As Land Development Experts, we specialize in navigating the process of changing a municipality's zoning bylaws to help land owners change zoning regulations to allow for specific land uses or development projects that may not currently be permitted.
Our Land Development Experts have in-depth knowledge of local zoning bylaws, official plans, and related planning legislation, and we devise strategies to achieve zoning changes that align with the land owner's development goals, considering potential challenges and opportunities.
We facilitate pre-application consultations with municipal planning staff to identify key issues and requirements and prepare comprehensive zoning amendment applications, including supporting documentation like site plans, reports, and analysis.
As Land Development Experts, we communicate with municipal staff, community groups, and other relevant parties to address concerns and build support for the zoning amendment, and represent clients at public meetings and hearings related to the zoning amendment application.
If necessary, we appeal zoning decisions to the relevant land tribunal.
Our experienced and competent Land Development Experts provide valuable expertise.
Typical Zoning Amendment Scenarios:
Minor Variance vs. Zoning Amendment:
A minor variance addresses minor variances from existing zoning bylaws, while a zoning amendment involves changing the zoning themselves.
Zoning amendments often involve public consultation and hearings, so it's crucial to understand the process and engage with the community.
Zoning amendment processes can take time and involve various fees, so it's important to factor these into the overall project timeline and budget
Minor technical adjustments to the Zoning Bylaw provisions may be accommodated by a Minor Variance Application to the Committee of Adjustment.
Significant changes to land uses or zoning regulations require a Zoning Bylaw (ZBL) Amendment, and possibly an Official Plan Amendment (OPA).
If you want to use or develop your property in a way that is not allowed by a zoning bylaw, we will apply for a zoning change, also known as a Rezoning or a Zoning Bylaw Amendment (ZBA). The approval of changing any zoning rests with the municipal Council.
Rezoning approval in Ontario is a multi-stage process where a municipal Council decides on changing a property's permitted zoning by-law. If deemed necessary, we will apply to amend the Zoning By-law and the Official Plan at the same time. When we submit Zoning Bylaw Amendment ZBA application and Official Plan Amendment OPA at the same time for the same property they will be reviewed together.
Our in-house land development experts consider everything from site-specific constraints to client requirements to offer comprehensive pre-development opinions.
We obtain rezoning approval from the municipality to change
We have helped our clients to change their zoning in the following municipalities:
City of Brantford, City of Chatham-Kent, Haldimand County, City of Hamilton, City of Kawartha Lakes, City of Toronto
REGIONAL MUNICIPLITIES
Durham
City of Oshawa, City of Pickering, Municipality of Clarington, Town of Ajax, Town of Whitby, Township of Brock, Township of Scugog, Township of Uxbridge
Halton
City of Burlington, Town of Halton Hills, Town of Milton, Town of Oakville
Niagara
City of Niagara Falls, City of Port Colborne, City of St. Catharines, City of Thorold, City of Welland, Town of Fort Erie, Town of Grimsby, Town of Lincoln, Town of Niagara-on-the-Lake, Town of Pelham, Township of Wainfleet, Township of West Lincoln
Peel
City of Brampton, City of Mississauga, Town of Caledon
Waterloo
City of Cambridge, City of Kitchener, City of Waterloo, Township of North Dumfries, Township of Wellesley, Township of Wilmot, Township of Woolwich
York
City of Vaughan, Town of Aurora, Town of East Gwillimbury, Town of Georgina, City of Markham, Town of Newmarket, City of Richmond Hill, Town of Whitchurch-Stouffville, Township of King
COUNTIES
Dufferin
Town of Grand Valley, Town of Mono, Town of Orangeville, Town of Shelburne, Township of Amaranth, Township of East Garafraxa, Township of Melancthon, Township of Mulmur
Elgin
City of St Thomas, Municipality of Bayham, Municipality of Central Elgin, Municipality of Dutton/Dunwich, Municipality of West Elgin, Town of Aylmer, Township of Malahide, Township of Southwold
Hastings
City of Belleville, City of Quinte West, Municipality of Centre Hastings, Municipality of Hastings Highlands, Municipality of Marmora and Lake, Municipality of Tweed, Town of Bancroft, Town of Deseronto, Township of Carlow/Mayo, Township of Faraday, Township of Limerick, Township of Madoc, Township of Stirling-Rawdon, Township of Tudor & Cashel, Township of Tyendinaga, Township of Wollaston
Northumberland
Municipality of Brighton, Town of Cobourg, Municipality of Port Hope, Municipality of Trent Hills, Township of Alnwick/Haldimand, Township of Cramahe, Township of Hamilton
Oxford
City of Woodstock, Town of Ingersoll, Town of Tillsonburg, Township of Blandford Blenheim, Township of East Zorra-Tavistock, Township of Norwich, Township of South-West Oxford, Township of Zorra
Peterborough
City of Peterborough, Township of Asphodel-Norwood, Township of Cavan Monaghan, Township of Douro-Dummer, Township of Havelock-Belmont-Methuen, Township of North Kawartha, Township of Otonabee-South Monaghan, Township of Selwyn, Municipality of Trent Lakes
Simcoe
City of Barrie, City of Orillia, Town of Bradford West Gwillimbury, Town of Collingwood, Town of Innisfil, Town of Midland, Town of New Tecumseth, Town of Penetanguishene, Town of Wasaga Beach, Township of Adjala-Tosorontio, Township of Clearview, Township of Essa, Township of Oro-Medonte, Township of Ramara, Township of Severn, Township of Springwater, Township of Tay, Township of Tiny
Wellington
City of Guelph, Town of Erin, Town of Minto, Township of Centre Wellington, Township of Guelph-Eramosa, Township of Mapleton, Township of Puslinch, Township of Wellington North
The rezoning application to change the zoning bylaw involves submitting a complete rezoning application with a fee, attending a public meeting, and the municipal planning staff's review and recommendation to the Council, which makes the final decision. If a rezoning application is denied by the municipality, we appeal to the relevant Land Tribunal.
Before submitting a rezoning application to change the zoning bylaw, we consult with municipal planning staff as per the Municipality’s pre-consultation procedure. The pre-consultation meeting with the municipal planning staff helps to open lines of communication and ensure:
The objective of the pre-consultation meeting is to determine the supporting documents and studies required to evaluate the rezoning application to amend the zoning bylaw, to verify information on the rezoning application to amend the zoning bylaw, and to clarify the procedures to follow.
If only minor zoning changes are proposed that results in minimal variations to the current Zoning Bylaw requirements, we must apply for a minor variance to the Committee of Adjustment. This is determined through the pre-consultation with the municipal planning staff.
MAJOR REZONING - MAJOR ZONING AMENDMENT
A major rezoning application is a zoning bylaw amendment that is more significant inscale and scope than a minor zoning amendment, and which may have greater impact beyond the subject lands. Major rezoning - zoning bylaw amendment applications include:
- Zoning bylaw amendment applications relating to more than one property;
- A site specific zoning bylaw amendment application, if considered to represent large scale redevelopment;
- Any change in use and/or zone category;
- An zoning bylaw amendment application involving significant changes to the development standards or general provisions of the zoning bylaw.
A “Major” Zoning Bylaw amendment is a Zoning Bylaw amendment that (one or more may apply):
i) Requires a major amendment to the Municipality’s Official Plan and/or an amendment
ii) Requires extensive studies and/or consultation and collaboration with external agencies;
iii) Constitutes a change of use to permit new Commercial, Industrial, Extractive or Institutional uses;
iv) Constitutes a substantial increase in density (ex: accompanying an application for Plan of Condominium or Subdivision, conversion to medium or high-density residential use from low density residential use.).
v) Constitutes a substantial increase in the development envelope or density for existing Commercial, Industrial, Extractive or Institutional uses.
MINOR REZONING - MINOR ZONING AMENDMENT
A minor rezoning application is a zoning bylaw amendment application for minor and small scale zoning amendment having no significant impact on adjoining lands. Minor zoning bylaw amendment applications must be site specific and include:
- Request for additional permitted use, within an existing building with
no significant impact on existing development standards;
- Changes in development standards to accommodate a residential severance to create one single family lot within an existing subdivision.
- Zoning amendment application for Temporary Use
A “Minor” Zoning Bylaw amendment is a Zoning Bylaw amendment that:
i) Applies to a single parcel or land for low density residential use, including the construction of an additional dwelling unit;
ii) Permits additional ancillary or accessory uses or structures that are compatible with the existing Zone designation and Official Plan policies;
iii) Permits minor increases in floor area, height, parking areas, etc., for existing Commercial, Industrial or Institutional uses;
iv) Clarifies existing zone boundaries through a professional evaluation (ex: a qualified professional providing revised environmental protection boundaries, hazard land boundaries, etc.).
The municipal planning staff will hold a Public Meeting, which provides the opportunity for anyone who wants to speak in support of, or in opposition to, the rezoning application to amend the zoning bylaw to voice an opinion. The municipality, usually through a sign posted on the property and by mail, must give notice at least 20 days in advance of a public meeting to all property owners within 120 m of the subject property. Any person or public body may submit his or her opinions/concerns to the Council.
Following the Public Meeting, the municipal planning staff will further review the rezoning application to amend the zoning bylaw and consider comments expressed at the Public Meeting. We may also be asked to provide additional information or to provide revised drawings to reflect comments from the municipal planning staff.
When all comments have been received and all concerns resolved, the municipal planning staff will prepare a report and make a recommendation to the Council regarding the rezoning application to amend the zoning bylaw.
The municipal staff's recommendations will be ratified by a Council meeting and are subject to a twenty-day appeal period.
If no appeal is filed, the decision is final and binding, and the new amending zoning bylaw is then in effect.
The rezoning application to amend the zoning bylaw takes approximately six months. The timeframe may vary depending on the complexity of the rezoning application to amend the zoning bylaw. The timeframe is also affected by the Council’s schedule and the number of rezoning applications to amend the zoning bylaw being processed by the municipality at any given time.
The Council will consider whether the rezoning application to amend the zoning bylaw follows the Planning Act
is consistent with the Province of Ontario's Policy Statement
When Council considers a rezoning application to amend the zoning bylaw, it has 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.
The Province of Ontario's Planning Act sets out a timeline of 90 days for the Council to make decisions on a rezoning application to amend the zoning bylaw.
If the Municipal Council fails to decide within 90 days of the receipt of the rezoning application to amend the zoning bylaw containing the prescribed information, or if a rezoning application to amend the zoning bylaw is denied or conditionally approved, we appeal the decision of Council to the Ontario Land Tribunal (OLT) which is an independent administrative tribunal responsible for hearing land use planning appeals.
Despite receiving approval, a rezoning application to amend the zoning bylaw may be subject to other approvals or permits. After completion of a rezoning, we may have to obtain site plan approval or, if lots are to be created, a draft plan of subdivision must be submitted. Often, these approvals can be done concurrently. The required other approvals will be discussed during the pre-consultation meeting.
Our experienced land development experts help our clients with every aspect of the rezoning application to amend the zoning bylaw and navigate the complexities of land development and municipal approvals quickly and cost-effectively.
Our land development experts are knowledgeable in all facets of the rezoning applications to amend the zoning bylaws and approvals and have unparalleled experience and expertise to coordinate and work with all stakeholders, including municipalities and Conservation Authorities, to ensure a very smooth and successful outcome.
Rezoning applications to amend the zoning by-laws are common in Ontario.
For Additional Information, please contact the following
Key Players of Our Land Development Team:
Miaoyi Xue, P.Eng,
Joo Min Park, MEng, P.Eng.
Saloni Khoja, B.Arch.
Wei Ming Lin, P.Eng
Rui Cong Xia, P.Eng
Liu Sun, B.Des (Arch)
Pamela M Jerezano, B.Arch
LAND DEVELOPMENT EXPERTS
Land Line: 905 940 9937
After Hours / Text Messages: 647 877 8262
Email: landbuildex@gmail.com
We prepare all the required drawings, plans, and reports in support of
We apply for zoning change, also known as a rezoning or a zoning by-law amendment in any municipality in Ontario including
Toronto (City of Toronto), Hamilton (City of Hamilton), Oshawa (City of Oshawa), Pickering (City of Pickering), Clarington (Municipality of Clarington), Ajax (Town of Ajax), Whitby (Town of Whitby), Brock (Township of Brock), Scugog (Township of Scugog), Uxbridge (Township of Uxbridge), Burlington (City of Burlington), Halton Hills (Town of Halton Hills), Milton (Town of Milton), Oakville (Town of Oakville), Brampton (City of Brampton), Mississauga (City of Mississauga), Caledon (Town of Caledon), Vaughan (City of Vaughan), Aurora (Town of Aurora), East Gwillimbury (Town of East Gwillimbury), Georgina (Town of Georgina), Markham (City of Markham), Newmarket (Town of Newmarket), Richmond Hill (City of Richmond Hill), Whitchurch - Stouffville (Town of Whitchurch-Stouffville), King (Township of King), Bradford-West Gwillimbury (Town of Bradford-West Gwillimbury), Brighton (Municipality of Brighton), Quinte West (City of Quinte West), Kawartha Lakes (City of Kawartha Lakes), North Kawartha (Town of North Kawartha), Minden Hills (Town of Minden Hills), Selwyn (Town of Selwyn), Peterborough (City of Peterborough), St.Catharines (City of St. Catharines), Wainfleet (Town of Wainfleet), Niagara on the Lake (Town of Niagara on the Lake), Brant (County of Brant), Guelph (City of Guelph), Centre-Wellington (Township of Centre Wellington), Shelburne (Town of Shelburne), Orangeville (Town of Orangeville), New Tesumseth (Town of New Tecumseth), Essa (Town of Essa), Collingwood (Town of Collingwood), Wasaga Beach (Town of Wasaga Beach), Barrie (City of Barrie), Midland (Town of Midland), Orillia (City of Orillia), Ramara (Town of Ramara), Woolwich (Town of Woolwich), Woodstock (City of Woodstock), Waterloo (City of Waterloo), Kitchener (City of Kitchener), and Cambridge (City of Cambridge).
REMOVE HOLDING "H" ZONING
Where the symbol “H” appears as a prefix to any Zone symbol, the lands have been placed in a ‘Holding Zone’ pursuant to Section 36 of the Planning Act.
A Zoning By-law Amendment is also required to remove the Holding Symbol "(H)" from the Zoning By-law on affected lands.
The (H) Holding zoning is typically applied to vacant, undeveloped, or underdeveloped lands. While the "H" is in place, the following uses shall be permitted:
Where a zone designation contains the “H” holding symbol, the lands identified shall not be developed or redeveloped until the municipality enacts an amending Zoning Bylaw removing the “H” holding symbol.
Typical requirements for removal of “H” holding zoning:
Sometimes, lands are rezoned at the time of subdivision approval, but cannot proceed until water and sewer services are extended, roads are constructed, and other financial arrangements are made with the Municipality. While the underlying zoning is “approved,” the (H) Holding Symbol will be used to ensure that the permitted future uses are not developed prematurely or without all arrangements being finalized with the Municipality.
Municipalities typically require that the following matters be addressed
satisfactorily before lifting an (H) Holding zone:
When the amending By-law removing the “H” Hold on the zoning from a zone designation is enacted, the permitted uses and regulations of that zone shall apply, except where amended by exception.
Should all conditions be satisfied, we can make an application for rezoning to lift or remove the (H) Holding zone.
Municipal planning staff review the application, and if all requirements of the Official Plan and any site-specific conditions are satisfied, a report and draft zoning bylaw are presented to the Council. Council then may remove the (H) Holding zone by passing a Zoning Bylaw amendment to lift the “Hold” on the zoning.
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