Zone Clarington
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The Municipality of Clarington is undertaking a comprehensive review of its zoning by-laws. Clarington’s zoning by-laws specify how land can be used through permissions (residential, commercial, mixed-use, etc.) and regulations (building heights, property setbacks, etc.).
Zone Clarington is guided by the following principles:
- To implement the Official Plan, helping Clarington to develop and thrive
- To modernize and improve usability of the Zoning By-law
- To respect our unique mix of urban and rural communities
Current status - December 17, 2021
Clarington will continue work on the Rural Phase of the Municipality’s Comprehensive Zoning By-law Review Project. The second draft of the Zoning By-law was presented to Council and deliberated on during their December 13, 2021, meeting. The protection of the natural heritage system has been in question as the Municipality balances its legal obligation to follow Provincial regulation and the needs of rural residents who want to have the option to build and construct on their lands. As a result, Council has requested the Province to stop all updates of the natural heritage system designations in official plans and zoning by-laws, pending a full provincial review of the natural heritage systems and corresponding mapping from numerous sources, which is considered overlapping between the different authorities.
Currently, land use regulations in Ontario are set out by different agencies that map natural heritage systems, including the Province, Conservation Authorities and Regions and local municipalities. Council believes that this mapping does not accurately depict the natural heritage systems and can negatively impact rural property owners and farmers. Following this decision, Clarington staff will stop working on the natural heritage system mapping and regulations in the rural areas until the Municipality hears from the Province.
| What’s in the second draft of the Zoning By-law? |
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The second draft of the Zoning By-law specifically addresses Council’s direction regarding environmental protection in the rural areas. Council directed staff to maintain the existing environmental protection zoning that is in place today and include additional environmental information and mapping on land use regulations set out by other agencies, explaining how the Municipality must follow these regulations mandated by the Region of Durham, the Province, the Conservation Authorities, and others. The second draft of the Zoning By-law for rural areas attempts to balance Council direction, landowner concerns regarding the protection of environmental features, and Clarington’s legal obligation to follow provincial policy. Since the current environmental protection mapping is based on historical data and is not up to date, the second draft combines the existing mapping and added regulations to ensure that these natural features and hazards are protected whether they are depicted on a map or not. |
| Why do we need to protect the environment? |
| Ontario has a wealth of natural heritage resources, including water, ecological, mineral, and archaeological resources that provide “important environmental, economic and social benefits,” as outlined in the Provincial Policy Statement. In protecting the environment, we are protecting human health and overall community well-being and are building community resilience to the impacts of climate change. |
| How is land use regulated, and why? |
| Various levels of government work in coordination to protect the environment and ensure that community growth, development and construction are managed properly. These regulations strive to balance green space, the protection of our agricultural land, and foster community and economic growth. With all that in mind, Clarington Council directed staff to include maps and regulations from other agencies that reflect their land use controls as they apply to development in rural areas. In some cases, this type of mapping does not exist (e.g. Regional Woodland By-law areas). The maps that staff have provided only show a snapshot of the natural features that exist in Clarington and need to be protected. The new draft Zoning By-law hopes to provide a visual and written guide to those trying to understand the zoning and requirements for developing or altering properties in rural areas where environmental features may be on or adjacent to those properties. |
| What does this mean for landowners? |
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The mapping in the second draft of the Zoning By-law reflects environmental protection provisions currently in place in Clarington’s existing zoning by-law. However, not all Provincially protected natural features are included in the mapping. As a result, the Draft Zoning By-law proposes regulations to limit buildings and structures from being built within natural hazards or within or near natural features. If a proposed development on a property is not within a natural hazard or within or near a natural feature, it can proceed with the site alteration and building permit process. However, the proposed development would still need to comply with all other regulations listed within the Zoning By-law. If a proposed development appears to be within a natural hazard or within or near a natural feature, a technical study may be needed to ensure these features aren’t negatively impacted, and Site Plan Control approval may be triggered. The Site Plan Control approval process would include a review of the natural features on the property to identify and set the limits of the natural feature or hazard and protect these features from the proposed development. This process is consistent with the Site Plan Control and approval requirements in place since 2005 across the Oak Ridges Moraine area in Clarington. We recognize that in some cases, a proposed development may not have a negative impact on a natural feature. In these cases, where a technical study is not necessary to support the proposed development, the development proposal would be exempt from the Site Plan Control and approval process. |
What are the next steps?
- The work involved in the Zoning By-law Amendment for the rural areas will continue looking at zoning for recreation vehicle storage, on-farm diversified uses, on-farm special event venues and other rural zoning matters.
- An extensive public consultation process, including open houses, communications and website updates and social media to engage landowners will continue throughout the process.
- Clarington staff is preparing a project information sheet that will be mailed directly to all property owners in the rural areas. The information sheet will also contain updates on Envision Durham, the Region of Durham's Municipal Comprehensive Review of its Official Plan.
- Staff will continue to update this project page and social media. Stay tuned for more updates. Subscribe to this page to stay informed.
Past updates
| December 1, 2021 |
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At a Special Planning and Development Committee meeting on November 30, 2021, Council considered staff report PDS-062-21. This staff report included a second draft of a proposed new Zoning By-law focused on rural Clarington. The staff report was prepared to respond to Council direction on the issue of environmental protection in rural areas. The directions of the Planning and Development Committee will undergo final consideration by Council on December 13, 2021. Read the meeting minutes and view a recording of the meeting at www.clarington.net/calendar. |
| November 25, 2021 |
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The Municipality has released the second draft of its proposed new Zoning By-law focused on rural Clarington. This second draft was prepared to respond to Council direction specifically on the issue of environmental protection in rural areas. Council will consider a staff report at a Special Planning and Development Committee meeting on November 30, 2021, at 7 p.m. The report provides context and information and asks Council to direct staff on how to proceed with zoning for the rural portion of Zone Clarington. If Council directs Staff to move forward with the recommendations in the staff report, staff will continue to refine the content of the proposed Zoning By-law and proceed with comprehensive public consultation, seeking input from the public to help inform the proposed new By-law. The staff report also outlines a robust plan for public consultation that goes beyond the legal minimum requirements and provides a summary of the comments we have received to date. It’s important to note that the Zone Clarington project is a multi-year initiative to review, update and consolidate Clarington’s existing zoning regulations, which outline how land can be used, and create regulations for things such as land use permitted in each zone, building heights and setbacks. There will be plenty of opportunities throughout the process to gather public input and insight into the project and hold the necessary public meetings to obtain approval and enact a new Zoning By-law in Clarington that conforms to the Municipality’s Official Plan.
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| November 2, 2021 |
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On November 30, a Staff Report regarding Zone Clarington will be on the agenda at a Special Planning and Development Committee meeting. The report to be considered by the Committee will respond to the following Council direction within Resolution #C-512-20, approved December 14 and 15, 2020: That staff be directed to bring forth report together with a draft zoning by-law amendment which:
The report will seek direction from Council on the next steps for the Rural Area Phase of Zone Clarington. Subject to Council’s direction, additional consultation with the public on a proposed new zoning by-law for Clarington is required, as outlined in the Planning Act. View the full notice of the upcoming Zone Clarington Staff Report, including viewing or participating in the meeting. View the full notice of Council’s direction and a copy of Resolution #C-512-20. |
| January 2021 |
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On December 14, 2020, Council directed staff to resume work on the rural phase of the zoning by-law review project, which had been placed on hold in October 2019. Specifically, staff were directed to prepare a report and zoning by-law amendment that includes:
Staff anticipate reporting back to Council on progress with the draft zoning by-law late 2021. View the full notice of Council’s direction and a copy of Resolution #C-512-20. |
Project documents
Frequently asked questions
| Why are we reviewing Clarington's Zoning By-laws? |
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The Planning Act, which sets out the ground rules for land use planning in Ontario, requires that municipalities review and update their municipal zoning by-law(s) to conform to their Official Plan no later than three years after the Official Plan comes into effect. After a comprehensive review, an amendment to the Clarington Official Plan was adopted by Council on November 1, 2016, and approved by the Region of Durham on June 19, 2017. New zoning will likely be adopted in some places to meet the land uses described in the updated Official Plan. With Clarington's two existing Zoning By-laws, the opportunity to consolidate Zoning By-laws 84-63 and 2005-109 into one comprehensive Zoning By-law |
| What does the ZONE Clarington work plan include? |
The entirety of both by-laws will be reviewed, including:
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| How does the Zoning By-law review affect me? |
| Zoning by-laws define permitted uses for lands and specify regulations for buildings and structures on this land. If you are considering changing the use of your property or constructing new buildings or additions to existing buildings, you will need to consult the Zoning By-law to see what is permitted. The by-law review may change what was previously allowed on your property to allow more flexibility or, possibly, to be more restrictive, depending on how your property is designated in the Official Plan. |
| What if my property does not comply with the new zoning? |
| When new zoning is established, the new regulations and provisions cannot eliminate structures or uses that already exist. Existing buildings and structures that are lawfully used for such a purpose on the date of passing of the by-law will become 'legal non-conforming' so long as they continue to be used for that purpose. The permission to exist 'as-is' will not be lost when zoning changes permit otherwise moving forward. |
| What happens if my property zoning changes and is deemed 'legal non-conforming'? |
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When the proposed zoning comes into effect, there will be no change to the requirements imposed upon your property. You can continue living in your home or operating your business without any implications, provided the uses continue 'as-is.' Once a use or structure is removed, the legal non-conforming status stops. To make changes to a legal non-conforming use or structure, permission may be required through a Zoning By-law amendment or minor variance if the proposed changes do not comply with the new zoning of the property. |
| What if I do not want the new zoning to apply to my property? |
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We encourage the community to participate in the ZONE Clarington consultation process so that we can consider your concerns at every stage of the project. Public meeting dates will be advertised at least two weeks in advance of their scheduled times. Once the Zoning By-law has been approved by Council, you may be able to appeal it to the Ontario Land Tribunal (OLT). The Municipality must give notice of the new by-law's passing within 15 days of its approval. You will then have 20 days after the notice of the passing of the by-law to file a notice of appeal with the Municipal Clerk. |
| How will the new Zoning By-law be implemented? |
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Zoning establishes a set of rules so that the community has a common understanding of how property will be used. The Municipality enforces the Zoning By-law to protect the rights of all its residents. When an individual applies for a building permit, municipal staff are required to ensure that the proposed use, building or structure complies with the Zoning By-law. If the proposed use, building or structure does not comply, the building permit cannot be issued. If a building permit was not required and there is a violation of the Zoning By-law, Municipal By-law Enforcement will meet with the property owner to discuss what is needed to make the property comply with current zoning. If the owner does not take steps to correct the problem, the Municipality may lay charges against the property owner. |
| How will changes to the Zoning By-law affect my property taxes? |
| Property taxes are calculated by multiplying the assessed value of your property by the property class tax rate of your land. The assessed value of each property is determined by the Municipal Property Assessment Corporation (MPAC), not the Municipality of Clarington. MPAC uses several factors to assess land values. Visit MPAC's website to learn more. |
Questions about your current zoning?
If you have questions about your property's current zoning, please view our current zoning by-laws web page or email your questions to planning@clarington.net.
If you have questions about the draft Regional Natural Heritage System under development by the Region of Durham as part of Envision Durham, please visit www.durham.ca/envisiondurham for contact information and sign up to receive notice when draft mapping is available.
Stay informed. Get involved.
Send us questions or comments on the Zoning By-law Review using our feedback form.
Subscribe to this page using the blue button on the right side of this page to receive news, updates and notice of upcoming meetings, and to be added to the ZONE Clarington interested parties list. To receive updates via mail, contact the Planning and Infrastructure Services Department at 905-623-3379 or email us and provide your full mailing address.
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