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Almost eight months after Toronto City Council enacted the New
City of Toronto comprehensive zoning by-law, No. 1156-2010 (the
"New By-law"), City Council has directed that a public
meeting be held to consider whether to repeal the New By-law and
send it back to Planning Staff for widespread overhaul.
At their April 12 - 13, 2011 meeting, City Council deferred
consideration of a repeal of the New By-law to a special meeting of
the Planning and Growth Management Committee (PGMC) which is
scheduled for May 10, 2011. The notice regarding the special public
meeting of the PGMC can be found on the
City of Toronto website.
Notice of the public meeting has been given to each appellant of
the New By-law. After the public meeting, it is anticipated that
the PGMC will make a recommendation to Council for a decision on
whether to repeal the New By-law. City Council's consideration
of the PGMC's recommendation may occur as early as the May 17 -
18, 2011 Council meeting.
Why Repeal the New By-law?
The recommendation to consider repealing the New By-law occurs
in the midst of 694 unresolved appeals to the Ontario Municipal
Board (OMB) regarding the New By-law. It is anticipated that
revisions will attempt to address some of the issues raised by the
694 appeals with the hope that the future passage of a revised
comprehensive zoning by-law will trigger significantly fewer
appeals to the OMB.
Prior to the April 12-13, 2011 City Council Meeting, Planning
and Building staff had been treating the New By-law as applicable
law alongside the by-laws of the former municipalities when
commenting on or issuing planning or building permit approvals,
sometimes resulting in an increase of minor variances, delays of
building permit issuance, overall uncertainty and increased costs
for developers. Repeal will likely have the benefit of allowing
building permits to be issued in a more timely fashion.
We anticipate that Council will set a date in 2012 for the
revised New By-law to return to PGMC for consideration as part of a
new public consultation process.
New By-law Amendments
Council also enacted amendments to the New By-law at the April
12 - 13, 2011 Council meeting. Approved changes to the New By-law
include correcting typographical errors and the exclusion of
additional lands from the application of the New By-law.
All land owners and developers should review the amendments to
the New By-law to determine if such amendments impact land
interests or development applications. Appeals of the amending
by-laws must be filed with the City Clerk no later than May 18,
2011.
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