Planning & Development Department
Zoning
What
is a zoning by-law?
What is a zoning by-law
amendment?
How is a zoning by-law
amendment passed?
How are zoning by-laws evaluated?
What is a zoning
by-law?
The zoning by-law controls the use of land
in Caledon. It states exactly:
•how land may be used
•where
buildings and other structures can be located
•the
types of buildings that are permitted and how they may be used
•the
lot sizes and dimensions, parking requirements, building heights and setbacks
from the street
The Town’s
Official Plan sets out Caledon’s general policies for future
land use. Zoning by-laws put the plan into effect and provide for its
day-to-day administration. They contain
specific requirements that are legally enforceable. Construction or new
development that doesn’t comply with a zoning by-law is not allowed, and the
Town will not accept a building permit application that does not conform to the
by-law provisions.
Caledon’s comprehensive Zoning
By-law 87-250 divides the municipality into different land use
zones, with detailed maps. The by-law specifies the permitted uses (e.g.
commercial or residential) and the required standards (e.g. building size and
location) in each zone.
What is
a zoning by-law amendment?
If you want to use or develop your property
in a way that is not allowed by the zoning by-law, you may have to apply for a
zoning change, also known as a zoning by-law amendment or a rezoning. Council
can consider a change only if the new use is allowed by the Town’s Official
Plan.
Before you apply for rezoning, please speak
with the Town’s Planning staff for advice and information. You are required to
complete an application form which contains information prescribed by the
province and other additional information that the municipality requires to
evaluate the amendment. The zoning by-law amendment application fees are
identified in the List of Planning Fees.
The process for dealing with zoning by-law
amendments is the same as for a zoning by-law. If Council refuses your zoning
application, or if it does not make a decision within 90 days of the receipt of
your application containing the prescribed information, you may appeal to the Ontario Municipal Board (OMB). The OMB is
an independent administrative tribunal responsible for hearing appeals and
deciding on a variety of contentious municipal matters.
How is
a zoning by-law amendment passed?
The majority of zoning by-law amendments
are initiated by the property owner through application. When Council decides
that it will consider an amendment to the zoning by-law, it must first give
information to the public. There must also be at least one public meeting
before a by-law is passed and everyone who attends the meeting must have a
chance to speak. Notice of this meeting is given 20 days in advance, through
local newspapers, mail and by site signage.
The Planning Act encourages early up-front
involvement, and the use of mediation techniques may be required to resolve any
conflicts. If you don’t, the OMB could dismiss any appeal you may make, without
holding a hearing. Make sure you make your views known early in the planning
process.
The Town also circulates and consults with interested
agencies for input. After hearing everyone’s concerns, Council may decide to
pass, change or reject the proposed by-law. If Council decides to make some
changes, they may also decide to hold another public meeting.
Once Council has passed the by-law, it must
give notice of the passing of the by-law within 15 days after the by-law is
passed. Any person or public body may, not later that 20 days after the notice
of the passing of the by-law is given, appeal to the OMB by filing a notice of
appeal with the municipal clerk. The appeal should set out the objections to
the by-law and the reasons in support of the objections accompanied by the fee
required by the OMB.
How are
zoning by-laws evaluated?
Planning staff reports are prepared for Council
which evaluates the proposal against criteria such as:
•conformity with the official plan and
compatibility with adjacent uses of land
•suitability of the land for the proposed purpose
(including the size and shape of the lot(s) being created)
•adequacy of vehicular access, water supply,
sewage disposal
•the need to ensure protection from potential
flooding or other environmental impacts
When Council considers a zoning by-law, it
shall have regard to the Provincial Policy Statement issued under the Planning
Act. The Provincial Policy Statement contains clear, overall policy directions
on matters of provincial interest related to land use planning and development.
