Rezoning, or application for change of land use district, is the most common reason for the bylaw amendment. Rezoning is often requested when an applicant wishes to develop lands for a certain purpose and that purpose is not supported in the current zoning of the property under the bylaw. For example, an owner might apply to rezone a single-family property or a group of adjacent properties in the downtown core to multi-family residential to support the development of a four-plex. Or the application may be made to rezone an undeveloped area in order to accommodate subdivisions for a specific purpose.
Sometimes bylaw amendment is requested to add a use not previously contemplated to the list of permitted or discretionary uses in a specific land use district or to create site-specific regulations for a property faced with unique circumstances.
What is the process?
- Application is made to the Planning & Development Department on the Land Use Bylaw Amendment Application form with payment of the applicable fee.
Land Use Bylaw Amendment Application
Municipal Development Plan Amendment Application
Subdivision & Development Appeal Board Appeal
- The Planning & Development Department drafts a bylaw amending the Land Use Bylaw and takes it before Council at the next regular meeting where it can be accommodated on the agenda, depending upon the timing of receipt of application and other factors (usually within one month of receipt of application).
- Council gives the first of three readings to the proposed bylaw and sets a date for a Public Hearing.
- The Public Hearing is held at a regular meeting at least one month after the first reading in order to accommodate legislated advertising requirements and, if Council deems that the bylaw should be passed, second and third readings are given at the same meeting as the public hearing and once signed the bylaw comes into effect.
- Application may then be made for a Development Permit or for subdivision if same was dependent upon the amendment being passed.
There is no guarantee that Council will approve bylaw amendments. Each application is decided based on its individual merits.
The Planning & Development Department will be pleased to assist you with your application or answer your questions relating to the bylaw amendment.
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