HomeMy WebLinkAboutPD-49-85 CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director
HAMPTON,ONTARIO LOB UO TEL.(416)263.2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING
OF APRIL 15, 1985
REPORT NO. : PD-49-85
SUBJECT: ZONING BY-LAW AMENDMENT - BY-LAW 84-63
"BED AND BREAKFAST ESTABLISHMENTS"
"VACATION FARM ESTABLISHMENTS"
RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1 . That Report PD-49-85 be received; and
* 2. That the attached By-law amendment, amending Zoning
By-law 84-63, as amended, to permit "Bed and Breakfast
Establishments" and "Vacation Farm Establishments"
within the Agricultural (A) and Agricultural Exception
(A-1 ) Zones be considered.
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REPORT NO. : PD-49-85 Page 2
BACKGROUND AND COMMENT:
Council at their February 25, 1985 meeting endorsed the following
recommendation as contained within the Mayor's Report No. 3-85:
"THAT this Report be received; and
THAT the correspondence from Mrs. Ruth Cahais which
is dated February 23, 1985, be received and referred
to the Director of Planning with a request that he
bring forward the necessary amendments to the Zoning
By-law; and
THAT the Director of Planning be authorized to
undertake any required Public Notices."
Pursuant to Council 's direction, a public notice was prepared by
Staff advertising the General Purpose and Administration
Committee's meeting of April 15, 1985, at which time the amendments
would be given consideration. Staff note for the Committee's
information that the Public Notices were prepared and in keeping
with the intent and requirements of the Planning Act; thirty day
prior notice of said meeting.
In considering the use as directed, Staff has expanded same to
* include the establishment of "Vacation Farms". The attached
by-law amendment would permit the operating of either use within an
"Agricultural (A) or Agricultural Exception (A-1 )" zone, noting
that both are secondary to the principle use.
It is Staff's opinion that a "Bed and Breakfast Establishment" ,
broadly interpreted, provides a service similar to that of a
"Motel" or "Hotel" as defined within By-law 84-63 . . . ."cater to the
needs of the travelling public by furnishing sleeping
accommodations with or without facilities for the preparation and
serving of meals. . . .".
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REPORT NO. : PD-49-85 Page 3
A Bed and Breakfast Establishment has been defined, by the Ontario
Vacation Farm Association as an establishment "where visitors
arrive in the evening, sleep overnight, enjoy a pleasant breakfast
and leave in the morning".
A Motel or Hotel operation is considered a principle use and as
such, is permitted within Zoning categories within By-law 84-63
which would be in conformity with the Regional and local (where
applicable) Official Plans.
Accordingly, the proposed by-law amendments attached hereto would
permit the establishment of either a "Bed and Breakfast/Farm
Vacation" use, being secondary in nature, in the rural areas of the
Town of Newcastle (A) and (A-1 ) zones. Parking requirements to
serve said uses have been incorporated within the proposed zoning
by-law amendments.
With respect to the number of "accommodation units" permissible, in
consideration of the nature of each use being secondary to the
principle use, and the definition of Motel/Hotel in By-law 84-63 -
whereby a Motel/Hotel is "three or more accommodation units", the
proposed amendment limits the number to three (3), thereby helping
to justify the secondary nature of the use within the residence in
question.
Staff would note that any such use would require the approvals of
the Town of Newcastle Building Department and the Town of Newcastle
Fire Department with respect to the Ontario Building Code
requirements and fire prevention methods proposed within said
residences.
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REPORT NO. : PD-49-85 Page 4
Lastly, Staff would note that the Regional Planning Department has
confirmed that, in their opinion, such use(s) would be permissible
and in conformity with the applicable provisions in the Regional
Official Plan as home occupations accessory to the principle,
farming or residential components.
This opinion is shared by Town Staff and we note that, to be
considered a home occupation, the use must be subordinate to the
principle use and must be located within a dwelling. Staff are
satisfied the proposed uses can be considered as home occupations
* and have prepared the attached by-law accordingly.
Respectful itted,
T.T. Edwards, M.C.I.P.
Director of Planning
LDT*TTE*jip
*Attach.
March 14, 1985
THE CORPORATION OF THE TOWN OF NEWCASTLE
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BY-LAW 85- A14
being a By-law to amend By-law 84-63, 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 By-law 84-63 is hereby amended as follows:
1) Section 2 "Definitions" is hereby amended by adding thereto the following
definition immediately following the definition of "AUDITORIUM":
"BED AND BREAKFAST ESTABLISHMENT
Shall mean a dwelling or portion thereof consisting of not more than
three (3) guestrooms in which the proprietor resides and which caters to
the needs of the travelling public by furnishing temporary sleeping
accommodations and which may or may not provide meals as an accessory use
within the dwelling, but shall not include a boarding or rooming house, a
licensed premise or a activity otherwise defined herein."
2) Section 2 "Definitions" is hereby amended by adding thereto the following
definition immediately following the definition of "USE":
"VACATION FARM ESTABLISHMENT
Shall mean a building or portion thereof, on a farm, consisting of not
more than three (3) guest rooms, in which the proprietor resides and
which caters to the needs of the travelling public by furnishing
temporary sleeping accommodations and which may or may not provide meals
as an accessory use within the dwelling, but shall not include a boarding
or rooming house, a licensed premises, or activity otherwise defined
herein."
3) Section 2 "Definitions" is hereby amended by adding to the definition
of "GUEST ROOM" the words "Bed and Breakfast Establishment and Vacation Farm
Establishment" following the word "motor hotel" in the 2nd line.
4) Section 2 "Definitions" is hereby amended by adding to the definition of
"HOME OCCUPATION" the following sentence:
"For the purposes of this By-law a "Bed and Breakfast or Vacation
Farm Establishment" shall only be deemed to be a Home Occupation Use in
the Agriculture (A) Zone or the Agricultural Exception (A-1) Zone."
5) Section 3.10d) is hereby amended by adding the words "except in the case
of a "Bed and Breakfast or Vacation Farm Establishment" after the word "use" in
the third line.
6) Section 3.14 (a) "Parking Space Requirement Table" is hereby amended by
adding the following:
"Bed and Breakfast Establishment one parking space per
Vacation Farm Establishment guest room"
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7) 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 1985
BY-LAW read a second time this day of 1985
BY-LAW read a third time and finally passed this day of
1985.
MAYOR
CLERK
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