Recent experience in various municipalities that are in the process of updating their zoning by-laws have left many applicants scratching their heads. The reason being that people find themselves being regulated by two or more zoning by-laws: an older one and a recently enacted new version. Often, there are conflicts between the by-laws: one may regulate building height in storeys while the older by-law does not, for example.
The dilemma arises when it is not possible to comply with both by-laws. Invariably, relief is needed by way of minor variance or, for more complex matters, rezoning. But why apply the new by-law at all if it is not yet in full force and effect?
The fundamental reason for municipalities to often apply both zoning by-laws is because the most recent one may come into full force and effect by the time the applicant is ready to obtain a building permit. That means the new by-law becomes fully enshrined applicable law and the Chief Building Official cannot issue a building permit if it does not comply with all applicable law.
We routinely deal with such circumstances for projects across the Greater Toronto Area (GTA). Oftentimes, our experience allows us to bring fresh ideas and solutions on how to continue to move forward without getting stuck because of an interpretation or implementation issue. Sometimes, what is happening now is more important than either the old or the new, particularly when the latter has no end in sight.
