Zoning By-law and Amendments

If you want to use or develop your property in a way that is not allowed by the zoning by-law, you may have to apply for a zoning change, also known as a zoning by-law amendment or a rezoning. Council can consider a change only if the new use is allowed by the official plan. Before you apply for rezoning, you should talk to the Township Planner or Clerk, for advice and information. You are required to complete an application form which contains specified information and any other additional information that the municipality may require.

Download a Zone Change Application form

If Council refuses your zoning application, or if it does not make a decision within 150 days of the receipt of your application containing the prescribed information, you may appeal to the Local Planning Appeal Tribunal. For more information, click here to visit their website.

County Planning staff prepare a report for Council's consideration and evaluates it against criteria such as:

• conformity with the official plan and compatibility with adjacent uses of land
• suitability of the land for the proposed purpose, including the size and shape of the lot(s) being created
• adequacy of vehicular access, water supply, sewage disposal
• the need to ensure protection from potential flooding

When Council considers a zoning by-law, it shall have regard to the Provincial Policy Statement issued under the Planning Act. The Provincial Policy Statement contains clear, overall policy directions on matters of provincial interest related to land use planning and development. The "shall have regard to" rule means that a Council is obliged to consider the application of a specific policy statement when carrying out its planning responsibility. It is expected that the Council will implement the Provincial Policy Statement in the context of other planning objectives and local circumstances. (See The Planning Act, No. 1 in the series, and the Provincial Policy Statement. Both may be obtained through the government offices listed at the end of this guide.)

When Council decides to pass a zoning by-law, it must first give as much information as possible to the public. There must also be at least one public meeting before a by-law is passed and everyone who attends the meeting must have a chance to speak. Notice of this meeting is given 20 days in advance, by mail and through a sign posted on the subject lands. The Planning Act encourages early upfront involvement and the use of mediation techniques to resolve any conflicts. Make sure you make your views known early in the planning process. If you don't, this may mean that the LPAT could dismiss any appeal you may make later on, without holding a hearing. The County Planning staff, in review of the application, may also consult with interested agencies before it makes a decision. After hearing everyone's concerns, Council may decide to pass, change or reject the proposed by-law. If it decides to make some changes, it may also decide to hold another public meeting. Once Council has passed the by-law, it must give notice of the passing of the by-law within 15 days after the by-law is passed. Any person or public body may, not later than 20 days after the notice of the passing of the by-law is given, appeal to the LPAT by filing a notice of appeal with the Township Clerk at the Township office. The appeal should set out the objections to the by-law and the reasons in support of the objections accompanied by the fee required by the LPAT.

For any inquiry regarding a zoning by-law or amendment, please contact the Township Planner at 519-485-2490 ext 7237.