The What and How of Zoning By-laws
Zoning By-laws establish and regulate the use of land by implementing the policies of the Municipality's Official Plan.
They provide cities with a way to co-ordinate land uses, protect areas by preventing incompatible uses, and establish appropriate standards for development. Zoning By-laws contain specific, legal regulations - for example, what uses are permitted, how high buildings can be built, the maximum number of residential units allowed, and the amount of off-street parking required.
What is a Zoning By-law?
A Zoning By-law:
• Implements the policies of the Official Plan
• Provides a legal way of managing land use.
A Zoning By-law controls the use of land in your community. It states exactly:
• How land may be used.
• Where buildings and other structures can be located.
• The types of buildings that are permitted.
• The lot sizes, parking requirements, building setbacks etc.
A Zoning By-law divides the Municipality into different land use zones, with detailed maps.
What is the role of the Official Plan?
All amendments to the Zoning By-law must conform with the Official Plan. If not, an amendment to the Official Plan is also necessary Other approvals must be obtained when a subdivision is also proposed.
Why change the Zoning By-law?
A common reason for amending the Zoning By-law is that the existing zone does not permit the full development potential of a property. Where minor changes to zoning regulations are proposed, an application for a minor variance may be more appropriate.
Who approves amendments to the Zoning By-law?
Council considers zoning amendments. The public may attend and participate in these meetings. The decision to approve or reject an application is made by Council after considering the recommendations of the Planning Consultant and the Planning Services Department. If a formal objection to Council's decision is submitted, the ultimate decision will be made by the Ontario Municipal Board.
How is the Zoning By-law amended?
The process for amending the Zoning By-law is as follows:
Step 1 - Consult with Staff
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Before you fill out an application, contact the Zoning Review Officer (1st Floor, Civic Centre, 519.360.1998) to determine whether or not you meet the zoning requirements for your property. If you do not, discuss your plans with our Planning Consultant (330 Richmond St., Suite 204, Chatham, 519.354.4351) at which time the following matters can be discussed. This is necessary to determine:
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The need for a zoning by-law amendment;
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the nature of the zoning by-law amendment;
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If you decide to proceed with a zoning by-law amendment application, you will be given the appropriate form.
Step 2 - Complete the Application
Complete the Application, including the following:
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A copy of the survey showing the location and size of the buildings and of the parking and access on the lot;
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A cheque made payable to the Municipality of Chatham-Kent for the application fee (variable fee structure); a deed to the property showing ownership;
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If you are using an agent or solicitor, your written authorization identifying by name the individual who will be your agent or solicitor. in some cases, additional information could be helpful in assessing an application;
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You are encouraged to submit photographs or other relevant documentation.
Step 3 - Notice of Public Meeting and Circulation of Application
After your application has been received, a notice of Public Meeting will be sent to all assessed property owners within 400 feet of the property, at least 20 days before the date of the meeting. At the same time copies of your application will be circulated to other Municipal departments, and, in some cases, to external agencies. The purpose of this circulation is to receive advice from and/or the requirements of these interested agencies in the form of reports for Council that are considered at the Public Meeting.
Step 4 - Public Meeting and Decision
It is important that you and/or your agent or solicitor attend the Meeting to explain the reasons for your application; if you do not attend, the Consultant and Planners may proceed in your absence. Other interested persons are also entitled to attend and to express their views about the application. Council will also consider verbal advice and written reports from staff. Council will also use the following criteria to evaluate the application and reach its decision: Is it desirable for the appropriate development or use of the land, building or structure? Is the general intent and purpose of the Official Plan and the Zoning By-law being maintained? If your application is approved, Council may impose conditions as part of its decision.
Step 5 - Notice of Decision
Within 10 days of Council making its decision, the Municipality will mail one copy of the decision to you and to anyone else who filed a written request for notice of the decision. Information is included in the Notice of Decision outlining appeal procedures and identifying the last day for appealing Council's decision to the Ontario Municipal Board.
Step 6 - When the Decision is Final and Binding
If no appeal is made by the end of the 20 day appeal period, the decision is final and binding. You will be notified by mail and if the application has been approved, the zoning by-law amendment will come into effect.
How long does it take?
The process usually takes between 10 to 12 weeks from submission of the application to consideration by Council. If no objections are submitted, the Zoning By-law amendment comes into effect a month later. Complex applications, for example where there is also consideration of an amendment to the Official Plan, can take longer.
Important points to remember include:
Consultation with our Planning Consultant is encouraged before submitting an application. Staff are available to explain the process, indicate the feasibility of the requested change and problems which may be encountered.
Applications will not be accepted if insufficient or inaccurate information is provided.
Need Further Information?
Planning Services
315 King St. West, 2nd Floor
Chatham, ON N7M 5K8
Telephone: 519.360.1998
Fax: 519.436.3237
For more information, please contact CKplanning@chatham-kent.ca