Regarding 7 Sources, the file “Makuch-reading-week-6” should be used as a source. The other 6 sources should be found in the link (specified Source) in the file “Assignment”.
Michelle_Michy
Lecture-Week-6.pdf
Zoning
Current Municipal & Planning Policy & Practice in Toronto
Week 6 June 11, 2019
What is a zoning by-law?
Applicable law
Legally enforceable
Section 34 of the Planning Act
History – separation of uses
Comprehensive zoning by-laws
Site-specific by-laws, and area-specific by-laws
A zoning by-law sets out: how land can be used
where buildings and structures can be located
what types of buildings are permitted
Density, height, and setbacks for buildings
Lots sizes, dimensions, parking requirements
Restrictions on development in areas that are: contaminated, vulnerable, sensitive, of archeological or environmental significance
Limitations
(or what zoning cannot do)
Architecture, design
People zone
Tenure
Business practices: hours of operation, liquor licenses
Discriminate based on owner/applicant
Section 35: no distinction on the basis of relationship
Cannot distinguish between unrelated vs. related persons
Why do we need zoning by-laws? Implement official plan policies and objectives
Manage land use and future development
Manage land use conflicts
Provides some certainty and predictability for landowners
The amendment process:
Application
Required for development that does not comply with the zoning by-law
Only changes that comply with the Official Plan can be considered
The Province and the municipality set out the
requirements for a complete application
The amendment process:
Review
Conformity with the Official Plan
Compatibility with adjacent land uses
Suitability of the land for the proposed purpose
Potential and predicted impacts
Vehicular access, water supply, sewage etc.
Must be “consistent with” the PPS
Consult with stakeholders and interested parties
The amendment process:
Passing Council must provide information to the public
Public meeting – at least one; anyone can speak
Notice – minimum 20 days
Decision: pass, amend, OR refuse
Notice of passing – must be given within 15 days
The amendment process:
Appeals Passed (20 day limit to file, after the notice of passing)
Who can appeal? Applicant Anyone who commented at the public meeting The Minister
Refusal, or no decision (120 days after a complete application)
Who can appeal? Applicant The Minister
OMB / TLAB decision: pass, refuse, amend
Other types of zoning by-laws
Holding (Section 36) Use of a Holding Symbol (H) Sets out future uses and conditions for lifting the (H)
Interim Control (Section 38) Restricts development for a given area pending planning review/study Immediate effect Maximum one year; possible extension of one
year
Temporary Use (Section 39) Sets out a temporary use (e.g. garden suite) Maximum 3 years; extension also possible
The Province Minister’s zoning orders
Used to protect provincial interest
Authority to zone any property
Mostly used in Northern Ontario
Matters of Provincial Interest
Basis for appeal rights
Zoning Protection:
Legal non-conforming (LNC) uses
Section 34(9) provides protection for “lawful” uses and buildings
Use must continue without interruption
Building is used for the same purpose
Section 34(10) allows for the extension or enlargement of LNC uses provided the use does not change
Toronto’s comprehensive
zoning by-law: 569-2013 capture the intent of existing
by-laws
Harmonize language and definitions
New parking and loading standards
Conform with the Official Plan
Internet based access: www.toronto.ca/zoning
https://www.toronto.ca/city-government/planning-
development/zoning-by-law-preliminary-zoning-
reviews/zoning-by-law-569-2013-2/
http://map.toronto.ca/maps/map.jsp?app=ZBL_CONSULT
Toronto Zoning By-law:
Interactive Zoning Map:
Zoning in the News
