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HomeMy WebLinkAboutPDS-055-21Clarington Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Joint Committees Date of Meeting: October 25, 2021 Report Number: PDS-055-21 Submitted By: Ryan Windle, Director of Planning and Development Services File Number: Report Subject: COPA2021-0003 & ZBA2021-0011 Resolution#: JC-055-21, C-361-21, C-362-21, C-363-21 Recommendation - Additional Dwelling Units - Official Plan and Zoning Bvlaw Amendments Recommendations: 1. That Report PDS-055-21 be received; 2. That the Official Plan Amendment 129 attached to PDS-055-21 as Attachment 3 be approved; 3. That the Zoning Bylaw Amendment attached to PDS-055-21 as Attachment 4 be approved; 4. That staff from Legislative Services present to Council a new Bylaw to replace Bylaw 97-77 to require Additional Dwelling Units be registered with the Municipality; 5. That staff approve applications for Additional Dwelling Units only after Council approves the new Bylaw to replace Bylaw 97-77 to require Additional Dwelling Units be registered with Municipality; 6. That staff be directed to request in writing the Ministry of Municipal Affairs and Housing review the restrictions to provide further flexibility for Additional Dwelling Units within the Greenbelt Plan and the Oak Ridges Moraine Conservation Plan; 7. That staff monitor the implementation of these Amendments for Additional Dwelling Units for one (1) year after approval of the Amendments and report this monitoring to Council with any recommended changes to policies, standards, or processes; and 8. That all interested parties listed in Report PDS-055-21 and any delegations be advised of Council's decision. Municipality of Clarington Report PDS-055-21 Report Overview Page 2 The recommended Official Plan and Zoning By-law 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 plan new residential areas through secondary plans. The recommended Amendments to the Official Plan and Zoning Bylaws would help facilitate the process for property owners who wish to add an ADU within their house or accessory building. The recommended policies and zoning 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 in line with the most recent legislative changes within the Planning Act. Attachment 1 to this report is a table summarizing public comments and delegations made at the Public Meeting held September 13, 2021. Attachment 2 is a table comparing the current Official Plan policies and Zoning Bylaw regulations to what are now being recommended. It also includes a brief explanatory comment for each recommended amendment and, where relevant, outlines what was changed to the Amendments since the Public Meeting. Attachment 3 is the recommended Official Plan Amendment, and Attachment 4 is the recommended 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 one more way the Municipality is addressing this important issue. Clarington's Task Force on Affordable Housing, a predominantly citizen -based group that also includes Council members, was formed to Municipality of Clarington Page 3 Report PDS-055-21 provide advice, comments, and recommendations to Council regarding affordable and senior's housing in the community. 1.4 Inclusionary Zoning would 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 recommended Official Plan and Zoning Bylaw Amendments, as found in Attachment 3 and Attachment 4 to this report. On September 13, 2021 a Statutory Public Meeting was held on those proposed Amendments as contained in PDS-041-21. Those proposed Amendments have been modified as deemed necessary and are now being recommended for approval. Municipality of Clarington Page 4 Report PDS-055-21 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. 2.2 Section 16(3) of the Planning Act now states: "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. 2.5 The recommended Amendments allow for one ADU in a principal building and one ADU in an accessory building, except where other provincial policy imposes further restrictions. The recommended Amendments conform to the Planning Act. Ontario Regulations ("O. Regs.") 2.6 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. 2.7 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. 2.8 The recommended Amendments do not distinguish between new or existing residential buildings, except where other provincial policy imposes such restrictions. The Municipality of Clarington Report PDS-055-21 Page 5 Amendments require only one parking space per ADU and conform to other provisions of both O. Reg. 299/19 and O. Reg 384/94. The recommended Amendments conform to the relevant O. Regs. Provincial Policy Statement 2.9 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. 2.10 The PPS prohibits development in natural heritage features and on lands adjacent to features. 2.11 The recommended Amendments provide for increased housing options through intensification in both urban and rural areas, and contain provisions to protect natural features and adjacent lands, which is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe 2.12 Like the PPS, the policies of the Growth 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. 2.13 The recommended Amendments provide affordable housing options while also protecting the rural landscape, in conformity with the Place to Grow plan. Greenbelt Plan 2.14 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. Staff from the Ministry of Municipal Affairs and Housing (MMAH) have confirmed this interpretation of `existing.' 2.15 The recommended Amendments allow for one ADU in the Greenbelt Plan area and limit those in accessory buildings to those that existed prior to the revised Greenbelt Plan, which conforms with the Greenbelt Plan. Municipality of Clarington Report PDS-055-21 Oak Ridges Moraine Conservation Plan Page 6 2.16 Like the Greenbelt Plan, the Oak Ridges Moraine Conservation Plan (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 MMAH. 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. 2.17 The recommended Amendments limit ADUs to single detached dwellings in specific zones in the ORM, which conforms with the ORMCP. Durham Official Plan 2.18 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 the 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. 2.19 As the recommended amendment does not propose land use designation changes, and conforms to updated provincial policy, there are no Regional Official Plan conformity concerns. 2019-2022 Strategic Plan and Affordable Housing Toolkit 2.20 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. Areas Where ADUs May or May Not Be Permitted 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 Municipality of Clarington Report PDS-055-21 Page 7 building, other Provincial policies require restrictions to protect natural features, particularly on lands within the ORM and the Greenbelt. There are also existing Official Plan policies that must be adhered to. Environmental Protection Areas and Hazards 3.2 Legislated provincial policies prohibit development within the NHS and on lands adjacent to the NHS, as well as floodplains and other hazard lands. Consistent with provincial direction, the Clarington Official Plan provides a more refined (and smaller) NHS than provided by the Province. The Official Plan's Environmental Protection Areas (EPA) is comprised of this revised NHS and, in rural areas, a 30 metre vegetation protection zone buffer, as well as floodplains. No development is permitted in the EPA, and thus ADUs are not permitted in the EPA. 3.3 Within Zoning Bylaw 2005-109, which covers lands within the Oak Ridges Moraine, the Official Plan's EPA is (with some minor deviations) zoned Environmental Protection. Thus, by allowing ADUs only within the Prime Agricultural and Rural Settlement zones, the recommended Zoning Bylaw Amendment conforms to Provincial requirements and Official Plan polices regarding the protection of environmental features. 3.4 However, within Zoning Bylaw 84-63, the areas zoned Environmental Protection do not include all of the NHS, its adjacent lands, or all floodplains. To be in conformity with Provincial policy and the Official Plan, the recommended Zoning Bylaw Amendment states that ADUs are not permitted in the Environmental Protection Area, Hazard Land including the Regulatory Shoreline Area as identified in the Official Plan. While zoning bylaws do not typically reference other documents (such as Official Plans) to implement policy, staff feel this approach is acceptable on an interim basis to advance our affordable housing goals. 3.5 At the December 14, 2020 Council meeting, in response to Zone Clarington's first draft of the comprehensive zoning bylaw, Council provided direction to staff on how to amend the EPA designation in the Official Plan and how to implement the provincial requirements to protect natural features in the comprehensive zoning bylaw. Once those amendments have been approved, permissions for where ADUs may be permitted may be expanded further than what is recommended in this report. 3.6 Nonetheless, the recommended Official Plan and Zoning Amendments appended to this report significantly expand permissions for where ADUs may be located and in no case is the current right for an "apartment -in-house" being taken from any property. 3.7 To help visualize the recommended expanded permissions, Figure 1 below shows where there is currently the potential for a single "apartment -in-house" and Figure 2 shows where there is potential for one or two ADUs. Municipality of Clarington Report PDS-055-21 Current Potential for an Apartment-in-housz m J1� J � !lu-ra 40. .114.1 Lake Ontario Figure 1- Where apartments -in -houses are currently permitted or not Potential for one apartment -in-house Apartments -in-house not permitted Page 8 Municipality of Clarington Report PDS-055-21 Oak Ridges Moraine Area Page 10 3.8 In conformity with the ORMCP, the recommended Official Plan Amendment states that 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. 3.9 To implement where ADUs are permitted within the ORM, the recommended Amendments to Zoning Bylaw 2005-109 would allow one ADU in a single detached dwelling within the Rural Settlement Zone and the Agricultural Zone. South of the Oak Ridges Moraine Area 3.10 For properties within the Greenbelt (but not within the Official Plan's EPA) 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 3.13 below). 3.11 Properties outside the Official Plan's EPA but within Urban Areas (including Orono) and the "whitebelt" (lands that are neither within a settlement area or within the Greenbelt) all have the potential for two ADUS: one ADU in the principal residential building and one ADU in an accessory building, regardless of when the accessory building was constructed. These permissions also 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 not within the ORM. However, the areas of these Hamlets within the ORM are subject to more restrictive policies specific to the ORM. Summary of where ADUs may be permitted 3.12 In summary, the potential for ADUs in different areas of the Municipality is illustrated in Figure 2 (above) and is as follows. For all lands in the Municipality, ADUs (or any development) is prohibited in the Official Plan's EPA and Hazards, including the Regulatory Shoreline Area. • For lands within the ORM, ADUs may be permitted only in single dwellings and only on lands zoned Prime Agricultural (A) and Rural Settlement One (RS1). For lands outside of settlement areas within the Greenbelt, ADUs may be permitted in either a single dwelling or an existing accessory building. Municipality of Clarington Report PDS-055-21 Page 11 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. Garden Suites 3.13 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 Official Plan's EPA. The Greenbelt Plan restricts ADUs to single dwellings and already -existing accessory buildings, but the Plan does not have such restrictions for Garden Suites. Since Garden Suites are essentially temporary ADUs in accessory buildings, the recommended 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 Standards 4.1 The recommended standards in the Zoning Bylaw Amendments 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. ADUs in principal residential buildings 4.2 The recommended 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 recommended regulation is only to clarify which unit is the ADU when registering the ADU with the Municipality. 4.3 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 four front doors on a semi-detached building for example, if each dwelling contains an ADU. ADUs in accessory buildings 4.4 The recommended Zoning Bylaw 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. 4.5 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 Municipality of Clarington Report PDS-055-21 Page 12 address Ontario Building Code requirements, potential privacy concerns and to ensure sufficient space for stormwater management. The recommended heights are intended to facilitate a one -and -a -half storey ADU within urban areas and a full two storeys in rural areas. 4.6 Accessory buildings with an ADU may, in some instances, be larger than what the Zoning Bylaw currently allows for accessory buildings without an ADU. The purpose of this increased size is to accommodate an ADU, not to increase storage or garage space. The regulations for the size of accessory buildings with an ADU are based on lot coverage so that accessory buildings are an appropriate size relative to the lot on which they are situated. Whichever of the following is reached first is the maximum: 10% of the lot area; or the zone's maximum total lot coverage (usually between 30 to 45%). It should also be emphasized that the floor area of the ADU within an accessory building may not exceed the floor area of the principal residential building. Standards for all ADUs 4.7 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. 4.8 At the Public Meeting, staff were asked to contemplate reducing parking requirements for ADUs when the occupant may not require a parking space. It should be noted that parking requirements (or any zoning standard) cannot be based on who may or may not be occupying the ADU. Due to ongoing concerns about on -street parking, and comments from the public, it is staff's opinion that one parking space per ADU is appropriate, however reductions may be considered on a case -by -case basis through the minor variance process. 4.9 Currently, limited home occupations are permitted within multi -unit buildings. It is recommended that the same opportunities be afforded to those in ADUs, even if they are in an accessory building. 4.10 The Zoning Bylaw Amendment as written would continue to require ADUs 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. 4.11 The requirement that all ADUs be registered with the Municipality will continue to help enforce conformity to zoning and other regulations. Municipality of Clarington Report PDS-055-21 Exception Zones Page 13 4.12 There are two Agricultural Exception Zones that currently permit an "apartment -in- house" with regulations. The recommended Amendments are more permissive, so it is recommended that these Exception Zones be removed to ensure fairness for these property owners. There is also an Exception Zone that would be amended only to update the terminology from "apartment -in-house" to "additional dwelling unit." A fourth Exception Zone would have a standard about front doors removed as this standard would apply to all Urban Residential Zones. 5. Public Participation Public Meeting 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. On that day, the Public Meeting Notice was emailed to those on the Interested Parties List at the time. 5.2 On August 17, 2021, the website www.clarington.net/ADUs was published. The website provides information on the project and hosts the Draft Official Plan and Zoning Bylaw Amendments that were presented at the Public Meeting. The website also hosts the recommended Amendments (as found in the Attachment 3 and Attachment 4) as well as staff contact information for members of the public to submit comments and/or questions. 5.3 The owners of the four properties where an Exception Zone is recommended to be removed or amended received the Public Meeting Notice along with a short explanatory letter. Staff have had discussions with the owner of one property with an Exception Zone to be removed who supports the recommended Amendments. Staff have also had correspondence with the owners of the two properties with Exception Zones to be amended and both understand the recommended Amendments have no material effect to their respective properties. 5.4 Prior to the public meeting, this project was the topic of the Mayor's August Column that was published in the Clarington This Week on August 9, 2021. On August 28, 2021, the Clarington This Week published an article about the project and the upcoming Public Meeting. The project was also promoted in the Planning and Development Services eUpdate on July 29, 2021 and September 9, 2021. Public Meeting 5.5 At the Public Meeting held on September 13, 2021, staff report PDS-041-21 was accompanied by a presentation which provided context and summarized the proposed Municipality of Clarington Report PDS-055-21 Page 14 Amendments. Four members of the public provided separate delegations. Summaries of these delegations may be found in Attachment 1. Video recording of their delegations, and the two prepared presentations are available on the Municipality's website www.clarington.net/Calendar. Three of the four delegations were supportive of the increased permissions for ADUs but felt the limits for ADUs within the Greenbelt and ORM were too restrictive. The fourth delegation spoke in opposition to increasing ADUs, stating there should be little to no new impervious space and ADUs should only be allowed within existing dwellings. Public Submissions 5.6 Since the Notice of the Public Meeting was first advertised in the newspapers on August 18, 2021, to the writing of this Report, Staff have received comments from twenty-seven residents, three via telephone and the remaining twenty-four via email. Of these twenty- seven comments, five are opposed and five fully support the Amendments. The remaining twenty-two respondents support the Amendments, but with greater or fewer restrictions. 5.7 Public comments are summarized in Attachment 1 to this report. All written public comments have been posted without edits or summaries to the project's website www.clarington.net/ADUs. 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/or agencies were requested to provide comments on the proposed Official Plan and Zoning Bylaw Amendments. 6.2 Comments received, including those from Durham Region departments and CLOCA, have no objection to the Official Plan or Zoning Bylaw Amendments. The Region has confirmed that the Official Plan Amendment is exempt from Regional approval. 7. Changes to Amendments Since Public Meeting 7.1 Attachment 2 of this report contains tables comparing the Current Official Plan policies and Zoning Bylaw standards with the recommended Amendments. It also details, where necessary, any changes made to the Amendments from the draft presented at the Public Meeting to the recommended Amendments found in Attachment 3 and Attachment 4 of this report. 7.2 Changes to the Amendments since the Public Meeting do not alter the intent of either the Official Plan Amendment or the Zoning Bylaw Amendment. The changes make refinements to the Amendments to bring them closer to Official Plan conformity and to provide greater clarity. Municipality of Clarington Report PDS-055-21 Official Plan Amendment Page 15 7.3 Changes to the draft Official Plan Amendment presented at the Public Meeting to the recommended Amendment found in Attachment 3 of this report include changing a reference from Map H to Map A of the Official Plan to identify Natural Core Areas and Natural Linkage Areas. Staff believe it is more appropriate to reference the Official Plan land use designations rather than those found on Map H, which is a replica of Provincial mapping. These areas on Map A are more refined and smaller. Subsequent references to other land designations are also updated to those found on Map A. 7.4 The draft presented at the Public Meeting contained policies that are covered elsewhere in the Official Plan and apply to the entire Municipality. These do not need to be repeated in the section specifically about ADUs. This includes stating that development is not permitted in the NHS and that an ADU must conform to the Ontario Building Code and Ontario Fire Code. 7.5 The draft presented at the Public Meeting contained a provincially required policy to restrict ADUs within the Greenbelt. That draft stated they were not permitted within the NHS as mapped in the Official Plan. The recommended Amendments instead state ADUs are not permitted within the EPA or Hazards of the Official Plan. As noted in section 3.2 above, the EPA is comprised of the revised, smaller NHS than Provincial NHS mapping and, in rural areas, a 30 metre vegetation protection zone buffer, as well as floodplains. No development is permitted in the EPA, and thus ADUs are not permitted in the EPA. Zoning Bylaw Amendment 7.6 Changes to the Amendments to Zoning Bylaw 84-63 as found in Attachment 4 of this report include increasing the maximum height for accessory buildings containing an ADU from 6 metres to 6.5 metres in rural areas. This increase will accommodate a garage on the main floor (which typically require a higher ceiling than a dwelling unit) and a full second storey for an ADU. The maximum height for accessory buildings containing an ADU in urban areas remains at 5.25 metres to be compatible with neighbouring buildings. 7.7 Changes to the Amendments to Zoning Bylaw 84-63 as found in Attachment 4 of this report also include removing 120 square metres as the maximum size of an accessory building containing an ADU. Instead, the maximum size is limited to the lesser of either 10% of the lot, or the zone's maximum lot coverage. However, the floor area of an ADU within an accessory building must be less than the floor area of principal residential building. Removing the 120 square metre maximum simplifies the requirements, while still being proportionate to the lot on which they are situated and the main residential building. Municipality of Clarington Report PDS-055-21 Page 16 7.8 The recommended Amendment to Zoning Bylaw 84-63 now refers to the Official Plan's EPA and Hazard Lands rather than the Official Plan's NHS for where ADUs are not permitted. As explained above in section 3.2 and discussed further in sections 3.4 to 3.7, prohibiting development (including ADUs) from the EPA is more consistent with the current Official Plan. 7.9 Council has provided direction to staff to further refine the EPA in the Official Plan and how to implement these restrictions in the comprehensive zoning bylaw. That work is ongoing and, when completed, may further expand areas where ADUs are permitted. As visualized in Figures 1 & 2 above, this report recommends Amendments that will significantly expand where ADUs would be permitted and will facilitate property owners to increase the supply of affordable housing. 7.10 From the draft presented at the Public Meeting to the recommended Amendments found in Attachment 4 of this report, the only change to the Amendments to Zoning Bylaw 2005-109 is to remove references to the Ontario Building Code and other relevant regulations. It is not necessary to repeat this requirement as it already captured in existing section 1.10 of Zoning Bylaw 2005-109. 8. Next Steps 8.1 The purpose of this report is to recommend Council approve the recommended Official Plan and Zoning Bylaw Amendments found in the Attachment 3 and Attachment 4. 8.2 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. It is recommended that applications for ADUs not be approved until this new registering bylaw is approved by Council. 8.3 Once the 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. 9. Concurrence The Municipal Solicitor in Legislative Services concurs with the recommendations. 10. Conclusion 10.1 It is recommended that Council approve the recommended Official Plan and Zoning Bylaw Amendments as found in the Attachment 3 and Attachment 4 to this report. As noted above the Planning Act states 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. Municipality of Clarington Report PDS-055-21 Staff Contacts: Mark Jull, Planner II, 905-623-3370 ext. 2426 or miull(a-).clarington.net Lisa Backus, Principal Planner, at 905-623-3370 ext. 2413 or Ibackus clarington.net Attachments: Attachment 1 — Public Comments and Delegations Summary Table Attachment 2 — Comparison Table with Explanatory Comments Attachment 3 — Official Plan Amendment Attachment 4 — Zoning Bylaw Amendment Interested Parties: List of Interested Parties available from Department. Page 17 CIc7Clllb°COII Public Comment and Delegate Summary Tables Attachment 1 to PDS-055-21 Public Comment Summary Table The following table summarizes the comments received from members of the public since draft Amendments were circulated on August 18, 2021 for the Statutory Public Meeting held on September 13, 2021. All written comments are posted to the project's website without summaries or edits: www.clarinaton.net/ADUs Public Comment Code Summary of Comments Response Name Date Received Method Delivered PC001 Disappointed that an ADU is not permitted in Ontario's Greenbelt Plan states that ADUs are not Regan Trolly his house since it's within the Natural Heritage permitted in the Natural Heritage System. No changes to Aug 19, 2021 System of the Greenbelt. Amendments. Email PC002 Opposes allowing ADUs in a house and Allowing one ADU in a house and one in an accessory Dale Sturrock another in a garage in Bowmanville. States the building is required by the Planning Act. No changes to Aug 19, 2021 Municipality will not be able to handle traffic, or Amendments. Email more students in the schools. PC003 Strongly supports the proposal for ADU in Comment received. No changes to Amendments. Lori Moore primary and additional dwellings. States it's a Aug 23, 2021 progressive way to address housing shortages. Email PC004 Supports idea of more ADUs, but does not want While many areas of the Municipality may have two ADUs Sandra Farrell to see more housing in the Greenbelt or Oak on a lot, only one per lot is permitted within the Greenbelt Aug 25, 2021 Ridges Moraine (ORM). and ORM, and only in certain areas. No changes to Email Amendments. PC005 Phone discussion: Concerned about climate One parking space per ADU is required, and there remain Peggy Clarke impacts (more parking, less open ground, less minimum landscape open space requirements to assist Aug 25, 2021 trees). Concerned about more people smoking with the absorption of stormwater. Smoking regulations are Sept 23, 2021 around her property. beyond the scope of this project. No changes to Phone call Later left voicemail: Concerns about people Amendments. smoking near her backyard. Would like there to Public Comment Code Summary of Comments Response Name Date Received Method Delivered be prohibition or regulations for where people may smoke on private property. PC006 Concerned about parking, cars blocking One parking space per ADU is required. Municipal Law Colette Godfrey footpaths, sticking into roads, parking on the Enforcement will continue to enforce parking bylaws. No Aug 29, 2021 street. Adequate off-street parking must be changes to Amendments. Email provided. PC007 Supports the proposed amendments. States it Permitting a triplex by -right is not the intention of the Ryan Carr will help with increased cost of housing. changes to the Planning Act. Recommended heights for Sept 1, 2021 Suggests allowing the third ADU in the principal accessory structures are appropriate to allow 1.5 storeys Email building rather than in accessory building. in urban areas, however the recommended maximum Suggests allowing increased height for height has been increased from 6m to 6.5 to allow a full 2 accessory buildings and allow accessory storeys in rural areas. An accessory building may have a structures to have basements. Suggests basement, so long as it conforms to other zoning reducing parking to one space for all dwelling standards. The requirement for 2 outdoor parking spaces units. for the principal dwelling will remain to help ensure adequate parking. Amendments modified to allow 6.5 metres in rural areas. PC008 Supports ADUs. New housing is not affordable. Comment received. No changes to Amendments. Aimie Harris ADUs are an affordable alternative. States Sept 3 developers are paving over farmland, but she Email just wants a second unit on her ORM land so her son can stay and help the family. PC009 Recently moved to Newcastle from Toronto and O. Reg. 299/19 states that Municipalities may require a John Kersey is concerned after seeing ADUs in Toronto not maximum of one parking space per ADU. No changes to Sept 7 being inspected frequently enough. States one Amendments. Email parking space is not enough. PC010 Question about how Municipality will ensure All ADUs will require a building permit. As part of the Esther and Tim Carlton ADUs on private sanitary and water services building permit process, any development on lands Sept 7 will have sufficient capacity. serviced by private services must be reviewed and Email approved by the Durham Region Health Department. No changes to Amendments. PC011 States that these Amendments are part of UN's Comment received. No changes to Amendments. Connie Owen plan to seize all private property. Sept 7 Public Comment Code Summary of Comments Response Name Date Received Method Delivered Email PC012 Supports project. Would like to see same Restrictions on the Greenbelt and ORM are provincially Rudy Kraayvanger permissions across all of Municipality without mandated. No changes to Amendments. However, one of Sept 9 the restrictions on Greenbelt and the Oak the recommendations in the Report is for Council to direct Email Ridges Moraine (ORM). staff to write a letter to the Province to reconsider the restrictions on the Greenbelt and ORM. Mr. Kraayvanger was also a delegate the Public Meeting and his presentation is summarized in the table below. PC013 Supports project. Would like to see permissions The recommended Amendments are as permissive as Michael Longarini further expanded for Garden Suites and ADUs Provincial and Official Plan policies currently allow. No Sept 9 in accessory buildings. Feels cost for changes to Amendments. Email Temporary Use Bylaw for Garden Suites is too high. Mr. Longarini was also a delegate the Public Meeting and his presentation is summarized in the table below. PC014 Supports project. Asks for relaxing some of the The specific requests may be dealt with through a Minor Frank Johansen zoning standards, questions for clarification. Variance application. No changes to Amendments. Sept 9 Email PC015 Supports project, would to have/live in an ADU. Comment received. No changes to Amendments. Chad Veinot Sept 10 Email PC016 Supports project. Notes need for affordable An accessory building may have a basement, so long as it Dianne Phillips options for adult children. Questions about size conforms to other zoning standards. No changes to Sept 12 limits and if accessory can have basement. Amendments. Email PC017 Opposes any new ADUs. States there are Comment received. Municipal Law Enforcement will Lynne and Stephen many illegal apartments and cars parked on continue to enforce Municipal Bylaws, including those Janssens streets and concerns with traffic. States there is concerning parking. No changes to Amendments. Sept 12 no regulations for decks, other structures, or Public Comment Code Summary of Comments Response Name Date Received Method Delivered Email parking. Says regulation will not occur and illegal units will be built. PCO18 Would like to know how parking will be Municipalities may require a maximum of one parking Shirley Andrechuk addressed. States that cars already fill space per ADU. Municipal Law Enforcement will continue Sept 12 driveways and roads. Also states that taxes will to enforce parking regulations. No changes to Email go down because ADUs are unattractive. Amendments. PC019 Supports project. Wants to add an ADU to her Comment received. No changes to Amendments. Kelly Schmidt property in Kendal for her parents. Sept 13 Email PCO20 States there shouldn't be a 2017 `cut off' date The Greenbelt Plan was updated in 2017 and included the Aimie Harris for accessory buildings in the Greenbelt. States restriction of ADUs in accessory buildings to those Sept 13 this will cause a lost opportunity for many "existing." MMAH staff have confirmed July 1, 2017 is the Email families. appropriate date to determine "existing." No changes to Amendments. PCO21 Follow up after her delegation with a set of Restrictions on the ORM are imposed by the Province. No Linda Fockler questions, mainly about her specific property. changes to Amendments. However, one of the Sept 16 Would like to have more permissions for ADUs recommendations in the Report is for Council to direct staff Email within the Oak Ridges Moraine. to write a letter to the Province to reconsider the restrictions on the Greenbelt and ORM. Ms. Fockler was also a delegate the Public Meeting and her presentation is summarized in the table below. PCO22 Supports allowing ADUs, but would like to build Explained Provincial restrictions, but advised he could (if Joe Kay a new accessory building on his lot within the Amendments approved) have an ADU within the existing Sept 23, 2021 Greenbelt. Disappointed but understands the house (and build an addition if desired). Also explained Phone call restrictions are from the Province. Notes the that Council would like staff to send a request to the need for affordable housing and that policies Province asking them to reconsider the restrictions on the and rules should be inclusive of all people, Greenbelt and ORM. including rural people. PCO23 Would like to put an ADU in an existing Explained Provincial restrictions and that our Official Plan Teddy Roeloffzen accessory building. However it is within the and Zoning Bylaw are being comprehensively reviewed Sept 23, 2021 OP's EPA and will likely not be allowed yet. based on Council's direction and an ADU may be Phone call ermitted in the accessory building then. Public Comment Code Summary of Comments Response Name Date Received Method Delivered PCO24 Supports allowing ADUs, would like them Comment received. No changes to Amendments. Aimie Harris permitted for family members. Email included Sept 27, 2021 examples of Mennonite housing (single Email dwellings with added units). PCO25 Two follow-up emails from Ms. Racansky's ADUs are part of the Council -approved Affordable Housing Libby Racansky delegation. Suggests that ADUs should not be Toolkit. ADUs will not be permitted within Environmental Sept 27, 2021 considered affordable housing. States that Protection Areas or Hazard Lands (which includes Email affordability will lead to sprawl, and that if one floodplains). Zoning standards limit lot coverage to provide application for an ADU is approved on sensitive open space for stormwater absorption. lands, then we will receive a "flood" of applications. States that on her daily walks she sees the negative effects of development, such as dry wetlands and flooding. PCO26 Supports allowing ADUs, particularly in rural Comment received. No changes to Amendments. Dan Labecki areas. Notes shortage of rental units in the Sept 29, 2021 Municipality. Notes ADUs can provide Email additional income to homeowner and an affordable option for renters. PCO27 Supports allowing ADUs in urban and rural Comment received. No changes to Amendments. Kathleen Flynn areas. Notes the need for additional housing, Sept 29, 2021 hopes Amendments are approved soon. Email Summary of Delegations at the Public Meeting held September 13, 2021 Name of Delegate Summary of Comments Response Linda Fockler Ms. Fockler was present in support of additional dwelling units Following Ms. Fockler's presentation, she was (ADUs). She noted that she lives in the Oak Ridges Moraine advised that restrictions to ADUs on the Oak and expressed concerns regarding the restrictions. Ms. Ridges Moraine are provincially mandated. In Fockler questioned if there is a limit for severances for rural response, Ms. Fockler requested that the lands. She explained that the amendments will allow ADUs Municipality ask the province to reconsider these with some limitations for the Oak Ridges Moraine and that the restrictions and allow more flexibility. Though no goal of the restrictions is to preserve the Moraine to ensure changes were made the Amendments, one of the aquifer will remain unpolluted for the GTA community. the recommendations of the Report is for Ms. Fockler added that families living on the Moraine love and Council to direct staff to write such a letter to the protect the lands from individuals who dump garbage, pick up province. garbage others dump, report strangers hanging around and ensures that personal use keeps the land, springs, and creeks in an environmentally pure condition. She expressed that the lands should be protected and stated that ADUs will allow children to return to their parents' lands and continue to protect them. Ms. Fockler requested that, if the goal is to preserve the Moraine, allow families living there to have the opportunity to build ADUs and to ensure the people who care, remain on the land as caregivers. She explained that ADUs would allow older generations to move into new units and how properties with frontages on two side roads would create up to three new homes to assist in complying with the provincial guidelines to create affordable housing. Ms. Fockler concluded by requesting that Council allow small housing, with controlled regulated development that protects the Moraine and to keep the lands out of developers' hands. Rudy Kraayvanger Mr. Kraayvanger was present in support of the Additional The restrictions to ADUs within the Greenbelt Dwelling Units (ADUs) as they allow property owners to do and Oak Ridges Moraine are provincially more with their property. He expressed his concern regarding mandated. Though no changes were made to the confusion between the Oak Ridges Moraine and the Amendments, one of the recommendations Greenbelt. Mr. Kraayvanger stated that there is opportunity to of the Report is for Council to direct staff to write have ADUs within the provincial controlled areas. He stated Name of Delegate Summary of Comments Response that existing properties would not be changed or adversely a letter to the province requesting they affected by adding ADUs. reconsider these restrictions and allow flexibility. Mr. Kraayvanger stated that he believes there does not need to be as many limits as suggested in the area and concluded by questioning if all residences will have one front door access or can they have two exterior entrances. Michael Longarini Mr. Longarini was present in support of the Additional Garden Suites are not permitted within the Oak Dwelling Units (ADUs). He stated that Clarington should open Ridges Moraine or within the Environmental up the possibility for ADUs to allow more flexibility in the Protection Areas as identified it the Official Plan. approval process and reduce the barriers and associated As per the Planning Act, they are required to be costs. permitted through a temporary use bylaw. The Mr. Longarini explained that accessory structures can provide definition of `Garden Suite' in the Planning Act a way to take stress off the demand for rural lot creation, or includes that they be "portable." The settlement area expansion. He added that many farms also recommended Amendments to the Official Plan support additional possibilities for worker living areas. removes any requirements about the health or Mr. Longarini stated that the garden suite approvals should be familial relationship of the occupants. There are temporary and that including "portable" in the definition is an no policies about the required setbacks or unnecessary barrier. He explained that the garden suites distance from the principal dwelling, as these should not have restrictions on who the occupants are and would be addressed through the temporary use should be allowed to have extended family, residential rental bylaw. No changes have been made to the or short-term rentals, or any other home business already Amendments. permitted in the area. Mr. Longarini noted that the location of garden suites on large lots should be flexible for maximum setbacks. He questioned if an old garage was converted into a garage/ADU, does it restrict from building another new garage on the property if space allows. Mr. Longarini expressed his concerns regarding the cost of a temporary use by-law and approval process and concluded by stating he hopes to see continued efforts to support affordable housing in rural Clarington. Libby Racansky Ms. Racansky spoke in opposition of the Addional Dwelling Staff feel the recommended Amendments strike Units (ADUs). She explained that the Moraine and Greenbelt a balance between implementing the Planning is exempted from the provincial implementation in Clarington Act's requirements for ADUs and other communities. Ms. Racansky explained that the intensification provincial policy that protects the natural Name of Delegate Summary of Comments Response of the Courtice North neighbourhood and its northern rural environment. No development, including ADUs, communities have already removed numerous forested areas. are permitted in wetlands or floodplains. The She added that it caused residents to experience dryness, hot recommended Amendments include minimum temperatures, or wetness, even flooding within the urbanized setbacks and lot coverage to help ensure centers. sufficient open space remains to absorb Ms. Racansky stated that the watershed is important for the stormwater. No changes have been made to the remaining forests, wetlands, and ensures farms have Amendments. sufficient water. She explained that there needs to be a place for affordable housing, but not in an area that is important to the watershed, which has been damaged already. Ms. Racansky stated that intensification is needed in areas where redevelopment would be a positive move, creating desirable and affordable homes without disrupting woodlots. She concluded by explaining that adding ADUs into the lands are not suitable for the watershed because it would further reduce the possibility of infiltration into the ground and increase overland runoff. Ms. Racansky added that the watershed should be included within the Moraine and greenbelt, with an exception of urban lands where the existing basements could be used to satisfy the interest of affordability. Clarbgton Attachment 2 to PSD-055-21 Comparison Tables of Draft Official Plan and Zoning By-law Amendments Additional Dwelling Units (ADUs) Official Plan The Official Plan Amendments are outlined in the table below. The column on the left shows what is currently in the Official Plan. The middle column shows the amendments now being recommended. The column on the right provides a brief explanatory comment on the proposed changes and, where there have been changes made from the Public Meeting Draft to the Recommended Amendment, what those changes are. As the policies are added/deleted/modified, the remaining subsections will be renumbered. Current Official Plan policies Recommended Amendments Explanatory comment Accessory Apartments Additional Dwelling Units Reflects the changes to Section 16(3) of the Planning Act as a result of Bill 108, More 6.3.5 An accessory apartment is permitted in 6.3.5 One additional dwelling unit is Homes, More Choice Act. Urban Areas within a detached or semi- permitted on a lot within a single detached dwelling or townhouse subject to detached, semi-detached, or the following: townhouse dwelling. One additional a) Only one accessory apartment is dwelling unit is permitted within a permitted; detached accessory building on the b) One additional parking space is required same lot. 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 e) The accessory apartment is registered with the Municipality. Current Official Plan policies Recommended Amendments Explanatory comment 6.3.6 An accessory apartment is permitted 6.3.6 Notwithstanding 6.3.5, within the Required to be in conformity with the Oak outside of Urban Areas within a detached Oak Ridges Moraine, as shown on Ridges Moraine Conservation Plan dwelling or above or within a detached Map A of this Plan: (ORMCP). In 2017, the ORMCP was accessory building, subject to the following: a) within the Natural Core and amended with a revised definition of "single a) That the accessory building use is Natural Linkage Area designations, dwelling" that limits where ADUs may be maintained; additional dwelling units are not permitted. b) That the accessory apartment complies permitted; and with the development criteria of Section b) within the Prime Agricultural Area, Changed from Public Meeting Draft: 6.3.5; and Rural Area, and Hamlet Reference to Map A rather than Map H. Map c) That in the case of an accessory designations, a maximum of one A has a more refined and smaller mapping of apartment above or within an accessory additional dwelling unit is permitted Natural Core and Natural Linkage with more building, the accessory building is in close on a lot and only within a single specific land designations. proximity to the dwelling and is clearly detached dwelling. secondary to the principal dwelling. The Public Meeting Draft contained a policy to prohibit ADUs within the Natural Heritage System (NHS). However, existing policy 3.4.8 states no development (which would include an ADU) is permitted in the NHS and/or a Hydrologically Sensitive Feature or within its Vegetation Protection Zone. It is not necessary to repeat this policy here. 6.3.7 Notwithstanding 6.3.5, within the Required to conform to Section 4.5.3 of the Protected Countryside of the Greenbelt Plan. Greenbelt Plan, but outside of The revised Greenbelt Plan came into effect Environmental Protection Area as on July 1, 2017 and thus this is the date to be identified in this Official Plan, one considered `existing.' Staff from the MMAH additional dwelling unit is only have confirmed this interpretation. permitted within either a single detached dwelling or an accessory building that existed on (or building Changed from Public Meeting Draft: permits were issued prior to) July 1, Reference to Environmental Protection Area 2017. (EPA) rather than Natural Heritage System (NHS). EPA is the NHS plus a 30 metre buffer, and floodplains. Other Provincially Ie islated policy states that development is Current Official Plan policies Recommended Amendments Explanatory comment not permitted on lands adjacent to the NHS. Changing the proposed amendment to reference the EPA is in conformity with Provincial policy and Official Plan policy 14.4.5. Removed reference to map to leave open the possibility to further refine EPA mapping as per policy 14.4.4. Minor rewording for clarity. 6.3.8 Notwithstanding 6.3.5, additional Conforms with policies in 3.7 of the Official dwelling units are not permitted within Plan to prevent personal injury, property Hazard Lands including the damage, or damage to the natural Regulatory Shoreline Area as environment. identified in this Official Plan. Changed from Public Meeting Draft: Removed reference to Map F. 6.3.9 Additional dwelling units shall: Registering ADUs helps ensure conformity to a) be registered with the regulations. Municipality; and b) be compatible with adjacent uses. Changed from Public Meeting Draft: Removed references to the Zoning By-law, Ontario Building Code (OBC) and Ontario Fire Code (OFC). All development must conform to the Zoning By-law and all buildings must conform the OBC and OFC. Stating that ADUs must conform is redundant may cause confusion as to why this is not mentioned elsewhere in the Official Plan. 6.3.10 Where an additional dwelling Supports good urban design. unit is within an accessory building, the accessory building must be Current Official Plan policies Recommended Amendments Explanatory comment secondary in size and scale to the principal residential building. 6.3.11 An accessory building To prohibit potential severances of ADUs in containing an additional dwelling unit accessory buildings. may not be severed from the lot accommodating the principal Changed from Public Meeting Draft to residential building. In no case shall clarify that an ADU cannot be considered a an additional dwelling unit be surplus farm dwelling to be severed. considered a residence surplus to a Conforms to Provincial policy to prevent farming operation. fragmentation of farmland. Garden Suites 6.3.12 Except for areas within the Oak Only changes are to policy numbers. Garden 6.3.7 Except for areas within the Oak Ridges Ridges Moraine, one garden suite Suites will continue to be permitted. Due to Moraine, one garden suite may be permitted may be permitted in association with their temporary nature, they may be permitted in association with any single detached any single detached dwelling, through in those areas of the Greenbelt where ADUs dwelling, through a temporary use by-law, a temporary use by-law, subject to in new accessory buildings are not permitted. subject to Section 6.3.8. The garden suite will Section 6.3.13. The garden suite will be permitted for a period of no more than 20 be permitted for a period of no more years provided that there is an agreement than 20 years provided that there is between the owner and the Municipality an agreement between the owner and regarding the occupant, the period of the Municipality regarding the occupancy, the installation, maintenance and occupant, the period of occupancy, removal of the suite, and any financial the installation, maintenance and conditions. removal of the suite, and any financial conditions. 6.3.8 In applying for a temporary use by-law 6.3.13 In applying for a temporary use Updated to reflect new regulatory language for a garden suite, the applicant shall by-law for a garden suite, the for garden suites in section 39.1 of the demonstrate that: applicant shall demonstrate that: Planning Act. Provisions of the Ontario a) There is a need for the garden suite to a) The site is adequate for the Building Code ensure ADUs are properly provide supervised accommodation or care garden suite with regard to lot size, serviced with sanitary and water servicing. for an elderly, sick or disabled person; b) setbacks, layout and private amenity The site is adequate for the garden suite areas; Changed from Public Meeting Draft to with regard to lot size, setbacks, layout and b) The proposal is compatible with remove references to the Zoning By-law, private amenity areas; adjacent uses considering such Ontario Building Code (OBC) and Ontario matters as privacy, noise and Fire Code (OFC). All development must appearance; and conform to the Zoning By-law and all Current Official Plan policies Recommended Amendments Explanatory comment c) The proposal is compatible with adjacent c) There is no other accessory buildings must conform the OBC and OFC. uses considering such matters as privacy, building on the lot containing an Stating that Garden Suites must conform is noise and appearance; additional dwelling unit. redundant may cause confusion as to why d) There is adequate on -site parking; this is not mentioned elsewhere in the Official e) There is adequate water supply and Plan. sewage disposal services; and f) There is no accessory apartment on the lot. 12.3.8 An accessory apartment is permitted Deleted Policy to allow "accessory apartments" in in accordance with Section 6.3.6. Rural Settlements no longer needed. 23.19.1 i. An apartment -in-house shall be Deleted This site -specific Official Plan exception is no permitted within a single detached dwelling longer needed as the proposed regulations on those lands identified by Assessment Roll are more permissive. Number 1817-010-010-13850 located in Part 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 municipal regulations, including registration; and c. Meet the requirements of the Durham Region Health Department with respect to servicing. Definitions Current Official Plan policies Recommended Amendments Explanatory comment Accessory Apartment: a self-contained Additional Dwelling Unit: a self- Revised definition to reflect new "additional second dwelling unit within a permitted contained dwelling unit located within dwelling unit" term. residential dwelling or a permitted accessory a permitted residential dwelling and a building that is clearly secondary to the permitted accessory building and principal dwelling. secondary to the principal building on the same lot. Garden Suite: a self-contained, portable Garden Suite: a self-contained Simplified definition that does not contain dwelling unit located in a side or rear yard of temporary dwelling unit designed to policy direction. Including "portable" in the an existing residential property. be portable and is secondary to the definition conforms with the Planning Act. principal building on the same lot. Zoning Bylaws 84-63 and 2005-109 The Zoning Bylaw (ZBL) Amendments 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. Comprehensive ZBL 84-63 (applies to lands south of the Oak Ridges Moraine) The recommended amendments to Zoning By-law 84-63 are outlined in the table below. The column on the left shows what is currently in the ZBL. The middle column shows the recommended amendments. The column on the right provides a brief explanatory comment on the proposed changes and, where there have been changes made from the Public Meeting Draft to the Recommended Amendment, what those changes are. The recommended amendments include the introduction of a definition of additional dwelling units and standards including the location, size, and parking requirements. Amendments also include standards for accessory buildings that contain an ADU. As sections are added/deleted/modified, the remaining subsections will be renumbered. Current Zoning Regulations Recommended Amendments Explanatory comment Definitions Apartment -In -House Additional Dwelling Unit Revised definition to reflect new "additional Shall mean a self-contained second dwelling A self-contained dwelling unit located dwelling unit" term and removal of regulation unit within a permitted residential single within a permitted residential dwelling from definition. detached or semi-detached dwelling created or an accessory building secondary to through converting part of or adding onto a the principal residential building on the dwelling unit. The apartment -in-house shall same lot. 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 Garden Suite Revised definition to conform to definition of A Garden Suite is a self-contained temporary A self-contained temporary dwelling "garden suite" in section 39.1 of the Planning dwelling unit designed to provide for the care unit designed to be portable and is Act. Including "portable" in definition conforms of an elderly, sick and disabled person which secondary to the principal residential with the Planning Act. is located in the side or rear yard of a building on the same lot. Current Zoning Regulations Recommended Amendments 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 Reflects the changes to section 16(3) of the permitted within a single detached or semi- permitted within any legally permitted Planning Act as a result of Bill 108, More detached dwelling located within the "Urban single detached, semi-detached or Homes, More Choice Act. Residential Type One (R1)", "Urban townhouse dwelling and within an Residential Type Two (R2)" and "Urban accessory building on the same lot, for Residential Type Three (R3)" zones inclusive a maximum total of three dwelling of all exception zones except those units on a lot. 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., Removal of unnecessary legal non - apartment -in-house which existed prior to the additional dwelling units are not conforming statement. Legal non -conforming date of passing of this By-law and is located permitted within the Environmental rights exist regardless of zoning statements, within a single or semi-detached dwelling, is Protection Area or Hazard Land, and are already covered in section 3.6 of the a permitted use. including the Regulatory Shoreline Zoning Bylaw. Area, as identified in the Clarington 3.2 b. ii) Notwithstanding subsection a., any Official Plan. Changed from Public Meeting Draft: apartment -in-house which existed prior to Reference to Environmental Protection Area November 16, 1995 and is located within a (EPA) rather than Natural Heritage System street townhouse or link townhouse in an (NHS) to be in conformity with legislated urban area is a permitted use. Provincial policy and the Official Plan. Section 4.5.3 of the Greenbelt Plan does not permit ADUs in Natural Heritage System (NHS). No development is permitted in the NHS or adjacent lands. The mapped NHS in the Official Plan is more accurate (and smaller) than mapped NHS in Greenbelt Plan. Current Zoning Regulations Recommended Amendments Explanatory comment The EPA in the Official Plan is the NHS plus a 30m buffer (in rural areas), and floodplains. ADUs are not permitted in Hazard Lands, which include floodplains as continually updated by Conservation Authorities. Added reference to Hazard Land and Regulatory Shoreline to be in conformity with Official Plan and for clarity. 3.2 c. Notwithstanding 3.2 a., Section 4.5.3 of the Greenbelt Plan allows additional dwelling units are only ADUs only within single detached dwellings or permitted within single detached existing accessory building in the Protected dwellings or accessory buildings that Countryside (but outside Natural Heritage existed on (or where building permits System). This regulation came into effect with were issued prior to) July 1, 2017 for the updated Greenbelt Plan on July 1, 2017. lands within the Protected Countryside This means ADUs cannot be allowed in the within the Greenbelt Plan, if located Greenbelt in accessory buildings built after outside of the Environmental that date, unless building permits had already Protection Area or Hazard Land, been issued. Staff from MMAH have including the Regulatory Shoreline confirmed this interpretation. Area as identified in the Clarington Official Plan. Changed from Public Meeting Draft: Reference to Environmental Protection Area (EPA) rather than Natural Heritage System (NHS) and added reference to Hazard Land and Regulatory Shoreline Area for the same reasons outlined immediately above. 3.2 d. Where an additional dwelling O. Reg 384/94 states that planning unit is located within the principal documents cannot regulate the relative size of residential building, the floor area of two units within a principal building. This the additional dwelling unit shall not proposed zoning regulation is only to clarify exceed the floor area of the principal that the smaller of the two residential units is dwelling unit. the ADU and the larger is the principal dwelling unit. 3.2 e. Within Urban Residential Zones An urban design policy to restrict additional and Mixed Use Zones, entrances for front doors in urban areas. Current Zoning Regulations Recommended Amendments Explanatory comment an additional dwelling unit within the principal residential building may be Changed from Public Meeting Draft: through a common door in the front Include Mixed Use Zones where townhouses building facade. Additional, separate and existing single dwellings are permitted. 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 To implement the policy that accessory unit is located within an accessory buildings with an ADU must be secondary in building: size and scale to the principal residential i) The floor area of the additional building. dwelling unit must be no more than the floor area of the principal If an ADU is in an accessory building, the floor residential building; and area of the ADU cannot be larger than the ii) Notwithstanding Section 3.1 c., floor area of the principal residential building. the accessory building must: a) Conform to the zone's front yard If an accessory building contains an ADU, the and exterior side yard setback setbacks for are slightly more restrictive than requirements for residential uses; for an accessory building that does not have b) Have a minimum rear yard and an ADU (as found in the table in Section 3.1 interior side yard setback of 1.8 c. of the Zoning Bylaw). Heights are more metres; permissive to allow 2 storeys in rural areas, c) Not exceed, whichever is less: and 1.5 storeys in urban areas. i) lot coverage of 10% for the additional dwelling unit, or Changed from Public Meeting Draft: ii) the zone regulation's lot Removed the limit of 120 sq. m. from the coverage maximum; and maximum size of accessory structure d) Have a maximum height of 6.5 containing an ADU. Note that the floor area of metres within Agricultural and an ADU in an accessory building must be less Rural Residential Zones, and 5.25 that the floor area of main house. metres within Urban Residential The maximum height for accessory buildings Zones. containing an ADU has increased from 6m to 6.5m in rural areas. This is to accommodate a 2-storey building with a garage on the main Current Zoning Regulations Recommended Amendments Explanatory comment floor (which normally has a higher ceiling than a dwelling unit) and a full second storey for an ADU. Removed stating ADUs must conform to zoning, Ontario Building Code, Fire Code and other regulations. It is unnecessary to re -state this here as it covered by existing section 26.7 Compliance with Other Laws. 3.2 g. Additional dwelling units must Registering ADUs helps ensure conformity to be registered with the Municipality. regulations. 3.2 h. A home occupation is permitted Section 3.11 B permits some home within an additional dwelling unit, businesses that are appropriate for multi -unit subject to Section 3.11 B. residential buildings. Parking Space Requirement Table within Section 3.16 Residential (v) a) Apartment -in-house or Residential (v) a) additional dwelling Updated only to reflect "additional dwelling Garden Suite: 1 parking space unit or garden suite: 1 parking space unit" term. for each additional dwelling unit or garden suite. Residential (v) b) Apartment -in-house in Residential (v) b) additional dwelling Updated only to reflect "additional dwelling existence prior to November 16, 1995: nil unit in existence prior to November unit" term. 16, 1995: nil Exception Zones Permitting and/or Regulating Apartments -in -Houses 6.4.85 Agricultural Exception (A-85) Zone Deleted This Agricultural Exception Zone is no longer Notwithstanding Sections 6.1 and 3.2 a., needed as the proposed regulations are more those lands zoned "A-85" on the schedules permissive. to this By-law, may in addition to other uses permitted in the Agricultural (A) Zone, be Current Zoning Regulations Recommended Amendments Explanatory comment 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 longer Notwithstanding Sections 6.1 and 3.2a those needed as the proposed regulations are more lands zoned "A-93" on the Schedule to this 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 i) Floor Area (minimum) 40 square metres 12.2.1 f. iv) Entrances for an apartment -in- Deleted Regulations found in proposed Section 3.2 e. house can be found in the front building about front doors apply to all ADUs and so not fagade through a common entrance with the needed for the Neighbourhood Character principal dwelling. Where a separate Overlay Zone. entrance is provided it must be in the side or rear yard. 13.4.87 n. entrances for an apartment -in- Deleted Regulations found in proposed Section 3.2 e. house must be located in the side or rear about front doors apply to all ADUs and so not yard unless it is through a common entrance needed for this site -specific exception zone. of a front fagade. 16.5.37 a. ii) One single detached residential 16.5.37 a. ii) One single detached Updated only to reflect "additional dwelling dwelling provided that no apartment -in-house residential dwelling provided that no unit" term. is contained therein. additional dwelling unit is contained therein. Comprehensive ZBL 2005-109 (applies to lands within the Oak Ridges Moraine) The recommended amendments to Zoning By-law 2005-109 are outlined in the table below. The column on the left shows what is currently in the ZBL. The middle column shows the recommended amendments. The column on the right provides a brief explanatory comment on the proposed changes and, where there have been changes made from the Public Meeting Draft to the Recommended Amendment, what those changes are. There have been no changes made from the Public Meeting Draft to the Recommended Amendment. The recommended amendments include the introduction of a definition of additional dwelling units and standards including the location, size, and parking requirements. As sections are added/deleted/modified, the remaining subsections will be renumbered. Current Zoning Regulations Recommended Amendments 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 unit" An apartment dwellin located within a A self-contained dwelling unit within a term, be in conformity with recent provincial permitted single detached dwellin or semi- permitted single detached dwellin policies. detached dwellinq created through converting part of or adding onto the principal As per section 2.7.1 of Zoning Bylaw 2005- dwelling. 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 definition of A one unit residential structure containing A temporary dwelling unit designed to "garden suites" in section 39.1 of the Planning washroom and kitchen facilities that is be portable and accessory to a single Act (the Act includes "portable"). designed to be portable and that is detached dwellinq on the same lot. accessory to a single detached dwelling Note that Garden Suites are not permitted in constructed on the same lot. the Oak Ridges Moraine. Home occupation permission 5.6.5 In the case of an apartment dwellin or 5.6.5 In the case of an additional Updated to provide occupants of additional a townhouse dwellin , a home occupation dwelling unit, an apartment dwellinq or dwelling units the same opportunities as those shall be restricted to a business or a townhouse dwelling, a home within apartment and townhouse dwellings. administrative office which does not require occupation shall be restricted to a the delivery or pick-up of goods, does not business or administrative office which Current Zoning Regulations Recommended Amendments Explanatory comment have clients coming to the dwelling, and does not require the delivery or pick - does not have employees who reside on a up of goods, does not have clients different lot. coming to the dwelling, and does not have 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 ADUs only be permitted in a single detached permitted on a lot in a single detached in the Oak Ridges Moraine to Countryside dwelling or a semi-detached dwelling located dwelling within the "Rural Settlement and Rural Settlement Areas, but outside in an Urban Residential Zone, provided that One (RS1)" and "Prime Agricultural Natural Heritage System, and only within sanitary sewer and water services to the in- (A)" zones. single detached dwellings. house apartment dwellin are provided by a public authority. Changed from Public Meeting Draft: Removed stating ADUs must conform to zoning, Ontario Building Code, Fire Code and other regulations. It is unnecessary to re -state this here as it covered by existing section 1.10 Relation to Other Government Requirements. 5.7.2 An in-house apartment dwellin which 5.7.2 The floor area of the additional O. Reg 384/94 states that planning existed prior to November 16, 1995 and dwellinq unit shall not exceed the floor documents cannot regulate the relative size of which is located within a townhouse dwellinq area of the principal dwelling unit. two units within a principal building. This shall be deemed to be a permitted use, proposed zoning regulation is only to clarify provided that sanitary sewer and water that the smaller of the two residential units is services to the in-house apartment dwelling the ADU and the larger is the principal are provided by a public authority. dwelling unit. 5.7.3 An in-house apartment dwellin shall 5.7.3 Additional dwellin units must be Registering ADUs helps ensure conformity to have minimum floor area of 40 square registered with the Municipality. regulations. metres. 5.7.4 One parking space shall be provided 5.7.4 One parking space shall be Updated only to reflect "additional dwelling for each in-house apartment dwelling. A provided for each additional dwelling unit" term. parking space is not required for an in-house unit. A parking space is not required Current Zoning Regulations Recommended Amendments Explanatory comment apartment dwellin established prior to for an additional dwellinq unit November 16, 1995. established prior to November 16, 1995. 6.2.2 (Table 6-2) 6.2.2 (Table 6-2) Updated only to reflect "additional dwelling In -House Apartment: Section 5.7 Accessory Dwelling Unit: Section 5.7 unit" term. • Clar ngton Attachment 3 to PDS-055-21 Amendment Number 129 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+hro gh 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 A of this Plan: a) Within the Natural Core Area and Natural Linkage Area designations, additional dwelling units are not permitted; and b) Within the Prime Agricultural Area, Rural, and Hamlet designations, a maximum of one additional dwelling unit is permitted on a lot and only within a single detached dwelling." Clarington Attachment 3 to PDS-055-21 2. Existing section 6.3 is amended by adding new policies 6.3.7 to 6.3.11 as follows and all subsequent existing policies are renumbered accordingly: "6.3.7 Notwithstanding 6.3.5, within the Protected Countryside of the Greenbelt Plan, but outside of the Environmental Protection Area as identified in this Official Plan, one additional dwelling unit is only permitted within either a single detached dwelling or an accessory buildings that existed on (or building permits were issued prior to) July 1, 2017. 6.3.8 Notwithstanding 6.3.5, additional dwelling units are not permitted within Hazard Lands including the Regulatory Shoreline Area as identified in this Official Plan. 6.3.9 Additional dwelling units shall: a) be registered with the Municipality; and b) be compatible with adjacent uses. 6.3.10 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. 6.3.11 An accessory building containing an additional dwelling unit may not be severed from the lot accommodating the principal residential building. In no case shall an additional dwelling unit be considered a residence surplus to a farm operation." 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: There is a need for garden suite provide crc-rrc�rrcca�vr- e�urt�tG�rvvrcrc supervised aGGornrnodation er Gae for an elderly, sink or disabled person• e 19-) 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 Clarington Attachment 3 to PDS-055-21 appearance; and where adequatesit�g where adequa+ce water supply -arRd� sewage disppo. copiin ­4 0 f) c) There is no GGesser„ onor/tmen+ 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, portabletemporary dwelling unit IGGated on a side or roar yard of an existing residential property 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 Plan, regarding the interpretation of the Plan, shall apply in regard to this Amendment. File number: COPA2021-0003 • Clar ngton Attachment 4 to PDS-055-21 Corporation of the Municipality of Clarington By-law Number 20 - being a By-law to amend By-law 84-63. and By-law 2005-109. 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 for ZBA2021-0011. 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 strokethrough represents deleted text): 1. By-law 84-63 is amended as set out in Sections 3 through 11 of this By-law. 2. By-law 2005-109 is amended as set out in Sections 12 through 16 of this By-law. 3. Section 2 — Definitions is amended, as follows: a) By deleting the definition "Apartment -In -House". b) By adding the following definition: "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." c) By deleting the definition "Garden Suite" and replacing it as follows: "Garden Suite A self-contained temporary dwelling unit designed to be portable and is clearly secondary to the principal residential dwelling unit on the same lot." 4. By deleting Section 3.2 and replacing it as follows: "3.2 Additional Dwelling Units a. Additional dwelling units are permitted within any legally permitted single detached, semi-detached or townhouse dwelling and within Zoning By-law Amendment PAGE 2 an accessory building on the same lot, for a maximum total of three dwelling units on a lot. b. Notwithstanding 3.2 a., additional dwelling units are not permitted within the Environmental Protection Area or Hazard Land, including the Regulatory Shoreline Area, as identified in the Clarington Official Plan. c. Notwithstanding 3.2 a., additional dwelling units are only permitted within single detached dwellings or accessory buildings that existed on (or where building permits were issued prior to) July 1, 2017 for lands within the Protected Countryside within the Greenbelt Plan, if located outside of the Environmental Protection Area or Hazard Land, including the Regulatory Shoreline Area as identified in the Clarington Official Plan. d. Where an additional dwelling unit is located within a principal residential building, the floor area of the additional dwelling unit must be less than the floor area of the principal dwelling unit. e. Within Urban Residential Zones and Mixed Use Zones, entrances for an additional dwelling unit 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 must be accessed via the rear or side yard. Where an additional dwelling unit is located within an accessory building: i) The floor area of the additional dwelling unit must be less 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) Not exceed, whichever is less: i) lot coverage of 10% for the additional dwelling unit, or ii) the zone regulation's lot coverage maximum; and d) Have a maximum height of 6.5 metres within Agricultural and Rural Residential Zones, and 5.25 metres within Urban Residential Zones. g. Additional dwelling units must be registered with the Municipality. h. A home occupation is permitted within an additional dwelling unit, subject to Section 3.11 B." Zoning By-law Amendment PAGE 3 5. The Parking Space Requirement Table within Section 3.16 is amended as follows: Parking Space Re uirement Table Type or nature of use Minimum off street parking requirement (v) 1 parking space for each additional a) ApartmeRt ;R house Additional dwelling unit or garden suite. dwelling unit or Garden Suite b) ApartmeRt_in_house Additional Nil dwelling unit in existence prior to November 16, 1995 6. Section 6.4.85 Agricultural Exception (A-85) Zone and Section 6.4.93 Agricultural Exception (A-93) Zone are deleted. 7. Section 12.2.1 f. iv) and Section 13.4.87 are deleted. 8. Section 16.5.37 a. ii) is deleted and replaced as follows: "One single detached residential dwelling provided that no additional dwelling unit is contained therein." 9. Schedule `l' is amended by changing the zone from "Agricultural Exception (A-85) Zone" to "Agricultural Exception (A-1) Zone" as illustrated on the attached Schedule `A-l' hereto. 10. Schedule `2' is amended, by changing the zone from "Agricultural Exception (A-93) Zone" to "Agricultural Exception (A-1) Zone" as illustrated on the attached Schedule `A-2' hereto. 11.Schedule `A' attached hereto shall form part of this By-law. 12.The Table of Contents is amended by deleting the term "In -House Apartment Dwellings" and replacing it with "Additional Dwelling Units". 13. Section 3 — Definitions is amended as follows: a) By deleting the definition "In -House Apartment Dwelling". b) By adding the following definition: "Additional Dwelling Unit A self-contained dwelling unit within a permitted single detached dwellingg." c) By deleting the definition "Garden Suite" and replacing it as follows: "Garden Suite Zoning By-law Amendment PAGE 4 A temporary dwelling unit designed to be portable and accessory to a single detached dwellingg on the same lot." 14. By replacing Section 5.6.5 as follows: "5.6.5 In the case of an additional.dwelling unit, apartment dwellin or a townhouse dwelling, 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." 15. By deleting Section 5.7 and replacing it as follows: "5.7 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. 5.7.2 The floor area of an additional dwelling unit must be less than the floor area of the principal dwelling unit. 5.7.3 Additional dwellingg units must be registered with the Municipality." 5.7.4 One parking space shall be provided for each in house pa men+ d�uel�i additional dwelling unit. A parking space is not required for an in house pa men+ r/additional dwelling unit established prior to November 16, 1995." 16. Section 6.2.2 is amended as follows: TABLE 6-2 REGULATIONS — NUMBER OF PARKING SPACES Type of Use Number of Parking Spaces Residential /n_ Horne Apa4men Additional dwellingg unit Section 5.7 17. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 and Section 24.2 of the Planning Act. By -Law passed in open session this day of , 20 Zoning By-law Amendment PAGE 5 Adrian Foster, Mayor June Gallagher, Municipal Clerk Zoning By-law Amendment PAGE 6 This is Schedule "A-1" to By-law 2021- , passed this day of , 2021 A.D. a a 0 W� LU z• w 0 A IQI' lay a• O' J+ CONCESSION-ROAD-3 Zoning Change From 'A-85' To 'A-1' N x Darlington • ZBA 202"011 • Schedule A-1 Zoning By-law Amendment PAGE 7 This is Schedule "A-2" to By-law 2021- , passed this day of , 2021 A.D. CONCESSION ROA©-5 I^ � C a 'a 0 0 J Q a W Z OC p W ce Zoning Change From 'A-93'To'A-1' N Clarke • ZBA 2021-0011 • Schedule A-2