About zoning bylaws

A zoning bylaw controls the use of land in your community. It states exactly:

  • how land may be used
  • where buildings and other structures can be located
  • the types of buildings that are permitted and how they may be used
  • the lot sizes and dimensions, parking requirements, building heights and densities (building floor area per hectare), and setbacks from the street

An official plan sets out your municipality’s general policies for future land use. Zoning bylaws put the plan into effect and provide for its day-to-day administration. They contain specific requirements that are legally enforceable. Construction or new development that doesn’t comply with a zoning bylaw is not allowed, and the municipality will refuse to issue a building permit.

Many municipalities have a comprehensive zoning bylaw that divides the municipality into different land use zones, with detailed maps. The bylaw specifies the permitted uses (for example, commercial or residential) and the required standards (for example, building size and location) in each zone.

Some rural municipalities may have a free-standing zoning bylaw that covers only a specific property that an owner proposes to develop.

Why you need a zoning bylaw

A zoning bylaw:

  • implements the objectives and policies of a municipality’s official plan (See section 2, Official plans)
  • provides a legal and precise way of managing land use and future development
  • in addition to the official plan, protects you from conflicting and possibly dangerous land uses in your community

Zoning bylaw amendments

If you want to use or develop your property in a way that is not allowed by the zoning bylaw, you may apply for a zoning change, also known as a zoning bylaw amendment or a rezoning. Council can consider a change only if the new use is allowed by the official plan.

There are also certain instances where you may not need a rezoning application. For instance, the Planning Act overrides local zoning bylaws to permit up to 3 residential units in most existing urban residential areas.

Additional Residential Units (ARU) framework

The ARU framework generally allows “as-of-right” (without the need to apply for a rezoning to permit the “use”) the use of up to 3 units in the primary building (the main house), or up to 2 units allowed in the primary building and 1 unit allowed in an ancillary building (such as a garage). This as-of-right permission supersedes local zoning and automatically applies to identified lands provincewide.

The ARU framework also eliminates other barriers in local zoning bylaws by removing or updating zoning requirements relevant to angular planes, maximum lot coverage, floor space index (FSI), minimum lot size and minimum building distance separation which could potentially reduce or eliminate the need for a zoning bylaw amendment or minor variance. However, a zoning bylaw amendment or a minor variance approval may still be required for other zoning requirements (for example, setbacks and height).

How to apply for a rezoning

Before you set out to apply for a rezoning, you should talk to your municipal planning staff for advice and information.

To apply for a rezoning, you must complete an application form which requires information identified by the minister and the municipality. Most municipalities require that you pay an application fee.

If local council refuses your zoning application, or if it does not make a decision within 90 days of the receipt of the complete application and fee, you may be able to appeal to the Ontario Land Tribunal (OLT). Note that council has 120, not 90, days to make a decision on a zoning application if it was submitted to the municipality on the same day as a request for a related official plan amendment.

The OLT is an independent tribunal that is responsible for hearing appeals and that decides on a variety of contentious municipal matters. (See section 7, the Ontario Land Tribunal)

How a zoning bylaw is passed

Before council passes a zoning bylaw, it must first give as much information as possible to the public. There must also be at least one public meeting before a bylaw is passed and everyone who attends the meeting must have a chance to speak. Notice of this meeting is given at least 20 days in advance, through local newspapers, on a municipal website if there is no local print newspaper available or by mail and posted notice.

An open house information session is also required for a bylaw that is being brought into conformity with an official plan which has been updated as part of an official plan update and for a community planning permit bylaw. A municipality is required to update its zoning bylaws no less than three years after the approval of an official plan update.

The Planning Act encourages early involvement and the use of mediation techniques to resolve any conflicts. Share your views early in the planning process by making a verbal presentation at the public meeting or a written submission to council before it passes the bylaw.

Your local council may also consult with interested agencies before it makes a decision. After hearing everyone’s concerns, council may decide to pass, change or reject the proposed bylaw. If it decides to make some changes, it may also decide to hold another public meeting.

Once council has passed the bylaw, it must give notice of the bylaw’s passing within 15 days. Generally, any qualifying person or public body that meets certain requirements may, not later than 20 days after the notice of the passing of the bylaw is given, appeal to the OLT by filing a notice of appeal with the municipal clerk, accompanied by the fee required by the OLT. 

How zoning bylaws are evaluated

When it considers a zoning bylaw, the council evaluates it against criteria such as:

  • conformity with the official plan and compatibility with adjacent uses of land
  • suitability of the land for the proposed purpose, including the size and shape of the lot(s) being created
  • adequacy of vehicular access, water supply, sewage disposal
  • the risk of flooding

When council considers a zoning bylaw, its decision shall be consistent with the Provincial Planning Statement (PPS) issued under the Planning Act. This means that a council must ensure that the policies of the PPS are applied as an essential part of the land use planning decision-making process. The PPS contains policy directions on matters of provincial interest related to land use planning and development. It is expected that the council will implement the PPS in the context of other planning objectives and local circumstances. (See section 1, The Planning Act)

Zoning bylaws must also conform with any applicable provincial plan. Provincial plans provide direction for specific geographic areas.

Get involved

If you have concerns about a proposed zoning bylaw or amendment that may affect you, you should:

  • find out as much as possible about the proposed bylaw and how it affects your property
  • go to any information sessions, including open houses and public meetings, to give your opinions
  • discuss the proposal with municipal staff and council members
  • make a written submission to council

If you have any concerns, you should make sure that you let council know about them early in the process. Council will then have time to consider your feedback and may make changes before the bylaw is passed.

Appeal rights

Appeals by third parties (someone other than the applicant) are scoped for zoning bylaw matters so they can only be made by key participants except where appeals are limited as noted in Limitations on appeals. Key participants include:

  • the province
  • public bodies, including public hospitals and First Nations
  • landowners, if the matter applies to their land, and
  • specified persons, including utility providers and certain bodies that may have land use compatibility issues, such as major airports, aggregate operations, and certain industries within areas of employment

Appeals to the OLT can be made in two different ways:

  1. the applicant, the minister and any qualifying person or public body who made verbal presentations at a public meeting or verbal presentations before the bylaw was passed, may appeal the council’s passage of a zoning bylaw to the OLT within 20 days from the date the notice of the passage of the bylaw is given (see subsection 34 (19) of the Planning Act). The notice of appeal should be filed with the municipal clerk and must be accompanied by written reasons and the fee required by the OLT
  2. the applicant and the minister may appeal to the OLT if the council refuses or fails to act on an application to rezone the lands within the timeframe set out in the Planning Act (see subsection 34 (11) of the Planning Act). The notice of appeal should be filed with the municipal clerk, accompanied by the fee required by the OLT

If you intend to argue that an official plan or zoning bylaw is inconsistent with a policy statement issued under the Planning Act, fails to conform with or conflicts with a provincial plan or fails to conform with an applicable official plan, the notice of appeal must also explain how the official plan or zoning bylaw is inconsistent with, fails to conform with or conflicts with the policy statement, provincial plan, or the official plan.

Limitations on appeals

Generally, appeals are not permitted in the following circumstances:

  • refusals or failure to make a decision within the timeframe set out in the Planning Act (also known as “non-decision”) on proposed amendments that would:
    • implement an alteration to the boundary of an "area of settlement" to include any land in the Greenbelt Area.
    • implement the establishment of a new "area of settlement"
    • remove land from "an area of employment", if appropriate official plan policies are in place
    • permit a renewable energy undertaking such as wind, solar and hydroelectric projects
  • bylaws related to additional residential units
  • bylaws passed to implement inclusionary zoning (where new housing developments of 10 units or more need to include affordable housing units), as well as proposed amendments that would change or repeal bylaws implementing inclusionary zoning
  • bylaws passed to put in place appropriate densities (number of people, jobs and building floor area per hectare) that make sense for a protected major transit station area (lands around stations/stops for rail, subway and certain other forms of transit that are protected by official plan policies) if appropriate official plan policies are in place
  • community planning permit bylaws passed to implement a community planning permit system (CPPS) that has been required by a minister’s order

When an appeal is made

In cases of appeal, if a settlement has not already been reached, the OLT may hold a case management conference to discuss opportunities for settlement, such as mediation, and may hold a hearing. If a hearing is required, you may be given the chance to present your case.

Appealing a local decision to the OLT is a serious matter. It can take time, effort and in some cases, money, for everyone involved.

The tribunal must have regard to the local decision and make its decision based on the facts presented at a hearing. The hearing should generally be limited to the information and material that were before the municipality whose decision is appealed. New information and material can be introduced at a hearing. However, the OLT may, on its own initiative or on the motion of any party, give the municipality 60 days to reconsider its decision and make a written submission if the new information could have materially affected the municipality’s decision.

The tribunal has authority to make a final decision on the matter and will seek to make the “best” planning decision while making sure its decisions are consistent with the Provincial Planning Statement and conform with any applicable provincial plans and municipal official plans. In making its decision, the OLT can allow or dismiss your appeal and repeal or amend the bylaw.

Declaration of provincial interest

At least 30 days before a hearing is held, the Minister of Municipal Affairs and Housing can declare that a zoning matter before the OLT may adversely affect a provincial interest. If this happens, after the hearing is held and the tribunal renders a decision as usual, the Lieutenant Governor in Council (the Cabinet) may confirm, vary or rescind the tribunal’s decision on the matter.

Power to dismiss

The OLT has the power to dismiss an appeal without holding a hearing in certain circumstances, such as if the appeal constitutes an abuse of process like repeating the submission of an application that has recently been dealt with by the municipality. An appeal may also be dismissed by the OLT if the application before it is substantially different from that which was before council at the time of council’s decision.

Summary of the zoning bylaw process

  1. council initiates the process for the zoning bylaw
  2. the bylaw is prepared. Following this, notice and information is provided to the public. Other agencies may also be consulted
  3. a public meeting is held
  4. council makes a decision to pass the bylaw
  5. council gives notice of its decision
  6. possible appeal to the OLT: With some restrictions, key participants may appeal the decision to the OLT
  7. if there are no appeals, the zoning bylaw is effective on the date council passes the bylaw
  8. the OLT may dismiss the appeal without holding a hearing or will hold a hearing and make a final decision except when a provincial interest is declared

Minor variances

If your proposed change doesn’t conform exactly to the zoning bylaw, but follows its general intent, you can apply for a minor variance. For example, you might want to locate something on your property, but you are unable to meet the minimum setback requirements because of the shape of your lot. Your municipality may have a bylaw that sets out local criteria to further clarify what constitutes a minor variance in your community.

To obtain a minor variance, you will have to apply to your local committee of adjustment appointed by council to deal with minor problems in meeting bylaw standards. Your application should explain how your proposed variance is minor in nature and why it is needed.

The committee of adjustment will hold a hearing and decide on your application. Any identified person or public body that has an interest in the matter may appeal to the OLT within 20 days or, if one is established by the municipality, a local appeal body. The appeal should be filed with the secretary-treasurer of the committee. The secretary-treasurer will tell you who has the authority to hear such appeals in your area. You should set out the reasons supporting the objection and pay the fee required by the OLT/local appeal body.

The OLT or local appeal body has the power to dismiss your appeal without holding a hearing. (See section 7, the Ontario Land Tribunal)

The OLT or local appeal body can allow or dismiss your appeal, or amend the application. A minor variance does not change a zoning bylaw. It simply excuses you from a specific requirement of the bylaw and allows you to obtain a building permit.

Other types of bylaws

There are several types of special bylaws that can be used to control land use:

Community planning permit bylaws

The community planning permit system (CPPS) is a discretionary land use planning tool that combines zoning, site plan and minor variance processes into one application and approval process. The CPPS has three components:

  1. a policy basis in the official plan
  2. an implementing community planning permit bylaw
  3. a community planning permit that can be issued as a planning approval

Community planning permit bylaws must identify and define a list of permitted uses. The bylaws can also set out discretionary uses that may be permitted if specified criteria outlined in the bylaw are met.

Any qualifying person or public body can appeal a community planning permit bylaw to the OLT when the bylaw is being established (unless the CPPS has been required to be established by minister’s order), provided they have participated during its development. You may not be able to apply for a change to a community planning permit bylaw within five years of it being passed. However, you would be allowed to apply for a change to the community planning permit bylaw if council passes a resolution to allow the application.

Once the CPPS is established and in effect, only the applicant has the right to appeal a decision on a community planning permit application to the OLT.

Holding bylaws

Holding bylaws allow future uses for land or buildings but delay development until, for example, local services, such as roads, are in place. Your municipality cannot use these bylaws unless it has holding policies in its official plan.

Interim control bylaws

Interim control bylaws put a temporary freeze on some land uses while the municipality is studying or reviewing its policies. The freeze can be imposed for only a year, with a maximum extension of another year.

An interim control bylaw may be appealed when it is first passed or when an extension is made to a bylaw by anyone who received notice.

The Planning Act provides that an interim control bylaw remains in effect past the two-year period if the new zoning bylaw which replaces the interim control bylaw is appealed to the OLT.

Temporary use bylaws

Temporary use bylaws zone land or buildings for specific uses for a maximum period of three years at a time, with more extensions possible. When the temporary use of a garden suite (such as a one-unit detached residential structure containing bathroom and kitchen facilities that is additional to an existing structure and that is designed to be portable) is authorized, the temporary bylaw may allow it for a period not exceeding 20 years, with the possibility of extensions of not more than to 3 years at a time.

Community benefits charges

Community benefits charges (CBCs) allow single and lower-tier municipalities to collect funds from certain new developments or redevelopments to help pay for the capital costs of community services needed because of the community’s growth. These services could include libraries, parkland development (like playgrounds), recreation centres, child care, affordable housing and shelters. CBCs replaced the former section 37 density bonusing provisions in the Planning Act, subject to transition rules.

In order to implement a CBC, a municipality must develop a CBC strategy, publicly consult on this strategy, and then pass a CBC by-law. If a municipality passes a CBC by-law, the charge will only apply to buildings that are five or more storeys and have 10 or more residential units. The maximum charge payable in any instance cannot exceed four percent of the value of land being developed.

The tool, which came into effect September 18, 2020, can be used with development charges and parkland dedication to enable growth to pay for growth, so that municipalities can provide important local services that growing communities need. CBCs increase transparency and accountability by making the costs of building housing in Ontario more predictable.

Inclusionary zoning

Inclusionary zoning is a tool that municipalities may use to help address their community’s affordable housing needs by requiring that new housing developments of 10 units or more include affordable housing units. Inclusionary zoning can only be used in protected major transit station areas (lands around stations/stops for rail, subway and certain other forms of transit that are protected by official plan policies), areas where the community planning permit system is required by the minister, or in municipalities prescribed by the minister. When official plan policies related to inclusionary zoning and zoning bylaws are in place, municipalities can require affordable housing units to be included in residential developments by establishing a set aside rate for IZ units. The set aside rate represents the proportion (%) of total units that must be maintained as affordable (and can vary by rental or ownership) These units would need to be maintained as affordable over a period of time specified by the municipality – this is known as the affordability period.

As of May 12, 2025, in a protected major transit station area, municipalities may only apply inclusionary zoning up to a 5% (either of residential floor area or number of units) set-aside rate limit and an affordability period up to 25 years.

Site plan control bylaws

Site plan control bylaws are not zoning bylaws. They are used to establish areas where site plan control will be applied. These areas must be described in the official plan.

Site plan control is used to ensure that:

  • developments are built and maintained in the way that council approved
  • new developments meet certain standards to ensure health and safety objectives
  • there is safe and easy access for pedestrians and vehicles
  • the sustainable design features of the site are satisfactory
  • there is adequate landscaping and drainage
  • nearby properties are protected from incompatible development

As a condition of site plan approval, municipalities may require the owner provide land for road widening and public transit rights-of-way. Before municipalities can exercise this power, the road widening and public transit rights-of-way must be shown or described in the official plan (with the exception of upper-tier municipalities without planning responsibilities, who do not have this power).

When approving a site plan application, the municipality may also establish a time frame within which a building permit must be issued or the approval lapses.

Minister’s zoning orders

The Planning Act gives the Minister of Municipal Affairs and Housing the authority to permit, prohibit, and regulate the use of any land in the province. Minister’s Zoning Orders (MZO) can be used to protect a provincial interest, to help overcome potential barriers, or delays to critical projects. Zoning orders are similar to local municipal zoning bylaws. If there is a conflict between a MZO and a municipal bylaw, the MZO prevails. The municipal bylaw remains in effect in all other respects.

Under the Planning Act, zoning orders do not have to be consistent with the Provincial Planning Statement, except in the Greenbelt Area. The Planning Act does not provide for a right to appeal the Minister’s decision to make a zoning order to the Ontario Land Tribunal.

The Minister may use enhanced authorities when making a zoning order, except in the Greenbelt Area. This includes authority to:

  • remove municipal use of site plan control
  • require agreements between municipalities and landowners concerning site plan matters
  • require/remove inclusionary zoning (affordable housing requirements)

The zoning order framework, released in April 2024, establishes the Minister’s expectations for stakeholders, including proponents, municipalities, and partner ministries when requesting a zoning order to the Minister of Municipal Affairs and Housing.

This framework is intended to provide a consistent set of expectations for stakeholders to understand what is expected to be included with a request for a zoning order and how the Minister may assess a request. Zoning order requests are made or refused at the discretion of the Minister.

The Minister may independently, or upon the application of any person or public body, amend or revoke a zoning order. The decision to proceed with a request to amend or revoke a MZO is at the discretion of the Minister of Municipal Affairs and Housing.

Other approvals that may be required

In addition to the planning approvals and building permits that are needed for a building project, there are other permits and approvals that may be required in specific circumstances. For example, a septic tank permit is required for a new septic system. In cottage areas, a permit may be required from the Ministry of Natural Resources before you can do any construction in the water (for example, a dock or boathouse with a solid foundation). If your property is designated under the Ontario Heritage Act, located in a heritage conservation district or subject to a heritage conservation easement (a legal agreement to protect heritage elements that applies to anyone who owns the land) you may require a separate heritage approval from the municipality or the Ontario Heritage Trust.