Introduction: When a proposed development or land use doesn’t conform to the current zoning by-law in a significant way, a rezoning, formally known as a Zoning By-law Amendment (ZBA), is required. Rezoning is a process to change the permitted use, density, or other major provisions of the zoning for a property. This blog will explain when you need a rezoning, outline the application process, and provide tips on successfully changing a zoning by-law to suit your project.
What is a Zoning By-law Amendment? Every property in a municipality is governed by a zoning by-law that specifies permitted uses (e.g. residential, commercial) and standards (building height, setbacks, etc.). A Zoning By-law Amendment is used for major revisions to these rules. Essentially, rezoning changes what you are allowed to do on the land in a more substantial way than a minor variance. For example:
- Changing the land use (e.g. from residential to commercial), or adding a new category of use (like adding permission for an apartment building in a low-density zone).
- Significantly increasing the allowed building height or density (number of units) beyond what the current zoning permits.
- Altering development standards on a larger scale than “minor” – perhaps reducing parking requirements for a big project, or changing setback rules for an entire site redevelopment.
In short, if you want to use or develop your property in a way not permitted by the existing zoning by-law, you will likely need to apply for a rezoning (often called a “site-specific” zoning amendment for your property).
When is Rezoning Required vs. a Minor Variance? A common question is how to know if you need a rezoning or if a minor variance will suffice. Generally, if the change is qualitatively or quantitatively large – for example, introducing a completely new use (like adding retail use to a residential zone) or a significant increase in building size – it will require rezoning. Minor variances, by contrast, cover small deviations in existing permissions. Municipal planners will guide you: during pre-application discussions, they’ll determine if your proposal goes beyond what can be considered “minor.”
Rezoning Process Overview: Rezoning is a more involved process than a minor variance, because it effectively changes the law (the zoning by-law) as it applies to your property. Here’s how it typically works:
- Pre-Consultation: Most municipalities require a pre-application meeting for rezoning proposals. At this meeting, you’ll share your development concept and city planners will outline required studies or adjustments. You’ll also learn if an Official Plan Amendment (OPA) is needed in conjunction – rezonings must conform to the Official Plan, so if not, you must seek an OPA as well (covered in the next blog).
- Complete Application Submission: A rezoning application usually requires detailed information – a completed form, fees, architectural/site plans, and technical studies (e.g. traffic, environmental, servicing) depending on the project. The goal is to demonstrate why the change is appropriate. Upon submission, the city will review and declare the application complete if all required information is provided. Then the formal review starts.
- Notice & Public Meeting: Rezoning involves public consultation as mandated by the Planning Act. The city will give notice of your application/proposal to neighbors (typically within 120 meters) and publish it in a local newspaper or city website. They will also schedule a public meeting (often as part of a Planning Committee or Council meeting). At the public meeting, you or your planner will present the proposal, city planning staff will provide their analysis and recommendation, and members of the public can voice support or concerns. Commonly, neighbors might raise issues like traffic, parking, or compatibility with the area.
- Staff Review: In parallel with the public notification, the municipal planning staff circulates your application to various departments (engineering, transportation, parks, etc.) and external agencies (conservation authority, utility companies, etc.) for comments. They will review whether your rezoning makes sense given provincial policies, the Official Plan, and technical considerations. City staff will often work with you to address any issues – this might mean revising plans (for example, adding landscaping buffers or adjusting building height) or agreeing to certain conditions. After this review, planning staff prepare a report with a recommendation to either approve (with conditions) or refuse the rezoning.
- Council Decision: The final decision on a zoning by-law amendment is made by the municipal council (or a committee of council that is then ratified by council). At the public meeting (or a subsequent meeting), council considers the staff report, public input, and your submissions. They may ask questions or request changes. Then, council votes to either pass the zoning by-law amendment (approving your rezoning) or reject it. In some cases, they might defer a decision to gather more information or if significant changes are required. If an approval is given, it often comes with conditions (for example, you might have to sign a site plan agreement, or follow certain plans).
- Appeal Period: After council passes the zoning by-law amendment, there is a 20-day appeal period. During this window, anyone who provided oral or written comments on the application can appeal the decision to the Ontario Land Tribunal. If no appeals are filed, the rezoning by-law is finalized and your land officially has the new zoning in place. If an appeal is filed, the project’s fate will be decided through the Tribunal process (see Blog 7 on OLT appeals).
Timelines: Rezoning in Ontario generally takes several months. The Planning Act sets a timeline of 90 days for council to make a decision on a ZBA (or 120 days if an OPA is also involved) before the applicant could appeal for non-decision. In practice, straightforward rezonings (that face little opposition and align with planning policies) might be completed in 3-6 months. More complex or controversial ones can take longer, especially if significant revisions or negotiations are needed.
Tips for a Successful Rezoning: Rezoning is a complex process, but below are strategies to improve your chance of success:
- Align with the Official Plan: Ensure your proposal either conforms to the Official Plan or make a concurrent application to amend it if necessary. Council is obligated to uphold its Official Plan. Demonstrating that your project supports the city’s long-term vision (e.g. intensification in a growth area, providing affordable housing, etc.)[27][28] gives it a solid foundation.
- Community Engagement: Proactively reach out to neighbors and the local councillor before and during the process. An open house or informal meeting to explain your project can help address concerns early. Sometimes community input can be incorporated (such as adjusting building design or adding privacy fencing) to garner support or reduce objections. A project with less public opposition is far more likely to sail through council.
- Professional Planning Rationale: Submit a thorough planning justification report prepared by a qualified planner. This report should detail why the rezoning is good planning – referencing provincial policy, municipal plans, and sound planning principles. It should also address potential issues (traffic, noise, shadow, etc.) and how they’ll be mitigated. A compelling, evidence-based case can persuade both city staff and council that the change is beneficial.
- Address Technical Requirements: Work closely with city staff and consultants to satisfy all technical departments. For example, if transportation staff worry about traffic, be ready with a traffic study that shows manageable impacts. If the site is near a floodplain, consult the conservation authority early. Clearing these hurdles means fewer reasons for staff or council to say no.
- Patience and Flexibility: Recognize that rezoning is iterative. Be ready to make modifications to your proposal if required. It could be scaling down height, increasing setbacks, or other design changes. By showing flexibility and willingness to collaborate with the city, you increase trust and the likelihood of approval. Also, be patient—delays can happen (meetings get deferred, additional studies requested). Keep communication open with the planning staff about any timeline expectations (especially if you’re trying to meet project schedules).
Conclusion: Rezoning can unlock new potential for a property – allowing developments that current zoning would prohibit. While it’s a longer and more complex path than minor variances, a well-prepared application that aligns with good planning principles has a strong chance of success. Navigating a rezoning requires diligence: do your homework, engage experts, and work with the community and municipal staff. With these steps, you can turn a challenging rezoning process into a successful outcome, paving the way for your development vision to become reality.