Zoning 101 – how zoning and building codes can impact your homeowning experience

There is a lot to consider when purchasing a home; open houses, offer placements, inspections, contracts, closing deadline, and much more, on top of the work that goes into homeownership. An often-overlooked aspect of the homebuying and homeowning experience is a complex municipal document called the Zoning Bylaw, and a provincial regulation known as the Ontario Building Code.

Plethora of rules

In Ontario, zoning has its origins in the late 19th early 20th centuries. The province allowed cities to regulate how landowners used their land, preventing proximity between industrial and residential uses. Today, municipalities use Zoning Bylaws to divide the city into specific zoning codes; they control all aspects of development from height and density to parking requirements and minimum landscaping in front yards. The province and municipalities also enforce the Ontario Building Codes, regulating building materials and specific construction requirements.

In Hamilton, there is a plethora of rules that dictate what is permitted and restricted on land. For example, in most of the R1 residential zone, single-detached dwellings must be below 10.5m and must be at least 7.5m from the rear property line. In addition, home-based businesses such as barbers and hair salons are limited to a single chair. Zoning can be amended through several processes, including minor variances and zoning amendments, which must be applied for and approved by the city through a public process. Cities also have sign, fence and pool bylaws that must be consulted.

These elements are further regulated by the Ontario Building Code – a more than 800-page document that dictates everything from sprinkler systems to window materials. Building permits are also required for many renovations; working with a licensed contractor ensures the proper permits are acquired and the work is completed in a proper manner. Running afoul of these rules may result in visits from municipal by-law enforcement, who can cease construction, require rectification of issues at the homeowners’ expense, or issue fines.

Regulations, laws and policies

There are various other regulations, laws and policies homeowners may wish to be aware of; municipal Official Plans; heritage restrictions under the Ontario Heritage Act and municipal by-laws; restrictions on construction in flood-prone areas, enforced by Conservation Authorities; holding provisions placed on the legal title of homes requiring certain work to be completed before development can proceed; and many more.

When purchasing a home, do your research, contact your municipality, consult with your realtor and lawyer, and consider speaking with an urban planning consultant and contractor if you are planning major renovations, additions, garages, decks, pools, rebuilds or a change in use. By purchasing a home with all the facts on hand, the experience of homeownership can go just a little bit smoother.