LAND USE & DEVELOPMENT IN HIGHLAND CREEK

Highland Creek, an area with many  large lots, older homes, and deteriorated commercial properties  is experiencing  intensified
redevelopment.   Provincial policies encourage higher densities as a desirable means of curbing urban sprawl. The challenge we face is how to maintain the basic character of our community and ensure that intensification is complementary instead of conflicting.
 
Development proposals are invariably filed with applications to amend the Official Plan and the Zoning.  Some  of us do not fully understand the implications of the Official Plan and how that may or may not protect us  from worst offenders.  We need to become more knowledgeable about the process and understand what is meant by the terminology  used in   development matters  and how we can best address them.
 
Following is mean to provide a brief definition, (i. e. what do they mean by?)  of key factors affecting land uses and development in our
community. Note that after the amalgamation which created the new City of Toronto on Jan.1, 1998, a  new official plan was developed after much consultation and  approved by council in 2002. It was appealed to the OMB by various groups seeking specific amendments. Until those are all resolved we are still subject to the old 1994 Official Plan (and amendments thereto). Very confusing to say the least. Clancy Delbarre
 
 LAND USE PLANNING
 
 Laws, Acts, Statutes: The Province, under the Constitution, has the right to pass certain laws prescribing areas of activity and
sanctions (penalties) for the public good. These laws passed by the Provincial legislature are called Acts and there are over 500 of them known collectively as Statutes, ranging from the Absconding DebtorsAct to the Workers Safety and Insurance Act. These Acts are amended, and new ones passed,  from time to time asthe need arises.  Every decade an updated version comprising all amendments is prepared and released as Revised Statutes of Ontario(R.S.O..)
 
Regulations:  are rules and procedures, passed by the legislature,  for carrying  out the purpose of the Acts They also are  amended or added to from time to time and compiled and  published  as Revised Regulations of Ontario (R.R.O..) the last major compilation also dated 1990.
 
Acts pertaining to Land Planning:
 
There are three main acts (laws) which have a direct bearing on the community;
     1) Planning Act
    2) Municipal Act
    3) Ontario Municipal Board  Act
 
1) The Planning Act empowers and directs the Municipality to establish an Official Plan,  a document setting out general land use policyguidelines for the Municipality having regard to Provincial Policy Guidelines.  These plans must be approved by the next upper tier of government, in our case    the Province.  The OP includes; 1) general policies re employment, housing, parks  2) land use designations setting out  areas and permitted uses 3) secondary plans pertaining  to specific districts.
 Secondary Plans refer to specific districts, areas,  within the Municipality  and set out more detailed land uses and may include  sitespecific restrictions usually titled exceptions or numbered policies (described later herein)  and may be amended without amending specific zoning by-laws but these by-laws  are then amended to conform on a site
specific basis as required.
 Tertiary Plans (concept plans)  are outline  maps    indicating preferred  road patterns and lot configurations having regard toprovisions of  the Secondary Plan. A Tertiary plan  is a simple graphic illustration of how you  might expect infill development to take effect. It does not mean that the final plan of subdivision will be exactly as set out in the Tertiary Plan map.  And of course you  still must read the Secondary Plan for specific details.
 
  Zoning By-laws:   Under the Planning Act the Municipality is authorized to pass Zoning by-laws setting out detailed  land uses and set out restrictions on land use such as site coverage, density and setbacks.   Must conform to the OP and are area or site specific. (bylaw; literally village laws  derived from Old Norse “bylog” from byr - village,  and log - law)
 A zoning bylaw is not retroactive.  Section 34 (9) (a) of the Planning Act states  “no bylaw passed  under this section applies  (a) to prevent the use of any land, building or structure for any purpose prohibited by the by-law if such land, building or structure was lawfully used for such purpose on the day of the passing of the by-law, so long as it continues to be used for that purpose.”  A use falling under this “grandfather”  provision is known as a “prior” or “legal
non-conforming use”    A   non-conforming use remains in effect even if there is a change in  ownership.
 Minor exceptions to a zoning bylaw known as Variances may be authorized by a committee of the Municipality known as the  Committee of Adjustment, when the requested variance is of a minor nature and maintains the general intent and purpose of the Official Plan and the Zoning bylaw.
 
2) The Municipal Act sets out powers for the Municipality to carry on business, e.g.. pass bylaws, establish health services, speed limits, licensing, taxing, fences, etc.
General Bylaws are distinct  from Zoning Bylaws which come under the Planning Act. These general bylaws  are subordinate laws passed by the Municipality to more clearly define procedures under the Act and for purposes of  administration  and control of various activities
 
3) The Ontario Municipal Board Act establishes a body  (generally called a tribunal)  with all the powers of a court and has jurisdiction and power  to approve the exercise in whole or in part of  any action of the Municipality.   Appeals from  any Municipal action may be made to the O.M.B. whose decision is final and may be enforced in the Ontario Court (General Division).
 The OMB may, if it deems the request has merit,  review and revise any decision made by it. Appeals to an appeal court are generally only made on a point of law, i. e. where the Board blatantly ignored the law or evidence in making a decision.
The Province may also be asked to intervene if the decision is clearly in contravention of Provincial interest, but that very rarely occurs.
 
The Official Plan versus Zoning By-laws; as pointed out earlier the Official Plan is a guideline; the implementation of that guideline is established by zoning by-laws.  Amendments are made from time to time to the Official Plan as well as to Zoning by-laws and it is practically impossible for the average person to understand what is possible or required for development to proceed. You have to look at both  the Official Plan and Zoning Bylaws and all amendments made from the original date of issue of the most recent consolidation and even prior. From time to time the Municipality releases a consolidated version of the Official Plan which encompasses all amendments made to that date.  Official Plans are subject to overall review every 5 years.
 
Site Plan Control applies  to the physical aspects of development: such items as  setbacks, landscaping, driveways, etc. Site plan controls are generally meant  to protect property owners from adverse effects of of neighbouring development.
They are applicable to all proposed development except single family housing, but plans and elevations of each single family building  may be  required. The next area of confusion arises from terminology used in land use planning.  If you examine a Secondary plan map (schedule) you will see single letters such as “S” “HC”  “I” etc. often followed by a number or series of numbers , e.g.. S (20) (21).  The letter is an abbreviation for the type of use  “S” = Single family housing  The numeral identifies an exception, called a numbered policy, to the general descriptive use and spells out in  more detail what modifications applyto   the use for that site  e.g.. the Official Plan will state that Low Density  Residential   allows single detached, semi detached and street townhouses.     The numbered policy may state that for a specific location (site) only single detached may be allowed, and not semidetached or townhouses. In other words it’s an exception to the rule. Similarly minimum lot sizes may be spelled out varying from neighbourhood to neighbourhood.
 
There are a number of other policies affect land  uses, e.g.. Environmental Impact Zones are identified areas in the municipality to which a Ravine Protection Bylaw  applies. This zone extends 10 m (33
feet) from top of the bank of the ravine or watercourse   No structure or building is allowed in that area unless acceptable  studies prove that the natural environment can be adequately protected. Provincial Policy Statements e,g. intensification, also impact on municipal decisions.
 
The above was compiled from a variety of sources by the writer and is intended only to provide a general explanation  of terminology encountered when dealing with land use planning.  More specific information may  be obtained from lawyers, architects, city staff and other qualified persons.
There is an extensive glossary of other terms used in Zoning by-laws such as describing types of buildings,   uses etc.  which the City is undertaking to amend so that they apply across   the City.   The former individual Cities, Scarborough, North York, etc. quite often used different terms to describe identical  items.
 

Clancy Delbarre, July 2005

 

HOME