Transcript Chapter 5- Land Use and Restrictions

Land 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

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

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 NonConforming 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


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


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



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


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)

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.


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 management
2. Public utilities
3. Highways (public roads)
4. Transportation systems
5. Drainage and flood control (excluding storm
sewers)
6. Structures (including signs and fences)
7. Animals
8. Culture, Parks, Recreation & Heritage
9. Parking
10.Economic Development Services

There are two types of flood plains
1. 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
1. 2-Zone – has two parts
1. Fringe – it means drainage, allows for conditional
construction
2. 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 onestory houses

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

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 selfmaintained 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

There are two types of flood proofing
1. 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 border
2. 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


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



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 environmentallysensitive land in the golden horseshoe
The Ministry of Natural Resources is tasked
with making decisions related to the
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)
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)
GOVERNING BODY
Ministry of Natural Resources
[www.mnr.gov.on.ca]
ROLE/RESPONSIBILITY/JURISDICTION
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
GOVERNING 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