A zoning by-law controls the use of land. It implements the objectives and policies of the official plan by regulating and controlling specific land uses (and as such, must conform with the plan). A zoning by-law achieves this by stating exactly:
what land uses may be permitted (for example, residential or commercial)
where buildings and other structures can be located
which types of buildings are permitted (for example, detached houses, semi-detached houses, duplexes, apartment buildings, office buildings, etc.) and how they may be used
lot sizes and dimensions, parking requirements, building heights and densities, and setbacks from a street or lot boundary
As an elected representative, it is your job to make decisions on new zoning by-laws, updates to the zoning by-law, and municipally and privately initiated zoning amendments. You must ensure that those decisions are consistent with the PPS, and conform or do not conflict with any applicable provincial plan. As well, zoning decisions must conform with all applicable official plans.
As with an official plan, your municipality must consult the public when preparing a zoning by-law or replacing an existing zoning by-law. A public meeting must be held before the by-law is passed. Citizens may make their views known either verbally at the public meeting or through written submissions before the by-law is passed. Only a person or public body that does this may appeal all or part of a council’s decision, provided the matter may be appealed. Your municipal staff can advise you on which matters can and cannot be appealed.
Your municipality must also provide 20 days advance notice of the public meeting and provide information about the proposed by-law. After all concerns have been fully considered, council has the authority to pass or refuse to pass the zoning by-law.
Zoning by-law amendments (or rezonings) may be necessary when the existing by-law does not permit a proposed use or development of a property. A rezoning follows the same basic process as passing the zoning by-law itself, including opportunities to appeal to the Ontario Land Tribunal (OLT). An amendment can be initiated by the municipality or by the public.
As with a new, comprehensive official plan, privately-initiated applications to amend a new, comprehensive zoning by-law are not permitted for two years after the new by-law comes into effect, unless your council passes a resolution to allow these applications to proceed.
Any person or public body, provided certain requirements are met, may appeal your council’s decision to the Ontario Land Tribunal within 20 days of the date the notice of the passage of the by-law is given. This can be done by filing the appeal with your municipal clerk. When an appeal is filed, the OLT holds a public hearing and may approve, repeal or amend the by-law. If no appeal is filed within the appeal period, the by-law is considered to have taken effect on the day it was passed by council.
A municipality must update its zoning by-law to conform with its official plan within three years following the adoption of a new official plan, or following an official plan’s five or 10-year update. A municipality is required to hold an open house to give the public an opportunity to review and ask questions about the proposed by-law at least seven days before the public meeting.
Having an up-to-date zoning by-law ensures that the locally developed policies in the official plan are capable of being fully carried out in a timely way. It is an important element of being an investment-ready community.
Council initiates the process for the zoning bylaw
The bylaw is prepared. Following this, notice and information is provided to the public. Other agencies may also be consulted
A public meeting is held
Council makes a decision to pass the bylaw
Council gives notice of its decision
Possible appeal to the OLT: With some restrictions, any qualifying person or public body may appeal the decision to the OLT
If there are no appeals, the zoning bylaw is effective on the date council passes the bylaw
If an appeal is made, the record of the municipal decision is sent to the OLT. The OLT will then give notice of appeal and mandatory case management conference
A mandatory case management conference is held. At the case management conference, there is an opportunity to discuss possible settlements, including mediation and to identify, define and/or narrow issues
Mediation can take place on all or some of the issues
If a hearing is required, the OLT may dismiss the appeal without holding a hearing or will hold a hearing and make a final decision except when a provincial interest is declared