Zoning By-law Amendment Approval Process

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Zoning By-law Amendment Approval Process

What is a Zoning By-law Amendment (ZBA)?

If a landowner wishes to alter or develop a site in a way that does not conform with the City’s Zoning By-law, they must apply for a site-specific amendment to the Zoning By-law. A Zoning By-law Amendment may change the use of land (e.g., from commercial to residential), the maximum height of a building, parking requirements or other development standards which regulate what can be built on a specific site.

An application (PDF) to amend Zoning By-law 1-88 is available from the planning forms centre. Information related to the Zoning By-law Amendment Application process can be obtained by calling 905-832-2281. Ask for the planner assigned to the file or the community area.

What is the Zoning By-law 1-88?

The City of Vaughan has one Zoning By-law for the City. The Zoning By-law 1-88 (PDF) establishes the standards of development within the city by regulating matters such as the use of land, location, height, size, floor area, parking, spacing of buildings, etc.

Professional zoning examiners are available to assist you in the interpretation of Zoning By-law 1-88. Staff may be contacted in the Building Standards department at Vaughan City Hall at 905-832-2281.

Zoning By-law Amendment (ZBA) process

Pre-application consultation

Before submitting an application to amend Zoning By-law 1-88, the landowner must attend a pre-application consultation (PDF) meeting with the Development Planning department. The purpose of this meeting is for the landowner to present a proposal and for City staff to identify, on a preliminary basis only, the required information for a complete submission of a Zoning By-law Amendment (ZBA) Application.

Submitting an application

When a ZBA application is submitted, the landowner must pay a fee in accordance with the applicable Tariff of Fees for Planning Applications By-law (PDF).

The planner assigned to the file will send an acknowledgment letter to the landowner advising of the file number and setting out any additional requirements to be completed. In addition, the City is required to send a "Notice of Complete Application" within 30 days of receipt of the application, if all application requirements are satisfied. If all application requirements are not satisfied, a "Notice of Incomplete Application" will be sent to the applicant and processing of the application will not commence until the application requirements are fully satisfied. The application will be circulated to all internal departments and external agencies as affected.

A public notification sign must be installed on the property within 14 days of submitting the application and removed within seven days of Vaughan Council having made a decision in accordance with the City's Notice Sign: Procedures and Protocols (PDF).

A typical ZBA Application requires approximately four to six months to complete, depending on complexity. The process period commences once a complete application is received. If the ZBA Application is approved, an additional surcharge fee is required.

Public meeting

Upon receipt of a complete ZBA Application, a public meeting will be scheduled. A notice of the public meeting will be circulated at a minimum of 20 days before the meeting by the City to all residents within a minimum of 150 metres of the site in question. The landowner must attend this meeting to make a brief presentation of the proposal before Vaughan Council and to respond to any questions from Vaughan Council or the public.

Committee of the Whole

After the public meeting, at least eight to 12 weeks is required to assess the application and receive comments and conditions from circulated parties. The Development Planning department will prepare a technical report with a recommendation to the Committee of the Whole. The Committee of the Whole recommendation is forwarded to the following Vaughan Council meeting for approval.

Zoning By-law Amendment adoption/approval

If approved, a Zoning By-law Amendment is prepared by the Development Planning department and forwarded to Vaughan Council for adoption. If the application is refused, the landowner may appeal Vaughan Council's decision to the Ontario Land Tribunal within 20 days of the date of the "Notice of Decision" from the Office of the City Clerk.

20-day Appeal Process

After the ZBA is passed, a "Notice of Decision" is mailed to residents within 150 metres, as well as required agencies by the Office of the City Clerk. This initiates a 20-day appeal period within which anyone can appeal the enacted ZBA to the Ontario Land Tribunal. If no appeals have been received before the appeal period expires, a final "Notice of Decision" is mailed, and the ZBA is deemed to have come into effect on the day of passing.

Zoning By-law amendment to remove the Holding Symbol (H)

A ZBA Application is also used to remove the Holding Symbol (H) from affected lands. A Holding Symbol (H) is used when certain conditions of approval (e.g., servicing must be allocated by Vaughan Council) must be satisfied before a building permit can be issued.

An application to amend Zoning By-law 1-88 to remove a Holding Symbol (H) is available from the planning forms centre. Information related to the Zoning By-law Amendment Application to remove the Holding Symbol (H) process can be obtained by calling 905-832-2281. Ask for the planner assigned to the file or the community area.

Submitting an application

When submitting a ZBA Application (PDF), a fee is required in accordance with the applicable Tariff of Fees for Planning Applications By-law (PDF).

The City planner assigned to the file will send an acknowledgment letter to the owner advising of the file number and setting out any additional requirements to be completed by the landowner.

A typical Zoning By-law Amendment Application to remove a Holding Symbol (H) requires approximately two to three months to complete, depending on complexity. The process period commences once a complete application is received.

Application review

The City planner will review the existing conditions associated with the removal of the Holding Symbol (H) to ensure that all conditions have been satisfied. After confirmation that the existing conditions have been satisfied, the planner will prepare a by-law to remove the Holding Symbol (H). The by-law will be circulated to City staff for review and approval prior to being scheduled for a City of Vaughan Council meeting.

The planner will prepare a "Notice of Intention to Enact a By-law to remove the Holding Symbol (H)". This notice will be circulated to all adjacent property owners of the property to which the Holding Symbol (H) applies. City of Vaughan Council will either enact or refuse the by-law to remove the Holding Symbol (H).

Appeal process

If City of Vaughan Council refuses or neglects to make a decision within 120 days after receipt of the application, the applicant may appeal to the Ontario Land Tribunal.

Contact Information

Development Planning Department

Phone: 905-832-2281 ext. 8924

Email: developmentplanning@vaughan.ca

Location:
Vaughan City Hall, Level 200
2141 Major Mackenzie Dr.
Vaughan, ON L6A 1T1

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