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HomeMy WebLinkAboutPD-262-88 DN: 262-88 TOWN OF NEWCASTLE REPORT e # Res. # By-Law # MEETING: General Purpose and Administration Committee DATE: December 12, 1988 REPORT #: PD-262-88 — FILE #: SLB,ECT: PROPOSED AMENDMENT To COMPREHENSIVE ZONING By-LAW WITH RESPECT TO DEFINITION OF FAMILY, DWELLING UNIT, SEMI-DETACHED DWELLING, AND PARKING OF COMMERCIAL VEHICLE IN RESIDENTIAL ZONES RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-262-88 be received; and 2. THAT Staff be directed to advertise in local newspapers to advise the general public of the date and time of a public meeting to be held in relation to the proposed zoning amendment. 1. BACKGROUND 1.1 On October 31, 1988, the General Purpose and Administration Committee directed the Director of Planning to investigate the Town's parking by-law, relative to the parking of large vehicles in residential zones. 1.2 On a separate matter, Town staff and elected officials have received numerous complaints with respect to illegal rooming house and apartment, doubling-up in dwelling units, etc. in single family residential zones. There is obvious urgency to deal with these matters. REPORT NO. : PD-262-88 PAGE 2 ------------------------------------------------------------------------------- 1.3 Additionally, there have been cases where builders have taken advantage of the ambiguous term of "semi-detached dwelling" and proceeded to construct linked dwellings in established large lot residential areas. Staff is of the opinion that such loopholes in the By-laws should be eliminated. 2. PROPOSED ZONING AMENDMENTS: The following changes to the Town's Comprehensive Zoning By-law 84-63 is proposed: 2.1 Section 2 - Definition Existing definition of "Family" is: "Family shall mean one or more persons related by blood, marriage or legal adoption or not more than ten 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 persons living together as a single housekeeping unit. For the purpose of this by-law, the definition of family shall not include group homes as defined herein." Proposed change is: Delete the word "ten" in the second line and substitute with "three". It should be noted that the Supreme Court of Ontario has ruled that a municipality can, through By-law, determine how a dwelling is used but not who can use that dwelling. The legislature was never intended to give authority to a municipality to make such rules and the device of zoning by reference to the relationship of occupants. However, it would appear the municipality would have jurisdiction to determine the number of unrelated persons and Staff felt that "ten" unrelated persons contained in the present By-law is far too excessive. 2.2 Section 2 - Definition Existing definition of "Dwelling" is: "Dwelling shall mean two 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 3 REPORT NO.: PD-262-88 PAGE 3 ------------------------------------------------------------------------------- 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." Proposed change is: Add the word "one" before the word "kitchen" in the second line. 2.3 Section 2 - Definition Existing definition of "Dwelling, Semi-Detached" is: "Shall mean a building separated vertifically into two 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." Proposed change is: "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." 2.4 Section 12 - Urban Residential Type One (Rl) Zone Existing policy is: Ili. Special Yard Regulations i) Notwithstanding the interior sideyard requirements above, where a semi-detached dwelling is only connected at some point below finished grade, the minimum horizontal distance between the walls of such dwelling units above finished grade shall be 1.20 metres." Proposed change is: Ili. 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 dwelling units above finished grade shall be between 1.20 metres and 1.5 metres." .. .4 REPORT NO. : PD-262-88 PAGE 4 ------------------------------------------------------------------------------- 2.5 Section 3.14 - Parking Area Regulation Existing policy is: "Notwithstanding the foregoing within any Residential Zone, the owner or occupant of a dwelling unit may use a parking space for the purposes of parking or storage of one commercial motor vehicle, as defined under the Highway Traffic Act, as amended, provided that the gross vehicle weight, at capacity, does not exceed four (4) tonnes". Proposed change is: "Notwithstanding the foregoing, no person shall in any residential zone, use any lot for the parking or storage of any commercial motor vehicle, as defined under the Highway Traffic Act, as amended, provided that the gross vehicle weight, at capacity does not exceed one (1) ton." "No person shall in any residential zone use any part of any front yard except the driveway for the parking or temporary storage of camp trailers, motor homes, truck campers, boats or motorized snow vehicles." 3. COMMENTS: 3.1 Prior to the Town passing an amendment to the Zoning By-law to incorporate any change, the Planning Act requires the municipality to hold a public meeting and requires notice to be sent to the residents. 3.2 The proposed changes are Town-wide in nature and therefore notice will be in the form of advertisement in the local newspaper. 3.3 Upon Committee and Council's authorization to advertise, Staff will schedule a public meeting. Respectfully submitted, Recommended for presentation to t4eAomittee -- ------------------ Franklin Wu, M.C.I.P. Lawrenc Kotseff is Director of Planning & Development Chief A fmistrative Officer FW*cc *Attach. November 22, 1988