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The Corporation of the Municipality of Clarington
By-law Number 2021-082
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 the Council of the Municipality of Clarington enacts as follows (*note:
Bold text represents an addition to the text and text with a strikethreugI 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 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 Zone.
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.
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.
f. 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 the
Agricultural Zone 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."
5. The Parking Space Requirement Table within Section 3.16 is amended as
follows:
Type or nature of use Minimum off street parking
requirement
a) Apartment in_house Additional 1 parking space for each additional
dwelling unit or Garden Suite dwelling unit or garden suite.
b) Apartment 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 n. 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 '1' 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
dwelling."
C. By deleting the definition "Garden Suite" and replacing it as follows:
"Garden Suite
A temporary dwelling unit designed to be portable and accessory to
a single detached dwelling 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 dwelling 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 dwelling units must be registered with the Municipality.
5.7.4 One parking space shall be provided for each additional dwelling
unit. A parking space is not required for an 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
of Use
Number of Parking Spaces
-Type
Residential
/P - House Apartmen
Additional dwelling 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.
Passed in Open Council this 13t" day of December, 2021
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