Interim Control By-law

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​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

Interim Control By-law 2019-04 applies to:

  • Stable and Emerging Residential lands in the Town's Official Plan
  • Residential lands in the Oak Ridges Moraine
  • Residential land adjacent to historic Main Street South

This page provides details on the by-law below.

​Documents​Helpful Links

Council passed Interim Control By-law 2019-04 on January 21, 2019. 


Why was Interim Control By-law 2019-04 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 Interim Control By-law 2019-04 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 Interim Control By-law 2019-04 affect me?

Interim Control By-law 2019-04 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:

  • 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 Interim Control By-law 2019-04 apply to all properties in the Town?

Interim Control By-law 2019-04 applies to all properties within the area defined by Schedule 1 to the By-law. Specifically:

  • all lands designated Stable and Emerging Residential in the Town's Official Plan,
  • all lands designated Residential under the Oak Ridges Moraine policies,
  • and residential land uses adjacent to historic Main Street South.

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 Interim Control By-law 2019-04 be in effect for?

Interim Control By-law 2019-04 came into effect on January 21, 2019. The By-law will be in effect for one year, until January 21, 2020, unless extended by Council for one additional year in accordance with Section 38 of the Planning Act, or repealed by Council at an earlier date.


How is "Gross Floor Area" defined, for the purposes of Interim Control By-law 2019-04?

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 Interim Control By-law 2019-04 is consistent with the definition of "Gross Floor Area" in the Town's Comprehensive Zoning By-law 2010-40.


Does Interim Control By-law 2019-04 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 Interim Control By-law 2019-04. Similarly, any internal renovations, such as renovations to an unfinished basement or attic, are not subject to Interim Control By-law 2019-04.


Can I obtain a building permit for an existing vacant lot?

No. Interim Control By-law 2019-04 prevents the construction of a dwelling on a lot where a dwelling has not existed on the day the By-law is passed.


Does Interim Control By-law 2019-04 apply to second storey additions that do not propose an increase to the building footprint?

Interim Control By-law 2019-04 restricts any increase in height from what existed on a lot on the day the By-law is passed.


Does Interim Control By-law 2019-04 apply to proposed dwellings or additions that increase existing Gross Floor Area by 25% or more, but are smaller than adjacent dwellings?

Yes. Interim Control By-law 2019-04 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. Interim Control By-law 2019-04 will be repealed once final amendments to the Town's Comprehensive Zoning By-law have been approved by Council.


Where can I access Interim Control By-law 2019-04?

Interim Control By-law 2019-04 can be accessed here.


Who can I contact for more information?

For more information, please contact Dave Ruggle, Senior Planner – Community Planning, at druggle@newmarket.ca  or (905) 953-5321 ext. 2454.