The statutory open house on the Toronto New City-Wide Zoning
By-Law (New ZBL) was held on Wednesday, February 27th. The
statutory public meeting will be held by the Planning and Growth
Management Committee on Wednesday, March 6th at 9:30 a.m. in the
Council Chamber at City Hall, 100 Queen St. West. If the
Committee recommends approval, a final draft of the New ZBL will
proceed to City Council for consideration/enactment. In
order to maintain a statutory right of appeal written submissions
are required to Council prior to adoption of the by-law (Council
date TBD) OR oral submissions are required at the statutory
public meeting. As well, the failure to make submissions
may negatively affect your ability to achieve party status before
the Ontario Municipal Board in appeals by third parties which may
affect your interests.
The latest draft of the New ZBL is
available on the Clerk's website. It is also available on a
series of interactive maps. You can quickly find the zoning of a
property by searching by address on the maps. Links to the
interactive map and more information on the progress of the New ZBL
are available at http://www.toronto.ca/zoning/.
The New ZBL has addressed a number of concerns identified by the
development community during its review of the former, now
repealed, City-wide By-law 1156-2010. However, we are recommending
that our clients submit written comments to Council in order to
maintain a right of appeal should one be necessary. Changes have
been made in the following areas of note:
1. Transition Protocol and Transition Clauses,
2. Minor Variance Approvals,
3. Site-Specific Exceptions,
4. Definition of Gross Floor Area, and
5. Paid Visitor Parking Permitted in All Zones.
It is important to review the New ZBL as it relates to your
property or properties, whether there is an active development
application, financing that requires compliance with zoning or land
holdings that have been banked for future development.
While we understand the situation is not ideal (since the exact
same process took place less than two years ago), it is important
to consider the New ZBL and submit comments. Determination of
whether or not to file an appeal can then be made at a later
If you would like our office to review the New ZBL as it relates
to your lands, please let us know.
Russell v. Township of Georgian Bay provides a useful reminder of the fact that while municipal officials sometimes appear to hold all of the cards in disputes with home owners, that is not always the case.
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