Ontario Municipal News
Vigilance Required for Land Re-zoning Applications
Recent incidents highlight the need for vigilance in re-zoning applications for nearby lands.
Municipalities zone lands according to permitted uses (e.g., residential or industrial) and allow only specific development on those lands. Municipalities must make public re-zoning applications from developers and inform other land owners within a specific distance of the subject lands. Existing landowners may object to the re-zoning based on “incompatibility” of land uses most commonly due to potential nuisance emissions from industrial activities (e.g., dust/noise) on nearby residences or “sensitive receptors.” These may be a problem for existing or proposed residences, for example, from the proposed or existing industries.
Existing landowners have the right to object to re-zoning if there is an incompatibility that may lead to problems. For example, an existing industry, that emits dust or noise in its normal operation, may object to the re-zoning and subsequent development of adjacent lands for residential use since future homeowners may complain about noise or dust levels and require tighter emission controls than they would otherwise have needed had no homes been built.
City of Toronto Environmental Reporting, Disclosure and Innovation Program
In December 2008, the City of Toronto adopted a new bylaw to require City businesses to publically report the use and release of 25 chemicals: Acetaldehyde, Acrolein, Benzene, 1,3-Butadiene, Cadmium, Carbon tetrachloride, Chromium, Lead, Manganese, Mercury, Nickel, Chloroform, 1,2-Dibromo ethane, Nitrogen Oxides, Particulate Matter 2.5, Polycylic Aromatic Hydrocarbons, Vinyl chloride, Dichloromethane, 1,2-Dichloroethane, 1,4-Dichlorobenzene, Trichloroethylene, Formaldehyde, Tetrachloroethylene, and Volatile Organic Compounds.