HomeMy WebLinkAboutPD-113-89� w
REPORT File # b.
Res.
By -Law #Y? Z
MEETING: General Purpose and Administration Committee
DATE: Monday, May 1, 1989
� ', PD- 113-89
WBJECT: 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- li3 -89 be received; and
2. THAT the proposed amendments to the Town's Comprehensive Zoning By -law with
respect to the definition of Dwelling Unit, Semi - Detached Dwelling and the
side yard requirements pertaining to a semi - detached dwelling, be approved,
and the by -laws attached hereto be forwarded to Council for approval.
3. THAT a copy of the By -law be advertised in all local newspapers as
notification to the general public and a copy be forwarded to Mr.
Komarnicki, Region of Durham Planning Department and other agencies as per
the requirements of the Planning Act.
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.
...2
REPORT NO.: PD-113-89 PAGE 2
1.2 As Coirmittee 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
"semi-detached dwelling" especially in established large lot
residential areas.
2. SUMMARY OF PROPOSED AMENDMENTS.
2.1 The proposed amendments as prepared would have the following effect:
a) 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 form "ten (10)" to "three (3)".
b) Clarify the definition of "Dwelling" thereby noting only one
kitchen facility is permitted in a "dwelling".
c) 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 dwellfing unit to be added on
to an existing single family dwelling within the Urban
Residential Type One (Rl) zone.
3. PUBLIC MEETING AND SUBMISSIONS
3.1 A Public Meeting with respect to the proposed amendment was held on
March 20, 1989 at which time Report PD-76-89 was presented to
Committee. A citizen appeared before the Committee requesting that the
Town's by-law amendment not make reference as to who may be included
in the definition of family. It was further suggested that there are
...3
• • • a • •
'' 3
conditions people can live, without additionally imposing a rule on
personal relationship within a family.
4. STAFF COMMENTS
4.1 With respect to the proposed amendment to the definition of "Family"
as contained in Paragraph 2.1, Staff noted within Report PD -76 -89 that
the Ontario Legislature had approved in principle, an amended bill
which would delete the power of municipalities to make by -laws
restricting the number of unrelated persons who live in the same house
or apartment. In fact, Bill 128 ( An Act to amend the Planning Act)
has recently received Royal Assent and the new section 34(a) of the
Planning Act states "A provision in a by -law that distinguishes
between persons who are related and persons that are unrelated in
reppect of the occupancy of a building or structure ceases to have
effect on the day this section comes into force." In view of recent
legislation change, it appears that our current definition of family
in By -law 84 -63 could be considered null and void. Staff will be
consulting with our legal Counsel to arrive at a new definition of
family and report back in due course.
4.2 With respect to the other proposed amendments, the clarification of
one kitchen per dwelling will now make it clear that an apartment
within a single family dwelling is prohibited. Changes to the
definition of semi - detached dwelling will now only permit genuine
semi - detached or linked dwellings in the 1IR -1" zone and will
effectively eliminate previous loopholes in the by -law whereby a
property owner can actually squeeze in a small lot within an
established single family residential area in the R -1 zone.
4.3 The Amending By -law implementing the above changes is attached.
...4
REPORT 00.: PD-113-89
_________________________
Respectfully submitted,
Franklin WUv M.C.I.P.
Director of Planning 6 Development
IJ}T*FW*'ip
*Attach.
April 13, 1989
CC: Mr. Jean-Michel Domarnicki
89 Little Avenue
B0KM&0VILLE, Ontario
LlC lJ9
PAGE 4
Recommended for presentation
to the Committee
Lawrence EPKotseff
Chief Addi�jstrative Officer
DN: Notice
PLANNING ACT, 1983
The Corporation of the Town of Newcastle
TAKE NOTICE that the Council of the Corporation of the Town of Newcastle passed
By -law No. -. on the day of , 1989, under Section 34 of the Planning
Act, 1983.
AND TAKE NOTICE that any person or agency may appeal to the Ontario Municipal Board
in respect of the by -law by filing with the Clerk of the Corporation of the Town of
Newcastle not later than the day of , 1989, a notice of appeal setting
out the objection to the by -law and the reasons -in support of the objection.
An explanation of the purpose and effect of the by -law is provided for as follows:
DATED at the Town of Newcastle this day of , 1989.
P. Barrie, Clerk
Corporation of the
Town of Newcastle
40 Temperance Street
BOWMANVILLE, Ontario
L1C 3A6
EXPLANATION AS TO PURPOSE AND EFFECT OF
INTERIM CONTROL BY -LAW NO. 89-
By -law amends By -law 84 -63 to:
1. clarify the definition of "dwelling" which now permits only one kitchen per
dwelling unit.
2. clarify the definition of "dwelling - semi - detached" to permit dwelling units
linked underground and to prohibit semi- detached dwelling units in an
established single family residential area within the "Urban Residential Type
One (Rl)" zone.
3. Amend sideyard requirements for semi - detached dwellings where the distance
between a pair of linked dwellings shall be 1.2 and 1.5 metres.
Further information may be obtained by telephoning the Manager of Development Review
Branch, Mr. Larry Taylor, at 623 -3379 (Ext. 211).
522
DN: B /LAWS
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY -LAW NUMBER 89-__2,e
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 Definition of By -law 84 -63, as amended, is hereby further amended
by changing the following definitions 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 within the R1 zone."
"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. Section 12.1(a) (ii) of By -law 84 -63, as amended, is hereby further amended
as follows:
"semi- detached - dwelling, as per the definition of Section 2 ".
3. 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. i):
"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."
523
-2-
4. 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