Zoning by-laws regulate the use of land within a community. Zoning by-laws address matters such as how land may be used, what buildings are permitted and where they may be located, lot sizes, parking requirements, density, height and setbacks.
The Comprehensive Zoning By-law 2010-40 is the parent Zoning By-law for the Town of Newmarket and governs land uses within the Town's municipal boundaries. The By-law divides the municipality into different land use zones. The zone symbol (e.g., R1-D), on the zoning map, is used to indicate the permitted uses and zoning standards that apply to the property. On occasion, special exceptions or restrictions to a property may apply (i.e. R1-D-119).
Consult Section 6 of the By-law you are reviewing.
Depending on your zoning (e.g., R1, MU, CS, EM, etc.) consult the relevant zone category to determine what uses are permitted on the property.
For example, if you are considering leading a building in an employment area (EM, EG, and EH zoning), you would consult the Employment Zones table in Section 6.5 and verify if your planned use is permitted.
If the property has an exemption number such as R1-D-119 (not just R1-D), consult the exemptions in Section 8 to find your requirements.
If you are uncertain of your use, check the definitions are the start of the zoning by-law. For example, the definitions will explain the difference between a manufacturing use and a warehouse use to help you determine which zones permit each one.
Also consult the Zone Standards to determine the requirements for the property related to elements like distance setbacks from the property line, maximum building height, and maximum driveway width. These are indicated by the suffix to your zoning code (e.g. R1-D).
Step four: contact the Planning Services department with any questions
The Zoning By-law is a complex document that must be interpreted in its entirety. In addition to your zoning, there are other requirements that must be met for many changes. These include required permits, provisions that are applicable to all zones, parking requirements, approvals from other agencies, and other matters. Before undertaking any works, and if you have questions regarding your zoning, contact the Planning Services department.
Quick reference guides
The Planning Department has handouts on frequently asked zoning questions. Please click on the links below to access the documents.
Here are some Zoning By-law 2010-40 [PDF/3.4MB] provisions residence should know about. Our team of Municipal Enforcement Officers proactively patrol the community, with the goal of educating residents on the standards for the following key areas:
Recreational vehicles, including ATVs and boats, and utility trailers are not meant to be stored full time on residential properties in Newmarket.
Key points:
Can only be located on a driveway up to 8 days per calendar month, all season long
Any boat or trailer located on a driveway must be in good working condition
Trailers, RVs and ATVs on the driveaway require appropriate licence plates
Trailers, RVs and ATVs can be stored in the rear or side yard of a property year-round – provided there is always a minimum of a 1 metre setback from the property line
Can be stored within an enclosed garage
These are structures that stand alone from the home, including:
Change room/cabana or swimming pool equipment structure
Play structures
Dog house or dog run
Gazebo
Greenhouse
Shed
Patio shelter
Basketball nets permanently affixed to the ground
Stand alone solar panels
This does not include a detached garage, which must comply with the setbacks for the zone on the property.
A Home Occupation is a lawful occupation or business which is conducted entirely within a dwelling unit and is secondary to the primary use of the dwelling as a residence. Section 4.6 of Zoning By-law 2010-40 [PDF/2.6MB] sets out limits on Home Occupations.
Some key points:
Can be located in the dwelling unit. NOT permitted in a detached garage or accessory building
At most, 35% of floor area (up to 452 square feet in the home) may be used for the home occupation
No outdoor storage of material or equipment related to the home occupation is permitted
An Accessory Dwelling Unit, often referred to as a basement apartment, in-law suite or garden suite, is a separate dwelling unit that is located within the structure of a detached or semi-detached dwelling.
Some key points:
Accessory Dwelling Units must be registered through the Town's Legislative Services. Visit the Municipal Offices (395 Mulock Drive) to speak with Customer Service, email the department at info@newmarket.ca or call 905-953-5300 ext.4501.
Only permitted in detached or semi-detached dwellings.
The primary dwelling unit must be serviced by full municipal water and sewer services.
The residence must have a minimum of four (4) parking spaces.
A deck is a platform, with no solid roof or walls, which is constructed on piers or a foundation above finished grade, adjacent to a ground floor or walk out basement wall.
Some key points:
You may require a building permit. Contact the Building Division to determine if your deck requires a permit. Visit the Municipal Offices (395 Mulock Drive) to speak with a planner, email the department at building@newmarket.ca or call 905-953-5300 ext.2400.
Various setbacks from rear and side lot lines, depending on the height of the deck.
No solid roof or walls are permitted.
Steps must be outside of the minimum setback requirements
Variances from the existing zoning are possible. Applications for a variance are considered by the Committee of Adjustment. You can read about the application process and find the appropriate forms on the Committee's web page.
Zoning changes can be proposed by any private individual, corporation, or by the Town itself. The proposed changes need to meet with the policies of the Town's Official Plan and required policies of the Province of Ontario. You can read more about the application process here.
For matter related to zoning compliance, contact planning@newmarket.ca and for matters related to building permits, contact buildings@newmarket.ca. Requests must include the address, plus the proposed use of the property (type of business or residence).
The installation of new curb cuts will require that the locations comply with zoning regulations. Permitted driveway widths can vary. Contact the Planning Department for assistance with zoning requirements for new curb cuts.
You are not permitted to modify the curb yourself. If your proposed change meets with the requirements of the zoning by-law, you may be permitted to pay for the Town's contractor to make the changes. For more information on how to obtain the necessary permits, see Driveway Widening and Curb Cuts.
A severance, also known as a consent, is permitted through an application to the Committee of Adjustment. An application for consent may be possible for a property, subject to the requirements of the Town's Zoning By-law and Official Plan.
A new lot will be required to conform to the minimum lot area and minimum lot frontage requirements of the Zoning By-law. You can find the zoning for any property in town using this guide on our website, which also explains how to access the Zoning By-law online and find the development standards particular to a property.
In addition, policies such as 16.1.5 in the Town's Official Plan set out when approval should be granted to create new lots. If the property is located in the regulated area of the Lake Simcoe Region Conservation Authority.
The Town of Newmarket does not regulate property lines, it is managed by the province.
To determine the location of a property's lot line, consult a copy of a registered survey of the property. When a house is purchased, the new homeowner's lawyer usually provides a copy if it exists. There might be a copy on file at the Land Registry Office at 50 Bloomington Road West in Aurora.
If no survey exists, a private surveyor will need to survey the property.
Names and mailing info for property owners are available in the Town's Tax Office, prepared by the Municipal Property Assessment Corporation (MPAC). The Tax Office is part of the Finance Department and is located at 395 Mulock Drive.
This term refers to the Town-owned portion of a piece of land. It is very often wider than the road and sidewalks that may abut your property and can extend to a considerable extent onto your property. The Town maintains a right-of-way wider than the width of the road in the event that a road widening becomes necessary at some point in the future.
Notwithstanding this, a property owner is still responsible for maintaining the Town-owned portion of their land, with respect to matters such as grass cutting and snow clearance. The exact extent of the Town's right-of-way can be determined through a Plan of Survey and the Town's Navigate Newmarket program can provide a rough guide as to the exact extent of the right-of-way.
