When an Owner decides to make changes to his or her property, the City of Toronto requires a Plan Review Process to be followed.
This process involves several stages:
- Zoning Review
- Building Code Review
- Mechanical Plans Examination
- Fire Prevention Examination
The Committee of Adjustment is involved only in the Zoning Review. Other departments are responsible for the other three reviews.
The Zoning Examiner will review the application to ensure that it complies with the zoning regulations and with any other applicable law:
- Conservation Authorities Act
- Planning Act
- Environmental Protection Act
- Ontario Heritage Act
Zoning by-laws
The zoning by-laws set out rules governing land use and the placement of buildings on a lot. There are currently two city by-law documents that may apply to each application: the old by-law 438-86 and the new by-law 569-2013. The new by-law is most relevant to current applications. The new by-law document has 353 pages for Part 1, and 1,055 pages for Part 2 (exceptions that apply to specific areas of the city). The zoning by-laws regulate many aspects of proposed development, including:
- Land and building uses
- Building size or density
- Location of buildings and other structures on a lot
- Minimum lot sizes and dimensions, parking requirements and building height
Zoning by-laws apply to the homeowner’s property, excluding the street allowance governed by the City of Toronto. The street allowance is clearly marked on property surveys.
Changes to the building may include things like an addition, making structural changes, or converting space for a new use (creating an apartment, for example). Zoning by-laws also apply to changes to ‘hard’ landscaping elements (such as fencing, pathways and retaining walls) and ‘soft’ landscaping (altering lawns, gardens and other ground cover). Changes, such as paving over landscaping, can negatively impact the health of trees, the amount of overall green space and the ability of rainwater to absorb into the ground instead of running into already overloaded storm sewer systems.
If the Owner is unable to comply with the provisions of the zoning by-law, he or she may submit an application to the Committee of Adjustment to request an adjustment variance to the by-law. If the requested variance is approved, the Owner may submit a Building Permit application, subject to the terms established by the Committee of Adjustment.
The diagram above, taken from the Committee of Adjustment’s brochure, outlines the review process for minor variances.