Post on 22-Dec-2015
CHAPTER 5Land Use and Restrictions
The municipal government is the main source of land use control
Why is the main source of land use control the municipal government? ◦ This is because the municipal government is
responsible for making sure that the development of land and property is in accordance with zoning by-laws
Municipal Restrictions/Controls
Zoning by-laws impose restrictions on use of land◦ You can only live in residential zoning◦ You cannot build a commercial building on your
residential land
By-laws set zones for different types of land use and also set out construction standards◦ They determine how land can be used◦ For instance, where you live has been zoned as
residential land to be used for residential purposes
Zoning By-laws
If you are living in a residential area and the municipal government decides to change its zoning to commercial zoning, you do not need to stop living there◦ You can continue living there unless it is
expropriated◦ If you continue to live there, it is referred to Non-
Conforming Use The Committee of Adjustments is responsible for this Non-Conforming Uses do not conform to zoning
requirements but they are permitted ◦ New people who did not have this use before
change in the zoning by-law will not be exempt e.g. basement apartments made after 1995
Zoning By-laws
Earlier, we talked about severance and subdivision
Site plans relate to commercial properties◦ Site plans show what you are trying to do, and are
like a plan of a commercial area◦ Site plan approval is authorized under the Planning
Act A site plan will only be approved if it meets
requirements of Planning Act The municipal government gives approval to site plans
◦ The Site Plan Control Agreement states terms on the development of the property E.g. Your site plan is approved. This agreement will
state that your property must be developed in accordance with the approved site plan and local laws
Site Plans
In order to construct or demolish a building, you will need a building permit
All municipalities have a Chief Building Official and Building Inspectors◦ They are responsible for enforcing the building code and
insuring that all buildings are built in accordance with the building code
Building inspectors are allowed to enter any land that has a building permit to inspect it and make sure that the building permit is being complied with
Constructing/Changing Buildings
You need an occupancy permit to move into a building once construction is complete
Occupancy permits are issued after complete inspection and assurance that Ontario Building Code standards are met
You cannot occupy a building until an occupancy permit is issued/granted
Occupancy Permit
The Ontario Building Code applies to anything under construction, including new buildings, additions, alterations and changes within existing buildings
The Ontario Fire Code applies after construction◦ It regulates fire safety in buildings◦ The National Fire Code of Canada (NFC) has set
standards for fire safety for both new and existing buildings These standards relate to occupants and emergency
responders (firemen)
Building Codes
Class A (Basic) – fire caused by paper, cloth, rubber or wood
Class B (Liquid) – fire caused by grease, gas, petrol, flammable liquids, alcohol, paint, etc.
Class C (Electric) – fire caused by electrical equipment such as fridge, stove and furnaces
Class D (Dangerous) – fire caused by minerals including titanium, sodium, magnesium etc.
Fire Classifications
This Act gave more powers and flexibility to municipal governments to govern and organize local affairs, including those related to planning
It established up 10 spheres of influence which, subject to certain limitations, municipal governments have control over:1. Waste management2. Public utilities3. Highways (public roads)
The Municipal Act (2001)
4. Transportation systems5. Drainage and flood control (excluding storm
sewers)6. Structures (including signs and fences)7. Animals8. Culture, Parks, Recreation & Heritage9. Parking10.Economic Development Services
The Municipal Act (2001)
There are two types of flood plains1. 1-Zone – very high water level
They can only be used for parks, marinas, agriculture… No possible construction because no drainage The entire area is a flood way
Flood Plains
1. 2-Zone – has two parts1. Fringe – it means drainage, allows for conditional
construction2. Way – it means water way , which means there is a
path for water to be drained Restricted construction in 2-zone flood plain City will permit conditional and limited construction
here For example, it may only allow construction of one-
story houses
Flood Plains
What parts is a 2-zone flood plain made of?◦ Flood Fringe and Flood Way
Which part of a 2-zone flood plain allows for conditional construction?◦ Flood Fringe
RECAP
A wetland is a piece of land that is either covered with water permanently or seasonally◦ Water in wetlands is 2 meters deep
Wetlands are not owned, and are self-maintained naturally
They are typically used for research purposes◦ University students often go on botanical tours◦ New construction on provincial wetlands is not
allowed unless for purposes of research related to environmental impact
Wetlands
There are two types of flood proofing1. Active flood proofing – with notice of danger
This is done after a flood warning has been issued Entails actions such as closing and sealing watertight
doors and placing sand banks along structure border2. Passive flood proofing – without notice of danger
This is done before any flood threat is apparent and is a precautionary measure
Entails actions such as placing stone gabions at shorelines, making elevated improvements on the property and building floodwalls
Flood Proofing
The Environmental Protection Act (EPA) is the main law dealing with property and the environment
It deals with the ownership and use of Real Property situated in Ontario province
Environmental Protection Act
The Greenbelt starts from the Niagara Escarpment and goes up to the Oak Ridge’s Moraine, which is located just east of Peterborough
The Greenbelt Act (2005) established a greenbelt that protects around 1.8 million acres of agricultural and environmentally-sensitive land in the golden horseshoe
The Ministry of Natural Resources is tasked with making decisions related to the Greenbelt
Greenbelt
The Greenbelt starts from the Niagara escarpment and goes on till Oak Ridge’s Moraine (east of Peterborough)
The Ministry of Natural Resources (MNR) decides land use restrictions related to nature (including wetlands, shore lines and flood plains)
RECAP
GOVERNING BODY ROLE/RESPONSIBILITY/JURISDICTION
Local Municipality Zoning by-laws highlight property uses near water
Conservation Authority[www.conservation-ontario.on.ca]
Regulations which control construction in relation to watersheds and flood plains; contained in the Conservation Authority Act
Ministry of the Environment[www.ene.gov.on.ca
Property owners who use pesticides that may affect ground water and surface water must comply with Regulation 914 of the Pesticides Act
Prohibitions relating to the discharge of pollutants on the surface water or groundwater . Individuals who take large quantities of water must get a permit as per Ontario Water Resources Act
Contaminants are not allowed to flow into watercourses (Environmental Protection Act)
Water Control Authorities
GOVERNING BODY ROLE/RESPONSIBILITY/JURISDICTION
Ministry of Natural Resources[www.mnr.gov.on.ca]
Protection of fish habitats by controlling the discharge of pollutants into watercourses, and by prohibiting stream alterations that may affect fish wildlife. This duty is performed in accordance with Fisheries Act and on behalf of Department of Fisheries and Oceans, Government of Canada
Permits that are required for work on shorelands which are next to navigable waterways. The bed of these waterways, below the high water mark, is public land as per the Public Lands Act
Approvals that are needed for holding back, diverting or otherwise affecting water levels and flow for other users. These are governed by the Lakes and Rivers Improvement Act
Water Control Authorities
Water Control AuthoritiesGOVERNING BODY ROLE/RESPONSIBILITY/JURISDICTION
Ministry of Municipal Affairs and Housing[www.mah.gov.on.ca]
Wetland policy statements are prepared in accordance with Planning Act, and protection of wetlands in accordance with the Ministry of Natural Resources
Minimum requirements for set-back of structures are enforced at the municipal level as per the Planning Act
Ministry of Government Services[mgs.gov.on.ca]
Sets requirements for aboveground and underground fuel tanks to reduce threat of water pollution
Ministry of Agriculture, Food and Rural Affairs[www.omafra.gov.on.ca]
Prohibits discharge of contaminants in drainage systems, controls surface drainage and provides financing for constructing and maintaining drains
Ministry of Health[www.health.gov.on.ca]
Controls health hazards created by landowners that impact the quality of water as per the Health Protection and Promotion Act