HomeMy WebLinkAboutPSD-071-03
rS"~C'l.~
~
.. -'~'
'--
Cl~kJgron
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, June 16, 2003 PI 4-
PSD-071-03 File #: ZBA 2063-013
GPA-?--73-63
By-law #:t?ro 3- () r:z;
Report #:
Subject:
AMENDMENT TO THE COMPREHENSIVE ZONING BY-LAW 84-63 TO
PERMIT BED AND BREAKFAST ESTABLISHMENTS
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-071-03 be received;
2. THAT the application by the Municipality of Clarington to amend the
Comprehensive Zoning By-law 84-63, to permit Bed and Breakfast
Establishments in the various zones within the Municipality of Clarington be
APPROVED, as contained in Attachment 2; and
3. THAT all interested parties listed in this file any delegation be advised of
Council's decision,
Submitted by:
Dav. . rome, M.C.I.P. R.P,P.
Director, Planning Services
Reviewed by:
{J~~~
Franklin Wu, M.C.I.P., R.P.P.
Chief Administrative Officer
CS/DJC/df
4 June 2003
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830
627
~ _....i
REPORT NO.: PSD-071-03
PAGE 2
1.0 BACKGROUND
1.1 On June 2, 2003 the General Purpose and Administration Committee held a
Public Meeting under section 34 of the Planning Act for a proposed amendment
to Zoning By-law 84-63. The proposed amendment would permit the bed and
breakfast establishments in various zones in the municipality subject to the
corresponding zone provisions. The additional zones and zone provisions are
discussed in Section 4.0 of Report PSD-058-03. (See Attachment #1).
1.2 Committee referred the Report PSD-58-03 back to staff for further processing
and a subsequent report. The purpose of this report is to forward the By-law to
Committee for approval.
2.0 PUBLIC MEETING
2.1 At the Public Meeting, no one spoke in objection or in favour of the proposed
zoning by-law amendment.
2.2 Prior to the Public Meeting, Staff had one counter inquiry from a retired couple
residing in the vicinity of Concession Road 7 and Langmaid Road in the former
Township of Darlington. The residents were inquiring about establishing a bed
and breakfast and were in support of the proposed by-law amendment.
3.0 RECOMMENDATIONS
3,1 Given that no one spoke in favour or objection to the by-law, and all other issues
have been dealt with in PSD-058-03, it is respectfully recommended that by-law
to permit bed and breakfast establishments as shown on Attachment 2, be
APPROVED.
Attachments:
Attachment 1 - Staff Report PSD-058-03
Attachment 2 - By-law
628
~ .
REPORT NO.: PSD-071-03
PAGE 3
Interested parties to be notified of Council's decision:
Wilhemena Van Boxtell
2294 Highway 2
Bowmanville, Ontario
L 1 C 3K7
Collen Konoby
97 Daisyfield Avenue
Courtice, Ontario
LIE 3B3
Pam and Scott Riley
30 Worthington Drive
Courtice, Ontario
LI E 3A5
629
ATTACHME~JT 1
ClocmglOn
REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, June 2, 2003
Report #: PSD-058-03
File #: ZBA 2003-013
By-law #:
Subject:
BED AND BREAKFAST ESTABLISHMENTS
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-058-03 be received;
2 THAT the proposed amendment to By-law 84-63, as amended, to permit bed and
breakfast establishment in various zones within the Municipality of Clarington, be
referred back to staff for further processing and the preparation of a subsequent
report; and
3. THAT all interested parties listed in this report and any other delegation be
advised of Council's decision.
Submitted by:
Reviewed by:
k ranklin Wu
)[) ~hief Administrative Officer
vid ,Crome, M.C.I.P.,R.P.P.
Director, Planning Services
CS/L TIDC/df
23 May 2003
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623- 3379 F (905)623-0830
630
REPORT NO.: PSD-058-03
PAGE 2
1.0 BACKGROUND
1 ,1 On November 11, 2002, Council directed staff to investigate bed and breakfast
establishments, and possibly amending the zoning by-law to permit them in
various zones in the Municipality. Subsequently, on December 2, 2003 Staff
forwarded a report to Council requesting authorization to proceed with a zoning
by-law amendment, a sign by-law amendment and a licensing by-law to permit
bed and breakfast establishments. (See Attachment #'1)
1.2 The purpose of this report is to:
. satisfy the Public Meeting requirements under the Planning Act for public
input on the proposed zoning by-law amendment;
. discuss licensing bed and breakfasts establishments; and
. present and discuss the draft amendment to the zoning by-law.
2.0 NOTICE OF PUBLIC MEETING
2.1 Notice of the Public Meeting was placed in the Canadian Statesman, on May 14
and May 20, 2003,
2.2 As of the writing of this report, Staff received one (1) telephone inquirj from an
individual who wishes to establish a bed and breakfast in the hamlet of Maple
Grove.
2.3 A letter was received from Ms, Colleen Konoby, of Courtice. Ms. Konoby objects
to the bed and breakfast establishments because they cannot be properly
controlled or monitored, Guests may have questionable characters and may not
demonstrate the same level of care for a community as area residents. They may
litter, destroy property, use inappropriate language and/or behaviour and may
endanger children, The increase in parked cars and additional traffic is also a
concern, Motels and hotels can accommodate visitors, where they can be
monitored by hotel security and police. See Attachment 2.
631
REPORT NO.: PSD-058-03
PAGE 3
3.0 LICENSING
3.1 The new Ontario Municipal Act 2001 permits the licensing of many businesses at
the Municipality's discretion. Licensing shall be done for one or more of the
following reasons:
. health and safety;
. nuisance control; and
. consumer protection.
The Municipality is required to research each business it intends to license, tie
the reason for licensing to health and safety, nuisance control and consumer
protection, and then justify each license condition. In adJitiun, the Municipal Act
requests a public meeting to allow the public to make representation prior to
Council's adoption of a By-law. Furthermore, to establish a licensing fee, a
background feasibility study must be prepared to identify costs and determine a
defendable fee.
3.2 At the present time, a bed and breakfast establishment must meet the
requirements of the Regional Health Department, Ontario Building Code and Fire
Code. Municipal requirements such as zoning by-law, sign by-law and the noise
by-law conformity also considered. The Clerk's Department will be preparing a
new Licensing By-law, which will list all businesses that require a license and the
associated conditions. The By-law will be enacted in accordance with the
requirements specified in the new Ontario Municipal Act. As such, it is staff's
opinion that a licensing by-law specifically for bed and breakfast establishments
not be enacted through the rezoning procedure but be considered within the
context of the Clerk's Licensing By-law review.
4,0 DRAFT ZONING BY-LAW AMENDMENT FOR BED AND BREAKFAST
ESTABLISHMENTS
4,1 Currently the Zoning By-law considers bed and breakfast establishments to be a
home occupation, They are permitted in dwellings in Agricultural (A) and
Agricultural Exceptions (A-1) zones. The definition limits the number of guest
rooms to three (3), in an owner occupied dwelling and the proprietor mayor may
632
REPORT NO.: PSD-058-03
PAGE 4
not provide meals. One parking space per guest room is required in addition to
the two spaces required for the dwelling itself.
4.2 Staff has prepared a draft by-law amendment which proposes the various zones
in which bed and breakfast establishments can be permitted and the
corresponding provisions. The proposed by-law is contained in Attachment 3.
4.2.1 Summary of the Proposed Bv-/aw
Under the proposed draft by-law bed and breakfasts establishments will be
permitted, in addition to the currently permitted "Agricultural (A)" and "Agricultural
Exception (A-1)" Zones, within the following: "General Commercial (C1)",
"Residential Hamlet (RH)", "Residential Cluster (RC)", "Residential Shoreline
(RS)", and "Urban Residential Type One (R1)", and "Urban Residential Type Two
(R2)", inclusive of all exception zones.
The following provisions will apply:
a) a maximum of three (3) guest rooms are permitted
b) the bed and breakfast establishment shall remain clearly incidental and
secondary to the single detached in which it is situated;
c) the bed and breakfast shall not change the character of the dwelling nor
create or become a public nuisance;
d) the dwelling shall not be used simultaneously for any other home
occupation;
e) the dwelling shall be serviced by municipal water and sewerage system or
a private well and private sanitary waste disposals system that complies
with the regulations of the Ministry of Environment;
f) a maximum of three (3) parking spaces are permitted; and
g) a minimum 30% landscaped open space must be maintained in the front
yard.
5.0 STAFF COMMENTS
5.1 The proposed by-law will permit bed and breakfast establishments in a number of
zones. The various issues suGh as P5~i')9' appearance, maximum number of
REPORT NO.: PSD-058-03
PAGE 5
rooms, other permitted uses, and 10Uhouse size will be addressed by the
provisions of the proposed by-law amendment as well as the other governing
regulations within each zone. Other issues such as spatial separation and owner
occupation were discussed in the previous report. It's Staffs opinion that spatial
separation between bed and breakfasts and hotels/motels is not an issue at the
present time given the limited number of each. Staff do not anticipate a large
concentration of bed and breakfasts establishment in close proximity to existing
hotels/motels or other bed and breakfasts. With respect to owner/occupation the
definition of Bed and Breakfast Establishments in the current Zoning By-law
requires the establishment to be owner occupied. This definition is not being
amended.
5.2 Siqn
The sign by-law permits one sign per property for a home occupation. The sign
can be a ground or wall sign no greater than 0.55 square metres in size. The sign
by-law defines a sign as being the words and logo. Staff are of the opinion that
this remains appropriate for bed and breakfasts establishments and therefore are
not recommending any amendments to the sign by-law.
5.3 Oak Ridqes Moraine Conservation Plan
Staff is required to bring the Official Plan and Zoning By-iaw into conformity with
the Oak Ridges Moraine Conservation Plan by the fall 2003. Through the
conformity exercise, Staff will be examining the permitted uses within the Oak
Ridges Moraine as a result of the Oak Ridges Moraine Conservation Plan. This
will include those uses currently permitted within the Municipality's Zoning By-law
"Agricultural (A)" and "Agricultural Exception (A-1)" zones. As a result, lands
currently zoned "(A)" or "(A-1)" may lose the ability to establish a bed and
breakfast establishment. However, those bed and breakfast establishments that
currently exist, will still be permitted. Under the Oak Ridges Moraine
Conservation Plan review, staff has scheduled two (2) Public Information
Sessions for June 11th and 12th, 2003, Staff will be reporting to Council on the
amendments to the Clarington Official Plan, Zoning By-law that will be required to
implement the Conservation Plan. 63 if
REPORT NO.: PSD-OS8-03
PAGE 6
5.4 Concerns of Mrs. Konoby
Bed and Breakfast Establishments are traditionally used by the travelling public
for temporary sleeping accommodations. A proprietor has the ability to refuse a
person from entering his/her home. The Zoning By-law cannot address the
behaviour of anyone entering the home.
The by-law requires parking to be accommodated on site while maintaining 30%
landscaped open space on the front yard. A bed and breakfast establishment
must demonstrate that this provision can be met. The increase of three (3) cars
would have a minimal traffic impact in residential neighbourhoods.
6,0 RECOMMENDATIONS
6.1 Bed and breakfast establishments are an accepted type of accommodation and
are positive from a tourism perspective.
6.2 The purpose of this report is to satisfy the Public Meeting requirements in the
Planning Act and receive any comments from the general public. Staff
respectfully request that this report be referred back to staff for further processing
and the preparation of a subsequent report.
Attachments:
Attachment 1 - Staff Report (PSD-127-02)
Attachment 2 - Letter from Colleen Konoby
Attachment 3 - By-law
Interested parties to be notified of Council's decision:
Wilhemena Van Boxtell
2294 Highway 2
Bowmanville, ON L 1 C 3K7
Colleen Konoby
97 Daisyfield Avenue
Courtice, On L 1E 3B3
635
ATTACHMENT 1 TO PSD-058-03
Cl!Jlmgron
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, December 2, 2002
Report #:
PSD-127-02
File #:
By-law #:
Subject:
BED AND BREAKFAST ESTABLISHMENTS
RECOMMENDA TlONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-127-02 be received;
2. THAT Staff be aJthorized to proceed with a zoning by-law amendment, sign by-law
amendment and licensing by-law; and
3, THAT all interested parties listed in this report and any delegations be advised of
Council's decision,
Submitted by:
Davi J. Crome. MCIP, RPP
Director of Planning Services
Reviewed by C ~~ ~l.
Franklin Wu,
Chief Administrative Officer
SA *DJC*sh
November 27, 2002
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623- 3379 F (905)623-0830
636
REPORT NO.: PSD-127-02
PAGE 2
1.0 BACKGROUND
1.1 At the November 11, 2002 Council Meeting, Staff were directed by Council resolution to
investigate Bed and Breakfast establishments and the possibility of amending the
current Zoning By-law. This report will review a number of pertinent issues and
considerations relevant to Bed and Breakfast establishments and outline next steps,
The comments are based on the research that staff has completed to date, Additional
considerations may be warranted as the matter is reviewed in more detail.
1.2 Bed and Breakfast establishments are an accepted manner of accommodation and
have experienced a rising popularity in both rural and urban locations in recent
decades. In some municipalities, it has become part of the tourism and economic
development initiative. A number of inquiries from the public have been received in
recent years regarding the establishment of bed and breakfast's in hamlets and urban
areas.
2.0 ZONING
2.1 Currently the Clarington Zoning By-law considers bed and breakfast establishments to
be a home occupation and permits them in dwellings in Agricultural zones only. The
definition limits the number of guest rooms to three, in an owner occupied dwelling and
the proprietor mayor may not provide meals as an accessory use. One parking space
per guest room is required, in addition to the two spaces required for the dwelling itself.
2,2 The thrust of Council's request was to allow bed and breakfast establishments in urban
and rural settlement areas. In preparing appropriate zoning for this use, a number of
perforrnance criteria need to be developed. The following provides an overview of
some of the performance criteria used in other municipalities.
2.2,1 Spatial Separation
Some municipalities have restricted the location of bed and breakfast establishments in
context of other bed and breakfast establishments or hotels, motels and inns. For
637
REPORT NO.: PSD-127-02
PAGE 3
example the City of Oshawa does not allow a bed and breakfast establishment within
500 metres of another bed and breakfast establishment, and the City of Vanier,
although has no limiting distance between bed and breakfast establishments, limits
them to not less than 30 feet from a motel or hotels. Conversely, the City of Niagara
Falls only allows bed and breakfast establishments in Tourist Commercial zones and in
residential areas adjacent to River Road (a major arterial adjacent to the Niagara River
with a significant number of hotels and motels). This allows a tourist/traveller a choice
of accommodation within the same amenity area.
Presently, Clarington does not have a limiting distance for bed and breakfast
establishments in rural areas and there have not been complaints from hotels/motels
that there is a conflict between the two types of accommodation. Staff do not anticipate
any problems from hotel operaturs and do not foresee that there '.'!~' .1.-1 "9 !I:::: :'::,""and
that would lead to a concentration of bed and breakfast establishments in close
proximity.
In addition to residential zones, the "C1" and "C2" zones both permit existing residential
uses. For example in Bowmanville, portions of King Street East and Church Street
contain larger residential dwellings. These areas are a zone of transition between that
which is commercial and that which is residential. A bed and breakfast establishment
would be a natural fit in these neighbourhoods, providing proximity to shopping and
restaurants, but offering the coziness desired by bed and breakfast guests,
2,2.2 Parkinq
At this time, the Comprehensive Zoning By-law requires two (2) parking spaces for a
single detached dwelling. Where a bed and breakfast establishment is permitted, one
additional parking space per guest room is required, As rural properties are typically
larger than urban properties, the location of the parking spaces has not been a concern
In an urban area, two parking spaces per dwelling are also required. They may be
provided in a garage or driveway and may be located in any yard. To accommodate
638
REPORT NO.: PSD-127-02
PAGE 4
bed and breakfast establishment parking, one additional parking space per guest room
should still be required. However, to minimize impact on a residential neighbourhood
and its streetscape, consideration should be given to restricting parking in a front or
exterior side yard.
2.2,3 Appearance
Typically, in residential areas, there is a concern that a bed and breakfast establishment
will appear as a commercial use, rather than blenj in with an established
neighbourhood. Provision may be made, as is currently done for home occupation
uses, that a bed and breakfast cannot be established or operated in a manner that
changes the external residential appearance of a dwelling unit, or generates adverse
effects such as those from excessive traffic (by limiting the number of guest rooms),
parking (as noted above), or noise.
2.2.4 Maximum Number of Rooms
A number of by-laws from various municipalities including Niagara Falls, Oshawa,
Vanier, Ottawa, and North York, were reviewed and all by-laws limit the number of
guest rooms available to the public or the number of persons that may be
accommodated. The Municipality of Clarington draft zoning by-law (released July 3,
2000 for review) is proposing a maximum of three guest rooms. Planning Staff are of
the opinion that any more than three rooms may create a negative impact on a
neighbourhood due to traffic and parking.
2.2,5 Other Uses Permitted
Additional home occupation uses, such as a business or professional office, daycare or
hairdressing, create an additional traffic load and parking space requirement.
Particularly in residential area, this detracts from the established residential character of
a neighbourhood, Typically the establishment of a multi-use building requires municipal
review, Site plan approval and site specific rezoning may be more appropriate than
allowing it as of right through a general text amendment to the zoning by-law.
639
REPORT NO.: PSD-127-02
PAGE 5
2.2,6 Meals
The provision of meals to guests, especially breakfast, is typically provided by a bed
and breakfast establishment. The establishment of a dining room open to the public
other than guests of the bed and breakfast, goes beyond the traditional definition of a
bed and breakfast. Eating establishments require Health Unit approval, typically employ
persons other than those residing within the dwelling, require additional parking and
loading spaces, have longer hours of operation during which traffic is generated, and
require municipal site plan approval. In areas where full municipal services are not
available there are also concems regarding well water quality and quantity and septic
bed capacity.
2.2.7 Owner Occupied
To consider the inclusion of bed and breakfast establishments in residential areas staff
would recommend that bed and breakfast establishments continue to be operated as a
home occupation. This means a bed and breakfast establishment shall also be the
principle residence of the proprietor and staff is limited to family members residing in the
home plus one additional staff person. By limiting the number of outside staff working in
a bed and breakfast establishment, parking spaces are available for bed and breakfast
establishment guests.
2.2.8 Lot or House Size
As the current Zoning By-law only permitl' bed and breakfast establishments in
Agricultural zones, lot size has not been a conc6f:!1 to date. If consideration is given to
allowing bed and breakfast establishments in urtan areas, minimum lot area and
frontage should be addressed. The Municipal Zoning By-law does provide for
landscaped open space, generally 40% to 45% of a property. Landscaped open space
does not include parking areas, driveways, or any area covered by building or structure.
By regulating minimum lot area the Municipality has a secondary rnechanism to ensure
the appearance of a bed and breakfast property has a minimal impact upon a
neighbourhood.
640
REPORT NO.: PSD-127-02
PAGE 6
In rural areas, a minimum lot area requirement of 4000 m2 (1 ac) is required for all new
lots. In consultation with the Regional Health Department, Municipal Staff can
investigate if this is also appropriate for the establishment of new bed and breakfast
uses in existing dwellings on existing lots.
3.0 SITE PLAN
3.1 Within the Municipality of Clarington, site plan approval is not required for residential
buildings containing less than three (3) cwelling units (By-law 90-130), As bed and
breakfast establishments are a home occupation within a single detached dwelling, site
plan control would not apply.
Bed and breakfast establishments are considered a home occupation as by their nature
they may be assimilated into residential neighbourhoods with minimal impact. The
Municipality's current zoning and sign by-law provisions regulate parking, appearance,
scale and signage for bed and breakfast establishments. Cash-in-Iieu of parkland and
development charges are not applicable for established residential uses and thus site
plan approval will not achieve anything further for the Municipality.
4.0 SIGNS
The Sign By-law permits one sign per property for a home occupation use. The sign
can be either a ground or wall sign, no greater than 0.55 metres in area. The Clarington
Sign By-law defines a sign as being the words and logo. The total display area may be
150% larger resulting in the total permitted sign size in 0.825 m2 or 9 fe. Staff are of the
opinion this remains appropriate for bed and breakfast establishments in urban and
rural settlement areas,
The sign by-law has three heritage resource areas where sign appearance is regulated
to protect significant architectural features on a building and to prohibit signs which
detract from the heritage nature of a surrounding area. Staff would recommend that if
bed and breakfast establishments are permitted in urban and hamlet areas that
641
REPORT NO.: PSD-127-02
PAGE 7
Schedule 1 - Heritage Resource Areas be amended in increase the size of the heritage
resource areas to include heritage areas, such as the old Bowmanville neighbourhood.
Additionally, all buildings identified or designated as heritage dwellings should follow the
same regulations for signs as per the heritage resource areas.
As urban areas and hamlets are all lit with municipal street lights, lit signs should not be
perrnitted for bed and breakfast establishments in residential areas.
5.0 INSPECTIONS AND LICENSING
Under the Municipal Act, 2001, the Municipality may require licenses where issues of
health and safety, nuisance control and consumer protection are apparent. As a place
of accommodation for visitors, the Municipality may wish to ensure that
accommodations meet basic safety requirements. As part of this licencing requirement,
inspections may be required or certificates of approval from outside agencies and
departments, For example, a tire inspection and approvals from Emergency Services
should be requiled, Health Department approval for both septic and food preparation
may be appropriate. Planning Services Department would provide comments on parking
and signage, prior to permitting a bed and breakfast business operation. By requiring a
bed and breakfast establishment to obtain a municipal license, the Clerks Department
could ensure approvals have been received from all agencies and provide a list to
Emergency Services Department for fire fighting and emergency purposes. Appropriate
fees for a licence would be determined on the basis of staff time requirements.
Staff will investigate licencing requirements concurrent with the preparation of a by-law
amendment.
6,0 RECOMMENDATION
6,1 Bed and breakfast establishments are viewed by many as a positive incentive for
tourism in an area, They can also be viewed negatively by neighbours concerned about
nuisance impacts. A recent case in the City of Oshawa led to considerable controversy
642
REPORT NO.: PSD-127-02
PAGE 8
and an Ontario Municipal Board Hearing. Nevertheless, Staff view the initiative as a
positive step tor the tourism industry in Clarington.
6.2 It is recommended that Staff be authorized to proceed with a zoning by-law amendment
and sign by-law amendment and consider the merits of a licensing by-law to permit the
establishment of bed and breakfast establishments in urban and hamlet areas in
Clarington. The Sign By-law Amendment would be incorporated into other amendments
to the Sign By-law as a low priority item.
643
ATTACHME~JT 2 TO PSD-058-03
Colleen Konobv 97 Daisevfield Ave., Courtice, ON L1 E 383 Phone: (905) 436-9642 Fax: (905)436-9642
May 10, 2003
'03MAY15 pt" 1 :09:13
Clerks Department
2nd Floor,
40 Temperance Street,
Bowmanvi!!e, Ontario L 1C 3A6
Pi-ANi/IMG- flt-"- No, ~ Z6A :l003-013
rm W(('WlT\ii1fWI!l11
, ' . -( ,!' ',\ ", " ,~ ", \ \ : \ '
To Whom It May Concern:
I wish to submit my written representation in opposition to the proposed Zoning
By-law Amendment that would permit Bed and Breakfast establishments, I don't
believe that there can be proper control and/or monitoring of such
establishments, I for one do not want such an establishment on my street or
anywhere near where' live, You can never be sure of the type and character of a
person who would use such an establishment, whether they were a criminal or
not Such a person who would be "here today and gone tomorrow" would not
have the same care for a community that one would have that lives here, Such
people may be out for their own pleasure with no respect for another's property,
such as noise, liller, property destruction, use of inappropriate language and/or
behavior, and could possibly even endanger our children
On our street an added three cars to homes with Bed and Breakfast's would
make our already crowded street even more crowed with more cars parking on
the street and an added increase to traffic flow, The increase to traffic flow would
further endanger the children that play in the street, and add to the traffic noise
that already exits
There are already hotels and motels to accommodate visitors to.OlJl~ ac}l'IirilliJRlfte..s:V.2.
that can be more easily monitored by hotel security and police,.,TherefqrJam /~
definitely against having these kinds of establishments, ',;il5Y '~", a4Y
, GR,S;Nf>l T, ,f,c.i.d!<~
; -,-------_..
;~ES Tnt '
vi' '" ,'" d,___
--- - ,
~...,---:
I ....,.._j_ .."r_~
.-..-... . I
L___.r'__-". ~~~- ....-.-:
Sincerely,
cz~~
--<
I
_--1
",.-J
-,~'--_._-~
644
ATTACHME~n 3 TO PSD-058-03
DRAFT
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2003-_
being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the former Town of Newcastle
WHEREAS, the Council of the Corporation of the Municipality of Clarlngton deems it advisable
to amend By-law 84-63, as amended of the former Town of Newcastle to regulate Bed and
Breakfast Establishments:
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Munlc'pality
of Clarington enacts as follows:
1. ~Section 2 Definitions" is hereby amended by adding to the definition of Home Occupation
the following words immediately following "Agricultural Exception (A-1) Zone": "General
Commercial (C1)", ~ResidentiaJ Hamlet (RH)", "Rural Cluster (RC)", "Residential Shoreline
(RS)", and "Urban Residential Type One (R1)" and ~Urban Residential TYlJe Two (R2)"
Zones inclusive of aU exception zones.
2 "Section 3 General Provisions" is hereby amended by adding a new Section 33 and
sUbsequently renumbering all following sections accordingly,
"Section 3.3 BED AND BREAKFAST ESTABLISHMENTS
A Bed and Breakfast Establishment shall be permitted within a single detached dwelling
located in the ~Agricultural (A)", ~Agricultural Exception (A-~ )", "General Commercial (C1)",
"Residential Hamlet (RH)", "Rural Cluster (RC)", ~Residentia) Shoreline (RS)", ~Urban
Residential Type One (R1)" and ~Urban Residential Type Two (R2)" subject to meeting the
following provisions:
a) A maximum of three (3) guest rooms are permitttld;
b) The bed and breakfast es~ablishment stlall remain clearly, incidental and secondary to
the single detached dwelling in which it is situated;
c) The Bed and Breakfast establisllment shall not change the character of the dwelling nor
create or become a public nuisance due to traffic, noise and hours of operation;
d) The dwelling shall not be used simultaneously for any other home occupation;
e) The dwelling shall be fully serviced with municipal water and sewerage system or well
and private sanitary waste disposal system that comply with the regulations of the
Ministry of Environment; and
f) A minimum 30% landscaped open space must be maintained in the front yard."
3 This by-law shall come into effect on the date of the passing thereof, subject
to the provisions of Section 34 of the Planning Act.
BY-LAW read a first time this day of
2003
BY-LAW read a second time this day of
2003
BY-LAW read a third time and finally passed this day of
2003
John Mutton, Mayor
645
Patti L. Barrie, Municipal Clerk
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY.LAW NUMBER 2003-_
being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the former Town of Newcastle
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 Bed and
Breakfast Establishments;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality
of Clarington enacts as follows:
1. "Section 2 Definitions" is hereby amended by adding to the definition of Home Occupation
the following words immediately following "Agricultural Exception (A-1) Zone"; "General
Commercial (C1)", "Residential Hamlet (RH)", "Rural Cluster (RC)", "Residential Shoreline
(RS)", and "Urban Residential Type One (R1)" and "Urban Residential Type Two (R2)"
Zones inclusive of all exception zones.
2. "Section 3 General Provisions" is hereby amended by adding a new Section 3.3 and
subsequently renumbering all following sections accordingly.
"Section 3.3 BED AND BREAKFAST ESTABLISHMENTS
A Bed and Breakfast Establishment shall be permitled within a single detached dwelling
located in the "Agricultural (A)", "Agricultural Exception (A-1)", "General Commercial (C1)",
"Residential Hamlet (RH)", "Rura: Cluster (RC)", "Residential Shoreline (RS)", "Urban
Residential Type One (R1)" and "Urban Residential Type Two (R2)" subject to meeting the
following provisions:
a) A maximum of three (3) guest rooms are permitted;
b) The bed and breakfast establishment shall remain clearly, incidental and secondary to
the single detached dwelling in which it is situated;
c) The Bed and Breakfast establishment shall not change the character of the dwelling nor
create or become a public nuisance due to traffic, noise and hours of operation;
d) The dwelling shall not be used simultaneously for any other home occupation;
e) The dwelling shall be fully serviced with municipal water and sewerage system or well
and private sanitary waste disposal system that comply with the regulations of the
Ministry of Environment; and
f) A minimum 30% landscaped open space must be maintained in the front yard."
3. This by-law shall come into effect on the date of the passing thereof, sUbject
to the provisions of Section 34 of the Planning Act.
BY-LAW read a first time this day of
2003
BY-LAW read a second time this day of
2003
BY-LAW read a third time and finally passed this day of
2003
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
646
ATTACHMENT 2
,