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.

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