Garden Suites: Proposed Amendments to the Official Plan and Zoning By-law

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Consultation has concluded for this project. 

The Town has determined that there is a need to improve the garden suite policies in the Town’s Official Plan and provisions in the Town’s Zoning By-law. The establishment of additional garden suite policies and provisions will assist in processing and making decisions on garden suite applications as well as setting out clear criteria for the community to follow when submitting applications to the Town.

Potential amendments include:

  • Exterior design policies related to portability, massing, scale, layout, lighting, buffering, and driveway entrances
  • Policies relating to impact on stormwater management and site drainage
  • Provisions related to location, height, size, prohibiting basements and garages

We welcome your input to help inform these proposed amendments, which will be presented to the Town’s Committee of the Whole for consideration at a later date.


Public Consultation
The Virtual Public Meeting took place on Monday, February 7. See the staff report and appendices at right.

Amendments are proposed to the current Official Plan Policies and Zoning By-law Provisions for Garden Suites. Potential Amendments include:
• Exterior design policies related to portability, massing, scale, layout, lighting,buffering, and driveway entrances
• Policies relating to impact on stormwater management and site drainage
• Provisions related to location, height, size, prohibiting basements and garages

A virtual Public Information Centre (PIC) was held on Wednesday, November 17. Thank you to all who attended.

View the Presentation

Information collected through the PIC and this Speak Up Lincoln page will inform the upcoming report and recommendations to Council.

Proposed Amendments

The following amendments are proposed:

Definition (proposed update in bold):

Garden Suite means a one-unit detached residential structure containing bathroom and kitchen facilities, that is ancillary to an existing residential structure and is designed to be portable and for a temporary use.

Official Plan Section 9.7.2 Garden Suites (updates in bold):

a. A garden suite in the form of a mobile home or a similarly mobile modular unit may be permitted as a second dwelling on a lot containing a single detached dwelling to facilitate common living on a temporary basis. Where a need is demonstrated for a separate housing unit in close proximity to the existing housing unit, The Town may consider the passage of a by-law for the temporary use to ensure that the garden suite does not become a permanent use or become recognized as an existing non-conforming use. The Town may require the Owner of the garden suite or any other person to enter into an agreement with the Municipality for the use and removal of the unit pursuant to Section 39 of the Planning Act.

b. In considering such proposals for a garden suite, the following shall be considered:

  1. The unit shall only be used on a temporary basis in conjunction with an existing dwelling on the same lot;
  2. The unit shall only be used on a temporary basis, up to a period of 20 years or for as long as common living is maintained;
  3. The housing unit proposed is portable, pre-fabricated or of a modular nature and thus readily removable from the site;
  4. The unit is not placed in the required front yard required by the Zoning By-law;
  5. No additional access is provided to the lot from a publicly maintained road;
  6. Placement of the unit is not exclusively removed from the existing dwelling;
  7. The proposed site is capable of accommodating sustainable private services and a water supply system as determined by the Regional Public Health Department; and
  8. The location of such unit shall be in accordance with the Minimum Distance Separation Formulas where the use is proposed near any livestock operation;
  9. The exterior design of the garden suite shall be similar to the massing, scale and layout of the present land uses within the general area;
  10. The garden suite shall have a minimal effect on light, view and privacy of adjacent lots and should have adequate screening and buffering from adjacent properties;
  11. Garden suites are not permitted to be incorporated into any land severances or sales of land;
  12. A principal dwelling unit must be constructed on the lot and issued an occupancy permit prior to the issuance of a building permit for a garden suite;
  13. The garden suite shall have no negative impact on stormwater management and site drainage;
  14. The primary dwelling unit or the property does not already contain an accessory dwelling unit;
  15. The property is not subject to flooding, sewer surcharge or within a holding area;
  16. A garden suite shall not be placed in an area that is hydrogeologically sensitive;
  17. A garden suite shall not be constructed over an easement;
  18. A maximum of one garden suite per residential lot is permitted and shall not be attached to the principal dwelling;
  19. Access to the garden suite shall be in accordance with the Ontario Building Code; and
  20. Only minor additions to the existing driveways will be permitted to accommodate the occupants of the garden suite.

Zoning By-law Section 6.33 Temporary Garden Suites (updates in bold):

Notwithstanding anything contained in this By-law, a Garden Suite is permitted, subject to the passage of a temporary use by-law. Such a by-law may permit a Garden Suite on a lot for a period not to exceed 10 years 20 years, subject to the following regulations:

  1. Only one garden suite may be constructed per lot;
  2. In Agricultural Zones, Garden Suites shall be located close to the principal residence to ensure that lands used for farming purposes are not impacted;
  3. The minimum setback of the garden suite shall be equal to the required rear and interior side yard requirements for the principal building;
  4. The garden suite shall not cause an encroachment into any required yard setback imposed by the Zoning By-law. In the case where an existing single detached dwelling is legally non-complying, the garden suite shall not cause further encroachment;
  5. The maximum height of the garden suite shall be one storey and shall not be taller than the principal dwelling;
  6. The gross floor area of the garden suite shall be included in the calculation of maximum lot coverage and shall not exceed 140 sq. m or 50% of the ground floor area of the principal dwelling;
  7. A basement is not permitted in a garden suite;
  8. An enclosed garage to provide parking for the occupants of the garden suite is not permitted; and
  9. No garden suite shall not be located closer than 3.0 metres to the principal dwelling on the lot or any building on an abutting property.

The Town has determined that there is a need to improve the garden suite policies in the Town’s Official Plan and provisions in the Town’s Zoning By-law. The establishment of additional garden suite policies and provisions will assist in processing and making decisions on garden suite applications as well as setting out clear criteria for the community to follow when submitting applications to the Town.

Potential amendments include:

  • Exterior design policies related to portability, massing, scale, layout, lighting, buffering, and driveway entrances
  • Policies relating to impact on stormwater management and site drainage
  • Provisions related to location, height, size, prohibiting basements and garages

We welcome your input to help inform these proposed amendments, which will be presented to the Town’s Committee of the Whole for consideration at a later date.


Public Consultation
The Virtual Public Meeting took place on Monday, February 7. See the staff report and appendices at right.

Amendments are proposed to the current Official Plan Policies and Zoning By-law Provisions for Garden Suites. Potential Amendments include:
• Exterior design policies related to portability, massing, scale, layout, lighting,buffering, and driveway entrances
• Policies relating to impact on stormwater management and site drainage
• Provisions related to location, height, size, prohibiting basements and garages

A virtual Public Information Centre (PIC) was held on Wednesday, November 17. Thank you to all who attended.

View the Presentation

Information collected through the PIC and this Speak Up Lincoln page will inform the upcoming report and recommendations to Council.

Proposed Amendments

The following amendments are proposed:

Definition (proposed update in bold):

Garden Suite means a one-unit detached residential structure containing bathroom and kitchen facilities, that is ancillary to an existing residential structure and is designed to be portable and for a temporary use.

Official Plan Section 9.7.2 Garden Suites (updates in bold):

a. A garden suite in the form of a mobile home or a similarly mobile modular unit may be permitted as a second dwelling on a lot containing a single detached dwelling to facilitate common living on a temporary basis. Where a need is demonstrated for a separate housing unit in close proximity to the existing housing unit, The Town may consider the passage of a by-law for the temporary use to ensure that the garden suite does not become a permanent use or become recognized as an existing non-conforming use. The Town may require the Owner of the garden suite or any other person to enter into an agreement with the Municipality for the use and removal of the unit pursuant to Section 39 of the Planning Act.

b. In considering such proposals for a garden suite, the following shall be considered:

  1. The unit shall only be used on a temporary basis in conjunction with an existing dwelling on the same lot;
  2. The unit shall only be used on a temporary basis, up to a period of 20 years or for as long as common living is maintained;
  3. The housing unit proposed is portable, pre-fabricated or of a modular nature and thus readily removable from the site;
  4. The unit is not placed in the required front yard required by the Zoning By-law;
  5. No additional access is provided to the lot from a publicly maintained road;
  6. Placement of the unit is not exclusively removed from the existing dwelling;
  7. The proposed site is capable of accommodating sustainable private services and a water supply system as determined by the Regional Public Health Department; and
  8. The location of such unit shall be in accordance with the Minimum Distance Separation Formulas where the use is proposed near any livestock operation;
  9. The exterior design of the garden suite shall be similar to the massing, scale and layout of the present land uses within the general area;
  10. The garden suite shall have a minimal effect on light, view and privacy of adjacent lots and should have adequate screening and buffering from adjacent properties;
  11. Garden suites are not permitted to be incorporated into any land severances or sales of land;
  12. A principal dwelling unit must be constructed on the lot and issued an occupancy permit prior to the issuance of a building permit for a garden suite;
  13. The garden suite shall have no negative impact on stormwater management and site drainage;
  14. The primary dwelling unit or the property does not already contain an accessory dwelling unit;
  15. The property is not subject to flooding, sewer surcharge or within a holding area;
  16. A garden suite shall not be placed in an area that is hydrogeologically sensitive;
  17. A garden suite shall not be constructed over an easement;
  18. A maximum of one garden suite per residential lot is permitted and shall not be attached to the principal dwelling;
  19. Access to the garden suite shall be in accordance with the Ontario Building Code; and
  20. Only minor additions to the existing driveways will be permitted to accommodate the occupants of the garden suite.

Zoning By-law Section 6.33 Temporary Garden Suites (updates in bold):

Notwithstanding anything contained in this By-law, a Garden Suite is permitted, subject to the passage of a temporary use by-law. Such a by-law may permit a Garden Suite on a lot for a period not to exceed 10 years 20 years, subject to the following regulations:

  1. Only one garden suite may be constructed per lot;
  2. In Agricultural Zones, Garden Suites shall be located close to the principal residence to ensure that lands used for farming purposes are not impacted;
  3. The minimum setback of the garden suite shall be equal to the required rear and interior side yard requirements for the principal building;
  4. The garden suite shall not cause an encroachment into any required yard setback imposed by the Zoning By-law. In the case where an existing single detached dwelling is legally non-complying, the garden suite shall not cause further encroachment;
  5. The maximum height of the garden suite shall be one storey and shall not be taller than the principal dwelling;
  6. The gross floor area of the garden suite shall be included in the calculation of maximum lot coverage and shall not exceed 140 sq. m or 50% of the ground floor area of the principal dwelling;
  7. A basement is not permitted in a garden suite;
  8. An enclosed garage to provide parking for the occupants of the garden suite is not permitted; and
  9. No garden suite shall not be located closer than 3.0 metres to the principal dwelling on the lot or any building on an abutting property.

Consultation has concluded for this project. 

Do you have any questions about the proposed amendments to the Official Plan and Zoning By-law? Please leave them here and someone from our project team will respond as soon as possible.  

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    When will this law be passed as we are trying to get permits to build a second dwelling living flat.

    Kris asked almost 2 years ago

    Thank you for your question. 

    A recommendation report was brought forward to the Committee of the Whole on April 25, 2022. Committee/Council requested staff to revisit the amendments, and so the applications were deferred to a subsequent meeting. It is unknown when the applications will be brought back to Committee/Council for approval. For clarification, garden suites are mobile/modular dwellings to temporarily facilitate common living where a need for separate housing is demonstrated and differs from secondary dwelling units, which are permanent structures on a lot containing a main residential use. 

    For more information, you may wish to contact the Planning Department.

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    Are the proposed amendments to the Official Plan and Zoning Bylaw expected to increase the affordable housing stock in Lincoln? Are the obstacles in terms of time and cost of approval reasonable and conducive to encouraging garden suite construction?

    Margot Smeenk asked about 2 years ago

    Thank you for your question. The Town has seen an increase in garden suite applications in recent years. This type of housing appeals to various people as they age through life and seek affordable housing options and a place to live near family members. The proposed amendments will aid in streamlining the application process, including combining fees and will assist when making decisions through more transparent policies and stronger guidance for applicants, staff and Council. In turn, staff are looking to decrease application timelines and costs. Staff expect to see more garden suite applications coming forward for approval.

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    In the proposed amendment to Official Plan Section 9.72 subsection b) article x), how will the 'adequacy' of the screening and buffering be determined? If side and rear yard setbacks and the minimum separation proposed in article i) of the proposed Zoning Bylaw are met, why would additional screening and buffering be required?

    Margot Smeenk asked about 2 years ago

    Thank you for your question; as with all other Planning applications, Staff review garden suite applications on a case-by-case basis. Setbacks prevent overcrowding and ensure that the property has enough light, ventilation, and private access. Although occasionally, additional mitigation measures are required, such as landscaping or fencing, to ensure minimal negative impacts on the owner and adjacent property owners. This would depend on location, whether the garden suite is being proposed in an urban area or a rural area.

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    In Official Plan Section 9.7.2 subsection b) article ix), how will similarity of massing, scale and layout be determined? In particular, in an area with predominantly 2 storey homes with a ground floor area of about 120 m2 how could this article be met while still complying with the proposed amendment to the Zoning Bylaw Section 6.33 article e) (1 storey only) and article f) (not exceeding 50% - 60m2 - of the ground floor area of the principal building)?

    Margot Smeenk asked about 2 years ago

    Thank you for your question. From a design perspective, it is essential to ensure that massing, scale and layout are considered together to arrive at a high quality, well-proportioned building form that fits in with and is compatible with the area’s character. Architectural elements can also affect massings, such as windows, doors and roofs, and interior floor plans. So, staff would look at these and other architectural elements of the surrounding area to determine if the garden suite is compatible. Planning staff also wish to ensure that the garden suite remains secondary to the principal residential use and does not have a dominating effect. The planning staff will consider your question as the town approves the new policies and provisions.

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    How is the use of the dwelling monitored/verified and is there a verification at 20 years? What happens if the property is being sold?

    Simmons asked over 2 years ago

    Thank you for your question. Garden suites require a building permit. Town Building Inspectors inspect the construction at different stages up until occupancy. 

    A Temporary Use Agreement is also required between the Town and the owner, which includes the name(s) of the occupant(s). When the occupant no longer requires the garden suite or if the owner sells the property, the garden suite is required to be removed or converted. This is stipulated within the agreement which is registered on title and would be addressed at the time of sale. The Town has a database of all registered garden suites and holds a security for the removal of the garden suite. 

    After 20 years, if the garden suite is remaining, owners will be sent a letter from the Town indicating that the garden suite is nearing the end of it’s lifespan and advising to either extend its use for an additional 3 years, if required, or remove/convert the building.

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    I do not agree with the increase of timeframe to 20 years. That length of time does not equal “temporary “.

    MarciaCramp asked over 2 years ago

    Thank you for your comment. The 20-year timeframe is a provincial regulation provided under section 39 of the Ontario Planning Act. A garden suite is intended to be permitted on a temporary basis where the need for a common living arrangement is demonstrated, eg. aging parent. An agreement is required between the Town and the owner naming the occupant of the garden suite. This ensures that the garden suite is not occupied by anyone other than who is specified in the agreement. Once the garden suite is no longer required by that occupant, which could be less than 20 years, the garden suite is required to be removed from the property.

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    We wineries be permitted to add multiple garden suites on their properties?

    Lorraine’s iPad asked over 2 years ago

    Thank you for your question. A garden suite is considered a “one-unit” detached mobile residential structure ancillary to an existing residential use proposed on a temporary basis where the need for a common living arrangement is demonstrated; for example, an aging parent. A garden suite is not permitted ancillary to a winery. Winery accommodations are subject to separate planning approvals.