A Guide to Zoning

What is zoning?

Zoning is the process of dividing land into use districts, or zones, which identify how land can be used. In Clarington, Zoning By-laws may establish:

• What types of buildings can be built on the land and how they may be used
• Where buildings and other structures can be located
• Lot sizes and dimensions
• Parking requirements
• Building heights and setbacks from the street

In some cases, the Zoning By-law may regulate design elements to ensure a common look and feel in the community, such as in our historic downtowns.

How does Clarington’s Zoning By-law affect me?

Clarington's Zoning By-law defines how you, your neighbours and others in the community can use property. It can protect you from conflicting, and possibly hazardous land uses.

Clarington has two zoning by-laws:

• Zoning By-Law 84-63 regulates the development of land within Clarington between Lake Ontario and the Oak Ridges Moraine.
• Zoning By-law 2005-109 applies to lands within Clarington that are located on the Oak Ridges Moraine.

How does the Zoning By-law work?

The Zoning By-law is made up of two parts: maps (referred to as schedules) and text. The zoning maps show how the community is divided into different use districts or zones, as well as precise boundaries for each zone. Most zoning maps rely on street or property lines for boundaries, except in environmental protection areas, which follow natural features like valleys or wetlands.

The zoning text explains the zoning rules that apply in each zone. These rules typically establish a list of land uses permitted in each zone plus a series of specific standards that govern lot size, building height, and required yard and setback provisions.

What are the components of a Zoning By-law?

Most Zoning By-laws, including Clarington’s Zoning By-law, include the following five components:

Title, authority and applicability

This section identifies the legislative authority that gives a municipality the authority to use zoning as a land use planning tool.

Definitions

Definitions are especially important because the Municipality, as well as the courts, must be able to attach specific meaning to the words and concepts appearing in the by-law. A set of definitions is provided at the start of the by-law.

General provisions

General provisions are those regulations that apply in all land use zones. These include rules regarding parking, accessory buildings and structures (sheds, pools, etc.), and non-conforming uses.

Zone regulations

This key section of the by-law lists and defines each zone. The concept of districts or areas stands at the core of zoning. Zoning districts include residential, commercial, mixed-use, industrial, agricultural and environmental protection areas.

Residential districts, in turn, are broken down further into zones for urban and rural areas, including single-detached and multiple attached housing forms of varying density.

Similar distinctions, based on the intensity of use, are also often found in business and industrial areas (e.g. light industry versus heavy industry). Within each zoning district, there are often special exceptions that have been granted over the years in response to site-specific development applications.

The Zoning By-law includes basic development requirements for each zoning district, usually dimensional standards for setbacks, minimum lot sizes, and building heights. Zone schedules, or maps, identify the zone of a specific parcel or area. Below is an excerpt of a zone schedule.

Interpretation, administration and enforcement

This section of the Zoning By-law spells out the duties of those involved in administering the by-law, procedures to be followed when amending the Zoning By-law, as well as standards for assessing penalties and fines for zoning violators.

What happens if I am using my property or constructing a building on my property in a manner that is not permitted by the Zoning By-law?

Zoning By-Laws establish rules so that the community has a common understanding as to how property may be used. The Municipality enforces the Zoning By-law to protect the rights of all residents. If there is a violation of the Zoning By-law, the Municipality’s By-law Enforcement will meet with the property owner to discuss what is required to bring the property into conformity with the current zoning. If the owner does not take steps to correct the problem, the Municipality may lay charges against the property owner.

Anyone who is charged and found guilty of contravening zoning regulations can be fined up to $20,000 for a first offence and up to $10,000 per day for subsequent conviction. For a corporation, the fines are up to $50,000 for a first offence and up to $25,000 per day for subsequent conviction.

Can the Zoning By-law be amended?

Yes. A Zoning By-law is not a static document. It is changed regularly, usually only in small ways. Any change to the Zoning By-law must follow procedures established in the Planning Act for public notice and must be in conformity with the Clarington Official Plan.