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O. Reg. 199/96: ZONING BY-LAWS, HOLDING BY-LAWS AND INTERIM CONTROL BY-LAWS

under Planning Act, R.S.O. 1990, c. P.13

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Planning Act

ONTARIO REGULATION 199/96

Amended to O. Reg. 545/06

ZONING BY-LAWS, HOLDING BY-LAWS AND INTERIM CONTROL BY-LAWS

Note: This Regulation was revoked on January 1, 2007. See: O. Reg. 545/06, ss. 11, 12.

This is the English version of a bilingual regulation.

1. In this Regulation,

“reserve” means a tract of land, the legal title of which is vested in the Crown in right of Canada, that has been set apart by the Crown for the use and benefit of a First Nation. O. Reg. 199/96, s. 1.

2. The information and material to be provided by an applicant under subsection 34 (10.1) of the Act are set out in the Schedule. O. Reg. 199/96, s. 2.

3. (1) Notice of a public meeting to inform the public in respect of a proposed zoning by-law under subsection 34 (12) of the Act shall be given in compliance with subsection (2) or (4) but need not be given in compliance with more than one of those subsections. O. Reg. 199/96, s. 3 (1); O. Reg. 507/98, s. 1 (1).

(2) Notice under subsection (1) may be given by doing both of the following:

1. Giving notice by personal service or prepaid first class mail to every owner of land within 120 metres of the area to which the proposed by-law would apply. But if a condominium development is located within 120 metres of the area, notice may be given to the condominium corporation, according to its most recent address for service or mailing address as registered under section 3 of the Condominium Act, instead of being given to all owners assessed in respect of the condominium development.

2. Posting a notice, clearly visible and legible from a public highway or other place to which the public has access, at every separately assessed property in the area to which the proposed by-law would apply or, where posting on the property is impractical, at a nearby location chosen by the clerk of the municipality or the secretary-treasurer of the planning board. O. Reg. 199/96, s. 3 (2).

(3) Revoked: O. Reg. 507/98, s. 1 (2).

(4) Notice under subsection (1) may be given by publication in a newspaper that, in the opinion of the clerk of the municipality or the secretary-treasurer of the planning board, is of sufficiently general circulation in the area to which the proposed by-law would apply to give the public reasonable notice of the public meeting. O. Reg. 199/96, s. 3 (4).

(5) For the purposes of subsection (2), the owner of land shall be deemed to be the person shown on the last revised assessment roll of the municipality or on the current provincial land tax roll at the address shown on the roll. However, if the approval authority is a municipality and the clerk of the municipality has received written notice of a change of ownership, the notice shall be given instead to the new owner at the address set out in the notice. O. Reg. 507/98, s. 1 (3).

(6) Every person and public body that has given the clerk of the municipality or the secretary-treasurer of the planning board a written request for notice of a public meeting to inform the public of a proposed zoning by-law under subsection 34 (12) of the Act shall be given notice of the meeting by personal service, prepaid first class mail or telephone transmission of a facsimile of the notice. O. Reg. 199/96, s. 3 (6).

(7) A written request given under subsection (6) shall show the address of the person or the public body. O. Reg. 199/96, s. 3 (7).

(8) Notice of a public meeting to inform the public of a proposed zoning by-law under subsection 34 (12) of the Act shall be given by personal service, prepaid first class mail or telephone transmission of a facsimile of the notice to all of the following persons and public bodies except those who have notified the clerk of the municipality or the secretary-treasurer of the planning board that they do not wish to receive notice:

1. The clerk of every county and every regional or district municipality having jurisdiction in the area to which the proposed by-law would apply.

2. The clerk of the area municipality in the area to which the by-law would apply, if the notice is given by The Regional Municipality of Haldimand-Norfolk, The Regional Municipality of Sudbury or the County of Oxford.

3. The secretary-treasurer of every planning board or municipal planning authority having jurisdiction in the area to which the by-law would apply.

4. The secretary of every school board having jurisdiction in the area to which the by-law would apply.

5. The secretary-treasurer of every conservation authority having jurisdiction in the area to which the by-law would apply.

6. The secretary of every municipal or other corporation operating an electric utility in the local municipality or planning area where the by-law would apply.

7. The secretary of every company operating a natural gas utility in the local municipality or the planning area where the by-law would apply.

8. The Executive Vice-President, Law and Development, of Ontario Power Generation Inc.

8.1 The secretary of Hydro One Inc.

9. The secretary of every company operating an oil or natural gas pipeline in the local municipality or the planning area where the by-law would apply.

10. The chair or secretary of the Local Architectural Conservation Advisory Committee, if any, if the land to which the by-law would apply includes or adjoins a property or district designated under Part IV or V of the Ontario Heritage Act.

11. If the land to which the by-law would apply is in or abuts the area covered by the Niagara Escarpment Plan,

i. the senior planner of the district office of the Niagara Escarpment Commission having jurisdiction over that land, and

ii. the senior planner of the district office of the Niagara Escarpment Commission having jurisdiction over the area that abuts that land.

12. The Niagara Parks Commission, if any of the land to which the by-law applies adjoins the Niagara Parkway or is in the jurisdiction of the Niagara Parks Commission.

13. The St. Lawrence Parks Commission, if any part of the land to which the by-law would apply adjoins the 1000 Islands Parkway and is in the jurisdiction of the St. Lawrence Parks Commission under section 9 of the St. Lawrence Parks Commission Act.

14. The clerk of every municipality and the secretary-treasurer of every municipal planning authority or planning board any part of which is within one kilometre of the area to which the by-law would apply.

15. The chief of every First Nation council, if the First Nation is located on a reserve any part of which is within one kilometre of the area to which the proposed by-law would apply. O. Reg. 199/96, s. 3 (8); O. Reg. 507/98, s. 1 (4); O. Reg. 222/99, s. 1; O. Reg. 261/00, s. 1.

(9) Notice of a public meeting to inform the public of a proposed zoning by-law under subsection 34 (12) of the Act shall be given by personal service, prepaid first class mail or telephone transmission of a facsimile of the notice to the director of the Provincial Planning Services Branch of the Ministry of Municipal Affairs and Housing, if the director has given the clerk of the municipality or the secretary-treasurer of the planning board a written request to be given notice of public meetings under subsection 34 (12) of the Act. O. Reg. 199/96, s. 3 (9); O. Reg. 507/98, s. 1 (5).

(10) Notice of a public meeting to inform the public of a proposed zoning by-law under subsection 34 (12) of the Act shall include the following:

1. The date, time and location of the public meeting.

2. An explanation of the purpose and effect of the proposed zoning by-law.

3. A description of the land or a key map showing the land to which the proposed zoning by-law would apply, or, alternatively, an explanation as to why a description or key map is not provided.

4. If it is known that the land to which the proposed zoning by-law applies is the subject of an application under the Act for an amendment to an official plan, a Minister’s zoning order, an approval of a plan of subdivision or a consent, a statement of that fact and the file number of the application.

5. The following statement:

If a person or public body that files an appeal of a decision of (name of municipality or planning board) in respect of the proposed zoning by-law does not make oral submissions at a public meeting or make written submissions to (name of municipality or planning board) before the proposed zoning by-law is adopted, the Ontario Municipal Board may dismiss all or part of the appeal.

6. Where and when additional information regarding the proposed zoning by-law will be available to the public for inspection. O. Reg. 199/96, s. 3 (10).

(11) Despite subsection (10), if notice is given by posting on the property, the notice shall include the following:

1. The date, time and location of the public meeting.

2. An explanation of the purpose and effect of the proposed zoning by-law.

3. Where and when additional information regarding the proposed zoning by-law will be available to the public for inspection.

4. How to obtain a copy of the written notice of the public meeting. O. Reg. 199/96, s. 3 (11).

4. (1) Notice of the passing of a by-law under subsection 34 (18) of the Act shall be given in either of the following ways:

1. Publication in a newspaper that, in the opinion of the clerk of the municipality or the secretary-treasurer of the planning board, is of sufficiently general circulation in the area to which the by-law applies to give the public reasonable notice of the passing of the by-law.

2. Personal service or prepaid first class mail to every owner of land within 120 metres of the area to which the by-law applies. If a condominium development is located within 120 metres of the subject land, notice may be given to the condominium corporation, according to its most recent address for service or mailing address as registered under section 3 of the Condominium Act, instead of being given to all owners assessed in respect of the condominium development. O. Reg. 199/96, s. 4 (1).

(2) For the purposes of subsection (1), the owner of land shall be the person shown on the last revised assessment roll of the municipality or on the current provincial land tax roll at the address shown on the roll. However, if the land is in a municipality and the clerk of the municipality has received written notice of a change of ownership of land, the notice shall be given instead to the new owner at the address set out in the written notice. O. Reg. 199/96, s. 4 (2).

(3) Every person and public body that has given the clerk of the municipality or the secretary-treasurer of the planning board a written request for notice of the passing of a by-law under subsection 34 (18) of the Act shall be given notice by personal service, prepaid first class mail or telephone transmission of a facsimile of the notice. O. Reg. 199/96, s. 4 (3).

(4) A written request given under subsection (3) shall show the address of the person or public body. O. Reg. 199/96, s. 4 (4).

(5) Notice of the passing of a by-law under subsection 34 (18) of the Act shall be given by personal service, prepaid first class mail or telephone transmission of a facsimile of the notice to all of the following persons and public bodies except those who have notified the clerk of the municipality or the secretary-treasurer of the planning board that they do not wish to receive notice:

1. The clerk of the county or the regional or district municipality, if the by-law is passed by the council of a local municipality that forms part of a county or of a regional, metropolitan or district municipality.

2. The clerk of the area municipality in which the area to which the by-law applies is situate, if the by-law is passed by The Regional Municipality of Haldimand-Norfolk, The Regional Municipality of Sudbury or the County of Oxford.

3. The secretary-treasurer of every planning board or municipal planning authority having jurisdiction in the area to which the by-law applies. O. Reg. 199/96, s. 4 (5); O. Reg. 507/98, s. 2 (1).

(6) Notice of the passing of a by-law under subsection 34 (18) of the Act shall be given by personal service, prepaid first class mail or telephone transmission of a facsimile of the notice to the director of the Provincial Planning Services Branch of the Ministry of Municipal Affairs and Housing, if the director has given the clerk of the municipality or the secretary-treasurer of the planning board a written request to be given notice of the passing of by-laws. O. Reg. 199/96, s. 4 (6); O. Reg. 507/98, s. 2 (2).

(7) Notice of the passing of a by-law under subsection 34 (18) of the Act shall include the following:

1. An explanation of the purpose and effect of the by-law.

2. The number of the by-law and the date it was passed.

3. A description of the land or a key map showing the land to which the by-law applies, or, alternatively, an explanation of why a description or key map is not provided.

4. The last date for filing a notice of appeal of the by-law and a statement that the notice of appeal must be filed with the clerk of the municipality or the secretary-treasurer of the planning board, must set out the reasons for the appeal and must be accompanied by the fee required by the Ontario Municipal Board.

5. The following statement:

Only individuals, corporations and public bodies may appeal a zoning by-law to the Ontario Municipal Board. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or the group on its behalf.

6. If it is known that the land to which the proposed by-law applies is the subject of an application under the Act for an amendment to an official plan, a Minister’s zoning order, an approval of a plan of subdivision or a consent, a statement of that fact and the file number of the application. O. Reg. 199/96, s. 4 (7).

(8) Where notice is given under subsection (5) or (6), a copy of the by-law shall be attached to the notice. O. Reg. 199/96, s. 4 (8).

5. (1) Notice of an intention to pass an amending by-law to remove a holding symbol from a zoning by-law under subsection 36(4) of the Act shall be given in either of the following ways:

1. Publication in a newspaper that, in the opinion of the clerk of the municipality or the secretary-treasurer of the planning board, is of sufficiently general circulation in the area to which the proposed amending by-law would apply to give the public reasonable notice of the intention of council or the planning board.

2. Personal service or prepaid first class mail to every owner of land in the area to which the proposed amending by-law would apply. However, if a condominium development is located in the area, notice may be given to the condominium corporation, according to its most recent address for service or mailing address as registered under section 3 of the Condominium Act, instead of being given to all owners assessed in respect of the condominium development. O. Reg. 199/96, s. 5 (1); O. Reg. 428/96, s. 1.

(2) For the purpose of subsection (1), the owner of land shall be deemed to be the owner shown on the last revised assessment roll of the municipality or on the current provincial land tax roll at the address shown on the roll. However, if the land is in a municipality and the clerk of the municipality has received written notice of a change of ownership of land, the notice shall be given instead to the new owner at the address set out in the notice. O. Reg. 199/96, s. 5 (2).

(3) Every person and public body that has given the clerk of the municipality or the secretary-treasurer of the planning board a written request for notice of an intention to pass an amending by-law to remove a holding symbol from a zoning by-law under subsection 36 (4) of the Act shall be given the notice by personal service, prepaid first class mail or telephone transmission of a facsimile of the notice. O. Reg. 199/96, s. 5 (3).

(4) A written request given under subsection (3) shall show the address of the person or public body. O. Reg. 199/96, s. 5 (4).

(5) A notice of an intention to pass an amending by-law to remove a holding symbol from a zoning by-law under subsection 36 (4) of the Act shall include the following:

1. An explanation of the effect of the removal of the holding symbol.

2. A description of the land or a key map showing the land to which the proposed by-law would apply, or, alternatively, an explanation as to why a description or key map is not provided.

3. A statement of the earliest date on which the council or the planning board proposes to meet to pass the amending by-law. O. Reg. 199/96, s. 5 (5).

6. (1) Notice of the passing of an interim control by-law or of a by-law extending the period during which an interim control by-law will be in effect under subsection 38 (3) of the Act shall be given in either of the following ways:

1. Publication in a newspaper that, in the opinion of the clerk of the municipality or the secretary-treasurer of the planning board, is of sufficiently general circulation in the area to which the by-law applies to give the public reasonable notice of the passing of the by-law.

2. Personal service or prepaid first class mail to every owner of land within 120 metres of the area to which the by-law applies. However, if a condominium development is located within 120 metres of the area, notice may be given to the condominium corporation, according to its most recent address for service or mailing address as registered under section 3 of the Condominium Act, instead of being given to all owners assessed in respect of the condominium development. O. Reg. 199/96, s. 6 (1).

(2) For the purposes of subsection (1), the owner of land shall be deemed to be the owner shown on the last revised assessment roll of the municipality or on the current provincial land tax roll at the address shown on the roll. However, if the land is in a municipality and the clerk of the municipality has received written notice of a change of ownership of land, the notice shall be given instead to the new owner at the address set out in the notice. O. Reg. 199/96, s. 6 (2).

(3) Notice of the passing of a by-law under subsection 38 (3) of the Act shall be given by personal service, prepaid first class mail or telephone transmission of a facsimile of the notice to all the following persons and public bodies except those who have notified the clerk of the municipality or the secretary-treasurer of the planning board that they do not wish to receive notice:

1. The clerk of the county or regional or district municipality, if the by-law is passed by the council of a local municipality that forms part of a county or part of a regional, metropolitan or district municipality.

2. The clerk of the area municipality in which the area to which the by-law applies is situate, if the by-law is passed by The Regional Municipality of Haldimand-Norfolk, The Regional Municipality of Sudbury or the County of Oxford. O. Reg. 199/96, s. 6 (3); O. Reg. 507/98, s. 3 (1).

(4) Notice of the passing of a by-law under subsection 38 (3) of the Act shall be given by personal service, prepaid first class mail or telephone transmission of a facsimile of the notice to the director of the Provincial Planning Services Branch of the Ministry of Municipal Affairs and Housing, if the director has given the clerk of the municipality or the secretary-treasurer of the planning board a written request to be given notice of the passing of by-laws. O. Reg. 199/96, s. 6 (4); O. Reg. 507/98, s. 3 (2).

(5) Notice of the passing of an interim control by-law or of a by-law extending the period during which an interim control by-law will be in effect under subsection 38 (3) of the Act shall include the following:

1. A copy of the by-law and an explanation of its purpose and effect.

2. A description of the land or a key map showing the land to which the by-law applies, or, alternatively, an explanation as to why a description or key map is not provided.

3. A statement that the council or the planning board has authority to extend the period during which the by-law will be in effect to a total period not exceeding two years.

4. The last date for filing a notice of appeal of the by-law and a statement that the notice of appeal must be filed with the clerk of the municipality or the secretary-treasurer of the planning board, must set out the reasons for the appeal and must be accompanied by the fee required by the Ontario Municipal Board.

5. The following statement:

Only individuals, corporations and public bodies may appeal an interim control by-law to the Ontario Municipal Board. A notice of appeal may not be filed on behalf of an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or the group on its behalf. O. Reg. 199/96, s. 6 (5).

7. Omitted (revokes other Regulations and provides for transition). O. Reg. 199/96, s. 7.

8. Omitted (provides for coming into force of provisions of the English version of this Regulation). O. Reg. 199/96, s. 8.

SCHEDULE
INFORMATION AND MATERIAL TO BE PROVIDED IN AN APPLICATION UNDER SUBSECTION 34 (10.1) OF THE ACT

1. The name, address and telephone number of the applicant.

2. If known, the names and addresses of the holders of any mortgages, charges or other encumbrances in respect of the subject land.

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

4. The current zoning of the subject land.

5. The nature and extent of the rezoning requested.

6. The reason why the rezoning is requested.

7. The description of the subject land, such as the municipality, concession and lot numbers, registered plan and lot numbers, reference plan and part numbers and name of street and number.

8. The frontage, depth and area of the subject land.

9. Whether access to the subject land is by a provincial highway, a municipal road that is maintained all year or seasonally, another public road or a right of way or by water.

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

11. The existing uses of the subject land.

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

13. If the answer to item 12 is yes, for each building or structure, the type of building or structure, the setback from the front lot line, rear lot line and side lot lines, the height in metres of the building or structure and the dimensions or floor area of the building or structure.

14. The proposed uses of the subject land.

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

16. If the answer to item 15 is yes, for each building or structure, the type of building or structure, the setback from the front lot line, rear lot line and side lot lines, the height in metres of the building or structure and the dimensions or floor area of the building or structure.

17. If known, the date the subject land was acquired by the current owner.

18. If known, the date the existing buildings or structures on the subject land were constructed.

19. If known, the length of time that the existing uses of the subject land have continued.

20. Whether water is 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 is 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. Whether storm drainage is provided by sewers, ditches, swales or other means.

23. If known, whether the subject land is the subject of an application under the Act for approval of a plan of subdivision or a consent.

24. If the answer to item 23 is yes, and if known, the file number of the application and the status of the application.

25. If known, whether the subject land has ever been the subject of an application under section 34 of the Act.

26. A sketch showing the following:

i. The boundaries and dimensions of the subject land.

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

iii. The approximate location of all natural and artificial features on the subject land and on land that is adjacent to the subject land that, in the opinion of the applicant, may affect the application. Examples include buildings, railways, roads, watercourses, drainage ditches, river or stream banks, wetlands, wooded areas, wells and septic tanks.

iv. The current uses on land that is adjacent to the subject land.

v. 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.

vi. If access to the subject land is by water only, the location of the parking and docking facilities to be used.

vii. The location and nature of any easement affecting the subject land.

27. An affidavit or sworn declaration by the applicant that the information required under this Schedule and provided by the applicant is true.

O. Reg. 199/96, Sched.; O. Reg. 428/96, s. 2.

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