Zoning

Zoning By-law 1037 governs the use of all lands, buildings and structures in the Town and how a use, building or other structure may be located on a property.

Before a building permit can be issued for proposed changes to property, including additions to an existing building, a parking lot expansion or the construction of a home addition or deck, the Building Department must confirm that the project meets the requirements of the zoning by-law applicable to that use, property, building or structure.

The policies and mandates of the Official Plan are implemented through the general zoning by-law.

From time to time, the Planning Department will ask Council to make changes to the zoning by-law to address legislative changes and to better reflect changes in construction practices, land use demands and community needs.

Re-zoning Applications

• Application for Zoning By-law Amendment

Site-specific property changes in land use require approval by Council. Submission of a completed Zoning By-law Amendment Application is required. Consultation with the Town Planner prior to the acceptance of a rezoning application is a prerequisite.

In addition, a prior special public meeting of Council must be held and notice given by newspaper notice or by written notice to adjacent property owners and tenants within 120 metres of the property under consideration. Council is required to hold at least one public meeting no sooner than 20 days after the requirements for the giving of public notice have been complied with. In most cases, the Planning Act provides for public appeal of a zoning by-law change, subject to specific rules of appeal.

How can the zoning by-law help me?

Zoning By-law 1037 is divided into sections. The definition section, section 7, defines land uses and activities. Use of this section will assist you in determining your own use and the regulations that apply to it.

Sections 8 to12 contain general lot, building and parking regulations that supplement the land use provisions of the zoning districts.

• Section 8 deals with various accessory uses, such as a garage accessory to a dwelling, home occupations and outdoor storage. It also deals with restricted and prohibited uses.
• Section 9 governs the size and location of decks, sunrooms and air conditioning units and identifies things not permitted in certain yards.
• Section 10 contains general building regulations related to accessory buildings, the limitations on construction in flood-prone areas, and building setbacks from highways and natural environment areas.
• Sections 11 and 12 set out regulations for on-site parking and the layout of parking areas. Most uses require the provision of on-site parking and that should be taken into consideration when any project is undertaken.

Sections 13 to 27 identify the land use districts as they relate to the zoning district maps in Section 29. The Town is divided into 18 zoning district maps from north to south.

How is my property zoned?

Look through the Zoning District Maps in Section 29 of the zoning by-law. When you find your location on a map, it will have a zoning district symbol and zoning district boundaries overlaid on the base map. The relevant zoning district will be found in one of the Sections 13 through 27. Each of these sections has a list of permitted land uses, such as a single-detached dwelling or a retail store, and a set of regulations that apply to the erection or expansion of any building or structure on the property.

The regulations contained in Sections 8 to 12 also have to be taken into account. For example, in Commercial District 1.1 (C1.1), a retail store is a permitted use. The number of required parking spaces for the retail store (Section 11) and the layout of the parking area (Section 12) and required landscaping space (C1.1 regulations) will also have to be set out in the site plan for the store.

How does zoning affect building permits?

When an application is made for a building permit, the site plan will be examined for conformity with the zoning by-law. For the sample retail store, the site plan and proposed building plan will be examined for compliance with required building setbacks from lot lines, building height, the provision and layout of on-site parking, driveway locations, landscaping and screening.

Please note that for large residential and non-residential uses, site plan approval may apply. If the site plan or proposed building does not fully comply with the provisions of the zoning by-law, you may be asked to revise the plan or building, or you may be advised to apply to the Committee of Adjustment for a variance to the zoning by-law.