HomeMy WebLinkAboutPSD-127-02
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REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE GPfJ - if 7 g - D ~
Monday, December 2,2002 1)0 i bk
Date:
Report #: PSD-127-02
File#:
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-127-02 be received;
2. THAT Staff be authorized 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, R.P.P.
Director of Planning Services
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Reviewed by: "^-/ VL
Franklin Wu,
Chief Administrative Officer
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November 27, 2002
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830
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REPORT NO.: PSD-127-02
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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
performance 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
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REPORT NO.: PSD-127-02
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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 operators and do not foresee that there would be the demand
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
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REPORT NO.: PSD-127-02
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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 blend 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.
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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 concerns 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 permits bed and breakfast establishments in
Agricultural zones, lot size has not been a concern to date. If consideration is given to
allowing bed and breakfast establishments in urban 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 mechanism to ensure
the appearance of a bed and breakfast property has a minimal impact upon a
neighbourhood.
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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) dwelling 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 ff. 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
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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
permitted 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 fire inspection and approvals from Emergency Services
should be required, 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
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and an Ontario Municipal Board Hearing. Nevertheless, Staff view the initiative as a
positive step for 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.
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