Zoning laws restrict landowners or property owners in how they can use or develop their land or building. For example, most municipalities prohibit building residential homes near industrial parks or power plants. Many cities also have zoning bylaws that limit the density and height of proposed residential developments. Additionally, an individual who owns a building in a residential neighborhood may be prevented from using the property for commercial purposes, such as operating a clinic, office, or store. Anyone seeking to substantially renovate a building should understand the lot’s zoning restrictions before starting construction to avoid future penalties and fines. With the assistance of experienced legal counsel, an applicant can move to amend a zoning bylaw, potentially allowing them to modify the land for their desired use.
What are Zoning Laws?
Zoning laws, typically enacted by municipal governments, regulate the development, use, and management of land and buildings. These regulations help ensure that a community remains livable, healthy, and safe. By safeguarding property investments, preserving neighborhood character, and managing potential land use conflicts, zoning laws protect property owners from undesirable developments and provide legal certainty for a community’s future. Click here to view the City of Toronto’s interactive zoning map.
Zoning Considerations when Purchasing a Property
A purchaser should carefully evaluate zoning considerations based on the type of property they are acquiring. For example, an individual purchasing a farm should consider factors such as conservation and wildlife requirements, limitations on crops or livestock, utility easements, and restrictions on on-farm buildings. A person buying a cottage must address riparian rights related to docks and boat placement, environmental regulations for septic systems, water quality, and shoreline development. A condominium developer should review zoning regulations including height limits, floor-space index restrictions, density requirements, and affordable housing mandates. Therefore, it is crucial to consult with a skilled real estate, municipal, or land use planning and development lawyer before proceeding with the purchase of real property.
Zoning Disputes
Zoning disputes arise when property owners or developers attempt to use their land in ways that conflict with existing zoning regulations. These disputes are often complex, as they may involve multiple layers of legal frameworks, including federal, provincial, and municipal laws, alongside the Planning Act.
The Ontario Land Tribunal (OLT) adjudicates and makes decisions on a wide range of matters related to land use planning, environmental protection, heritage preservation, and other related disputes. These include issues concerning official plans, zoning by-laws, subdivision plans, minor variances, land compensation, development charges, and other matters outlined in Ontario statutes. The OLT plays a crucial role in Ontario’s land use planning system as an independent public body, providing a forum for individuals and communities to appeal land use planning decisions that impact their property or community.
If a party disagrees with a decision made by a municipal authority, they may file an objection or appeal with the Ontario Land Tribunal. Additionally, if a party disagrees with an OLT decision, they can request a review by the tribunal. According to Section 24(2) of the Ontario Land Tribunals Act (OTLA), a party may appeal an OLT decision to the Ontario Divisional Court, but only on questions of law. In Casa Loma Residents Association v. 555 Davenport Holdings Ltd., Justice Myers of the Ontario Superior Court noted that the OTLA reflects a legislative intent for the Ontario Land Tribunal to be the final authority on complex fact-based policy issues typically within its purview. However, the general principles of judicial review as outlined in precedent cases would still apply.
Takeaways
As experts in real estate litigation, we frequently resolve disputes between purchasers and sellers of real property.
We advise buyers to carefully review applicable zoning laws before completing a purchase, especially if they plan future renovations, installations, or changes to the property.
In the event of a zoning dispute with a neighbor, municipality, or government entity, property owners are encouraged to contact us for guidance on their rights and available legal options.
