The Wood Bull Guides

Section 34, Subsections (1) to (10) [Zoning By-laws]

Bill 139 did not amend subsections 34(1) to 34(10).


Click here to expand all subsections below or click on the individual subsection to expand/collapse the details for that subsection

  • 34(1) ZONING BY-LAWS

    34 (1) Zoning by-laws may be passed by the councils of local municipalities:

    Restricting use of land

    1. For prohibiting the use of land, for or except for such purposes as may be set out in the by-law within the municipality or within any defined area or areas or abutting on any defined highway or part of a highway.

    Restricting erecting, locating or using of buildings

    2. For prohibiting the erecting, locating or using of buildings or structures for or except for such purposes as may be set out in the by-law within the municipality or within any defined area or areas or upon land abutting on any defined highway or part of a highway.

    Marshy lands, etc.

    3. For prohibiting the erection of any class or classes of buildings or structures on land that is subject to flooding or on land with steep slopes, or that is rocky, low-lying, marshy, unstable, hazardous, subject to erosion or to natural or artificial perils.

    Contaminated lands; sensitive or vulnerable areas

    3.1 For prohibiting any use of land and the erecting, locating or using of any class or classes of buildings or structures on land,

    i. that is contaminated,

    ii. that contains a sensitive groundwater feature or a sensitive surface water feature, or

    iii. that is within an area identified as a vulnerable area in a drinking water source protection plan that has taken effect under the Clean Water Act, 2006.

    Natural features and areas

    3.2 For prohibiting any use of land and the erecting, locating or using of any class or classes of buildings or structures within any defined area or areas,

    i. that is a significant wildlife habitat, wetland, woodland, ravine, valley or area of natural and scientific interest,

    ii. that is a significant corridor or shoreline of a lake, river or stream, or

    iii. that is a significant natural corridor, feature or area.

    Significant archaeological resources

    3.3 For prohibiting any use of land and the erecting, locating or using of any class or classes of buildings or structures on land that is the site of a significant archaeological resource.

    Construction of buildings or structures

    4. For regulating the type of construction and the height, bulk, location, size, floor area, spacing, character and use of buildings or structures to be erected or located within the municipality or within any defined area or areas or upon land abutting on any defined highway or part of a highway, and the minimum frontage and depth of the parcel of land and the proportion of the area thereof that any building or structure may occupy.

    Minimum elevation of doors, etc.

    5. For regulating the minimum elevation of doors, windows or other openings in buildings or structures or in any class or classes of buildings or structures to be erected or located within the municipality or within any defined area or areas of the municipality.

    Loading or parking facilities

    6. For requiring the owners or occupants of buildings or structures to be erected or used for a purpose named in the by-law to provide and maintain loading or parking facilities on land that is not part of a highway.  R.S.O. 1990, c. P.13, s. 34 (1); 1994, c. 23, s. 21 (1, 2); 1996, c. 4, s. 20 (1-3); 2006, c. 22, s. 115.

  • 34(2) PITS AND QUARRIES

    34(2) The making, establishment or operation of a pit or quarry shall be deemed to be a use of land for the purposes of paragraph 1 of subsection (1).  R.S.O. 1990, c. P.13, s. 34 (2).

  • 34(3) AREA, DENSITY AND HEIGHT

    34(3) The authority to regulate provided in paragraph 4 of subsection (1) includes and, despite the decision of any court, shall be deemed always to have included the authority to regulate the minimum area of the parcel of land mentioned therein and to regulate the minimum and maximum density and the minimum and maximum height of development in the municipality or in the area or areas defined in the by-law.  2006, c. 23, s. 15 (1).

  • 34(3.1) CITY OF TORONTO

    34(3.1) Subsection (3) does not apply with respect to the City of Toronto.  2006, c. 23, s. 15 (2).

  • 34(4) INTERPRETATION

    34(4) A trailer as defined in subsection 164 (4) of the Municipal Act, 2001 or subsection 3 (1) of the City of Toronto Act, 2006, as the case may be, and a mobile home as defined in subsection 46 (1) of this Act are deemed to be buildings or structures for the purpose of this section.  2006, c. 32, Sched. C, s. 47 (5).

  • 34(5) PROHIBITION OF USE OF LAND, ETC., AVAILABILITY OF MUNICIPAL SERVICES

    34(5) A by-law passed under paragraph 1 or 2 of subsection (1) or a predecessor of that paragraph may prohibit the use of land or the erection or use of buildings or structures unless such municipal services as may be set out in the by-law are available to service the land, buildings or structures, as the case may be.  R.S.O. 1990, c. P.13, s. 34 (5).

  • 34(5.1) LOADING OR PARKING FACILITIES – BY-LAW PROVISIONS

    34(5.1) A by-law passed under paragraph 6 of subsection (1) shall include the prescribed provisions and provisions about the prescribed matters.  2016, c. 25, Sched. 4, s. 3 (1).

  • 34(6) CERTIFICATES OF OCCUPANCY

    34(6) A by-law passed under this section may provide for the issue of certificates of occupancy without which no change may be made in the type of use of any land covered by the by-law or of any building or structure on any such land, but no such certificate shall be refused if the proposed use is not prohibited by the by-law.  R.S.O. 1990, c. P.13, s. 34 (6).

  • 34(7) USE OF MAPS

    34(7) Land within any area or areas or abutting on any highway or part of a highway may be defined by the use of maps to be attached to the by-law and the information shown on such maps shall form part of the by-law to the same extent as if included therein.  R.S.O. 1990, c. P.13, s. 34 (7).

  • 34(8) ACQUISITION AND DISPOSITION OF NON-CONFORMING LANDS

    34(8) The council may acquire any land, building or structure used or erected for a purpose that does not conform with a by-law passed under this section and any vacant land having a frontage or depth less than the minimum established for the erection of a building or structure in the defined area in which such land is situate, and the council may dispose of any of such land, building or structure or may exchange any of such land for other land within the municipality.  R.S.O. 1990, c. P.13, s. 34 (8); 1996, c. 4, s. 20 (4).

  • 34(9) EXCEPTED LANDS AND BUILDINGS

    34(9) No by-law passed under this section applies,

    (a) to prevent the use of any land, building or structure for any purpose prohibited by the by-law if such land, building or structure was lawfully used for such purpose on the day of the passing of the by-law, so long as it continues to be used for that purpose; or

    (b) to prevent the erection or use for a purpose prohibited by the by-law of any building or structure for which a permit has been issued under subsection 8 (1) of the Building Code Act, 1992, prior to the day of the passing of the by-law, so long as the building or structure when erected is used and continues to be used for the purpose for which it was erected and provided the permit has not been revoked under subsection 8 (10) of that Act.  R.S.O. 1990, c. P.13, s. 34 (9); 2009, c. 33, Sched. 21, s. 10 (1).

  • 34(10) BY-LAW MAY BE AMENDED

    34(10) Despite any other provision of this section, any by-law passed under this section or a predecessor of this section may be amended so as to permit the extension or enlargement of any land, building or structure used for any purpose prohibited by the by-law if such land, building or structure continues to be used in the same manner and for the same purpose as it was used on the day such by-law was passed.  R.S.O. 1990, c. P.13, s. 34 (10).

 


Bill 139 received Royal Assent on 12 December 2017, and came into force on 3 April 2018, the day named by proclamation of the Lieutenant Governor. 

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