Zoning

1. Introduction

A zoning By-law Amendment (or a Rezoning) is a public planning process utilized by those who want to use or develop their property in a way that is not permitted by the Zoning By-law and may not qualify for a Minor Variance. The proposal must conform to both the United Counties of Prescott and Russell Official Plan and the Urban Area of the City of Clarence-Rockland Official Plan (if relevant), or an Official Plan Amendment(s) will also be required. This means the proposal must align with the permitted uses and development policies in the associated land use designation.  

2. Zoning By-law Amendment Approval Process

Step 1: Pre-Application Consultation

Pre-application consultation is a separate application process where staff review your proposal, confirm the appropriate application and identify materials, studies, etc., required to form a complete application.

1. Objective: Identify the appropriate planning application(s) and required supporting materials.
   1. Timeline: Typically scheduled within 2–3 weeks of request.
      1. Outcome: Staff provide a checklist of required studies, reports, and fees.

Step 2: Submission of Complete Application

Complete the application form and provide additional information staff identified as being required through your Pre-Application Consultation (if applicable). Staff will review your application and within 30 days deem it complete or incomplete. An incomplete application will not be further processed until the missing information is provided to the City’s satisfaction. Once deemed complete, staff will schedule your application onto the next available Planning Committee meeting.

1. Requirements: Application form, fees, planning justification report, site plan, deed of land and other studies as identified in the Pre-Application Consultation.
   1. Timeline: Staff have 30 days to determine if the application is complete.
      1. Note: Incomplete applications will not proceed until all required materials are submitted.

Step 3: Public Notice and Circulation

According to the Planning Act, a public meeting must be held. Staff will issue a notice of your application to surrounding property owners and a sign will be posted on your property. If notice by mail cannot be completed (i.e. postal strike), the notice will be posted in the local newspaper.

1. Notice Requirements: 
   1. Mailed to property owners within 120 metres and local agencies, and
      1. Posted on-site by the City’s contractor (and removed by  them after the meeting).
         1. or posted in the local newspaper
      2. Timeline: Notice must be given at least 20 days before the public meeting.

Step 4: Public Meeting

The public meeting will be online via Zoom, for which a link to attend will be provided to you. You, or your consultant, will be responsible to provide an overview of your application or a presentation to the Committee. The president of the Committee will then open the floor for questions from the members of the Committee. Afterwards, any person having an interest in your application will be given the opportunity to make their views known. The Committee will make a recommendation to Council. No decision is made. 

1. Format: Held by Planning Committee virtually via Zoom; applicant will present his file.
   1. Purpose: To gather public input and allow the Committee to ask questions.
      1. Timeline: Typically held 4–8 weeks after application is deemed complete.

Step 5: Decision by Council

Once a public meeting had concluded, Council can make a decision to approve, modify or deny your application.

1. Options: Approve, modify or refuse the application.
   1. Timeline: Decision must be made within 90 days of a complete application being received.
      1. Note: If no decision is made within 90 days, the applicant may appeal to the Ontario Land Tribunal (OLT).

Step 6: Notice of Decision and Appeal Period

Staff will issue a notice of decision to the applicant and anybody that provided comments or who requested to receive a notice of the decision. The Planning Act provides for a 20-day appeal period following the issuance of the notice. If no appeal is filed, Council’s decision is final and binding. 

1. Notice of Decision: Issued to the applicant and those who requested notification. Must be issued within 15 days of the decision.
   1. Appeal Period: 20 days from the date of Notice of the decision.
      1. Appeal Body: Ontario Land Tribunal (OLT).

Step 7: Finalization

1. If no appeals are filed, the by-law amendment comes into effect.
   1. If appealed, the matter proceeds to a hearing before the OLT.
2. Do I need a professional to act on my behalf?

Depending on the complexity of your application, you may wish to retain a Registered Professional Planner (RPP) or other knowledgeable representative to act on your behalf. The Ontario Professional Planners Institute provides a “Consultants Directory” to help you find a skilled RPP to meet your needs: https://ontarioplanners.ca/consultants-directory. 

4. What if Council denies my application

In accordance with Section 34 of the Planning Act, you can appeal the decision and/or conditions to the Ontario Land Tribunal (OLT). The last day for filing an appeal will be identified on the Notice of Decision. A “Notice of Appeal” setting out in writing the supporting reasons for the appeal should be received on or before the last date for “Appeal” accompanied by a completed Ontario Land Tribunal Appellant Form, and by the fee charged under the Ontario Land Tribunal Act, 2021, payable by certified cheque to the Minister of Finance, Province of Ontario. Please refer to the Tribunal’s website for an appellant form, fee, and more information on filing an appeal: https://olt.gov.on.ca/. Please note that the OLT can also receive appeals online. 

5. Submission Requirements

The following are required to be submitted as part of a complete application:

1. 1 original copy of the completed application form, signed by the property owner or agent in front of a Commissioner, and accompanied by a cover letter or a planning rationale in pdf format.
   1. The required fees, either cash, Interac, cheque or money order, payable to the City of Clarence-Rockland
      1. 1 pdf copy of the supporting documentation described in the application form (if applicable)
      2. Survey plan and/or reference plan of the subject property
      3. Copy of the Deed of Land or Parcel Register for the subject property, indicating the name of the current property owner and a full legal description of the subject property

6. Additional information

   1. Planning Committee meets once per month and the schedule is available on our Meetings and minutes - City of Clarence-Rockland webpage. 

      1. The application fee is non-refundable. Refer to the User fee by-law By-laws and Policies - City of Clarence-Rockland
      2. You may wish to consult with and notify neighbouring property owners well in advance of the Public Meeting.
      3.  It is beneficial (especially during periods of hazardous access conditions) to provide staff with site photos in case staff or members of Council are unable to conduct a site visit.
      4. Notice sign(s) will be installed by the City’s contractor and removed by them. The signs cannot be moved or removed by you. 

       

7. Process summary

The total duration of the process, from the date of submission of a complete application to final adoption is usually between 3-5 months. The process is longer if an application is not complete when it is first submitted, or if changes are made to the proposal during the process.