Rezoning Application

What is a Rezoning Application?

A rezoning application is a request to change the current Zoning By-law provisions as they apply to your property. It may be an application to change the land use, for example from a home to a business. It may also be an application to change the By-law requirements such as setbacks, height, parking spaces etc.

Pre-consultation

Before submitting an application, the owner/applicant should consult with the Planning department.

How do I apply?

Rezoning application forms are available online or from the Planning department. The completed application form must be submitted with the proposed plans and/or drawings, the appropriate application fee and all other requirements included on the form and discussed during the pre-consultation meeting. The drawings should detail the changes applied for and possibly include: building locations or expansions, road widening, entrances, loading and parking areas, landscape areas, building setbacks and lot coverage.

What happens next?

The Planner will review your application and circulate to other departments and agencies for comments.

A sign will be posted on the property advertising the rezoning application and the date of the scheduled Public Meeting.

The Municipality will mail notice of your proposal to all property owners within 120 metres (400 feet) of the property boundaries.

A staff report will be prepared and will generally be available in the Planning department on the Tuesday afternoon before the public meeting.

A public meeting will be held. This is an opportunity for anyone to make inquiries about the application or request additional information.

Following the Public Meeting, Council will generally refer the application back to staff for further review and to consider comments expressed at the Public Meeting. The applicant may also be asked to provide additional information or revised drawings to reflect comments from agencies or staff.

Typically, Council will consider the Planner's decision the following week at the Council meeting.

When all comments have been received and all concerns resolved, the Planning department will prepare a second report and make a recommendation to Council regarding the application.

The decision made by Council is subject to a twenty-day appeal period which begins the day the decision is mailed out by the Municipal Clerk. If no appeal is filed, the decision is final and binding and the new amending By-law is then in effect.

What are the fees?

Note: If rezoning is being done to satisfy a condition of consent, the $500.00 charged for the severance application includes both severance and rezoning applications.

How long does it take?

The rezoning procedure described above applies to most applications and takes approximately six months. The timeframe may vary depending on the complexity of the application. The timeframe is also affected by Council's schedule and the number of applicants being processed at any given time.

Can the decision be appealed?

If the Municipality fails to make a decision within a prescribed timeframe, or if an application is denied or conditionally approved, the applicant may appeal the decision of Council to the Local Planning Appeals Tribunal (LPAT). A landowner may also appeal an application if they have a valid reason for disagreeing with the decision of Council.

An appeal must include a completed LPAT Appeal Form and must be accompanied by a cheque made out to the Minister of Finance. All appeals and fees are submitted to the Municipal Clerk.