The New Zoning By-law has been repealed!

Referring to the new City of Toronto comprehensive zoning by-law, No. 1156-2010 (the "New By-law"), Ward 21 Councillor Peter Milczyn said, "nobody preparing a 7,000 page document is going to get it right the first time". At their May 17 - 18, 2011 meeting, City Council agreed and repealed the New By-law and all subsequent amendments and sent the New By-law back to Planning Staff for further stakeholder consultation and potential widespread overhaul.

Reasons for repeal of the New By-law

The impetus to repeal the New By-law was instigated by concerns respecting the 694 unresolved appeals of the New By-law to the Ontario Municipal Board (OMB) and the lack of transition provisions in the New By-law that have caused difficulty for landowners and developers trying to obtain building permits in a landscape of changing zoning regulations.

Council's decision

At the City Council meeting on May 17-18, 2011, Council adopted the following recommendations substantially as endorsed by the Planning and Growth Management Committee last week:

  1. City Council repeal By-law 1156-2010 and all subsequent amendments to the By-law.
  2. City Council direct the Chief Planner and Executive Director, City Planning, to conduct consultations with the public, and appellants to By-law 1156-2010 and report to the Planning and Growth Management Committee at its meeting on October 6, 2011.
  3. City Council direct the Planning and Growth Management Committee to schedule a Public Meeting at its meeting on November 8, 2011, for the purpose of considering whether to re-enact By-law 1156-2010 with any proposed revisions resulting from the consultation with appellants and councillors so that the new by-law can then be considered for enactment by City Council on February 6, 2012.
  4. City Council direct that the scope of the revised harmonized zoning by-law not be greater than what was contained in By-law 1156-2010 but can be reduced.
  5. City Council direct the Chief Planner and Executive Director, City Planning, and the City Solicitor to report to the Planning and Growth Management Committee at its meeting on November 8, 2011, on transition provisions that may exempt rezoning and minor variance applications for inclusion in the zoning by-law to be presented to City Council on February 6, 2012.

What does repeal of the New By-law mean?

City Planning Staff have been directed to consult with appellants in an attempt to ensure their concerns are addressed in the revised harmonized zoning by-law to be brought forward. Such consultation is to be complete by October 6, 2011.

With the repeal of the New By-law, there is a window of opportunity to obtain development approvals and permits in accordance with the zoning by-laws of the former municipalities of the amalgamated City of Toronto.

Persons with interest in lands in Toronto should stay informed and engaged in the revised harmonized zoning by-law consultation process, in order to protect your development permissions and right of appeal to the Ontario Municipal Board.

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