After almost one year of public consultation, the
revised draft of the City of Toronto's
proposed zoning by-law has been released for public review and
comment. The next steps in the process are planned to occur in
short succession, with a statutory public open house scheduled for
May 27, 2010 and statutory public meeting on June 16, 2010, leading
to final Council consideration as early as July 2010.
As described in our earlier newsletters, any changes to the
list of permitted uses, maximum densities, height limits and other
performance standards may affect redevelopment opportunities and
directly impact the value of your lands.
Some key points that you may want to take into consideration,
whether or not you are seeking to develop or redevelop land, are as
City Staff have not undertaken a comprehensive review of how
the new zoning impacts each parcel of land in Toronto. The onus is
on the land owners to stay informed and get involved;
Any land owner (or anyone with a property interest, including
lessees) who fails to express concerns or issues with the proposed
new zoning prior to City Council passing the new zoning by-law will
not be able to maintain an appeal of the new zoning by-law and
risks not being added as a party to an appeal at the Ontario
Development permissions secured through minor variances may not
be captured in the revised draft zoning by-law; and
During the time that the new zoning is under appeal to the
Ontario Municipal Board, the Chief Building Official is likely to
treat the new zoning, as passed by City Council, as
"applicable law" when considering the issuance of
building permits where the new zoning is more restrictive than the
How Stikeman Elliott can help
Stikeman Elliott's municipal and land use planning team
would be pleased to talk to you about the proposed by-law changes
and how you can become informed and involved.
Our team can assist you with:
understanding existing zoning and development permissions (as
set out in an existing zoning by-law, site-specific zoning by-law
amendments and/or minor variances) relative to the new zoning
by-law permissions proposed by the City;
evaluating the extent to which existing development rights and
opportunities for buildings, structures and land in Toronto will be
negotiating changes to the new zoning by-law to protect your
property interests at all stages of the by-law's public
consultation and approval processes; and
safeguarding your appeal rights and advocating your property
interests at the Ontario Municipal Board or the courts, if
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.
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