Zoning

What is it?
How does it work?
 Équitable Building

History of Zoning
http://en.wikipedia.org/
wiki/Equitable_Building_
(Manhattan)

◼ Pre 1900 in North America

– Cities had evolved
– All zones together

◼ Post 1900 with the beginnings of Modern

Movement
– Beginning of Urban Planning in Europe and
North America
– Separation of land use
– Setbacks and property regulations, info

Équitable Building, 120 Broadway NY. 1916

◼ Principle purpose of zoning is:
– protection of public health and safety
– protection of existing property rights

Ontario Municipal Affairs and Housing

What are Zoning Bylaws?

◼ Rules set up by municipal governments

◼ Laws to control
– How land is used
– Where buildings located (e.g. setbacks, height)
– Density (FSI = Floor Space Index)
– General rules for parking, loading zones,
landscaping, exceptions, and many other urban
issues.
◼ “The buyer of a parcel of land must
determine what he/she is allowed to do on
his/her land”

– How does it affect public health?

– Property rights:
▪ Investment stability
▪ Undesirable businesses
▪ Dangerous industries
▪ Protection of light, air and public space
◼ Early zoning ordinances recognized three
basic land uses:

– Residential
– Commercial
– Industrial

◼ Now…..
◼ Now we have …..

• Residential Zones
• Institutional Zones
• Open Space and Leisure Zones
• Environmental Zones
• Commercial Zones/ Mixed Used Zones
• Transportation Zones
• Rural Zones
• Other Zones …
TABLE 35(B)- LIST OF PRIMARY ZONES AND CODES
(I) Zone Name (II) Zone
Code
RESIDENTIAL ZONES COMMERCIAL/MIXED USE ZONES
(1) Residential First Density Zone R1 (14) Local Commercial Zone LC
(2) Residential Second Density Zone R2 (15) General Mixed Use Zone GM
(3) Residential Third Density Zone R3 (16) Traditional Mainstreet Zone TM
(4) Residential Fourth Density Zone R4 (17) Arterial Mainstreet Zone AM
(5) Residential Fifth Density Zone R5 (18) Mixed Use Centre Zone MC
(6) Mobile Home Park Zone RM (19) Mixed Use Downtown Zone MD

INSTITUTIONAL ZONES INDUSTRIAL ZONES

(7) Minor Institutional Zone I1 (20) Business Park Industrial Zone IP
(8) Major Institutional Zone I2 (21) Light Industrial Zone IL
(22) General Industrial Zone IG
OPEN SPACE AND LEISURE ZONES (23) Heavy Industrial Zone IH
(9) Parks and Open Space Zone O1
(10) Community Leisure Facility Zone L1 TRANSPORTATION ZONES
(11) Major Leisure Facility Zone L2 (24) Air Transportation Facility Zone T1
(12) Central Experimental Farm Zone L3 (25) Ground Transportation Facility T2
Zone
ENVIRONMENTAL ZONE
(13) Environmental Protection Zone EP
TABLE 35(B)- LIST OF PRIMARY ZONES AND CODES

RURAL ZONES
(26) Agricultural Zone AG
(27) Mineral Extraction Zone ME
(28) Mineral Aggregate Reserve Zone MR
(29) Rural Commercial Zone RC
(30) Rural General Industrial Zone RG
(31) Rural Heavy Industrial Zone RH
(32) Rural Institutional Zone RI
(33) Rural Residential Zone RR
(34) Rural Countryside Zone RU
(35) Village Mixed Use Zone VM
(36) Village Residential First Density V1
Zone
(37) Village Residential Second Density V2
Zone
(38) Village Residential Third Density V3
Zone

OTHER ZONES
(39) Development Reserve Zone DR
City of Ottawa Zoning Bylaw

◼ Ottawa Zoning Bylaw is:

– a large document similar in ‘type’ to the building code

◼ City of Ottawa Zoning By-law 2008-250 Consolidation

https://ottawa.ca/en/living-ottawa/laws-licences-and-
permits/laws/laws-z/zoning-law-no-2008-250

◼ Made up of 19 Parts:
– Parts contain info ranging from Definitions and Interpretations,
Special conditions, zone information, maps and schedules
City of Ottawa Zoning Bylaw – Part 1
◼Part 1
Administration, Interpretation and
Definitions
– “No person will use any land, erect, place, alter, expand, or use
any building within the territorial limits of the City of Ottawa,
except in full conformity with all of the provisions of this by-law.”
– Interpretation:
▪ Explains the mechanisms of the Bylaw
– Definitions:
▪ Terms and illustrations
https://ottawa.ca/en/part-1-administration-
interpretation-and-definitions-sections-1-54
City of Ottawa Zoning Bylaw
Zoning Mechanisms:
General and Specific Use Provisions
– Regulations that apply on a broad level
▪ Parts 1 – Administration, Interpretations and
Definitions
– Enacts provisions that apply to most uses or to a
specific use in most cases
▪ Parts 2 – General Provisions: sight triangles, accessory
use, Heritage overlay, permitted projections, Holding
zones,…
▪ Part 3 – Specific Use Provisions– security huts, outdoor
patios, community gardens, …
▪ Part 4 – Parking provisions
▪ Part 5 – Provisions specific to Residential zones
City of Ottawa Zoning Bylaw – Part 1

Interpreting the zoning Information as part

of Part 1 (Section 29-46)

Primary Zone
– The basic structural unit of the zoning by-law. A land
use category with specific permitted uses and
regulations
– Regulates areas of similar or compatible land uses
– Indicated by one of the symbols set out in Table
35(B), See Part 1, Section 35
▪ e.g. R1 or L1 or MD
City of Ottawa Zoning Bylaw

Subzone
– Sub-category of primary zone
– Part 6-14
– Imposes regulations to deal with the unique
characteristics of an area while maintaining the
purpose of the primary zone
– Indicated by a letter or number added to the primary
zone symbol; R1A
City of Ottawa Zoning Bylaw – Part 6 - 14

◼ Details the Primary Zones

– Part 6 Residential
– Part 7 Institutional
– Part 8 Open Space and Leisure
– Part 9 Environmental
– Part 10 Mixed Use/Commercial
– Part 11 Industrial
– Part 12 Transportation
– Part 13 Rural
– Part 14 Other
City of Ottawa Zoning Bylaw –

Overlay
– An additional layer of regulation.
– Imposes regulations that take precedence over the
underlying zoning or over any other provisions in
the by-law (heritage, flood plain area overlays,
Mature Neighborhood overlays)
– Shown on the zoning maps by a distinctive marking
(e.g., shading or hatching) and may overlap the
boundaries of the underlying zones
City of Ottawa Zoning Bylaw – Part 1
Overlay
City of Ottawa Zoning Bylaw –

Suffix
– A simple form of Overlay
– more complex, a suffix adds a single regulation to a
zone (H- height, F- floor space index, h- Holding
Zone)
– Shown by a "suffix" to the primary zone on the zoning
maps (e.g., "H(30)"added to R5 adds a 30 meter
height limit to that R5 zone)
▪ “F” is the maximum floor space index permitted,
▪ “U” is the maximum number of units per hectare,
▪ “D” is the maximum number of dwelling units
▪ “h” is a holding zone.
City of Ottawa Zoning Bylaw

Suffix
City of Ottawa Zoning Bylaw – Part 15 - 19

◼ Part 15- Exceptions

◼ Part 16- Appendices
– Committee of Adjustment
– OMB (Ontario Municipal Board)
◼ Part 17- Schedules
◼ Part 18- Zoning maps
◼ Part 19- Section 37 of Planning Act
conditions
City of Ottawa Zoning Bylaw – Part 15

Exception

– A modification to the zoning of a site, used only when none of

the above mechanisms are appropriate. All other provisions of
the by-law continue to apply.

– Allows a use that would not be permitted otherwise;

prohibits a use that would be permitted otherwise, or makes
any modifications to the regulations applicable to the site.

– The text of the exception is contained in Part 15 of the by-law

and the area to which the exception applies is shown on the
zoning map by a number within square brackets, e.g. [1] for the
urban area and [1r] for the rural area, the number in the
brackets corresponding to the number of the text contained in
Part 15
City of Ottawa Zoning Bylaw – Part 15

Exception
City of Ottawa Zoning Bylaw – Part 15 - 19

◼ Part 15- Exceptions

◼ Part 16- Appendices
– Committee of Adjustment
– OMB (Ontario Municipal Board)
◼ Part 17- Schedules
◼ Part 18- Zoning maps
◼ Part 19- Section 37 of Planning Act
conditions
City of Ottawa Zoning Bylaw – Part 17

Schedule
– A document appended to and forming part of the
by-law that contains detailed regulations or complex
descriptions
– specific or detailed regulations that are meant to
apply only in specific circumstances or to specific
situations
– A separate document, plan or map appended to the
zoning by-law in Part 17 and indicated on the zoning
maps by the schedule number; e.g., S3
City of Ottawa Zoning Bylaw – Part 17

Schedule

How many Schedules are currently included as part of the

City of Ottawa By-law?
Example

◼ VM2[53r]
◼ VM means this is the Primary Zone (Village Mixed use
Zone).
◼ 2 means this is Subzone 2
◼ [53r] means an Exception zone, with the “r” indicating it
is a rural exception zone. This is a modification to the
zoning of a site which cannot be reflected by using
either suffixes or schedules. In this case, this is
exception number 53r, and can be found in the section
of the by-law containing the rural exceptions.
◼ All exceptions can be found in Part 15 of the by-law.
Example

◼ MDS23H(30)
◼ MD means this is the Primary Zone (Mixed Use
Downtown Zone).
◼ Sch.23 means that there is a Schedule associated with
this zone. A schedule is a document forming part of the
by-law that contains detailed regulations or complex
descriptions. Schedules are located under the Schedules
section of the by-law. S23, means that it is found as the
twenty-third document in the list of schedules.
◼ H(30) means this is a Suffix to a zone. A suffix adds a
single regulation to a zone. The number in the brackets
is the maximum number permitted (in this case a
maximum height limit of 30 meters).
City of Ottawa Zoning Bylaw – Part 15 - 19

◼ Part 15- Exceptions

◼ Part 16- Appendices
– Committee of Adjustment
– OMB (Ontario Municipal Board)
◼ Part 17- Schedules
◼ Part 18- Zoning maps
◼ Part 19- Section 37 of Planning Act
conditions
City of Ottawa Zoning Bylaw – Part 18

◼ Zoning maps – where you begin!!!

◼ Part 18
◼ GeoOttawa
Special designations

◼ Non-conforming (permitted use)- refer to Section 3

◼ Non-complying (permitted site condition)- refer to Section 3
◼ Holding zone- refer to Section 38
◼ Height limits- refer to Section 39
Example of a Holding Zone Suffix (h)
http://www.mah.gov.on.ca/Page6844.aspx
Setbacks
Setbacks
Solar Rights
 Air Rights

An example of air rights in use: a high-rise building

extends over a four-story building in Manhattan
https://en.wikipedia.org/wiki/Air_rights
Easement

An easement is a "right of use" of someone

else's property by another party for a specific
purpose.
i.e. Toronto Water usually acquires easements for the
operation and maintenance of sewer and water
infrastructure to provide safe and reliable water services.
Floor Space Index (FSI)
 Larger picture…
Zoning is just one part of the bigger
development picture concerning land use.
◼ Official Plan ◼ Zoning By-law
◼ Community Design Plans Amendment
◼ Site Plan Control ◼ Plan of Subdivision
◼ Heritage Issues ◼ Intensification Plans
◼ Official Plan Amendment ◼ Brownfield
Redevelopment Planning
◼ Downtown Plans
http://ottawa.ca/residents/planning/index_en.html

http://www.ottawa.ca/en/city_hall/planningprojectsreport
s/ottawa2020/official_plan/vol_1/05_implementation/impl
ementation/

http://ottawa.ca/en/city_hall/planningprojectsreports/pla
nning/dev_review_process/dev_application/
 Zoning Process

Property

Design
Part 16- Cost less $$$ Cost more $$$
Appendices

Committee of
Adjustment O.K. Rezoning
(i.e. Minor variances,
or change in a
non-conforming use) NOT APPROVED
NOT APPROVED
Appeal OLT Appeal OLT
(Ontario Land Tribunal) (Ontario Land Tribunal)
 Zoning Process

OLT = Ontario Land Tribunal

Part 16-
Development Application Process Overview
Appendices
Zoning as Design Determinant

◼ Zoning and land planning was not originally intended to

be used for design
◼ But has become a factor – land use, setbacks, height, lot
size, … architectural character

◼ Designers role to understand implications

◼ Form Generator

Ontario Municipal Affairs and Housing

Other Bylaws that affect design

◼ Cash in Lieu of Parking ◼ Secondary Dwelling

◼ Cash in Lieu of Parkland Units
◼ Demolition Control ◼ Signs

◼ Development Charges ◼ Tree Conservation

◼ Fence Bylaw
◼ Permanent signs on
private properties
◼ Pool enclosures