Zoning By-law Amendment

When do I need a Zoning By-law Amendment (ZBA)?

If you want to use, alter, or develop your property in a way that conflicts with the Zoning By-law, then you will need to apply for a ZBA. Speak with the Town's Planning staff before making your application for a ZBA. Planning staff can let you know if the change is possible, what problems you might encounter, and how to apply.

When can I apply for an ZBA?

You may not be able to apply for an application to amend the Town's Zoning By-law if your municipality passed a new comprehensive Zoning By-law within the past two years. However, your application would be allowed if Council has passed a resolution to allow it.

Process for a Zoning By-law Amendment (ZBA)

When you apply to amend a Zoning By-law Amendment, you must submit the information identified at pre-consultation.

Staff must review your application within 30 days of receiving it to determine if the application is complete or incomplete. If staff fail to do so, you can contact the Local Planning Appeal Tribunal (LPAT) for a determination if the application is complete. The applicant has 30 days to make a motion to the LPAT for a decision on the matter. The LPAT's decision is final.

The proposed ZBA is circulated to both internal department and external agencies such as York Region and Lake Simcoe Region Conservation Authority for review.

A public planning meeting is scheduled to introduce the proposed application.

Once Planning staff has enough information available to give a recommendation, a recommendation report is taken to Council for their consideration. If Town Council refuses or fails to consider your ZBA within 210 days (approximately 7 months) after the requested information and material is submitted, you may bring the proposed ZBA to the LPAT for a decision.

Other types of Zoning By-law Amendment applications

The following applications follow a similar process as the Zoning By-law Amendment:

• Temporary Use By-law -Where the Zoning By-law is amended only for a fixed number of years. Please note that a Temporary Use By-law can be extended.
• Removal of H - At times, lands maybe re-zoned by Council which would put a condition on the property. The symbol to represent such condition is called “Holding (H) Provision”. Typically, the condition is related to the lack of servicing. The “H” cannot be removed, and development cannot occur until servicing is available.
• Interim Control By-Law - This is a when the municipality puts a freeze over an area of the Town to prevent any further amendments to the Zoning By-law until staff has completed a land use study. The land use study is to determine what is appropriate for this area. The Interim Control By-law (ICBL) is only for 1 year, but it can be extended by Council.

Please contact Planning staff to find out which type of application is most appropriate for your development.

Application Form and Guide

Please use the Application Form and Guide for your ZBA. This document is available in other formats. To request, please email the Planning Branch.