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Report
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Report To: Planning and Development Committee
Date of Meeting: February 24, 2020 Report Number: PSD-007-20
Submitted By: Faye Langmaid, Acting Director of Planning Services
Reviewed By: Andrew C. Allison, CAO Resolution Number: PD-053-20
File Number: PLN 11.15 By-law Number: 2020-011
Report Subject: Apartment -in -House By-law Amendment
Recommendations:
1. That Report PSD-007-20 be received;
2. That the amendment to the Apartment -in -House By-law be approved as contained in
Attachment 1 to Report PSD-007-20; and
3. That all interested parties listed in Report PSD-007-20 and any delegations be advised of
Council's decision.
Municipality of Clarington
Report PSD-007-20
Report Overview
Page 2
This report is in response to a Council request for staff to review and propose revisions to the
Apartment -in -House registration by-law to address enforcement of non -registered second
units.
1. Background
1.1 At a meeting held on September 16, 2019 Council approved Resolution #JC-108-19 as
follows:
"That staff be directed to report on in-house apartment registration to advise
whether there are enforcement measures in place for non -registration and, if not, to
make proposals for enforcement."
1.2 Staff from Planning Services together with Municipal Law Enforcement and Legal
reviewed enforcement related issues for the existing in-house apartment registration by-
law. In addition, best practices from other municipalities were examined.
1.3 The Municipality initially adopted By -Law 97-77 being a by-law to provide for the
registration of a primary dwelling unit having an Apartment -in -House. The main purpose
of registering secondary residential units is to ensure they are safe and comply to both
Building and Fire Codes. By-law 97-77 has since had two minor amendments, both
addressing fees. While the purpose of the by-law is to provide for the registration of a
primary dwelling unit having a lawful Apartment -in -House, there is no provision identified
for failure to register an apartment -in-house.
2. Discussion
2.1 Staff have reviewed the Apartment -in -House By-law with the goal of addressing Council's
resolution. During the review of the existing by-law it quickly became apparent that the
by-law is not consistent with current provincial direction regarding secondary residential
units. Other necessary revisions are directly related to amendments to the municipal
zoning by-laws addressing where a second unit can be constructed. A more
comprehensive amendment to the Apartment -in -House By-law will be drafted following
completion of Zone Clarington to implement revisions for secondary units stemming from
that process.
2.2 Two revisions are proposed to the Apartment -in -House By-law at this time. The first is to
remove the word "lawful" from the first line of the definition of Apartment -in -House.
Although the word lawful is appropriately used in the Application section of the by-law, it
should not be used in the definition. Currently the definition reads as follows:
"Apartment -in -House" shall mean a lawful second dwelling unit contained within a
permitted residential single detached or semi-detached dwelling created through
converting part of or adding onto an existing dwelling unit. The Apartment -in -House
Municipality of Clarington
Report PSD-007-20
Page 3
shall be used or intended to be used by one or more persons, and shall contain
sanitary facilities, kitchen and a heating system. The Apartment -in -House shall have
a private entrance from outside the building or from a common hallway or stairway
inside the building. For the purposes of this By-law, an "Apartment -in -House" shall
not be a "Converted Dwelling" and/or a "Duplex Dwelling".
2.3 The second revision is to add a new subsection 3.2 and renumber the remaining three
subsections. The new provision will allow Municipal Law Enforcement to legally pursue
property owners who have not registered an Apartment -in -House. The proposed new
provision reads as follows:
'63.2 No person shall fail to register an Apartment -in -House."
2.4 Staff believe these two minor changes address the request of Council and will allow for
enhanced enforcement of secondary residential units that have not been registered. As
noted above a more detailed review of the by-law will be required to implement changes
resulting from Zone Clarington.
3. Concurrence
This report has been reviewed by the Manager Municipal law Enforcement and the
Municipal Solicitor who concur with the recommendations.
4. Conclusion
In consideration of staff comments, it is respectfully recommended that the Apartment -in -
House By-law be amended as contained in Attachment 1.
Staff Contact: Carlo Pellarin, Planner, 905-623-3379 ext. 2408 or cpellarin(cr_clarington.net
Attachments:
Attachment 1 - By-law to amend By-law 97-77
There are no interested parties to be notified of Council's decision.
Municipality of Clarington
Attachment 1 to
Report PSD-007-20
Corporation of the Municipality of Clarington
By-law Number 20 -
being a By-law to amend By-law 97-77, Being a by-law to provide for the registration of
a primary dwelling unit having an Apartment -in -House for the Corporation of the
Municipality of Clarington
Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to
amend By-law 97-77, as amended, of the Corporation of the Municipality of Clarington;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Remove the word "lawful" from the first line of the definition of Apartment -in -House.
2. Add a new subsection 3.2 as follows and renumber the existing three subsections:
"3.2 No person shall fail to register an Apartment -in -House."
3. This By-law shall come into effect on the date it is enacted.
By -Law passed in open session this day of , 20
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk