Loading...
HomeMy WebLinkAbout2021-082If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 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 n� Adrian Foster, Mayor i j-une &allagher,,►,� - This is Schedule "A-1" to By-law 2021- 082 , passed this 1 3"' day of December, 2021 A.D. c a� o; W� V; Z. 0 O I� CO a� Y CONCESSION ROAD 3 Zoning Change From'A-85'To'A-1' N x Darlington • ZBA 2021-0011 • Schedule A-1 This is Schedule "A-2" to By-law 2021- 082, passed this 1311day of Decembe[2021 A.D. ( 5 CONCESSIONIROAD- IN I� � C 0 C d O Q W Zoning Change From 'A-93' 7o'A-1' N Clarke 9 ZBA 2021-0011 9 Schedule A-2