A large residential development is proposed in a protected major transit station area of an Ontario municipality whose official plan contains inclusionary zoning policies. The municipality wants a set number of affordable units built into the project and kept affordable over time. Which Planning Act tool is designed for this?
Correct Answer
B) An inclusionary zoning by-law giving effect to the official plan policies
Planning Act s. 16(4) and (5) allow official plan policies authorizing inclusionary zoning, including in protected major transit station areas. Section 35.2 then lets council pass a zoning by-law requiring affordable housing units in the development and requiring them to be maintained as affordable over time. The old Section 37 density bonusing has been replaced by community benefits charges.
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A municipality wants to implement inclusionary zoning requiring affordable housing units in new developments. What legal consideration is most critical for enforceability?
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A municipality's Official Plan designates an area as 'Environmental Protection' but the zoning bylaw shows the same area as 'Residential.' A developer wants to build homes there. What legal principle determines the permissible use?