Referring to the new City of Toronto comprehensive zoning
by-law, No. 1156-2010 (the "New By-law"), Ward 21
Councillor Peter Milczyn said, "nobody preparing a 7,000 page
document is going to get it right the first time". At their
May 17 - 18, 2011 meeting, City Council agreed and repealed the New
By-law and all subsequent amendments and sent the New By-law back
to Planning Staff for further stakeholder consultation and
potential widespread overhaul.
Reasons for repeal of the New By-law
The impetus to repeal the New By-law was instigated by concerns
respecting the 694 unresolved appeals of the New By-law to the
Ontario Municipal Board (OMB) and the lack of transition provisions
in the New By-law that have caused difficulty for landowners and
developers trying to obtain building permits in a landscape of
changing zoning regulations.
Council's decision
At the City Council meeting on May 17-18, 2011, Council adopted
the following recommendations substantially as endorsed by the
Planning and Growth Management Committee last week:
City Council repeal By-law 1156-2010 and all subsequent
amendments to the By-law.
City Council direct the Chief Planner and Executive Director,
City Planning, to conduct consultations with the public, and
appellants to By-law 1156-2010 and report to the Planning and
Growth Management Committee at its meeting on October 6, 2011.
City Council direct the Planning and Growth Management
Committee to schedule a Public Meeting at its meeting on November
8, 2011, for the purpose of considering whether to re-enact By-law
1156-2010 with any proposed revisions resulting from the
consultation with appellants and councillors so that the new by-law
can then be considered for enactment by City Council on February 6,
2012.
City Council direct that the scope of the revised harmonized
zoning by-law not be greater than what was contained in By-law
1156-2010 but can be reduced.
City Council direct the Chief Planner and Executive Director,
City Planning, and the City Solicitor to report to the Planning and
Growth Management Committee at its meeting on November 8, 2011, on
transition provisions that may exempt rezoning and minor variance
applications for inclusion in the zoning by-law to be presented to
City Council on February 6, 2012.
What does repeal of the New By-law mean?
City Planning Staff have been directed to consult with
appellants in an attempt to ensure their concerns are addressed in
the revised harmonized zoning by-law to be brought forward. Such
consultation is to be complete by October 6, 2011.
With the repeal of the New By-law, there is a window of
opportunity to obtain development approvals and permits in
accordance with the zoning by-laws of the former municipalities of
the amalgamated City of Toronto.
Persons with interest in lands in Toronto should stay informed
and engaged in the revised harmonized zoning by-law consultation
process, in order to protect your development permissions and right
of appeal to the Ontario Municipal Board.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
Specific Questions relating to this article should be addressed directly to the author.
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