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Land use and zoning law governs how land and buildings can be used in the City of Pickering, Ontario, as part of the larger Durham Region. The City’s Official Plan, zoning by-laws, and development policies help determine what can be built where, including the permitted uses, building heights, densities, and other restrictions. Zoning is crucial to guide growth, protect the environment, manage infrastructure, and maintain the character of Pickering’s neighborhoods, commercial areas, and rural lands.
Legal advice is often beneficial—or necessary—when dealing with land use and zoning issues. Here are common scenarios where a lawyer's expertise is valuable:
Lawyers can clarify your rights, represent you in interactions with municipal officials, prepare and submit required documentation, and advocate on your behalf in hearings or appeals.
Pickering’s land use and zoning is primarily governed by the City of Pickering Official Plan and Zoning By-law 3036. Key points include:
It is essential to review the by-laws and consult the City’s planning department or a qualified lawyer before undertaking any significant change to your property.
Zoning determines what you can and cannot do on your property. It designates each piece of land for certain uses (such as residential, commercial, or industrial) and sets out requirements for things like building size, height, and distance from property lines.
You can check your property’s zoning designation by consulting the City of Pickering Zoning By-law or contacting the City’s Planning & Development Department. Online interactive maps are also available through the City’s website.
You may need to apply for a zoning by-law amendment or a minor variance. This process includes preparing an application, notifying neighbors, attending hearings, and sometimes facing objections or appeals.
A minor variance allows you to deviate slightly from zoning requirements—such as setbacks, height, or lot coverage—if strict adherence would create a hardship or practical difficulty, provided that the general intent of the by-law and plan is maintained.
Subdividing (severing) your land usually requires the City’s approval and must comply with zoning and tenure policies. Factors considered include size, servicing, road access, and impacts on neighboring properties.
Unauthorized construction or land use can lead to by-law enforcement action, fines, and potentially having to restore the property to its previous condition. Legal representation is advised if you receive a notice of violation.
Applications for amendments or variances often require public notice. Neighbors and stakeholders can submit objections to the City, speak at public hearings, and may appeal decisions to the Ontario Land Tribunal.
The City of Pickering’s website provides electronic copies of the Official Plan and Zoning By-laws. Hard copies are also available at City Hall, or by contacting the Planning & Development Department.
The OLT is a provincial adjudicative body that hears appeals on land use planning matters, including disputes over zoning, minor variances, and official plan amendments. It has the authority to overturn or modify municipal decisions.
While not legally required in all cases, legal advice is very helpful for complicated or contested matters, including applications, hearings, and appeals, due to the technical and procedural aspects of land use law.
If you are dealing with a land use or zoning issue in Pickering:
Taking proactive steps and consulting the right experts early can help avoid costly mistakes and ensure a smoother process for your property goals.
