A person or a public body who makes oral submissions at a public meeting or submits written submissions prior to the passing of a zoning by-law or amendment may appeal council’s decision, with some exceptions (see below). Appeals to the Ontario Municipal Board can be made in two different ways:
- The applicant, the Minister and any person or public body who made oral submissions at a public meeting or written submissions before the by-law was passed, may appeal council’s passage of a zoning by-law to the Ontario Municipal Board within 20 days from the date the notice of the passage of the by-law is given. The notice of appeal should be filed with the municipal clerk.
- The applicant and the Minister may appeal to the Ontario Municipal Board if the council refuses or fails to act on such a request within 120 days of the receipt of the prescribed information. The notice of appeal should be filed with the municipal clerk.
Your appeal must be accompanied by written reasons and the fee required by the Ontario Municipal Board.
Generally, appeals are not permitted in the following three circumstances:
- Proposed amendments that would implement an alteration to the boundary of an “area of settlement” or the establishment of a new “area of settlement”
- Proposed amendments that would remove land from “an area of employment”
- By-laws passed to permit a second unit residential dwelling.