Chapter 5: Land Use Restrictions

Municipal Controls/Restrictions - zoning by-laws are enacted by municipalities setting out permitted uses, building structure standards. Zones are broken into classifications and sub-classifications. Owners may seek minor variances when property does not meet req. Owner may also fall under non-conforming use (structure that lawfully existed before current zoning by-law) status. Communities may have site-specific exemptions (properties that exempt under zoning by-law).

Zoning By-Law - is a doc to regulate the use of land. It may restrict or prohibit the use of land, buildings, utilization of land or regulate the type of construction.

Planning Act Provisions - details provisions that must be addressed by local municipalities in passing and enforcing zoning by-laws. The by-law normally divides the municipality into land use zones and specifies the permitted uses along with req. standards. 

Zoning Classifications - residential, commercial, industrial, institutional, open space and agricultural. Each class further subdivided into sub-classes.

Zoning Amendments - property owners may want to use property in a manner not permitted in the zoning by-law and must make an application to amend zoning by-law.

Site Plan Control - this method of control is imposed during the planning and development process. Recreational properties and cottages on or near water are often subject to site plan control. Individuals making an application should contact the local planning department (site plan, landscape, grading, drawing etc.).

Review/Approval Process - the site plan approval process allows the municipality to review the overall design of planned structures and assess developmental impact on surrounding uses. On completion the final drawings are stamped and recommended for approval. Once site plan is obtained, the applicant is resp. for development.

Site Plan Control Agreement - setts out terms for property development.

 

Building and Fire Codes

Building Codes - building code req. and minimum construction standards. National Building Code of Canada (NBC).

ON Building Code - Building Code Act, that follows National Building Code of Canada. Sets out min standards for building design, safety, fire protection and structural sufficiency. Reviewed every 5 yrs. Amendments reflect changes in tech. and emerging public safety issues.

Inspector - is permitted to enter onto the lands subject to a building permit at any reasonable time without a warrant.

Occupancy Permit - is issued for the structure once all inspections are completed and ON Building Code req. are met.

Fire Code - The National Fire Code of Canada (NFC) establishes levels of fire safety for both new and existing buildings. Each province has a fire code.

ON Fire Code - the Fire Protection and Prevention Act sets out resp. for fire protection services, the duties and powers of the fire marshal and those appointed by the marshal, rights of entry, inspections, recovery costs, labour issues.

Building Code vs. Fire Code - fire safety req. are regulated under one of 2 provincial regulations, the ON Building Code (applies to construction of new buildings) or the ON Fire Code (regulates fire safety in existing structures).

Fire Classifications: 

• A - materials which burn easily
• B - involve grease or flammable liquids that burn rapidly
• C - start in energized electrical equip.
• D - start in combustible metals

Watercourse Controls/Restrictions - 2 key areas involving flood plains and wetlands are highlighted.

Flood Plains - municipalities include either one zone flood plain (entire are is a floodway) or a two zone flood plain within official plans and the ability to construct buildings are impacted by flood proofing (methods that minimize flooding) and related activities.

Conservation Authority - established under the Conservation Authorities Act. The most visible activity - regulation of flood plains, to reduce risk to life and property from flooding and erosion. Must give approval for construction within regulated areas.

Flood Proofing - can be either active (action taken at the time of warning)  or passive (construction activity) and as wet (anticipates that water can infiltrate the area) or dry (keep the property dry, usually passive) protection.

 

Environmental Control - both federal and provincial ministries are involved. Canadian Environmental Protection Act.

Environment Protection Act (EPA) - The Ministry of Environment (MOE) is the major force. Investigate matters concerning pollution, waste etc. Search and seizure provisions.

The Green Belt - area protecting about 1.8 million acres of environmentally sensitive and agricultural land in the Golden Horseshoe.

Niagara  Escarpment - is an environmentally significant area stretching from Niagara Falls northward to the Bruce Peninsula. Any development req. a permit issued by the Commission.

Oak Ridges Morain