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Public Meeting Report
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Report To: Joint Committees
Date of Meeting: September 13, 2021 Report Number: PDS-041-21
Submitted By: Ryan Windle, Director of Planning and Development Services
File Number: COPA2021-0003 & ZBA2021-0011 Resolution#: JC-002-21
Report Subject: Additional Dwelling Units - Official Plan and Zoning Bylaw
Amendments
Purpose of Report:
The purpose of this report is to provide information to the public and Council. It does not
constitute, imply or request any degree of approval.
Recommendations:
1. That Report PDS-041-21 and any related communication items, be received;
2. That staff consider comments from the public and Council with respect to the
Municipally -initiated Official Plan and Zoning Bylaw Amendments to increase
permissions for Additional Dwelling Units prior to bringing back a recommendation
report; and
3. That all interested parties listed in Report PDS-041-21 and any delegations be
advised of Council's decision.
Municipality of Clarington
Report PDS-041-21
Report Overview
Page 2
The proposed Amendments are being advanced as part of Clarington's Affordable Housing
Toolkit to respond to a community need for more affordable housing options. Expanding
permissions for Additional Dwelling Units (ADUs) is just one `tool' within the Affordable
Housing Toolkit that includes affordable housing requirements as we design new residential
areas through secondary plans.
The proposed policies of the Official Plan and standards of the Zoning Bylaws will help
facilitate the process for property owners who wish to add an ADU within their house or
accessory building.
The proposed level of policies and standards have been designed to accomplish a balance
between the protection of the health and safety of residents and community character with
the need for a straight -forward process. The intention is to facilitate the development of
ADUs and increase the supply of affordable housing as soon as possible.
Attachment 1 to this report is a table comparing the current Official Plan policies and Zoning
Bylaw regulations to what is proposed, and includes a brief explanatory comment for each
proposed amendment. Attachment 2 is the proposed Official Plan Amendment, and
Attachment 3 is the proposed Zoning Bylaw Amendment.
1. Background
1.1 The Planning Act has been amended to require municipalities to update their Official
Plans and Zoning Bylaws to allow one ADU within a detached, semi-detached, and
townhouse and one ADU within an accessory building on the same lot. This means that
a property could have three dwelling units: the principal dwelling unit, an ADU within the
principal building, and an ADU within a detached accessory building.
1.2 Shortly after these new permissions were granted, they were quickly incorporated into
Clarington's Affordable Housing Toolkit as outlined in Report CAO-013-19. One of the
recommendations of that report was for Staff to prepare draft Official Plan and Zoning
Bylaw Amendments to implement these changes to the Planning Act. In approving this
recommendation on November 25, 2019 in Resolution #GG-549-19, Council authorized
Staff to commence this project.
1.3 Implementing expanded permissions for ADUs is just one way that the Municipality is
addressing this important issue. Clarington's Task Force on Affordable Housing, a
predominantly citizen -based group that also includes Council members, provide advice,
comments, and recommendations to Council regarding affordable and senior's housing
in the community.
Municipality of Clarington
Report PDS-041-21
Page 3
1.4 Inclusionary Zoning will also assist in the provision of affordable housing units. This land
use planning tool enables municipalities to require that a proportion of affordable units
within proposed residential developments located in Major Transit Station Areas
(MTSAs) be provided. Both the Courtice and Bowmanville MTSAs will benefit from
these provisions.
1.5 The recently approved Southeast Courtice, Southwest Courtice, and Brookhill
Neighbourhood Secondary Plans have included policies that require either the
dedication of land or payment in lieu of dedication for the development of affordable,
public or not -for -profit housing in the community.
Current Official Plan Policies
1.6 Currently, the Municipality's Official Plan (OP) permits only one "accessory apartment"
within principal residential buildings in Urban Areas. In Rural Areas, only one accessory
apartment is permitted, but may be in either a principal residential building or within a
detached accessory structure. These current Official Plan policies are not reflected in
the Municipality's two Zoning Bylaws, which pre -date the current Official Plan.
Current Zoning Regulations
1.7 Zoning Bylaw 84-63 provides regulations for lands outside of the Oak Ridges Moraine
(ORM). Section 3.2 was added in 1997 to permit one "apartment -in-house" within the
R1, R2, and R3 zones, inclusive of all exception zones, but not within Orono where they
are not permitted. Zoning Bylaw 2005-109 provides regulations for lands within the
ORM. Section 5.7 permits one "in-house apartment" within a single detached dwelling in
Urban Residential Zones. In both Bylaws, one parking space is required for each
apartment.
Purpose of Report
1.8 The purpose of this report is to provide the context and explain the proposed Official
Plan and Zoning Bylaw Amendments, as found the Attachments to this report. These
proposed Amendments are not being recommended for approval at this time. They are
intended to be an early draft version to elicit comments from the public, commenting
agencies, and Council. After Staff have received and given consideration to these
comments, revised draft Official Plan and Zoning Bylaw Amendments will be brought to
Council for approval.
2. Legislative and Policy Context
Bill 108 and Planning Act
2.1 On September 3, 2019, Bill 108, More Homes, More Choice Act, 2019 came into effect.
In part, it amended the Planning Act to require municipalities to update their Official
Plans and Zoning By-laws to increase permissions for ADUs.
Municipality of Clarington
Report PDS-041-21
2.2 Section 16(3) of the Planning Act now states:
Page 4
"An official plan shall contain policies that authorize the use of additional residential
units by authorizing,
(a) the use of two residential units in a detached house, semi-detached house or
rowhouse; and
(b) the use of a residential unit in a building or structure ancillary to a detached
house, semi-detached house or rowhouse."
2.3 To ensure the above policies are implemented in zoning bylaws, Section 35.1(1) of the
Planning Act now states:
"The council of each local municipality shall ensure that the by-laws passed under
section 34 give effect to the policies described in subsection 16 (3)."
2.4 As with previous legislation requiring Municipalities to permit ADUs, sections 17 (24.1),
17 (36.1), and 34 (19.1) of the Planning Act provides that the adoption of ADU policies
in an Official Plan or amendments to Zoning Bylaws to give effect to the Official Plan
policies are not appealable.
Ontario Regulations ("O. Regs.")
2.5 Along with the above amendments to the Planning Act, O. Reg. 299/19 (which provides
regulations for the new ADU policies) states that ADUs are permitted in existing and
future residential buildings, and that only one parking space per ADU shall be required
unless a municipality has passed a by-law not requiring a parking space.
2.6 In 1994, O. Reg. 384/94 (which provides regulations for second residential units) came
into effect and its regulations must be adhered to, unless more recent regulations are in
effect that concern a specific issue within O. Reg. 384/94.
Provincial Policy Statement
2.7 The Provincial Policy Statement (PPS) states that efficient land use patterns support
sustainability, and that accommodating appropriate forms of affordable housing is a top
priority. Municipalities are to permit and facilitate a broad range of housing options,
including ADUs. Intensification assists with cost-effective development patterns and
minimizes servicing costs. While residential development is largely directed to
settlement areas, the PPS encourages the redevelopment of existing housing stock on
rural lands and the efficient use of existing infrastructure.
Municipality of Clarington Page 5
Report PDS-041-21
A Place to Grow: Growth Plan for the Greater Golden Horseshoe
2.8 Like the PPS, the policies of the Place to Grow plan provide for a range and mix of
housing options, including ADUs and affordable housing to serve all sizes, incomes, and
ages of households. While the Place to Grow plan's primary goal is to direct residential
development to settlement areas, it recognizes the benefit of limited rural development
so long as it is compatible with the rural landscape, is supported by existing services,
and will not adversely affect agricultural and aggregate operations.
Greenbelt Plan
2.9 On July 1, 2017, the Greenbelt Plan was updated to specify that, outside of Villages and
Hamlets, ADUs are permitted in single detached dwellings or existing accessory
buildings on the same lot so long as they are not within the Natural Heritage System
(NHS). Since the revised Greenbelt Plan came into effect on July 1, 2017, ADUs are
permitted only in accessory buildings that existed on that date.
2.10 Within Villages or Hamlets, ADUs are not permitted in the NHS, but may otherwise have
the potential for one ADU in the house, and one ADU in a new or existing accessory
structure. These permissions apply to the following Hamlets Mitchell Corners, Solina,
Hampton, Maple Grove, Tyrone, Leskard, Kendal, Brownsville, and Newtonville. These
permissions also apply to the portions of Enniskillen, Haydon, and Kirby that are within
the Greenbelt Plan Area, but the portions of these Hamlets within the ORM are subject
to more restrictive policies specific to the ORM.
Oak Ridges Moraine Conservation Plan
2.11 The Oak Ridges Moraine Conservation Plan (ORMCP) is set out in O. Reg. 140/02. Like
the Greenbelt Plan, the ORMCP was also updated in 2017. This update included a
revised definition of "single dwelling" which contained policy direction on where ADUs
could be permitted within the ORM. Clarington Staff discussed this matter with Staff
from the Ministry of Municipal Affairs and Housing. It is now clear that, for lands within
the ORM, only one ADU is permitted on a lot, and it must be within a single detached
dwelling and only within the Countryside Area (which includes Rural Settlement Areas).
This means that ADUs cannot be permitted in Natural Core or Natural Linkage areas,
and cannot be permitted in accessory buildings anywhere within the ORM.
Municipality of Clarington
Report PDS-041-21
Durham Official Plan
Page 6
2.12 The Durham Regional Official Plan (DROP) contains policies to encourage the
maintenance and improvement of existing housing stock and that 25% of new
residential units in each area municipality shall be affordable. The DROP encourages
intensification within Urban Areas, including converting single detached dwellings into
multiple residential units. The DROP does not speak directly to ADUs within the Rural
System, however the Region is currently in process of a Municipal Comprehensive
Review (Envision Durham) which will revise the DROP's policies to be in conformity with
Provincial directions, including expanded permissions for ADUs.
2019-2022 Strategic Plan and Affordable Housing Toolkit
2.13 The 2019-2022 Strategic Plan identified Council's desire to develop an Affordable
Housing Policy. In collaboration with the CAO's office, the Municipality has developed
an Affordable Housing Toolkit. This Toolkit provides three categories of tools that can be
used to help increase the number of affordable housing units in Clarington: Regulatory
and Process Tools; Land Based Incentives; and Financial Incentives. ADUs, along with
Inclusionary Zoning, reduced parking requirements and an expedited approvals process
are some of the Tools that the Planning and Development Services Department can
assist with.
3. Proposed Official Plan Amendment
3.1 While the Planning Act directs municipalities to implement Official Plan and Zoning
Bylaw Amendments to allow one ADU in a house and one ADU in an accessory
building, other Provincial policies require restrictions to protect natural features,
particularly on lands within the ORM and the Greenbelt.
3.2 The proposed Official Plan Amendment states that ADUs are not permitted within the
Natural Heritage System (NHS) as identified on Map D of the Official Plan. The NHS in
the Official Plan is more refined and accurate (and smaller) than the NHS that is
mapped in the Greenbelt Plan.
Oak Ridges Moraine Area
3.3 In conformity with the ORMCP, within the ORM, ADUs are only permitted in single
detached dwellings, and only within the Protected Countryside (which includes Rural
Settlement Areas). ADUs are not permitted in accessory buildings in any areas of the
ORM.
Municipality of Clarington
Report PDS-041-21
Greenbelt Plan Area
Page 7
3.4 For properties within the Greenbelt (but not within the NHS) only one ADU would be
permitted on a lot. The ADU could be within the principal single dwelling, or within an
accessory building if it existed on the day the revision to the Greenbelt Plan came into
effect (July 1, 2017). The Greenbelt Plan does not have such restrictive policies for
Garden Suites, which may be a viable alternative for those properties without existing
accessory structures (see section 3.10 below).
Urban Areas, Hamlets, and Whitebelt
3.5 Properties outside the NHS but within Urban Areas (including Orono), Hamlets outside
of the ORM, and the "whitebelt" (lands that are neither within a settlement area or within
the Greenbelt) all have the potential for one ADU in the principal residential building and
one ADU in an accessory building, regardless of when the accessory building was
constructed.
Summary
3.6 In summary, the potential for ADUs in different areas of the Municipality is as follows.
• For all lands in the Municipality, ADUs (or any development) is prohibited in the
NHS.
• For lands within the ORM, ADUs may be permitted only in single dwellings and
only in the Protected Countryside (which includes Rural Settlements).
• For lands outside of settlement areas within the Greenbelt, ADUs may be
permitted in either a single dwelling or an existing accessory building.
• For lands within Urban Areas (including Orono), Hamlets outside the ORM, and
the "whitebelt," one ADU may be permitted in the principal residential building,
and one ADU in the associated accessory building.
3.7 Figure 1 below is a map representing the above summarized potential locations for
ADUs. It is important to note that this map is only schematic and meant to assist
conceptualizing the permissions and restrictions at a general level. The map does not
account for flood plains or other hazards, and does not identify areas where residential
uses (including ADUs) are not permitted (such as commercial, industrial, or aggregate
extraction areas).
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Municipality of Clarington
Report PDS-041-21
Policies for Health and Safety
Page 9
3.8 The proposed Official Plan Amendment restricts ADUs from Hazard Lands, which
include flood plains, areas subject to erosion, or steep slopes to prevent personal injury,
property damage, or damage to the natural environment.
3.9 All ADUs will continue to be required to conform to the provisions of the Fire Code and
the Ontario Building Code and obtain a building permit. Prior to building permit
issuance, any development on properties with private sanitary services and water
supply will need an authorizing permit from the Durham Region Health Department
confirming there is sufficient capacity in the sanitary system and potable water supply
for the ADU.
Garden Suites
3.10 Garden suites are self-contained dwelling units which may be permitted on properties
with a principal residential dwelling unit. They require a Temporary Use Bylaw, which is
similar to a site -specific Zoning Bylaw Amendment, but is only valid for a maximum of
20 years. Garden Suites are not permitted in the ORM, and must be outside the
Greenbelt NHS. However, though the Greenbelt Plan restricts ADUs to single dwellings
and already -existing accessory buildings, the Plan does not have such restrictions for
Garden Suites. Since Garden Suites are essentially temporary ADUs in accessory
buildings, the proposed Official Plan Amendment keeps these as an option, but updates
the definition of "Garden Suite" to be in conformity with the definition in the Planning Act.
4. Zoning Bylaw Amendments
4.1 The proposed Zoning Bylaw Amendments are drafted to facilitate the process of
allowing ADUs while also ensuring there is an appropriate level of regulation to protect
the health and safety of its residents and promote liveable, functional, and attractive
neighbourhoods. The proposed Zoning Bylaw Amendments implement the proposed
Official Plan Amendments outlined above. This includes revising definitions, identifying
where ADUs are permitted, and development regulations.
Areas Permitted
4.2 To implement where ADUs are permitted within the ORM, the proposed Amendments to
Zoning Bylaw 2005-109 would allow one ADU in a single detached dwelling within the
Rural Settlement Zone and the Agricultural Zone.
4.3 For lands south of the ORM, the proposed Amendments to Zoning Bylaw 84-63
reference land designations within the Official Plan to implement required restrictions.
Zoning bylaws do not typically rely on other documents to implement policy, but Staff
feel this approach is acceptable on an interim basis until the comprehensive zoning
bylaw review is complete.
Municipality of Clarington
Report PDS-041-21
ADUs in principal residential buildings
Page 10
4.4 The proposed Zoning Bylaw Amendments state that an ADU within a principal
residential building cannot be larger than the principal dwelling unit within that building.
Though O. Reg 384/94 prohibits regulating the relative size of two units within a
principal residential building, this proposed regulation is only to clarify which unit is the
ADU when registering the ADU with the Municipality.
4.5 Principal residential buildings in urban areas with an ADU must have a separate
entrance from the side or rear if not a shared front door. This urban design regulation
applies to all residential building forms, but will be particularly effective in prohibiting
potentially for four front doors of a semi-detached building, each dwelling containing an
ADU.
ADUs in accessory buildings
4.6 The proposed Amendments regulating accessory buildings containing an ADU are
meant to facilitate a reasonably sized ADU while also ensuring these accessory
buildings are secondary to the principal residential building.
4.7 Accessory buildings containing an ADU could be in the front or exterior side only if the
principal residential building is set far back on the lot. Other yard setback regulations
address Ontario Building Code requirements, and potential stormwater and privacy
concerns. The proposed heights are intended to facilitate a one -and -a -half storey ADU
within urban areas and a full two storeys in rural areas.
4.8 The proposed Amendments regulating the size of accessory buildings with an ADU are
through lot coverage rather than floor area. As proposed, there are three limits to the
maximum footprint of an accessory building, and whichever limit is reached first is the
maximum. The three limits are: 10% of the lot area; 120 square metres; and the zone's
maximum total lot coverage (usually 40%).
4.9 An accessory building containing an ADU with a 120 square metre footprint would be
the largest possible, and it would only be possible if 120 square metres is less than 10%
of the lot, and all buildings and structures do not exceed the zone's maximum lot
coverage for all buildings and structures.
4.10 For example, on an 800 square metre lot (approx. 8600 square feet), the maximum
footprint of an accessory building containing an ADU would be 80 square metres (10%
lot coverage), but only if the accessory building combined with all other structures did
not exceed the zone's maximum total permitted lot coverage.
Municipality of Clarington
Report PDS-041-21
Page 11
4.11 As a second example, on a 4000 square metre lot (approx. 1 acre) the maximum
footprint of an accessory building containing an ADU would not be 10% of the lot (400
square metres) but rather 120 square metres, assuming all combined structures would
not exceed the zone's maximum total permitted lot coverage.
Regulation for all ADUs
4.12 Parking requirements remain the same as they are now: one parking space per ADU or
Garden Suite. O. Reg. 299/19 states that only one parking space is required for each
ADU, unless a municipality passes a bylaw requiring less. Municipalities cannot require
more than one parking space per ADU.
4.13 Currently, limited home occupations are permitted within multi -unit buildings as detailed
in the Zoning Bylaw. It is proposed that the same opportunities be afforded to those in
ADUs, even if they are in an accessory building.
4.14 All ADUs, regardless if they are in the principal or accessory building, must conform to
the Ontario Building Code and Ontario Fire Code. The requirement that all ADUs be
registered with the Municipality will continue to help enforce conformity to zoning and
other regulations.
Exception Zones
4.15 There are two Agricultural Exception Zones that currently permit an "apartment -in-
house" with regulations. The proposed amendments are more permissive, so it is
proposed that these Exception Zones be removed to ensure fairness for these property
owners. There are two other Exception Zones that are proposed to be amended only to
update the terminology from "apartment -in-house" to "additional dwelling unit."
5. Public Notice and Submissions
Public Notice
5.1 In accordance with the Planning Act, the statutory Public Meeting was advertised at
least 20 days prior to the date of the Public Meeting (September 13, 2021). The Public
Meeting was advertised in both the Clarington This Week and the Orono Times for four
weeks, beginning on August 18, 2021.
5.2 On August 17, 2021, the website www.clarington.net/ADUs was published. The website
provides information on the project and hosts the proposed Official Plan and Zoning
Bylaw Amendments (Attachment 2 and Attachment 3 of this Report) as well as the
comparison table (Attachment 1).
Municipality of Clarington
Report PDS-041-21
Page 12
5.3 The owners of the four properties where an Exception Zone is proposed to be removed
or amended received the Notice of the Public Meeting along with a short explanatory
letter. They were invited to reach out directly to Staff who could help explain the
situation.
Public Submissions
5.4 Since the Notice of the Public Meeting was advertised in the newspapers on August 18,
2021, Staff have received comments from six residents: two of which oppose the
project, one fully supports the expanded permissions, and the remaining three support
the expanded permissions, but with comments about where ADUs should or should not
be permitted.
6. Department and Agency Comments
6.1 In accordance with the Planning Act, Notice of the Public Meeting was either mailed or
emailed to the prescribed public bodies. Over 20 departments and agencies were
requested to provide comments on the proposed Official Plan and Zoning Bylaw
Amendments. As of writing this report, comments from most of these agencies are yet
to be received. However, preliminary comments from the Durham Health Department
state they have no concerns as the requirement for a building permit will ensure there is
sufficient water supply and private sanitary service capacity to serve any new ADUs.
7. Next Steps
7.1 The purpose of this report is to provide Council and the public background and
explanation for the proposed Official Plan and Zoning Bylaw Amendments found in the
Attachments to this report. Staff will consider comments received leading up to, during,
and after the Public Meeting and bring to Council a report with recommended Official
Plan and Zoning Bylaw Amendments.
7.2 If Council approves the Official Plan and Zoning Bylaw Amendments to implement these
expanded permissions for ADUs, a new bylaw to replace Bylaw 97-77 will be brought to
Council which will require ADUs to be registered and their associated regulations can be
properly enforced.
7.3 As well, once Official Plan and Zoning Bylaw Amendments are approved by Council,
Staff will update the current basement or in-house apartment website to assist residents
with applications for adding an ADU to their property.
8. Concurrence
Not Applicable.
Municipality of Clarington Page 13
Report PDS-041-21
9. Conclusion
9.1 It is respectfully recommended that following the statutory Public Meeting and receiving
comments from members of the public and Council, Staff will prepare a
recommendation report for Council's consideration.
Staff Contacts:
Mark Jull, Planner II, 905-623-3370 ext. 2426 or mjull clarington.net
Lisa Backus, Principal Planner, at 905-623-3370 ext. 2413 or Ibackus clarington.net
Attachments:
Attachment 1 — Comparison Table with Explanatory Comment of Proposed Official Plan and
Zoning Bylaw Amendments
Attachment 2 — Proposed Official Plan Amendment
Attachment 3 — Proposed Zoning Bylaw Amendment
Interested Parties:
List of Interested Parties available from Department.
CIc7Clllb°COII
Attachment 1 to Report PDS-041-21
Comparison Tables of Draft Official Plan and Zoning By-law Amendments
Additional Dwelling Units (ADUs)
Official Plan
Proposed changes to the Official Plan are outlined in the table below. The column on the left shows what is currently in the Official Plan.
The middle column shows what is proposed to be within the Official Plan. The column on the right provides a brief explanatory
comment on the proposed changes. The proposed changes include the introduction of additional dwelling unit policies and the
modification of garden suite policies. As the policies are added/deleted/modified, the remaining subsections will be renumbered.
Current Official Plan policies
Proposed changes to Official Plan
policies
Explanatory comment
Accessory Apartments
Additional Dwelling Units
Reflects the changes to Section 16(3)
of the Planning Act as a result of Bill
6.3.5 An accessory apartment is permitted in
6.3.5 One additional dwelling unit is
108, More Homes, More Choice Act.
Urban Areas within a detached or semi-
permitted on a lot within a permitted single
detached dwelling or townhouse subject to
detached, semi-detached, or townhouse
the following:
a) Only one accessory apartment is
dwelling. One additional dwelling unit is
permitted;
permitted within a detached accessory
b) One additional parking space is
building on the same lot.
required for the accessory apartment
in accordance with the Zoning By-
law;
c) Sufficient water supply and sanitary
servicing capacity exists;
d) The accessory apartment complies
with the provisions of the Ontario
Building Code, Ontario Fire Code
and any other relevant regulations;
and
Current Official Plan policies
Proposed changes to Official Plan
Explanatory comment
policies
e) The accessory apartment is
registered with the Municipality.
6.3.6 An accessory apartment is permitted
6.3.6 Notwithstanding 6.3.5, within the Oak
Required to be in conformity with the
outside of Urban Areas within a detached
Ridges Moraine, as shown on Map H of this
Oak Ridges Moraine Conservation
dwelling or above or within a detached
Plan:
Plan (ORMCP). In 2017, the ORMCP
accessory building, subject to the following:
a) within the Natural Core and Natural
was amended with a revised definition
a) That the accessory building use is
Linkage Areas, additional dwelling units
of "single dwelling" that limits where
maintained;
b) That the accessory apartment complies
are not permitted; and
b) b) within the Countryside and
ADUs may be permitted.
with the development criteria of Section
Settlement Areas, a maximum of one
6.3.5; and
additional dwelling unit is permitted on a
c) That in the case of an accessory
lot and only within a single detached
apartment above or within an accessory
dwelling.
building, the accessory building is in close
proximity to the dwelling and is clearly
secondary to the principal dwelling.
6.3.7 Notwithstanding 6.3.5, within the
Conforms with policy 3.4.8 of the
Natural Heritage System as identified on
Official Plan.
Map D this Official Plan, additional dwelling
units are not permitted.
6.3.8 Notwithstanding 6.3.5, within the
Required to conform to Section 4.5.3
Protected Countryside of the Greenbelt Plan,
of the Greenbelt Plan.
but outside of the Natural Heritage System
The revised Greenbelt Plan came into
as identified on Map D of this Official Plan,
effect on July 1, 2017.
additional dwelling units are only permitted
within single detached dwellings and
accessory buildings that existed on (or
building permits were issued prior to) July 1,
2017.
6.3.9 Notwithstanding 6.3.5, additional
Conforms with policies in 3.7 of the
dwelling units are not permitted within
Official Plan to prevent personal
Hazard Lands as identified on Map F of this
injury, property damage, or damage to
Official Plan.
the natural environment.
Current Official Plan policies
Proposed changes to Official Plan
Explanatory comment
policies
6.3.10 Additional dwelling units shall:
Confirms need to conform to
a) comply with the provisions of the Zoning
appropriate regulations. Provisions of
By-law, Ontario Building Code, Ontario Fire
the Ontario Building Code ensure
Code and any other relevant regulations;
ADUs are properly serviced with
b) be registered with the Municipality; and
sanitary and water servicing.
c) be compatible with adjacent uses.
Registering ADUs helps ensure
conformity to regulations.
6.3.11 Where an additional dwelling unit is
Supports good urban design.
within an accessory building, the accessory
building must be secondary in size and scale
to the principal residential building.
6.3.12 An accessory building containing an
To prohibit potential severances of
additional dwelling unit may not be severed
ADUs in accessory buildings.
from the lot accommodating the principal
residential building.
Garden Suites
Garden Suites
Only changes are to policy numbers.
6.3.7 Except for areas within the Oak Ridges
6.3.12 Except for areas within the Oak
Garden Suites will continue to be
Moraine, one garden suite may be permitted
Ridges Moraine, one garden suite may be
permitted. Due to their temporary
in association with any single detached
permitted in association with any single
nature, they may be permitted in
dwelling, through a temporary use by-law,
detached dwelling, through a temporary use
those areas of the Greenbelt where
subject to Section 6.3.8. The garden suite will
by-law, subject to Section 6.3.13. The
ADUs in new accessory buildings are
be permitted for a period of no more than 20
garden suite will be permitted for a period of
not permitted.
years provided that there is an agreement
no more than 20 years provided that there is
between the owner and the Municipality
an agreement between the owner and the
regarding the occupant, the period of
Municipality regarding the occupant, the
occupancy, the installation, maintenance and
period of occupancy, the installation,
removal of the suite, and any financial
maintenance and removal of the suite, and
conditions.
any financial conditions.
6.3.8 In applying for a temporary use by-law
6.3.13 In applying for a temporary use by-
Updated to reflect new regulatory
for a garden suite, the applicant shall
law for a garden suite, the applicant shall
language for garden suites in section
demonstrate that:
demonstrate that:
39.1 of the Planning Act. Provisions of
Current Official Plan policies
Proposed changes to Official Plan
Explanatory comment
policies
a) There is a need for the garden suite to
a) The site is adequate for the garden
the Ontario Building Code ensure
provide supervised accommodation or
suite with regard to lot size, setbacks,
ADUs are properly serviced with
care for an elderly, sick or disabled
layout and private amenity areas;
sanitary and water servicing.
person; b) The site is adequate for the
b) The proposal is compatible with
garden suite with regard to lot size,
adjacent uses considering such
setbacks, layout and private amenity
matters as privacy, noise and
areas;
appearance;
b) The proposal is compatible with
c) The garden suite complies with the
adjacent uses considering such
provisions of the Zoning By-law,
matters as privacy, noise and
Ontario Building Code, Ontario Fire
appearance;
Code and any other relevant
c) There is adequate on -site parking;
regulations; and
d) There is adequate water supply and
d) d) There is no other accessory
sewage disposal
building on the lot containing an
e) services; and
additional dwelling unit.
f) There is no accessory apartment on the
lot.
12.3.8 An accessory apartment is permitted
Deleted
Policy to allow "accessory
in accordance with Section 6.3.6.
apartments" in Rural Settlements no
longer needed.
23.19.1 i. An apartment -in-house shall be
Deleted
This site -specific Official Plan
permitted within a single detached dwelling
exception is no longer needed as the
on those lands identified by Assessment Roll
proposed regulations are more
Number 1817-010-010-13850 located in Part
permissive.
Lot 6, Concession 3, Former Township of
Darlington having a municipal address of
2898 Concession Road 3, Darlington, subject
to the following:
One parking space per apartment;
a. Structural suitability of building
to accommodate alterations for
an additional unit;
b. Compliance with building and
fire regulations and other
Current Official Plan policies
Proposed changes to Official Plan
Explanatory comment
policies
municipal regulations, including
registration; and
c. Meet the requirements of the
Durham Region Health
Department with respect to
servicing.
Definitions
Accessory Apartment: a self-contained
Additional Dwelling Unit: a self-contained
Revised definition to reflect new
second dwelling unit within a permitted
dwelling unit located within a permitted
"additional dwelling unit" term.
residential dwelling or a permitted accessory
residential dwelling and a permitted
building that is clearly secondary to the
accessory building and secondary to the
principal dwelling.
principal building on the same lot.
Garden Suite: a self-contained, portable
Garden Suite: a self-contained temporary
Simplified definition that does not
dwelling unit located in a side or rear yard of
dwelling unit designed to be portable and is
contain policy direction.
an existing residential property.
secondary to the principal building on the
same lot.
Zoning By-laws 84-63 and 2005-109
Proposed changes to the Zoning By-laws (ZBLs) are outlined in the tables below. The main purpose of a ZBL is to implement the
policies in the Official Plan. The first table concerns proposed changes to ZBL 84-63, which regulates properties south of the Oak
Ridges Moraine. The following table concerns proposed changes to ZBL 2005-109, which regulates properties within the Oak Ridges
Moraine.
The column on the left shows what is currently in the Zoning By-law. The middle column shows what is proposed to be within the
Zoning By-law. The column on the right provides a brief explanatory comment on the proposed changes. The proposed changes
include the introduction of a definition of additional dwelling units and regulations including the location, size, and parking requirements.
Amendments to Zoning By-law 84-63 also include regulations for accessory buildings that contain an ADU. As sections are
added/deleted/modified, the remaining subsections will be renumbered.
Comprehensive ZBL 84-63 (applies to lands south of the Oak Ridges Moraine)
Current Zoning Regulations
Definitions
Apartment -In -House
Shall mean a self-contained second dwelling
unit within a permitted residential single
detached or semi-detached dwelling created
through converting part of or adding onto a
dwelling unit. The apartment -in-house shall
be used or intended to be used by one or
more persons and shall contain sanitary
facilities, kitchen and heating are provided.
The apartment -in-house shall have a private
entrance from outside the building or from a
common hallway or stairway inside the
building.
Garden Suite
A Garden Suite is a self-contained temporary
dwelling unit designed to provide for the care
of an elderly, sick and disabled person which
is located in the side or rear yard of a
Proposed changes to ZBL 84-63
Additional Dwelling Unit
A self-contained dwelling unit located within a
permitted residential dwelling or an accessory
building secondary to the principal residential
building on the same lot.
Garden Suite
A self-contained temporary dwelling unit
designed to be portable and is secondary to
the principal residential building on the same
lot.
Explanatory comment
Revised definition to reflect new
"additional dwelling unit" term and
removal of regulation from definition.
Revised definition to conform to
definition of "garden suite" in section
39.1 of the Planning Act.
Current Zoning Regulations
Proposed changes to ZBL 84-63
Explanatory comment
property containing a single detached
dwelling.
Regulations
3.2 Apartment -In -House
3.2 Additional Dwelling Unit
3.2 a. An apartment -in-house shall be
3.2 a. Additional dwelling units are permitted
Reflects the changes to section 16(3)
permitted within a single detached or semi-
within any legally permitted single detached,
of the Planning Act as a result of Bill
detached dwelling located within the "Urban
semi-detached or townhouse dwelling and
108, More Homes, More Choice Act.
Residential Type One (R1)", "Urban
within an accessory building on the same lot,
Residential Type Two (R2)" and "Urban
for a maximum total of three dwelling units on
Residential Type Three (R3)" zones inclusive
a lot.
of all exception zones except those
exception zones shown on Schedule 12
(Orono) of the Comprehensive Zoning By-
law, as amended, and the minimum floor
area for an "apartment -in-house" shall be 40
square metres.
3.2 b. i) Notwithstanding subsection a., any
3.2 b. Notwithstanding 3.2 a., within the
Section 4.5.3 of the Greenbelt Plan
apartment -in-house which existed prior to the
Natural Heritage System or Hazard Lands as
does not permit ADUs in Natural
date of passing of this By-law and is located
identified in the Clarington Official Plan,
Heritage System (NHS). The mapped
within a single or semi-detached dwelling, is
additional dwelling units are not permitted.
NHS in the Official Plan is more
a permitted use.
accurate (and smaller) than mapped
NHS in Greenbelt Plan. ADUs are not
3.2 b. ii) Notwithstanding subsection a., any
permitted in Hazard Lands, which
apartment -in-house which existed prior to
include floodplains as continually
November 16, 1995 and is located within a
updated by Conservation Authorities.
street townhouse or link townhouse in an
urban area is a permitted use.
Removal of unnecessary legal non-
conforming statement. Legal non-
conforming rights exist regardless of
zoning statements, and are already
covered in section 3.6 of the Zoning
Bylaw.
Current Zoning Regulations
Proposed changes to ZBL 84-63
Explanatory comment
3.2 c. Notwithstanding 3.2 a., for lands within
Section 4.5.3 of the Greenbelt Plan
the Protected Countryside within the
allows ADUs only within single
Greenbelt, but outside of the Natural Heritage
detached dwellings or existing
System as identified in the Clarington Official
accessory building in the Protected
Plan, additional dwelling units are only
Countryside (but outside Natural
permitted within single detached dwellings or
Heritage System). This regulation
accessory buildings that existed on (or
came into effect with the updated
building permits were issued prior to) July 1,
Greenbelt Plan on July 1, 2017, This
2017.
means ADUs cannot be allowed in
the Greenbelt in accessory buildings
built after that date, unless building
permits had already been issued.
3.2 d. Where an additional dwelling unit is
O. Reg 384/94 states that planning
located within the principal residential
documents cannot regulate the
building, the floor area of the additional
relative size of two units within a
dwelling unit shall not exceed the floor area
principal building. This proposed
of the principal dwelling unit.
zoning regulation is only to clarify that
the smaller of the two residential units
is the ADU and the larger is the
principal dwelling unit.
3.2 e. Within Urban Residential Zones,
An urban design policy to restrict
entrances for an additional dwelling unit
additional front doors in urban areas.
within the principal residential building may
be through a common door in the front
building fagade. Additional, separate
entrances for either the additional dwelling
unit or the principal dwelling unit must be
accessed via the rear or side yard.
3.2 f. Where an additional dwelling unit is
To implement the policy that
located within an accessory building:
accessory buildings with an ADU
must be secondary in size and scale
to the principal residential building.
Current Zoning Regulations
Proposed changes to ZBL 84-63
i) The floor area of the additional dwelling
unit must be no more than the floor area of
the principal residential building; and
ii) Notwithstanding Section 3.1 c., the
accessory building must:
a) Conform to the zone's front yard and
exterior side yard setback requirements
for residential uses;
b) Have a minimum rear yard and interior
side yard setback of 1.8 metres;
c) Have a maximum lot coverage of 10%,
or 120 square metres, or the zone's lot
coverage maximum, whichever is less;
and
d) Have a maximum height of 6 metres
within Agricultural and Rural Residential
Zones, and 5.25 metres within Urban
Residential Zones.
3.2 g. All dwelling units are subject to the
provisions of this By-law, the Ontario Building
Code, Ontario Fire Code and any other
relevant regulations.
Explanatory comment
If an ADU is in an accessory building,
the floor area of the ADU cannot be
larger than the floor area of the
principal residential building.
If an accessory building contains an
ADU, the setbacks for are slightly
more restrictive than for an accessory
building that does not have an ADU
(as found in the table in Section 3.1 c.
of the Zoning Bylaw). Heights are
more permissive to allow 2 storeys in
rural areas, and 1.5 storeys in urban
areas.
The max footprint of an accessory
building containing an ADU is the
lesser of: 10% lot coverage, 120 sq.
m., or the zone's max lot coverage.
120 sq. m is the absolute maximum,
and only possible if that is less than
10% of the lot, and all combined
buildings and structures meet the
zone's max lot coverage (usually
40%).
Emphasizes requirement to conform
to appropriate regulations. Provisions
of the Ontario Building Code ensure
ADUs are properly serviced with
sanitary and water servicing.
3.2 h. Additional dwelling units must be Registering ADUs helps ensure
registered with the Municipality. conformity to regulations.
Current Zoning Regulations
Proposed changes to ZBL 84-63
Explanatory comment
3.2 i. A home occupation is permitted within
Section 3.11 B permits some home
an additional dwelling unit, subject to Section
businesses that are appropriate for
3.11 B.
multi -unit residential buildings.
Parking Space Requirement Table within
Section 3.16
Residential (v) a) Apartment -in-house or
Residential (v) a) additional dwelling unit or
Updated only to reflect "additional
Garden Suite: 1 parking space
garden suite: 1 parking space for each
dwelling unit" term.
additional dwelling unit or garden suite.
Residential (v) b) Apartment -in-house in
Residential (v) b) additional dwelling unit in
Updated only to reflect "additional
existence prior to November 16, 1995: nil
existence prior to November 16, 1995: nil
dwelling unit" term.
Exception Zones Permitting and/or
Regulating Apartments -in -Houses
6.4.85 Agricultural Exception (A-85) Zone
Deleted
This Agricultural Exception Zone is no
Notwithstanding Sections 6.1 and 3.2 a.,
longer needed as the proposed
those lands zoned "A-85" on the schedules
regulations are more permissive.
to this By-law, may in addition to other uses
permitted in the Agricultural (A) Zone, be
used for an apartment -in-house and shall be
subject to the following zone regulations:
a. Regulations for Apartment -in-house
i) Floor Area (minimum): 40 square metres
ii) Number of bedrooms (maximum): 1
iii) Number of parking spaces (minimum): 1
6.4.93 Agricultural Exception (A-93) Zone
Deleted
This Agricultural Exception Zone is no
Notwithstanding Sections 6.1 and 3.2a those
longer needed as the proposed
lands zoned "A-93" on the Schedule to this
regulations are more permissive.
By-law, may in addition to other uses
permitted in the Agricultural (A) Zone, be
used for an apartment -in-house and shall be
subject to the following zone regulations:
a. Regulations for Apartment -in-house
Current Zoning Regulations
Proposed changes to ZBL 84-63
Explanatory comment
i) Floor Area (minimum) 40 square metres
12.2.1 f. iv) Entrances for an apartment -in-
Deleted
Regulations found in proposed
house can be found in the front building
Section 3.2 f about front doors apply
fagade through a common entrance with the
to all ADUs and so not needed for the
principal dwelling. Where a separate
Neighbourhood Character Overlay
entrance is provided it must be in the side or
Zone.
rear yard.
13.4.87 n. entrances for an apartment -in-
Deleted
Regulations found in proposed
house must be located in the side or rear
Section 3.2 f about front doors apply
yard unless it is through a common entrance
to all ADUs and so not needed for this
of a front fagade.
site -specific exception zone.
16.5.37 a. ii) One single detached residential
16.5.37 a. ii) One single detached residential
Updated only to reflect "additional
dwelling provided that no apartment -in-house
dwelling provided that no additional dwelling
dwelling unit" term.
is contained therein.
unit is contained therein.
Comprehensive ZBL 2005-109 (applies to lands within the Oak Ridges Moraine)
Current Zoning Regulations
Proposed changes to ZBL 2005-109
Explanatory comment
Table of Contents
5.7 In -House Apartment Dwellings
5.7 Additional Dwelling Units
Updated to reflect "additional dwelling
unit" term.
Definitions
In -House Apartment Dwelling
Additional Dwelling Unit
Updated to reflect "additional dwelling
An apartment dwelling located within a
A self-contained dwelling unit within a
unit" term, be in conformity with recent
permitted single detached dwelling or semi-
permitted single detached dwelling.
provincial policies.
detached dwellinq created through converting
part of or adding onto the principal dwelling.
As per section 2.7.1 of Zoning Bylaw
2005-109, this definition will be under
the parent term `dwelling' and be
expressed in this Zoning Bylaw as
additional dwellinq unit.
Garden Suite
Garden Suite
Revised definition to conform to
A one unit residential structure containing
A temporary dwelling unit designed to be
definition of "garden suites" in section
washroom and kitchen facilities that is
portable and accessory to a single detached
39.1 of the Planning Act.
designed to be portable and that is accessory
dwelling on the same lot.
to a single detached dwellin constructed on
Note that Garden Suites are not
the same lot.
permitted in the Oak Ridges Moraine.
Home occupation permission
5.6.5 In the case of an apartment dwelling or
5.6.5 In the case of an additional dwelling
Updated to provide occupants of
a townhouse dwelling, a home occupation
unit, an apartment dwelling or a townhouse
additional dwelling units the same
shall be restricted to a business or
dwelling, a home occupation shall be
opportunities as those within
administrative office which does not require
restricted to a business or administrative
apartment and townhouse dwellings.
the delivery or pick-up of goods, does not
office which does not require the delivery or
have clients coming to the dwelling, and does
pick-up of goods, does not have clients
not have employees who reside on a different
coming to the dwelling, and does not have
lot.
employees who reside on a different lot.
Regulations
5.7 In -House Apartment Dwellings
5.7 Additional Dwelling Units
5.7.1 An in-house apartment dwelling shall
5.7.1 One additional dwelling unit is
Implements Provincial policy that limits
only be permitted in a single detached
permitted on a lot in a single detached
ADUs in the Oak Ridges Moraine to
dwelling or a semi-detached dwelling located
dwellinq within the "Rural Settlement One
Countryside and Rural Settlement
in an Urban Residential Zone, provided that
(RS1)" and "Prime Agricultural (A)" zones,
Areas, but outside Natural Heritage
sanitary sewer and water services to the in-
subject to the provisions of this By-law, the
System, and only within single
house apartment dwellin are provided by a
Ontario Building Code, Ontario Fire Code
detached dwellings.
public authority.
and any other relevant regulations.
5.7.2 An in-house apartment dwelling which
5.7.2 The floor area of the additional
O. Reg 384/94 states that planning
existed prior to November 16, 1995 and
dwelling unit shall not exceed the floor area
documents cannot regulate the relative
which is located within a townhouse dwelling
of the principal dwelling unit.
size of two units within a principal
shall be deemed to be a permitted use,
building. This proposed zoning
provided that sanitary sewer and water
regulation is only to clarify that the
services to the in-house apartment dwellin
smaller of the two residential units is
are provided by a public authority.
the ADU and the larger is the principal
dwelling unit.
5.7.3 An in-house apartment dwelling shall
5.7.3 Additional dwelling units must be
Registering ADUs helps ensure
have minimum floor area of 40 square
registered with the Municipality.
conformity to regulations.
metres.
5.7.4 One parking space shall be provided for
5.7.4 One parking space shall be provided
Updated only to reflect "additional
each in-house apartment dwellin . A parking
for each additional dwelling unit. A parking
dwelling unit" term.
space is not required for an in-house
space is not required for an additional
apartment dwellinq established prior to
dwellin unit established prior to November
November 16, 1995.
16, 1995.
6.2.2 (Table 6-2)
6.2.2 (Table 6-2)
Updated only to reflect "additional
In -House Apartment: Section 5.7
Accessory Dwelling Unit: Section 5.7
dwelling unit" term.
Clar•
ngton
Attachment 2 to Report PDS-041-21
DRAFT
Amendment Number
To The Municipality of Clarington Official Plan
Purpose: The purpose of this amendment is to implement the changes to
policies 16 (3) regarding Additional Residential Units in the
Planning Act resulting from Bill 108 — the More Homes, More
Choice Act, 2019, and ensure the Clarington Official Plan remains
in conformity with Provincial goals.
Basis: This amendment is based on Section 16 (3) regarding Additional
Residential Units and Section 39.1 regarding Garden Suites in the
Planning Act, and the standards outlined in Ontario Regulation
299/19 (Additional Residential Units), Ontario Regulation 384/94
(Apartments in Houses), Ontario Regulation 140/02 (Oak Ridges
Moraine Conservation Plan), the Greenbelt Plan, and other
Provincial policies and regulations.
Actual
Amendment: The Clarington Official Plan is hereby amended as follows:
(*Note: Bold text represents an addition and text with a
strike+hrou h represents deleted text.)
The subheading `Accessory Apartments' and policies 6.3.5
and 6.3.6 are deleted in their entirety and replaced with the
following:
"Additional Dwelling Units
6.3.5 One additional dwelling unit is permitted on a lot
within a single detached, semi-detached, or townhouse
dwelling. One additional dwelling unit is permitted
within a detached accessory building on the same lot.
6.3.6 Notwithstanding 6.3.5, within the Oak Ridges
Moraine, as shown on Map H of this Plan:
a) Within the Natural Core and Natural Linkage Areas,
additional dwelling units are not permitted; and
b) Within the Countryside and Settlement Areas, a
maximum of one additional dwelling unit is
permitted on a lot and only within a single detached
dwelling."
Clar•
ngton
Attachment 2 to Report PDS-041-21
2. Existing policy 6.3 is amended by adding new policies 6.3.7
to 6.3.12 as follows and all subsequent existing policies are
renumbered accordingly:
"6.3.7 Notwithstanding 6.3.5, within the Natural Heritage
System as identified on Map D this Official Plan,
additional dwelling units are not permitted.
6.3.8 Notwithstanding 6.3.5, within the Protected
Countryside of the Greenbelt Plan, but outside of the
Natural Heritage System as identified on Map D of this
Official Plan, additional dwelling units are only permitted
within single detached dwellings or accessory buildings
that existed on (or building permits were issued prior to)
July 1, 2017.
6.3.9 Notwithstanding 6.3.5, additional dwelling units are
not permitted within Hazard Lands as identified on Map
F of this Official Plan.
6.3.10 Additional dwelling units shall:
a) comply with the provisions of the Zoning By-law,
Ontario Building Code, Ontario Fire Code and any
other relevant regulations;
b) be registered with the Municipality; and
c) be compatible with adjacent uses.
6.3.11 Where an additional dwelling unit is within an
accessory building, the accessory building must be
secondary in size and scale to the principal residential
building.
6.3.12 An accessory building containing an additional
dwelling unit may not be severed from the lot
accommodating the principal residential building."
3. The cross reference in renumbered policy 6.3.12 is
renumbered to reference 6.3.13.
4. Renumbered policy 6.3.13 is amended as follows:
"6.3.13 6.9 In applying for a temporary use by-law for a
garden suite, the applicant shall demonstrate that:
a) There is a Reed for the garden suite to provide
or disabled persOR;
Clarington
Attachment 2 to Report PDS-041-21
4) a) The site is adequate for the garden suite with regard
to lot size, setbacks, layout and private amenity areas;
c-) b) The proposal is compatible with adjacent uses
considering such matters as privacy, noise and
appearance;
d) There adequate on site parkOgL,
where adequate water supply aaTnra� �nicavage disppo.
sep—o � 4
0
c) The garden suite complies with the provisions of
the Zoning By-law, Ontario Building Code, Ontario
Fire Code and any other relevant regulations; and
f) d) There is no aGGessery an„dmenf other accessory
building on the lot containing an additional dwelling
unit."
5. The remaining policies in section 6.3 are renumbered
accordingly.
6. Policy 12.3.8 is deleted in its entirety.
7. Policy 23.19.1 i. is deleted in its entirety.
8. Section 24.2 Definitions, policy 24.2.1 is amended by
deleting the term "Accessory Apartment" and its definition.
9. Section 24.2 Definitions, policy 24.2.1 is amended as
follows:
"Additional Dwelling Unit: a self-contained dwelling unit
located within a permitted residential dwelling or a
permitted accessory building and secondary to the
principal dwelling on the same lot."
10. Section 24.2 Definitions, policy 24.2.1 is amended as
follows:
"Garden Suite: a self-contained, ortable temporary
dwelling unit loGated in a side or roar yard of an exiSt;nn
residential nr^norty designed to be portable and is
secondary to the principal dwelling unit on the same
lot."
Implementation: The provisions set forth in the Municipality of Clarington Official
Plan, regarding the implementation of the Plan, shall apply in
regard to this Amendment.
Interpretation: The provisions set forth in the Municipality of Clarington Official
Clarington
Attachment 2 to Report PDS-041-21
Plan, regarding the interpretation of the Plan, shall apply in regard
to this Amendment.
File number: COPA2021-0003
Clar•
ngton
Attachment 3 to Report PDS-041-21
DRAFT
Corporation of the Municipality of Clarington
By-law Number 20 -
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the Municipality of Clarington, and By-law 2005-109, the
Comprehensive Zoning By-law for the Corporation of the Municipality of
Clarington for lands within the Oak Ridges Moraine.
Whereas the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63 and By-law 2005-105 as amended, of the Corporation
of the Municipality of Clarington for ZBA2021-0011 to implement changes to Section 16
(3) (Additional Residential Units) and Section 39.1 (Garden Suites) in the Planning Act,
and the standards outlined in Ontario Regulation 299/19 (Additional Residential Units),
Ontario Regulation 384/94 (Apartments in Houses), Ontario Regulation 140/02 (Oak
Ridges Moraine Conservation Plan), the Greenbelt Plan, and other Provincial policies
and regulations;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows (*note: Bold text represents an addition to the text and text
with a strikethrou h represents deleted text):
By-law 84-63 is amended as follows:
1. Section 2 — Definitions is amended by deleting the term "Apartment -In -House"
and its definition.
2. Section 2 — Definitions is amended as follows:
"Additional Dwelling Unit
Draft Zoning By-law Amendment
PAGE 2
A self-contained dwelling unit located within a permitted residential
dwelling or an accessory building secondary to the principal residential
building on the same lot."
3. Section 2 — Definitions is amended as follows:
"Garden Suite
A Garden Suite is a -self-contained temporary dwelling unit designed to be
portable and is clearly secondary to the principal residential dwelling unit
on the same lot. provide the Faro of an elderly, Sink and disabled norcnn
detached dwelling."
4. The subheading "Apartment -in -House" and sections 3.2 a. and 3.2 b. be
deleted in their entirety and replaced with the following:
"Additional Dwelling Units
3.2 a. Additional dwelling units are permitted within any legally permitted
single detached, semi-detached or townhouse dwelling and within
an accessory building on the same lot, for a maximum total of three
dwelling units on a lot.
3.2 b. Notwithstanding 3.2 a., within the Natural Heritage System or
Hazard Lands as identified in the Clarington Official Plan, additional
dwelling units are not permitted."
5. Existing section 3.2 is amended by adding new sections 3.2 c. to 3.2 i as
follows:
"3.2 c. Notwithstanding 3.2 a., for lands within the Protected Countryside
within the Greenbelt, but outside of the Natural Heritage System as
identified in the Clarington Official Plan, additional dwelling units
are only permitted within single detached dwellings or accessory
buildings that existed on (or building permits were issued prior to)
July 1, 2017.
3.2 d. Where an additional dwelling unit is located within a principal
residential building, the floor area of the additional dwelling unit
shall not exceed the floor area of the principal dwelling unit.
3.2 e. Within Urban Residential Zones, entrances for an additional
dwelling unit within the principal residential building may be
through a common door in the front building facade. Additional,
separate entrances for either the additional dwelling unit or the
principal dwelling must be accessed via the rear or side yard.
Draft Zoning By-law Amendment
PAGE 3
3.2 f. Where an additional dwelling unit is located within an accessory
building:
i) The floor area of the additional dwelling unit must be no more
than the floor area of the principal residential building.
ii) Notwithstanding Section 3.1 c., the accessory building must:
a) Conform to the zone's front yard and exterior side yard
setback requirements for residential uses;
b) Have a minimum rear yard and interior side yard setback of
1.8 metres;
c) Have a maximum lot coverage of 10%, or 120 square metres,
or the zone's lot coverage maximum, whichever is less; and
d) Have a maximum height of 6 metres within Agricultural and
Rural Residential Zones, and 5.25 metres within Urban
Residential Zones.
3.2 g. All dwelling units are subject to the provisions of this By-law, the
Ontario Building Code, Ontario Fire Code and any other relevant
regulations.
3.2 h. Additional dwelling units must be registered with the Municipality.
3.2 i. A home occupation is permitted within an additional dwelling unit,
subject to Section 3.11 B."
6. The Parking Space Requirement Table within Section 3.16 is amended as
follows:
Parking Space Requirement Table
Type or nature of use
Minimum off street parking
requirement
(v)
1 parking space for each additional
a) npartmon+_in_house Additional
dwelling unit or garden suite.
unit or Garden Suite
-dwelling
b) ApartmeRt an_house Additional
Nil
dwelling unit in existence prior to
November 16, 1995
7. Section 6.4.85 is deleted in its entirety.
8. Section 6.4.93 is deleted in its entirety.
9. Section 12.2.1 f. iv) is deleted.
10. Section 13.4.87 n. is deleted.
11. Section 16.5.37 a. ii) is amended as follows:
Draft Zoning By-law Amendment
PAGE 4
One single detached residential dwelling provided that no apar+Y,- eRt ;R heyso
additional dwelling unit is contained therein.
By-law 2005-109 is amended as follows:
The Table of Contents is amended by deleting the term "In -House Apartment
Dwellings" and replacing it with "Additional Dwelling Units".
2. Section 3 — Definitions is amended by deleting the term "In -House Apartment
Dwelling" and its definition.
3. Section 3 — Definitions is amended as follows:
"Additional Dwelling Unit
A self-contained dwelling unit within a permitted single detached
dwellin_q."
4. Section 3 — Definitions is amended as follows:
"Garden Suite
A
is. temporary dwelling unit designed to be portable and that accessory to a
single detached dwelling GORstructed on the same lot."
5. Section 5.6.5 is amended as follows:
"5.6.5 In the case of an additional dwelling unit, apartment dwelling or a
townhouse dwellin , a home occupation shall be restricted to a business
or administrative office which does not require the delivery or pick-up of
goods, does not have clients coming to the dwelling, and does not have
employees who reside on a different lot."
6. The subheading `In -House Apartment Dwellings" and sections 5.7.1, 5.7.2 and
5.7.3 be deleted in their entirety and replaced with the following:
"Additional Dwelling Units
5.7.1 One additional dwelling unit is permitted on a lot in a single
detached dwelling within the "Rural Settlement One (RS1)" and
"Prime Agricultural (A)" zones, subject to the provisions of this By-
law, the Ontario Building Code, Ontario Fire Code and any other
relevant regulations.
5.7.2 The floor area of an additional dwelling unit shall not exceed the
floor area of the principal dwelling unit.
Draft Zoning By-law Amendment
PAGE 5
5.7.3 Additional dwelling units must be registered with the Municipality."
7. Section 5.7.4 is amended as follows:
"5.7.4 One parking space shall be provided for each in house pa menf
dwel�i additional dwelling unit. A parking space is not required for an
in house pa ment r/additional dwelling unit established prior
to November 16, 1995."
8. Section 6.2.2 is amended as follows:
TABLE 6-2
REGULATIONS — NUMBER OF PARKING SPACES
of Use
Number of Parking Spaces
-Type
Residential
In_House /Inorlment
Additional dwellin unit
Section 5.7