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The Corporation of the Municipality of Clarington
By-law Number 2021-086
being a By-law to adopt Amendment No. 129 to the Clarington Official Plan
Whereas Section 17 (22) of the Planning Act R.S.O. 1990, as amended, authorizes the
Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and
Amendments thereto;
And Whereas the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend the Clarington Official Plan to increase permissions for Additional
Dwelling Units throughout the Municipality of Clarington;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
That Amendment No. 129 to the Clarington Official Plan being the attached
Explanatory Text is hereby adopted.
2. This By-law shall come into force and take effect on the date of the passing
hereof.
Passed in Open Council this 13t" day of December, 2021.
n /
Adrian Foster, Mayor
MAKN,�_Iw�.oi
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
+rikethro uirh 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."
2. Existing section 6.3 is amended by adding new policies 6.3.7
to 6.3.10 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, 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 Additional dwelling units shall:
a) be registered with the Municipality; and
b) be compatible with adjacent uses.
6.3.9 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.
6.3.10 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 6.3.11 is
renumbered to reference 6.3.12.
4. Renumbered policy 6.3.12 is amended as follows:
"6.3.12 64-9 In applying for a temporary use by-law for a
garden suite, the applicant shall demonstrate that:
a) There is a need for the garden suite to pro -yid
supervised aGGOMmodati�nor core for on elderly, cin
or disabled person;
b} a) The site is adequate for the garden suite with regard
to lot size, setbacks, layout and private amenity areas;
c4 b) The proposal is compatible with adjacent uses
considering such matters as privacy, noise and
appearance; and
d\ There is adequate en site na*4
\ There is adequate water supply and sewage disposal
servi^--. rr 4
f) c) There is no a^^e sei , apartment 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 and all subsequent
policies are renumbered accordingly.
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, portable temporary
dwelling unit IGGated in a side or rear yaFd 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