -in- Houses; AND WHEREAS Ontario Regulation 384/94 enacted by Bill 120 sets standards specific to Apartments -in- Houses created prior to November 16, 1995; AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By -law 84 -63, as amended, of the former Town of Newcastle to regulate apartments in houses. NOW THEREFORE the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 2 "DEFINITIONS" is hereby amended by adding the following definition for "APARTMENT -IN- HOUSE" after the definition of "APARTMENT BUILDING ". "APARTMENT -IN -HOUSE shall mean a self- contained second dwelling unit within a permitted residential single detached or semi - detached dwelling created through converting part of or adding onto a dwelling unit. The apartment -in -house shall be used or intended to be used by one or more persons and shall contain sanitary facilities, kitchen and heating are provided. The apartment -in -house shall have a private entrance from outside the building or from a common hallway or stairway inside the building." 2. Section 3 "GENERAL ZONE PROVISIONS" is hereby amended by: i) renumbering subsections 3.14(a)(v) to read 3.14(a)(vi) and inserting the following new subsection 3.14(a)(v): "3.14 a(v) Apartment -in -House 1 parking space" Apartment -in -House in existence prior to November 16, 1995 nil ii) renumbering subsection 3.2 through to 3.23 inclusive to read 3.3 to 3.24 and inserting the following new subsection 3.2: 650 -2- "3.2 APARTMENT -IN -HOUSE a) An apartment -in -house shall be permitted within a single detached or semi - detached dwelling located within the "Urban Residential Type One (R1) ", "Urban Residential Type Two (R2)" and "Urban Residential Type Three (113)" zones inclusive of all exception zones except those exception zones shown on Schedule 13 (Orono) of the Comprehensive Zoning By -law, as amended, and the minimum floor area for an "apartment -in- house" shall be 40 square metres. b) i) Notwithstanding subsection (a), any apartment -in -house which existed prior to the date of passing of this By -law and is located within a single or semi - detached dwelling, is a permitted use. ii) Notwithstanding subsection (a), any apartment -in -house which existed prior to November 16, 1995 and is located within a street townhouse or link townhouse in an urban area is a permitted use." 5. This By -law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY -LAW read a first time this day of 1997. BY -LAW read a second time this day of 1997. BY -LAW read a third time and finally passed this day of 1997. MAYOR CLERK 651 "DWELLING, DUPLEX" shall mean the whole of a building that is divided vertically or horizontally into two separate dwellings, each of which has an independent entrance either directly from the outside or through a common vestibule. "DWELLING, SEMI - DETACHED" shall mean a building separated vertically into two separate dwelling units, connected by a common wall above ground or connected underground by footing and foundation, each of which has an independent entrance directly from the outside of the building. "INSPECTOR" shall include Building Inspectors, Municipal Law Enforcement Officers or Fire Prevention Officers, "OWNER" shall mean the person or persons having title to the primary dwelling unit and shall include a Corporation. "PRIMARY DWELLING UNIT" shall mean the permitted residential single detached or semi- detached dwelling unit which has an Apartment -in -House located within it, "REGISTRAR" shall mean the Director of Planning and Development or his /her designate. SECTION 3 - APPLICATION 3.1 Application of By -law The provisions of this By -law shall apply to every owner of a dwelling which has a lawful Apartment -in -House within the primary dwelling unit and /or every owner of a dwelling who wishes to establish a lawful Apartment -in -House within the primary dwelling unit, 3.2 Submission of Application Every owner referred to in Section 3.1 shall complete an application for registration and shall submit it to the Municipality of Clarington Planning Department. 3.3 Owners' Authorization Where there is more than one owner of the land subject of the application, only one owner shall be considered the applicant. The other land owners shall complete the authorization form attached to the registration application. The application shall not be considered completed until such time as authorization forms from all owners of the subject land have been submitted. 3.4 Application Fee A non - refundable application fee of $60,04 will be paid upon submission of an 2 6 53 application for registration. A non - refundable registration fee of $50.00 will be paid upon issuance of the Certificate of Registration for the Apartment -in- House. SECTION 4 - ELIGIBILITY OF REGISTRATION 4.1 The Municipality shall register a primary dwelling unit which has a new Apartment - in -House provided the applicant's Apartment -in -House satisfies all of the following conditions: i) compliance with the Municipality's Comprehensive Zoning By -law, as amended; ii) compliance with the Ontario Fire Code where applicable; and iii) compliance with the Ontario Building Code where applicable. 4.2 Notwithstanding Section 4.1, any primary dwelling unit having an Apartment -in- House which existed prior to April 28,1997 shall be registered provided the applicant's Apartment -in -House satisfies all of the following conditions: i) compliance with the Municipality's Comprehensive Zoning By -law, as amended; ii) compliance with the Ontario Fire Code where applicable; Iii) compliance with the Ontario Building Code where applicable; and iv) that application for registration is made on or before April 28, 1998, or an application for registration is made by a subsequent owner within one year from date of possession. 4.3 Upon complete compliance with Section 4.1 or Section 4.2 of this By -law, a Certificate of Registration shall be issued by the Municipality of Clarington. Such certificate shall be site specific to that primary dwelling unit. SECTION 5 - REFUSAL AND /OR REVOCATION OF REGISTRATION 5.1 The Registrar may refuse to register any primary dwelling unit having an Apartment -in -House which does not meet the requirements of this By -law, 5.2 The Registrar may revoke the registration of any primary dwelling unit having an Apartment -in -House which, at any time after registration, ceases to meet any of the requirements set out in this By -law. 5.3 Where the Registrar revokes registration, notification shall be provided to the Owner of the primary dwelling unit of such revocation, with a brief explanation of the reason for the revocation. Such notice may be sent by regular mail, 5.4 If registration is revoked as per Section 5.2 of this By -law, and an owner wishes to reapply for a Certificate of Registration, such application is considered a new application for the purposes of this By -law. 3 654 5.5 The decision of the registrar to refuse or revoke registration is subject to an Appeal to the Ontario Court (General Division) and the decision of the Court is final. SECTION 6 - NON - COMPLIANCE WITH BY -LAW 6.1 Responsibility for Compliance with this By -law 6.1.1 Every person who contravenes any provision of this By -law is guilty of an offence and upon conviction is liable to a fine as provided for in the Provincial Offences Act, 6.1.2 The granting of registration does not relieve the owner from compliance with the requirements of this By -law or any other applicable law. 6.2 Enforcement - Entry and Inspection 6,2.1 For the purposes of conducting an inspection to determine compliance with this By -law, an Inspector may at all reasonable times and upon producing proper identification, enter upon land without a warrant. 6.2.2 Except under the authority of a search warrant, an inspector shall not enter any room or place actually used as a dwelling without requesting and obtaining the consent of the occupant, having first informed the occupier that the right of entry may be refused and entry made only under the authority of a search warrant. 6.3 Obstruction 6.3.1 No person shall obstruct or attempt to obstruct an Inspector or any person assisting an Inspector in carrying out an inspection under this By -law. SECTION 7 - ADMINISTRATION 7.1 Registrar 7.1.1 The Administration of this By -law shall be undertaken by the Registrar or his /her designate. SECTION 8 - VALIDITY 8.1 Should any part of this By -law be declared by a Court of competent jurisdiction to be invalid in part or in whole, the validity of the other provisions of this By -law shall not be affected thereby, the intent of Council being that each provision of the By -law shall be determined to be separately valid and enforceable to the fullest extent permitted by law. 4 6 JJ 9. This by -law shall come into force and effect on the date of the passing hereof, subject to the provisions of Section 207,3 of the Municipal Act, R.S.O. 1990 c. M45. BY -LAW read a first time this day of 1997. BY -LAW read a second time this day of 1997. BY -LAW read a third time and finally passed this day of 1997. MAYOR CLERK 5 656