The zoning by-law is the legal document that governs specific land-use in town. It is a very detailed directory of the town, considering each property, lot by lot, and clearly stating what you can and cannot do on each property.
The zoning determines if the property can be used for industrial, commercial, institutional, recreational or residential purposes. Within each of those categories are further restrictions such as the type of business or the type of residence you may have (single-family home or apartments). The by-law also sets out the limits for the height of structures, how far one must build from a property line, how many parking spaces you need, and much more.
The zoning by-law does not just look at your property, but more specifically at how what you do might affect your neighbour’s property and we try to mitigate that affect. Almost every situation is unique, so it is important you check the zoning before you go too far with any plans for your home or business!
Legal Non-Conforming Uses:
If you have built something or you are doing something on your property in full accordance with the current zoning by-law, the Town Council cannot make that illegal by changing the by-law. They can certainly change the zoning by-law, but your current use continues to be legal for as long as the structure stands or for as long as you continue that use. We call this a ‘legal non-conforming use’.
An example of a legal non-conforming use might be a chicken coop built 2 feet from the property line. If Council changes the zoning to state that all structures must be 4 feet from the property line you can keep the chicken coop there until it falls down or burns down. If Council forbids the raising of chickens on that property, you can continue raising chickens there, and even sell the property to another chicken farmer, but as soon as you stop raising chickens there, you lose that right and cannot start up again.
Amending the Zoning By-law:
Council may amend the Zoning By-law at anytime. However, the zoning must comply with the Official Plan, so an amendment to the zoning may also require an amendment to the Official Plan. You can see more information below on how to request an amendment to the Zoning or Official Plan.
Minor Variances:
Sometimes, a request for a building permit is just out by inches as far as the Zoning By-law is concerned, or you might be short one parking spot. Every situation is unique, and exceptions can be made without going through a full re-zoning ‘if’ the variance is considered ‘minor’. Such requests are forwarded to our Committee of Adjustment.
Severances:
Larger properties can be subdivided into smaller lots through either a Plan of Subdivision approved by Council, or by means of Severance. Staff may approve a severance that creates two legal lots, but a severance that would create a parcel that is not compliant with the zoning by-law would require approval from the Committee of Adjustment.
Other Supporting Plans:
Downtown Plan
Official Plan
In development:
Comprehensive Zoning Bylaw
Requesting Amendments and Variances
Community Improvement Plan