Acts and Regulations

2017, c.19 - Community Planning Act

Section 53
Disposition versions

Full text
Making of zoning by-law
53(1)On the adoption of a municipal plan, a council shall
(a) immediately proceed to draft a zoning by-law to carry out the intent of the plan, and
(b) make the zoning by-law within
(i) one year, or
(ii) a longer period or periods, not to exceed a total of two years, as the Minister, after consultation with the municipality, may decide.
53(1.1)A zoning by-law shall be prepared or amended under the direction of
(a) the planning director or another planner engaged by the council and responsible to the planning director, or
(b) in the case of a municipality not providing its own land use planning service, the planning director as defined in the Regional Service Delivery Act, or another planner engaged by the regional service commission and responsible to the planning director, if the regional service commission prepares the plan.
53(1.2)The planning director or other planner referred to paragraph (1.1)(a) or (b), as the case may be, shall certify that the content of the zoning by-law complies with the provisions of this Act and the regulations under this Act.
53(1.3)A zoning by-law shall be prepared in consultation with the Minister and any government department or person specified by the Director.
53(2)For greater certainty and without limiting subsection (1), a zoning by-law shall divide the municipality into zones, prescribe the purposes for which land, buildings and structures in a zone may be used and prohibit the use of land, buildings and structures for any other purpose, and may
(a) with respect to a zone, regulate
(i) the size and dimensions of lots and other parcels into which land may be subdivided, and the size and dimensions of land required for a particular class of use or size of building or structure,
(ii) the density of population,
(iii) the height, number of storeys, ground area, floor area and bulk of buildings and structures,
(iv) the percentage of land that may be built on, and the depth, size or area of yards, courts, parking areas and open spaces,
(v) the placement, location and arrangement of buildings and structures, including their setting back from the boundaries of streets and other public areas, and from rivers, streams or other bodies of water,
(vi) the design, character and appearance of buildings and structures,
(vii) the placement, height and maintenance of fences, walls, hedges, shrubs, trees and other objects,
(viii) the types, dimensions and locations of means of access of lots to streets,
(ix) the facilities to be provided and maintained for off-street parking and loading of vehicles,
(x) the size of rooms and the means of lighting and ventilating buildings,
(xi) the excavation of sand, gravel, clay, shale, limestone or other deposits for purposes of the sale or other commercial use of the material excavated,
(xii) the altering of land levels for building or other purposes in so far as this may affect surface drainage,
(xiii) the location, dimensions, standards of construction and purposes of advertising signs and billboards,
(xiv) the preservation and planting of trees,
(xv) the location of buildings and structures in relation to sources of public water supply, and
(xvi) subject to standards established under an Act of the Parliament of Canada or the Legislature, standards of pollution control to which permitted uses must conform;
(b) prohibit, unless a permit is obtained,
(i) a change in the purpose for which land or a building or structure is used,
(ii) the use of land, buildings and structures for the purpose of displaying advertising signs and billboards, or
(iii) an excavation referred to in subparagraph (a)(xi),
(c) prescribe a system of permits, their terms and conditions, the conditions under which they may be issued, suspended, reinstated, revoked and renewed, their form and the fees for the permits,
(d) prohibit the erection of a building in respect of which, in the opinion of the council, satisfactory arrangements have not been made for the supply of electric power, water, sewerage, street or other services or facilities,
(e) require the improvement, removal or demolition of a building or structure that, in the opinion of the council, is dilapidated, dangerous or unsightly, and empower the council to improve, remove or demolish the building or structure at the expense of the owner or to acquire the parcel of land on which the building or structure is situated,
(f) prescribe standards with respect to the appearance of land in a zone and require landscaping and improvements in accordance with standards prescribed in the by-law,
(g) designate specific uses of land, buildings or structures, otherwise permitted in a zone, as being subject to any special conditions or standards as may be stated in the by-law,
(g.1) provide for inclusionary zoning, subject to and in accordance with the regulations, including authorizing the council to enter into agreements;
(h) prohibit the erection of a building or structure on a site where it would otherwise be permitted under the by-law if, in the opinion of the advisory committee or regional service commission, the site is marshy, subject to flooding, excessively steep or otherwise unsuitable for a proposed purpose by virtue of its soil or topography,
(i) empower the advisory committee or regional service commission, subject to the terms and conditions as it considers fit,
(i) to authorize for a temporary period not exceeding one year a development otherwise prohibited by the by-law;
(ii) to authorize, for an additional temporary period not exceeding one year, a development otherwise prohibited by the by-law if
(A) the applicant holds an authorization under subparagraph (i) that is to expire or has expired,
(B) an application with respect to the land has been made to amend the applicable zoning by-law or rural plan, and
(C) the advisory committee or regional service commission has received a resolution from the council confirming that the council will consider the application referred to in clause (B); and
(iii) to require the termination or removal of a development authorized under subparagraph (i) or (ii) at the end of the authorized period,
(j) empower the advisory committee or regional service commission
(i) to delegate its authority under paragraph (i) to the development officer, and
(ii) to authorize a delegate under subparagraph (i) to further delegate their authority under paragraph (i) to a person,
(k) provide that the council may, in its discretion, allow a developer to pay to the municipality a sum of money in lieu of providing the off-street parking required by the by-law, the amount payable to be determined according to a fixed amount per parking space as provided by the by-law, and payable on the terms and conditions the council determines,
(l) provide that anyone who applies to the council for an amendment to the by-law shall pay a fee to the council and that the council may, if it decides to, return all or part of the fee to the applicant,
(m) provide
(i) procedures for applying for amendments to the by-law,
(ii) conditions and standards under which changes in zones may be made, or
(iii) that the council will not consider applications for amendments or re-submissions of applications for amendments, except at a time specified in the by-law,
(n) prescribe types of development that are exempted from the provisions of section 108, and
(o) prescribe standards and provisions with respect to the establishment of overlay zones.
53(3)In prescribing the purposes for which land, buildings and structures in a zone may be used, a zoning by-law may
(a) establish classes of purposes with respect to main, secondary and accessory uses and permit land, buildings or structures to be used for
(i) one or more classes of purpose, or
(ii) one or more purposes in a class;
(b) subject to section 58, permit developments consisting of combinations of uses of land, buildings and structures in a zone to be known as an integrated development zone if
(i) the combinations of uses are contained in a specific proposal described in a resolution or agreement adopted or entered into under section 59, and
(ii) the land to be developed is rezoned for purposes of the development, and
(c) prescribe particular purposes
(i) in respect of which the advisory committee or regional service commission, subject to subsection (5), may impose terms and conditions, and
(ii) that may be prohibited by the advisory committee or regional service commission if compliance with terms and conditions imposed under subparagraph (i) cannot reasonably be expected.
53(4)Terms and conditions imposed under paragraph (3)(c) shall be limited to those considered necessary by the advisory committee or regional service commission to protect
(a) properties within the zone or in abutting zones, or
(b) the health, safety and welfare of the general public.
53(5)The zones into which a municipality is divided by a zoning by-law shall be shown on a map or plan attached to and forming part of the by-law.
53(6)A map or plan referred to in subsection (5) may indicate any streets affected by a deferred widening by-law and any building line established by the by-law.
53(7)If the location of a building or structure encroaches up to 60 cm on a set-back requirement under subparagraph (2)(a)(v), or encroaches up to 30 cm on a yard requirement under subparagraph (2)(a)(iv), the encroachment does not constitute a violation of the requirements of the by-law, if it occurs in good faith.
53(8)An encroachment under subsection (7) is deemed to have occurred in good faith if the development officer, or a person to whom the development officer has delegated the power, so attests.
53(9)A delegation authorized under paragraph (2)(j) shall be in writing and include
(a) the manner in which the delegate is to exercise their authority, and
(b) any limitations, terms or conditions on the manner in which the delegate is to exercise their authority.
2021, c.44, s.1
Making of zoning by-law
53(1)On the adoption of a municipal plan, a council shall
(a) immediately proceed to draft a zoning by-law to carry out the intent of the plan, and
(b) make the zoning by-law within
(i) one year, or
(ii) a longer period or periods, not to exceed a total of two years, as the Minister, after consultation with the municipality, may decide.
53(2)For greater certainty and without limiting subsection (1), a zoning by-law shall divide the municipality into zones, prescribe the purposes for which land, buildings and structures in a zone may be used and prohibit the use of land, buildings and structures for any other purpose, and may
(a) with respect to a zone, regulate
(i) the minimum size and dimensions of lots and other parcels into which land may be subdivided, and the minimum size and dimensions of land required for a particular class of use or size of building or structure,
(ii) the maximum density of population,
(iii) the height, number of storeys, ground area, floor area and bulk of buildings and structures,
(iv) the percentage of land that may be built on, and the depth, size or area of yards, courts, parking areas and open spaces,
(v) the placement, location and arrangement of buildings and structures, including their setting back from the boundaries of streets and other public areas, and from rivers, streams or other bodies of water,
(vi) the design, character and appearance of buildings and structures,
(vii) the placement, height and maintenance of fences, walls, hedges, shrubs, trees and other objects,
(viii) the types, dimensions and locations of means of access of lots to streets,
(ix) the facilities to be provided and maintained for off-street parking and loading of vehicles,
(x) the size of rooms and the means of lighting and ventilating buildings,
(xi) the excavation of sand, gravel, clay, shale, limestone or other deposits for purposes of the sale or other commercial use of the material excavated,
(xii) the altering of land levels for building or other purposes in so far as this may affect surface drainage,
(xiii) the location, dimensions, standards of construction and purposes of advertising signs and billboards,
(xiv) the preservation and planting of trees,
(xv) the location of buildings and structures in relation to sources of public water supply, and
(xvi) subject to standards established under an Act of the Parliament of Canada or the Legislature, standards of pollution control to which permitted uses must conform;
(b) prohibit, unless a permit is obtained,
(i) a change in the purpose for which land or a building or structure is used,
(ii) the use of land, buildings and structures for the purpose of displaying advertising signs and billboards, or
(iii) an excavation referred to in subparagraph (a)(xi),
(c) prescribe a system of permits, their terms and conditions, the conditions under which they may be issued, suspended, reinstated, revoked and renewed, their form and the fees for the permits,
(d) prohibit the erection of a building in respect of which, in the opinion of the council, satisfactory arrangements have not been made for the supply of electric power, water, sewerage, street or other services or facilities,
(e) require the improvement, removal or demolition of a building or structure that, in the opinion of the council, is dilapidated, dangerous or unsightly, and empower the council to improve, remove or demolish the building or structure at the expense of the owner or to acquire the parcel of land on which the building or structure is situated,
(f) prescribe standards with respect to the appearance of land in a zone and require landscaping and improvements in accordance with standards prescribed in the by-law,
(g) designate specific uses of land, buildings or structures, otherwise permitted in a zone, as being subject to any special conditions or standards as may be stated in the by-law,
(h) prohibit the erection of a building or structure on a site where it would otherwise be permitted under the by-law if, in the opinion of the advisory committee or regional service commission, the site is marshy, subject to flooding, excessively steep or otherwise unsuitable for a proposed purpose by virtue of its soil or topography,
(i) empower the advisory committee or regional service commission, subject to the terms and conditions as it considers fit,
(i) to authorize for a temporary period not exceeding one year a development otherwise prohibited by the by-law;
(ii) to authorize, for an additional temporary period not exceeding one year, a development otherwise prohibited by the by-law if
(A) the applicant holds an authorization under subparagraph (i) that is to expire or has expired,
(B) an application with respect to the land has been made to amend the applicable zoning by-law or rural plan, and
(C) the advisory committee or regional service commission has received a resolution from the council confirming that the council will consider the application referred to in clause (B); and
(iii) to require the termination or removal of a development authorized under subparagraph (i) or (ii) at the end of the authorized period,
(j) empower the advisory committee or regional service commission
(i) to delegate its authority under paragraph (i) to the development officer, and
(ii) to authorize a delegate under subparagraph (i) to further delegate his or her authority under paragraph (i) to a person,
(k) provide that the council may, in its discretion, allow a developer to pay to the municipality a sum of money in lieu of providing the off-street parking required by the by-law, the amount payable to be determined according to a fixed amount per parking space as provided by the by-law, and payable on the terms and conditions the council determines,
(l) provide that anyone who applies to the council for an amendment to the by-law shall pay a fee to the council and that the council may, if it decides to, return all or part of the fee to the applicant,
(m) provide
(i) procedures for applying for amendments to the by-law,
(ii) conditions and standards under which changes in zones may be made, or
(iii) that the council will not consider applications for amendments or re-submissions of applications for amendments, except at a time specified in the by-law,
(n) prescribe types of development that are exempted from the provisions of section 108, and
(o) prescribe standards and provisions with respect to the establishment of overlay zones.
53(3)In prescribing the purposes for which land, buildings and structures in a zone may be used, a zoning by-law may
(a) establish classes of purposes with respect to main, secondary and accessory uses and permit land, buildings or structures to be used for
(i) one or more classes of purpose, or
(ii) one or more purposes in a class;
(b) subject to section 58, permit developments consisting of combinations of uses of land, buildings and structures in a zone to be known as an integrated development zone if
(i) the combinations of uses are contained in a specific proposal described in a resolution or agreement adopted or entered into under section 59, and
(ii) the land to be developed is rezoned for purposes of the development, and
(c) prescribe particular purposes
(i) in respect of which the advisory committee or regional service commission, subject to subsection (5), may impose terms and conditions, and
(ii) that may be prohibited by the advisory committee or regional service commission if compliance with terms and conditions imposed under subparagraph (i) cannot reasonably be expected.
53(4)Terms and conditions imposed under paragraph (3)(c) shall be limited to those considered necessary by the advisory committee or regional service commission to protect
(a) properties within the zone or in abutting zones, or
(b) the health, safety and welfare of the general public.
53(5)The zones into which a municipality is divided by a zoning by-law shall be shown on a map or plan attached to and forming part of the by-law.
53(6)A map or plan referred to in subsection (5) may indicate any streets affected by a deferred widening by-law and any building line established by the by-law.
53(7)If the location of a building or structure encroaches up to 60 cm on a set-back requirement under subparagraph (2)(a)(v), or encroaches up to 30 cm on a yard requirement under subparagraph (2)(a)(iv), the encroachment does not constitute a violation of the requirements of the by-law, if it occurs in good faith.
53(8)An encroachment under subsection (7) is deemed to have occurred in good faith if the development officer, or a person to whom he or she has delegated the power, so attests.
53(9)A delegation authorized under paragraph (2)(j) shall be in writing and include
(a) the manner in which the delegate is to exercise his or her authority, and
(b) any limitations, terms or conditions on the manner in which the delegate is to exercise his or her authority.
Making of zoning by-law
53(1)On the adoption of a municipal plan, a council shall
(a) immediately proceed to draft a zoning by-law to carry out the intent of the plan, and
(b) make the zoning by-law within
(i) one year, or
(ii) a longer period or periods, not to exceed a total of two years, as the Minister, after consultation with the municipality, may decide.
53(2)For greater certainty and without limiting subsection (1), a zoning by-law shall divide the municipality into zones, prescribe the purposes for which land, buildings and structures in a zone may be used and prohibit the use of land, buildings and structures for any other purpose, and may
(a) with respect to a zone, regulate
(i) the minimum size and dimensions of lots and other parcels into which land may be subdivided, and the minimum size and dimensions of land required for a particular class of use or size of building or structure,
(ii) the maximum density of population,
(iii) the height, number of storeys, ground area, floor area and bulk of buildings and structures,
(iv) the percentage of land that may be built on, and the depth, size or area of yards, courts, parking areas and open spaces,
(v) the placement, location and arrangement of buildings and structures, including their setting back from the boundaries of streets and other public areas, and from rivers, streams or other bodies of water,
(vi) the design, character and appearance of buildings and structures,
(vii) the placement, height and maintenance of fences, walls, hedges, shrubs, trees and other objects,
(viii) the types, dimensions and locations of means of access of lots to streets,
(ix) the facilities to be provided and maintained for off-street parking and loading of vehicles,
(x) the size of rooms and the means of lighting and ventilating buildings,
(xi) the excavation of sand, gravel, clay, shale, limestone or other deposits for purposes of the sale or other commercial use of the material excavated,
(xii) the altering of land levels for building or other purposes in so far as this may affect surface drainage,
(xiii) the location, dimensions, standards of construction and purposes of advertising signs and billboards,
(xiv) the preservation and planting of trees,
(xv) the location of buildings and structures in relation to sources of public water supply, and
(xvi) subject to standards established under an Act of the Parliament of Canada or the Legislature, standards of pollution control to which permitted uses must conform;
(b) prohibit, unless a permit is obtained,
(i) a change in the purpose for which land or a building or structure is used,
(ii) the use of land, buildings and structures for the purpose of displaying advertising signs and billboards, or
(iii) an excavation referred to in subparagraph (a)(xi),
(c) prescribe a system of permits, their terms and conditions, the conditions under which they may be issued, suspended, reinstated, revoked and renewed, their form and the fees for the permits,
(d) prohibit the erection of a building in respect of which, in the opinion of the council, satisfactory arrangements have not been made for the supply of electric power, water, sewerage, street or other services or facilities,
(e) require the improvement, removal or demolition of a building or structure that, in the opinion of the council, is dilapidated, dangerous or unsightly, and empower the council to improve, remove or demolish the building or structure at the expense of the owner or to acquire the parcel of land on which the building or structure is situated,
(f) prescribe standards with respect to the appearance of land in a zone and require landscaping and improvements in accordance with standards prescribed in the by-law,
(g) designate specific uses of land, buildings or structures, otherwise permitted in a zone, as being subject to any special conditions or standards as may be stated in the by-law,
(h) prohibit the erection of a building or structure on a site where it would otherwise be permitted under the by-law if, in the opinion of the advisory committee or regional service commission, the site is marshy, subject to flooding, excessively steep or otherwise unsuitable for a proposed purpose by virtue of its soil or topography,
(i) empower the advisory committee or regional service commission, subject to the terms and conditions as it considers fit,
(i) to authorize for a temporary period not exceeding one year a development otherwise prohibited by the by-law;
(ii) to authorize, for an additional temporary period not exceeding one year, a development otherwise prohibited by the by-law if
(A) the applicant holds an authorization under subparagraph (i) that is to expire or has expired,
(B) an application with respect to the land has been made to amend the applicable zoning by-law or rural plan, and
(C) the advisory committee or regional service commission has received a resolution from the council confirming that the council will consider the application referred to in clause (B); and
(iii) to require the termination or removal of a development authorized under subparagraph (i) or (ii) at the end of the authorized period,
(j) empower the advisory committee or regional service commission
(i) to delegate its authority under paragraph (i) to the development officer, and
(ii) to authorize a delegate under subparagraph (i) to further delegate his or her authority under paragraph (i) to a person,
(k) provide that the council may, in its discretion, allow a developer to pay to the municipality a sum of money in lieu of providing the off-street parking required by the by-law, the amount payable to be determined according to a fixed amount per parking space as provided by the by-law, and payable on the terms and conditions the council determines,
(l) provide that anyone who applies to the council for an amendment to the by-law shall pay a fee to the council and that the council may, if it decides to, return all or part of the fee to the applicant,
(m) provide
(i) procedures for applying for amendments to the by-law,
(ii) conditions and standards under which changes in zones may be made, or
(iii) that the council will not consider applications for amendments or re-submissions of applications for amendments, except at a time specified in the by-law,
(n) prescribe types of development that are exempted from the provisions of section 108, and
(o) prescribe standards and provisions with respect to the establishment of overlay zones.
53(3)In prescribing the purposes for which land, buildings and structures in a zone may be used, a zoning by-law may
(a) establish classes of purposes with respect to main, secondary and accessory uses and permit land, buildings or structures to be used for
(i) one or more classes of purpose, or
(ii) one or more purposes in a class;
(b) subject to section 58, permit developments consisting of combinations of uses of land, buildings and structures in a zone to be known as an integrated development zone if
(i) the combinations of uses are contained in a specific proposal described in a resolution or agreement adopted or entered into under section 59, and
(ii) the land to be developed is rezoned for purposes of the development, and
(c) prescribe particular purposes
(i) in respect of which the advisory committee or regional service commission, subject to subsection (5), may impose terms and conditions, and
(ii) that may be prohibited by the advisory committee or regional service commission if compliance with terms and conditions imposed under subparagraph (i) cannot reasonably be expected.
53(4)Terms and conditions imposed under paragraph (3)(c) shall be limited to those considered necessary by the advisory committee or regional service commission to protect
(a) properties within the zone or in abutting zones, or
(b) the health, safety and welfare of the general public.
53(5)The zones into which a municipality is divided by a zoning by-law shall be shown on a map or plan attached to and forming part of the by-law.
53(6)A map or plan referred to in subsection (5) may indicate any streets affected by a deferred widening by-law and any building line established by the by-law.
53(7)If the location of a building or structure encroaches up to 60 cm on a set-back requirement under subparagraph (2)(a)(v), or encroaches up to 30 cm on a yard requirement under subparagraph (2)(a)(iv), the encroachment does not constitute a violation of the requirements of the by-law, if it occurs in good faith.
53(8)An encroachment under subsection (7) is deemed to have occurred in good faith if the development officer, or a person to whom he or she has delegated the power, so attests.
53(9)A delegation authorized under paragraph (2)(j) shall be in writing and include
(a) the manner in which the delegate is to exercise his or her authority, and
(b) any limitations, terms or conditions on the manner in which the delegate is to exercise his or her authority.