If you’ve ever dealt with a municipality regarding zoning and bylaw regulations you’re probably well aware that this can be a frustrating and confusing experience.

Something allowed in Barrie might be prohibited in Toronto. So it’s essential to check the regulations before we start designing.

Be it commercial, multi-family or single family residential, a particular piece of land will be governed by zoning regulations that define its place within the larger community plan. These regulations dictate the size, shape and location of a building on a site in order to ensure that what’s being built is in keeping with its environment. By setting restrictions such as setbacks from property lines, maximum building heights or permissible built areas, zoning bylaws quickly define what you can and cannot build.

Occasionally there are situations where zoning bylaws move beyond being reasonable rules and prevent the best and most sensible design solutions. Such cases are typically looked at by a building committee based on the submission of a variance application. If the objection is deemed reasonable, the contravening design will be allowed. Based on the client’s willingness to explore this avenue, compromise may need to be made to the design in lieu of the application process.  It has been our experience that the most frequent cause for not going through this process is timeline restrictions. If the objection is deemed justified, the proposed design will be allowed.

We were approached by a client wanting to build a new home in the Town of Blue Mountain. Intrawest had a series of guidelines that had to be met and the style had to reflect the Victorian era. After incorporating many of these features into their design we found ourselves breaking the zoning regulations of Town of Blue Mountains for maximum allowable height. They were forced to apply for a variance. In the end the application was accepted by the building committee.  We recognize when going this extra mile will be better for the client and the neighbourhood. (See example)

Here are a number of zoning regulations a home owner may need to address before embarking on a building project::

1.    Setbacks define buffer zones around the edge of a property in which a building is not permitted. Most bylaws allow certain elements of structure like overhangs and chimneys to protrude into the setback but not always. Accessory buildings such as garages and storage sheds are generally permitted within the main building setbacks but fall under their own individual requirements.

2.    The height of your home is calculated differently with every zoning district. Some measure from average grade height while others measure from the highest façade up. For sloped roofs maximum heights might be taken to ridge line or to the median height of ridge and roof spring line. Regardless, this is something that should be established from the outset otherwise the repercussions could be disastrous.

3.    The maximum gross floor area dictates the amount of floor area permitted on a site. It includes all floor areas but often has exceptions for area below grade. The calculation can vary widely between municipalities with certain areas being counted in one and not the other.

It’s essential that the zoning bylaws that govern your site are fully understood before you begin the design process. The sooner you know what you can’t do, the quicker you can plan what you can.