Town of Oakville’s New Comprehensive Zoning By-law: How this affects you!

The Town of Oakville is currently in the process of developing a new comprehensive Zoning By-law. This will implement the Town’s Official Plan (approved by the Ontario Municipal Board on May 10, 2011), and replace the existing Zoning By-law 1984-63.

The following is a brief overview of the effect of zoning by-laws, and how the changes the Town is proposing will impact you and how you can get involved in the process.

What is a Zoning By-law?

A Zoning By-law implements the Town’s plans for the growth and development of the community as set out in the Official Plan. It establishes the uses that may be permitted on a property, and the regulations that govern the property: e.g. lot coverage area, density, height, setbacks, parking, etc. The Zoning By-law will impact not only the current use of a property, but also any future anticipated uses.

The proposed By-law introduces new use categories, and changes many of the currently permitted uses and regulations for many properties.

How do you know if you are affected?

If you own land in the Town of Oakville, south of Dundas Street, or North of Highway 407, you are affected. It is critically important that you take the time now, to review the proposed By-law as it affects your property and assess the implications for your business. Do not put this off. Now is the time! You can review the proposed zoning for your property online on the Town’s website, or through the Town’s online, ‘Explore Oakville’ system.

An Important Public Process

Under the Planning Act, if you do not make any submissions to the Town before the By-law is passed by Council, then you have no right to appeal to the Ontario Municipal Board. The Town has planned for several open houses and a statutory public meeting over the next few weeks:

• Open House: Queen Elizabeth Park Community and Cultural Centre, 2302 Bridge Road, Wednesday, October 16; 2 to 4 p.m. or 7 to 9 p.m.
• Open House: Town Hall, Oakville/Trafalgar Rooms; 1225 Trafalgar Road; Thursday, October 17; 2 to 4 p.m. or 7 to 9 p.m.
• Statutory Public Meeting, Town Hall, Council Chambers, 1225 Trafalgar Road; Monday, November 4; 7p.m.

You are strongly encouraged to make submissions to the Town to preserve your right to appeal the By-law.

Next Steps for Property Owners in Oakville

In terms of timing, the Town is planning for a target adoption date of January or February 2014. Therefore, you should start by reviewing the proposed zoning for your property, and continue to monitor this as new versions are released.

Next, you should also plan to attend a scheduled open house, or the statutory public meeting, and make submissions to the Town on the impact of the new zoning By-law on your property.

The municipal lawyers at O’Connor MacLeod Hanna LLP, are carefully monitoring the proposed changes. They can assist you in determining the impact of the proposed Zoning By-law on your property, or provide other assistance as necessary.

The foregoing should not be considered to be legal advice and should not be relied upon as such. Please consult a lawyer to get advice and an opinion on your unique circumstances.