Newmarket Council has adopted an Interim Control By-law under Section 38 of the Planning Act. This by-law temporarily prohibits the following in many areas of the town:
- Increasing the height of residential dwellings
- Building new residential dwellings on vacant lots
- Expanding the floor area of existing residential dwellings by 25% or more
- Rebuilding a residential dwelling with 25% or more floor area
The Interim Control By-law applies to the lands indicated on the map that is attached to By-law 2020-05.
This page provides details on the by-law below.
Council adopted By-law 2020-35 on June 29th, 2020. By-law 2020-35 has the effect of extending the Interim Control By-law ("ICB") for a period of six months until January, 2021. If Council adopts amendments to the Official Plan and Zoning By-law as a result of the study that initiated the ICB before that date, the ICB may be lifted before its extension.
Why was the Interim Control By-law enacted?
Residential trends in Newmarket are shifting from suburban growth to urban intensification and redevelopment. Concerns have been raised regarding the compatibility of new homes or additions to existing homes that comply with the current zoning by-law regulations but are considered to be out of character with the built form of the established neighbourhoods in which they are located.
One of the fundamental objectives of planning and zoning is to ensure compatibility between properties and land uses. Compatibility is achieved in part by regulating land use and built form.
As such, Council directed staff to initiate a study of existing established neighbourhoods to examine the regulatory framework of the Town's Zoning By-law and Official Plan and propose recommendations for amendments that will assist in maintaining the existing character of the mature neighbourhood.
Council enacted the Interim Control By-law on January 21, 2019, to restrict the level of change in the Town's established neighbourhoods until new directions have been established through completion of the study.
How does the Interim Control By-law affect me?
The Interim Control By-law prohibits the erection of, or additions to, a dwelling within defined areas of the Town of Newmarket, that results in an increase to the Gross Floor Area of the existing dwelling by 25% or more. The By-law also prohibits increasing the height of any residential dwelling structure in the area affected by the by-law.
This means that the Town will not be accepting or processing Building Permits for the following types of applications within those areas:
- Additions which add 25% or more Gross Floor Area to a house
- Rebuilding a demolished house with a new house that has a footprint which has a Gross Floor Area increase of 25% from the previous house
- Building a new house on a vacant lot
- Additions which would increase the height of the house
Does the Interim Control By-law apply to all properties in the Town?
The Interim Control By-law applies to all properties within the area defined by Schedule 1 to the By-law.
Are there any exemptions to the By-law?
The Interim Control By-law exempts applications for Building Permits, Official Plan and Zoning By-law Amendments, Minor Variances and Site Plan applications that were considered complete by the Town on or prior to the passing of the By-law.
What if I already applied for a building permit?
The Interim Control By-law exempts applications for Building Permits that were considered complete by the Town on or prior to January 21, 2019.
How long will the Interim Control By-law be in effect ?
The Interim Control By-law came into effect on January 21, 2019. The By-law was in effect for one year, until January 20, 2020, and was extended by Newmarket Council on January 20th for a period of six months in accordance with Section 38 of the Planning Act. It was extended in June 2020, until January 2021, resulting in the maximum length of two years.
How is "Gross Floor Area" defined, for the purposes of the Interim Control By-law?
Gross Floor Area means the aggregate of all floor areas of a building or structure above or below established grade, which floor areas are measured between the exterior faces of the exterior walls of the building at each floor level but excluding any porch, veranda, cellar, mechanical room or penthouse, or areas dedicated to parking within the building. For the purposes of this definition, the walls of an inner court shall be deemed to be exterior walls. The definition of "Gross Floor Area" in the Interim Control By-law is consistent with the definition of "Gross Floor Area" in the Town's Comprehensive Zoning By-law 2010-40.
Does the Interim Control By-law apply to renovations?
Renovations to a dwelling that will not result in an increase to Gross Floor Area by 25% or more, and do not increase the height, are not subject to the Interim Control By-law. Similarly, any internal renovations, such as renovations to an unfinished basement or attic, are not subject to the Interim Control By-law.
Can I obtain a building permit for an existing vacant lot?
No. The Interim Control By-law prevents the construction of a dwelling on a lot where a dwelling has not existed on the day the By-law is passed.
Does the Interim Control By-law apply to second storey additions that do not propose an increase to the building footprint?
The Interim Control By-law restricts any increase in height from what existed on a lot on the day the By-law is passed.
Does the Interim Control By-law apply to proposed dwellings or additions that increase existing Gross Floor Area by 25% or more, but are smaller than adjacent dwellings?
Yes.The Interim Control By-law was enacted as a temporary measure, to restrict the level of change in the Town's mature neighbourhoods until new policies have been established through completion of the Established Neighbourhoods Study. The Interim Control By-law will be repealed once final amendments to the Town's Comprehensive Zoning By-law have been approved by Council.
Where can I access the Interim Control By-law?
Interim Control By-law as amended can be accessed here.
Who can I contact for more information?
For more information please contact Alannah Slattery, Planner at firstname.lastname@example.org