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Planning Act

ONTARIO REGULATION 546/06

requests to Amend or revoke minister’s zoning orders

Consolidation Period:  From July 1, 2016 to the e-Laws currency date.

Last amendment: O. Reg. 177/16.

This is the English version of a bilingual regulation.

Definition

1. In this Regulation,

“subject land” means the land that is the subject of a request for an amendment to or a revocation of a zoning order made by the Minister under clause 47 (1) (a) of the Act.  O. Reg. 546/06, s. 1.

Information and material — request to amend or revoke Minister’s zoning order

2. For the purposes of subsection 47 (8.1) of the Act, the information and material to be provided with a request to amend or revoke in whole or in part a zoning order made by the Minister under clause 47 (1) (a) of the Act are as follows:

1. The name, address, telephone number and, if applicable, the e-mail address of the person making the request.

2. The date of the request to the Minister.

3. A description of the subject land, including such information as the municipality, or the geographic township in unorganized territory, concession and lot numbers, registered plan and lot numbers, reference plan and part numbers, and street names and numbers.

4. Whether there are any easements or restrictive covenants affecting the subject land.

5. If the answer to paragraph 4 is yes, a description of each easement or covenant and its effect.

6. The regulation number of the Minister’s order that is the subject of the request.

7. Whether the request is to amend or revoke the Minister’s order.

8. The reason for the request.

9. The current zoning of the subject land under the Minister’s order or a municipal or planning board zoning by-law.

10. If the request is to amend the Minister’s order, the proposed zoning of the subject land.

11. The current designation of the subject land in the applicable official plan.

12. The existing uses of the subject land.

13. Whether there are any buildings or structures on the subject land.

14. If the answer to paragraph 13 is yes, the following information for each building or structure:

i. the type of building or structure, and

ii. in metric units, the setback from the front lot line, rear lot line and side lot lines, the height of the building or structure and its dimensions or floor area.

15. The proposed uses of the subject land.

16. Whether any buildings or structures are proposed to be built on the subject land.

17. If the answer to paragraph 16 is yes, the following information for each building or structure:

i. the type of building or structure,

ii. in metric units, the setback from the front lot line, rear lot line and side lot lines, the height of the building or structure and its dimensions or floor area, and

iii. the number of parking spaces.

18. Whether access to the subject land will be,

i. by a provincial highway, a municipal road that is maintained all year or seasonally, another public road or a right of way, or

ii. by water.

19. If access to the subject land will be by water only, the parking and docking facilities to be used and the approximate distance of these facilities from the subject land and the nearest public road.

20. Whether water will be provided to the subject land by a publicly owned and operated piped water system, a privately owned and operated individual or communal well, a lake or other water body or other means.

21. Whether sewage disposal will be provided to the subject land by a publicly owned and operated sanitary sewage system, a privately owned and operated individual or communal septic system, a privy or other means.

22. If the requested change would permit development on a privately owned and operated individual or communal septic system and more than 4500 litres of effluent would be produced per day as a result of the development being completed,

i. a servicing options report, and

ii. a hydrogeological report.

23. If known,

i. whether the subject land is the subject of a proposed official plan or plan amendment that has been submitted for approval,

ii. if the answer to subparagraph i is yes, the file number and the status of the matter,

iii. whether the subject land is the subject of an application for approval of a plan of subdivision under section 51 of the Act or for a consent under section 53 of the Act, and

iv. if the answer to subparagraph iii is yes, the file number and the status of the application.

24. A sketch showing, in metric units,

i. the boundaries and dimensions of the subject land and of any land abutting the subject land that is owned by the owner of the subject land,

ii. the location, size and type of all existing and proposed buildings and structures on the subject land, indicating their distance from the front lot line, rear lot line and side lot lines,

iii. the approximate distance between the subject land and the nearest township lot line or landmark such as a bridge or railway crossing,

iv. the approximate location of all natural and artificial features (for example, buildings, railways, roads, watercourses, drainage ditches, banks of rivers or streams, wetlands, wooded areas, wells and septic tanks) that,

A. are located on the subject land and on land that is adjacent to it, and

B. in the opinion of the person making the request, may affect the request,

v. the current uses of land that is adjacent to the subject land,

vi. the location, width and name of any roads within or abutting the subject land, indicating whether it is an unopened road allowance, a public travelled road, a private road or a right of way,

vii. if access to the subject land will be by water only, the location of the parking and docking facilities to be used, and

viii. the location and nature of any easement affecting the subject land.

25. Whether the request is consistent with policy statements issued under subsection 3 (1) of the Act. 

26. Whether the subject land is within an area of land designated under any provincial plan or plans.

27. If the answer to paragraph 26 is yes, whether the request conforms to or does not conflict with the applicable provincial plan or plans.

27.1 A proposed strategy for consulting with the public with respect to the request.

28. An affidavit or sworn declaration by the person making the request that the information required under this Regulation and provided by the person is accurate.  O. Reg. 546/06, s. 2; O. Reg. 177/16, s. 1.

Transition

3. (1) Despite the revocation of Ontario Regulation 151/95 (Applications to Amend or Revoke Minister’s Zoning Orders) made under the Act, any matter or proceeding that is commenced on or after May 22, 1996 but before the day this Regulation comes into force shall be continued and disposed of as if Ontario Regulation 151/95 had not been revoked.  O. Reg. 546/06, s. 3.

(2) For greater certainty, despite the amendments made to this Regulation by Ontario Regulation 177/16, this Regulation as it read immediately before those amendments came into force continues to apply in respect of a request made under subsection 47 (8) of the Act, if the information and material set out in section 2 were provided before the day Ontario Regulation 177/16 came into force. O. Reg. 177/16, s. 2.

4. Omitted (revokes other Regulations).  O. Reg. 546/06, s. 4.

5. Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 546/06, s. 5.

 

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