Whose Responsibility Is It to Provide Land Development and Zoning Information?
Whose job is it to provide the public with the appropriate information for land development and with the appropriate information on how to open a business or operate a business inside of a municipality? Because that requires zoning compliance also.
I think everybody would lean into it being the municipality's responsibility, and that's not shocking. They're the ones that set the regulations.
In Canada, Ontario specifically, the provincial government provides the Planning Act, which outlines how planning and land use should be directed. Municipalities then create their own Official Plans, which need to be in line with and approved by the provincial government in order to make sure everybody is on the same page.
Beyond that, every municipality has its own Zoning Bylaw, and those zoning bylaws are built intentionally based on the requirements of those municipalities.
The requirements in Ottawa are not going to be the same as in Rockwood, Ontario, and the requirements in Rockwood, Ontario are not going to be the same as in Smiths Falls, London, or Windsor. That's where zoning bylaws and official plans become incredibly important in guiding the process.
There are layers and layers of information when it comes to land use and how we even get to the point of deciding what's allowed where.
The Municipality's Responsibility
Back to the question of who's responsible for passing on this information.
It's definitely the municipality's job, and they do, to a point, provide information.
Most city websites contain:
- ArcGIS online maps or static mapping
- Land use information
- Zone codes
- Intended land uses
- Online zoning bylaw documents
- Special site conditions
In some of the larger, more developed municipalities, they'll even create primers or guides online to help people through the process.
These guides often cover:
- Accessory Dwelling Units (ADUs)
- In-law suites
- Garden suites
- Semi-detached homes
- Opening and operating a business
They provide information to help determine whether a proposed use is allowed on a specific property... kind of.
Where the Process Becomes Complicated
If you follow some of these guidelines, you may still have questions. You can send those questions to the municipality and receive clarification, but there are timelines involved.
Depending on where you are located, the process may be slower than in other built-up areas because planning departments are often busy and have limited staff availability.
In smaller jurisdictions, there may not even be in-house planning staff. Those municipalities may rely on third parties to conduct reviews, peer reviews, and provide information back to end users.
The Burden Often Falls on the Property Owner
When it comes to moving through the process, it's become abundantly clear that much of the responsibility falls on the end user to figure things out.
That often means reaching out to:
- A consultant
- A Registered Professional Planner
- A surveyor
That's not necessarily a bad thing because these are professionals who work within the process every day.
However, if you're at an unclear stage of development and simply looking for answers early on, there can be significant costs associated with speaking to a planner, surveyor, or consultant.
There can also be long timelines and limited commitment until you become a paying client.
That's not meant as criticism of anyone in the profession. It's simply the reality of the process.
Information Exists, But It Can Be Difficult to Understand
You may go back to the municipality and ask for clarification on a project, such as building a garden suite.
The response may be:
"We have a garden suite primer on our website. Please go read it."
You open the guide and find 10 to 15 different links to review.
The information may cover:
- Areas where the use is permitted
- Areas where it is not permitted
- Lot coverage percentages
- Servicing requirements
- Sanitary requirements
- Water service requirements
- Additional planning considerations
From a general public perspective, you may not even know what you're looking at in the first place.
There is a tremendous amount of information to consume and understand.
Municipalities Want to Help, But They Have Limitations
You would hope the municipality is going to partner with you, and that's often the public-facing message:
"We're here to help. We're here to walk through the process with you."
And they do what they can.
However, municipalities are limited by:
- Time
- Staffing
- Resources
At some point, they would prefer an application be submitted so they can formally review it and provide comments.
That review process takes both time and money.
From a residential standpoint, many municipalities offer free pre-consultation meetings that provide a quick review and discussion.
However, if you're dealing with commercial, institutional, or industrial development, you're generally not going to receive that same level of feedback.
There is much more involved in the process.
Even professionals in the industry are challenged daily by the number of layers that need to align before making a decision on how to move forward.
And keeping in mind, municipalities are not in the business of providing yes-or-no answers. General guidance is their specialty.
Why AEDI Was Built
This is exactly what we built AEDI around.
Almost every municipality already has the information required to make decisions about moving forward.
The challenge is:
- Where is the information?
- How do you interpret it?
- How do you get a clear answer on the next step?
- What will the process look like?
- How probable is approval?
- What are the likely costs?
- What timeline should be expected?
Those are the questions we set out to answer, and those are the questions we have answered within the platform.
Providing Clarity Before the Process Begins
When I ask whose responsibility it is, I don't believe all of the responsibility falls on municipalities.
It's their responsibility to provide the path forward, or point in a general direction.
However, municipalities are never going to provide every resource required to move through every stage of the development process.
They simply don't have the time, money, or staffing to do so.
That's why it's important to start with information.
Review your property.
Get a concise review of the information provided by the municipality, including:
- Property constraints
- Municipal impacts
- Development considerations
- Clarity around the path forward
Start your conversation with the municipality well informed and prepared.
Then decide whether to move forward with a professional or on your own.
Make decisions based on information, not hope, hearsay, or stories from someone who completed a similar project decades ago.
Zoning by-laws, official plans, and provincial policy statements are updated regularly, and you may be speaking with someone who has old information.
I've seen examples of people seeking guidance from councillors or mayors and receiving information that, while not provided negligently, was inaccurate or led them down the wrong path.
That confusion can create frustration when the process doesn't unfold the way they expected.