Zoning By-law Amendment Application

Answer

The City of Vaughan has a Zoning By-law for the City which establishes the standards of development within the City by regulating matters such as the use of land, location, height, size, floor area, parking, spacing of buildings, etc. Professional Zoning Examiners from the City's Building Standards Department are available to assist you in the interpretation of the Zoning By-law and may be contacted at 905-832-2281 or by email at ZoningInfo@vaughan.ca.

Answer

If a landowner wishes to alter or develop a site in a way that does not conform with the City’s Zoning By-law, they must apply for a site-specific amendment to the Zoning By-law. A Zoning By-law Amendment may change the use of land (e.g., from commercial to residential), the maximum height of a building, parking requirements or other development standards which regulate what can be built on a specific site. 

A Zoning By-law Amendment is also required to remove the Holding Symbol "(H)" from the Zoning By-law on affected lands. 

A Development Application is required to amend the Zoning By-law and must submitted in accordance with the Development Application Submission Process. Information related to the Zoning By-law Amendment Application process can be obtained by calling 905-832-2281 or by emailing DevelopmentPlanning@vaughan.ca. Ask for the planner assigned to the file or the community area.

Answer

Pre-Application Consultation

Before submitting an Development Application to amend the Zoning By-law, the landowner may request a Pre-Application Consultation (PAC) meeting with the Development Planning Department. The purpose of this meeting is for the landowner to present a proposal and for City staff to identify, on a preliminary basis only, the required information for a complete submission of the Zoning By-law Amendment (ZBA) Application.  Proceeding with a PAC request is at the sole discretion of the Applicant.  If an Applicant chooses not to submit a PAC request, the City will not provide a detailed Development Application Submission material checklist, and the Applicant will be directed to the Vaughan Official Plan and/or PAC Complete Application Guide.

To arrange a PAC Meeting, please contact the Development Planning Department at 905-832-2281 or by emailing DevelopmentPlanning@vaughan.ca.  

Submitting a ZBA Application

When a ZBA Application is submitted, the landowner must pay a processing fee in accordance with the in-effect Fees and Charges By-law.

The planner assigned to the file will send an acknowledgment letter to the landowner advising the file number and setting out any additional requirements to be completed. In addition, the City is required to send a "Notice of Complete Application" within 30 days of receipt of the application, if all application requirements identified at the PAC meeting, if applicable, are satisfied.  If all requirements are not satisfied, a "Notice of Incomplete Application" will be sent to the landowner and processing of the application will not commence until the application requirements are fully satisfied. The application will be circulated to all internal departments and external agencies as affected.

For Official Plan Amendments and Zoning By-law Amendments, a public notification sign must be erected on the property advising of a complete application and a public meeting, and removed within 7 days of Vaughan Council or the Ontario Land Tribunal making a final decision on the application, or if there is a major change to the proposal requiring a new application and notice sign, in accordance with the City's Notice Signs Procedures and Protocols.

A ZBA Application is required to be processed in accordance with the statutory timelines prescribed in the Planning Act.  The process period commences once a complete application is received. If a ZBA is approved, an additional surcharge fee will be required in accordance with the applicable Fees and Charges By-law for Development Applications.

Public Meeting

Upon receipt of a complete ZBA Application, a Public Meeting will be scheduled. A notice of the Public Meeting will be circulated by the City to residents within 150 metres of the area of the application at a minimum of 20 days in advance of the Public Meeting. The landowner or Agent acting on behalf of the landowner must attend this meeting to make a brief presentation of the proposal before Vaughan Council and to respond to any questions from Vaughan Council or the public.

Committee of the Whole

After the Public Meeting, the Development Planning Department is required to assess the ZBA application and to receive comments and conditions from circulated parties, followed by the preparation of a Technical Report with a recommendation to the Committee of the Whole. The recommendation of the Committee of the Whole is then forwarded to the following Vaughan Council meeting for approval.

Zoning By-law Amendment Approval

If the ZBA application is approved, a by-law implementing the ZBA is prepared by the Development Planning Department and forwarded to Vaughan Council for enactment. If the ZBA application is refused, the landowner may appeal Vaughan Council's decision to the Ontario Land Tribunal (OLT) within 20 days of the Notice of Decision being issued by the Office of the City Clerk.

Ontario Land Tribunal Appeal Process

After enactment of the ZBA by-law by Council, a Notice of Passing is issued by the Office of the City Clerk to the landowner, their agent, and anyone who requested notice, as well as required agencies. This initiates a 20-day appeal period, within which anyone can appeal the Zoning By-law Amendment to the Ontario Land Tribunal. Once this period expires, if no appeals have been received, the in-effect by-law with the affidavit is issued to the Applicant and the ZBA is deemed to have come into effect on the day Council enacted the implementing ZBA by-law. 

Zoning By-law Amendment to Remove a Holding Symbol "(H)"

A ZBA Application is also required to remove a Holding Symbol "(H)" from affected lands. A Holding Symbol "(H)" is used when certain conditions of approval (e.g., servicing must be allocated by Vaughan Council) must be satisfied before a building permit can be issued.

An Development Application to amend the Zoning By-law to remove a Holding Symbol "(H)". Information related to the Zoning By-law Amendment Application to remove the Holding Symbol "(H)" process can be obtained by calling 905-832-2281 or by email at DevelopmentPlanning@vaughan.ca. Ask for the planner assigned to the file or the community area.

Submitting a ZBA Application to Remove the Holding Symbol "(H)"

When submitting a ZBA Application, a fee is required in accordance with the applicable Fees and Charges By-law. 

The City planner assigned to the file will send an acknowledgment letter to the landowner advising of the file number and setting out any additional requirements to be completed by the landowner.

A typical Zoning By-law Amendment Application to remove a Holding Symbol "(H)" requires approximately two to three months to complete, depending on complexity. The process period commences once a complete application is received.

Review of the ZBA Application to Remove the Holding Symbol "(H)" 

The City planner will review the existing conditions associated with the removal of the Holding Symbol "(H)" to ensure that all conditions have been satisfied. After confirmation that the existing conditions have been satisfied, the planner will prepare a by-law to remove the Holding Symbol "(H)". The by-law will be circulated to City staff for review and approval prior to being scheduled for a City of Vaughan Council meeting.

The planner will prepare a "Notice of Intention to Enact a By-law to remove the Holding Symbol "(H)"". This notice will be circulated to all adjacent property owners of the property to which the Holding Symbol "(H)" applies. City of Vaughan Council will either enact or refuse the by-law to remove the Holding Symbol "(H)".