What is Zoning?
In Ontario, Section 34 of the Planning Act gives local governments the power to zone land. Zoning is a tool used by governments to regulate land use and built form. It protects areas by preventing or limiting incompatible uses and establishing appropriate standards for development. The types of uses permitted in a zone are limited by the by-laws, and permission is often subject to conditions. Land may be zoned for specific intentions such as:
- Residential
- Commercial
- Commercial/Residential
- Industrial
- Parkland/Open Space
- Farm land
- Future growth
Apart from uses, zoning by-laws may regulate:
- building heights
- setbacks from property lines
- separation from other buildings
- angular planes that will affect the design of the building
- landscaping
- the percentage of a lot that may be covered by buildings
- the amount of floor area that a building may have
- access to a building on a lot
Zoning by-laws also regulate aspects related to uses on a lot, such as available parking, loading spaces, and bicycle parking spaces.
How is Zoning Related to the Official Plan?
A municipal government creates a vision for growth and development for the future called an Official Plan. This document defines long term growth goals, future development patterns and strategies for protecting and enhancing local resources. It also provides a broad framework for regulating land use, the scale of buildings, and the intensity of land development. The Official Plan is partially put in to effect through the use of zoning by-laws.
How Does Zoning Affect my Building Permit?
It is important that you know that zoning is considered Applicable Law under the Ontario Building Code (OBC). A building permit will not be issued unless zoning compliance is achieved through the application process.
What if my Design Doesn’t Comply with the Zoning By-law?
Zoning By-laws are unique to each municipality. If the design for a new building or a renovation does not comply with the zoning by-law, there are two choices available:
- Modify the design so that it does comply
- Apply to the Committee of Adjustment for a minor variance to the zoning by-law. It should be noted that the success of your application cannot be guaranteed.
What if my Application to the Committee of Adjustment (C of A) is Unsuccessful?
- Modify the design to make it more palatable to the C of A, and then reapply.
- Apply, using the original design, to the Local Planning Appeal Tribunal (LPAT). This body used to be known as the Ontario Municipal Board (OMB). It is strongly recommended that your application be presented by a professional planner and/or planning lawyer as this is the final stage in the appeal process.
Do I Need a Rezoning?
People frequently mistake rezoning for requiring approval from the C of A. A rezoning may be required for larger projects, or proposals which significantly change the use or usability of a lot. This process is typically done through a municipality’s Planning department.
We Can Help
Understanding zoning requirements can be confusing. If you are thinking about renovating or building a new structure, give us a call or send us an e-mail. We can help you to obtain zoning information about a lot, advise you on OBC requirements as they apply to your project, create design drawings, prepare the drawings that will be used in your application and even apply for the permit on your behalf. Should your design necessitate an application to the C of A, we can represent you.
