After almost one year of public consultation, the revised draft of the City of Toronto's proposed zoning by-law has been released for public review and comment. The next steps in the process are planned to occur in short succession, with a statutory public open house scheduled for May 27, 2010 and statutory public meeting on June 16, 2010, leading to final Council consideration as early as July 2010.

The revised draft zoning by-law can be accessed at:
www.toronto.ca/zoning/
Impacts on land use permissions and land value
As described in our earlier newsletters, any changes to the list of permitted uses, maximum densities, height limits and other performance standards may affect redevelopment opportunities and directly impact the value of your lands.

Some key points that you may want to take into consideration, whether or not you are seeking to develop or redevelop land, are as follows:
  • City Staff have not undertaken a comprehensive review of how the new zoning impacts each parcel of land in Toronto. The onus is on the land owners to stay informed and get involved;
  • Any land owner (or anyone with a property interest, including lessees) who fails to express concerns or issues with the proposed new zoning prior to City Council passing the new zoning by-law will not be able to maintain an appeal of the new zoning by-law and risks not being added as a party to an appeal at the Ontario Municipal Board;
  • Development permissions secured through minor variances may not be captured in the revised draft zoning by-law; and
  • During the time that the new zoning is under appeal to the Ontario Municipal Board, the Chief Building Official is likely to treat the new zoning, as passed by City Council, as "applicable law" when considering the issuance of building permits where the new zoning is more restrictive than the existing zoning.
How Stikeman Elliott can help
Stikeman Elliott's municipal and land use planning team would be pleased to talk to you about the proposed by-law changes and how you can become informed and involved.

Our team can assist you with:
  • understanding existing zoning and development permissions (as set out in an existing zoning by-law, site-specific zoning by-law amendments and/or minor variances) relative to the new zoning by-law permissions proposed by the City;
  • evaluating the extent to which existing development rights and opportunities for buildings, structures and land in Toronto will be impacted;
  • negotiating changes to the new zoning by-law to protect your property interests at all stages of the by-law's public consultation and approval processes; and
  • safeguarding your appeal rights and advocating your property interests at the Ontario Municipal Board or the courts, if necessary.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.