HomeMy WebLinkAboutPD-76-89W ,f
TOWN OF NEWCASTLE
REPORT File #U`5. °.(a
Res. .f?°
By -Law #
SING: General Purpose and Administration Committee
DATE: Monday, March 20, 1989
REPORT #: PD -76 -89 FILE #:
PLN 4.1
SUBJECT: PROPOSED AMENDMENTS TO COMPREHENSIVE ZONING BY -LAW
WITH RESPECT TO DEFINITION OF FAMILY, DWELLING UNIT,
AND SEMI - DETACHED DWELLING - OUR FILE: PLN 4.1
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD -76 -89 be received; and
2. THAT the proposed amendments to the Comprehensive Zoning By -law with respect
to the definition of Family, Dwelling Unit, Semi - detached Dwelling and the
side yard requirements pertaining to a semi - detached dwelling be referred
back to Staff for further processing to enable Staff to evaluate and
consider any comments /concerns offered through Public Meeting forum.
1. BACKGROUND
1.1 On December 12, 1988, the General Purpose and Administration Committee
endorsed a recommendation that Staff be directed to advertise in local
newspapers to advise the general public of the date and time of a Public
Meeting to consider the proposed amendments to the Comprehensive Zoning
By -law 84 -63.
513
REPORT NO.: PD_76_89 PAGE 2
-------------------------------------------------------------------------------
1.2 As Committee may recall, the proposed amendments submitted for
consideration were the result of numerous complaints as received by
Town Staff and elected officials with respect to illegal rooming house
and apartment; doubling -up in dwelling units etc. in single family
residential zones.
1.3 Additionally, consideration was warranted to clarify the definition of
"semidetached dwelling ", especially in established large lot
residential areas.
2. PROPOSED ZONING AMENDMENTS
2.1 Staff has attached to this report, draft by -law amendments for
Committee's information. As noted in the recommendations, the
comments /concerns as provided through the Public Meeting forum should
be evaluated prior to any formal consideration of the draft by -law
amendments.
2.2 The proposed amendments have been considered in the following order
and would have the following effect:
1. Amend the definition of "Family" by revising the reference of the
number of persons who need not be related by blood, marriage or
legal adoption from "ten (10)" to "three (3) ".
2. Clarify the definition of "Dwelling" thereby noting only one
kitchen facility is permitted in a "dwelling ".
3. Clarify the definition of "Dwelling - Semi- detached" to mean two
separate dwellings located side by side, which may be connected
by a common wall above ground or connected underground by footing
and foundation, with each dwelling to be located on a separate
lot. Notwithstanding the above, the proposed definition will
prohibit the erection of a second dwelling unit to be added on to
an existing single family dwelling within the Urban Residential
Type One (Rl) zone.
4. Amend the side yard requirements within the Urban Residential Type
One (Rl) Zone noting that, where a semi- detached dwelling is only
connected by the footing and foundation, the horizontal distance
between the interior walls of the two dwelling units above finished
grade shall be between 1.20 metres and 1.5 metres.
...3
- - 514-
REPORT NO.: pp_76_89 PAGE 3
-------------------------------------------------------------------------------
2.3 The present definition of "Family "...
"...means one or more persons related by blood, marriage or legal
adoption or not more than ten (10) persons who need not be related by
blood, marriage or legal adoption, living together as a single
housekeeping unit. In the case of a mobile home, "family" shall mean
not more than two (2) persons living together as a single housekeeping
unit. For the purposes of this by -law, the definition of family shall
not include group homes as defined herein "...
As noted in Paragraph 2.2, the proposed amendment would revise the
reference of the number of persons who need not be related by blood,
marriage or legal adoption from ten (10) to three (3).
It should be noted that the Ontario Legislative have approved in
principle an amended bill which would delete the power of
municipalities to make by -laws restricting the number of unrelated
persons who can live in the same house or apartment. It is staff's
understanding that presently, most of the By -laws in force in North
York, Scarborough, and Markham for example, state that three (3) or
more unrelated persons cannot live in the same housing unit.
Accordingly, Staff's is of the opinion that the proposed change in the
definition of "Family" should not be persued as it may be struck down
by the Provincial Government.
2.4 The present definition of "Dwelling "...
"....shall mean two (2) or more habitable rooms, designed or intended
for use by one family, in which kitchen and sanitary facilities are
provided for the exclusive use of the family, in which a heating
system is provided and which has a private entrance from outside the
building or from a common hallway or stairway inside the building "....
The proposed amendment would permit only "one kitchen facility" to be
established in a dwelling unit.
...4
J j
REPORT N0. :8D -76 -89 PAGE 4
2.5 The present definition of "Dwelling, Semi - detached" is:
"....shall mean a building separated vertically into two (2) separate
dwelling units, each of which has an independent entrance directly
from the outside of the building and each of which is located on a
separate lot."
The proposed change would amend the definition to as follows:
"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 and
each of which will be located on a separate lot."
"For the purpose of interpretation, this definition shall not be
applicable to a dwelling unit to be erected next to or add onto an
existing single family dwelling."
The proposed changes would clarify the methods by which the dwelling
units are to be connected above ground or below grade. By
acknowledging that this definition being not applicable to a dwelling
unit to be erected next to or by adding onto an existing single family
dwelling, the established residential neighbourhood with larger lots
within the Town would not be permitted to be developed for
semi- detached dwelling purposes without an amendment to By -law 84 -63.
2.6 In addition to the proposed amendment to the definition of "Dwelling -
Semi - detached ", an amendment to the side yard requirement within the
"Urban Residential Type One (Rl)" zone would require that where the
two (2) dwelling units are connected below grade by the footing and
foundation, the horizontal distance between the interior walls above
finished grade shall be between 1.2 and 1.5 metres. The present
requirements only address a minimum distance of 1.2 metres. The
proposed amendment would provide a maximum distance of 1.5 metres.
...5
516
REPORT NO.: FD-76-89
-----------------------------------
3. STAFF COMMENTS
PAGE 5
3.1 Staff would note that the proposed amendments would be considered as
general amendments to the provisions of By -law 84 -63 and accordingly
applicable to lands within the corporate limits of the Town of
Newcastle.
3.2 By way of confirmation, Staff would note that the date of the Public
Meeting was advertised in the local newspapers consistent with the
requirements of the Planning Act for public notices.
4. PUBLIC SUBMISSION
4.1 No public written submission has been received as a result of the
notice placed in the local newspapers.
5. RECOMMENDATIONS
5.1 The purpose of this Report is to comply with the requirements of the
Planning Act and provide the public the opportunity to state comments/
concerns regarding the amendments. Accordingly, Staff would recommend
that the proposed amendments be referred back to Staff for further
processing.
Respectfully submitted,
Al
Franklin Wu, M.C.I.P.
Director of Planning & Development
LDT *FW *jip
*Attach.
March 9, 1989
1- 1 7
Recommended for presentation
to the Committee
r
_ ___ ______ ______
Lawrence otseff
Chief Ad in' trative Officer
DN: BYLAWS
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY -LAW NUMBER 89-
being a By -law to amend By -law 84 -63, the Comprehensive Zoning By -law of
the Corporation of the Town of Newcastle.
WHEREAS the Council of the Corporation of the Town of Newcastle deems it
advisable to amend By -law 84 -63, as amended, of the Corporation of the Town
of Newcastle.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Town of Newcastle enacts as follows:
1. Section 2 of By -law 84 -63, as amended, Definitions, is hereby further amended
by changing the definition of "Dwelling" to read as follows:
"Dwelling
Shall mean two (2) or more habitable rooms, designed or intended for use by
one family, in which sanitary facilities and one kitchen are provided for
the exclusive use of the family, in which a heating system is provided and
which has a private entrance from outside the building or from a common
hallway or stairway inside the building. For the purposes of this By -law, a
dwelling does not include a tent, trailer, mobile home, or a room or group
of rooms in a boarding or rooming house, a hotel, motel, motor hotel or
camping establishment. For the purpose of this definition, dwelling shall
also mean dwelling unit."
2. This By -law shall come into effect on the date of passing hereof, subject to
the provisions of Section 34 of the Planning Act.
BY -LAW read a first time this day of
BY -LAW read a second time this day of
BY -LAW read a third time and finally passed this
1989.
1989
1989
day of
51 -
MAYOR
CLERK
IDN• B /LAWS
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY -LAW NUMBER 89-
being a By -law to amend By -law 84 -63, the Comprehensive Zoning By -law of
the Corporation of the Town of Newcastle.
WHEREAS the Council of the Corporation of the Town of Newcastle deems it
advisable to amend By -law 84 -63, as amended, of the Corporation of the Town
of Newcastle.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Town of Newcastle enacts as follows:
1. Section 2 of By -law 84 -63, as amended, Definitions, is hereby further amended
by changing the definition of "Dwelling - Semi - Detached" to read as follows:
"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 and each of which will be located on a
separate lot.
For the purpose of interpretation, this definition shall not be applicable
to a dwelling unit to be erected next to or add onto an existing single
family dwelling."
2. This By -law shall come into effect on the date of passing hereof, subject to
the provisions of Section 34 of the Planning Act.
BY -LAW read a first time this day of 1989
BY -LAW read a second time this day of 1989
BY -LAW read a third time and finally passed this day of
1989.
MAYOR
CLERK
519
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY -LAW NUMBER 89-
being a By -law to amend By -law 84 -63, the Comprehensive zoning By -law of
the Corporation of the Town of Newcastle.
WHEREAS the Council of the Corporation of the Town of Newcastle deems it
advisable to amend By -law 84 -63, as amended, of the Corporation of the Town
of Newcastle.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Town of Newcastle enacts as follows:
1. Section 12.2 of By -law 84 -63, as amended, is hereby further amended by
deleting Section 12.2.1. i) and adding the following new Section 12.2.1. 1):
"i. Special Yard Regulations
i) Notwithstanding the interior sideyard requirements above, where a
semi - detached dwelling is only connected by the footing and foundation,
the horizontal distance between the interior walls of the two (2)
dwelling units above finished grade shall be between 1.20 metres and 1.5
metres."
2. This By -law shall come into effect on the date of passing hereof,
subject to the provisions of Section 34 of the Planning Act.
BY -LAW read a first time this day of
BY -LAW read a second time this day of
BY -LAW read a third time and finally passed this
1989.
1989
1989
day of
D,,
MAYOR
CLERK