Integrated Services - Planning Division
Zoning By-law Amendment Application/Process:
- Submission Requirements
- Environmental Site Screening Questionnaire (pdf)
- Zoning By-law Amendment Application (pdf)
- Zoning By-law 2667, as amended
- Zoning By-law 1538 (Crowland), as amended
- Common Questions:
- What is A Zoning By-law?
- How Does a Zoning By-law differ from an Official Plan?
- Why are Zoning By-laws needed?
- What other types of Zoning By-laws are there?
- How is a Zoning By-law Passed?
- What is a Zoning By-law Amendment?
- How am I involved?
- What Rights of Appeal do I have?
- What if all I need is a Minor Change in the By-law?
October 2011
What Is A Zoning By-Law?
A zoning by-law is a document used by the City of Welland to regulate the use of land. It states exactly what land uses are currently permitted in the City and provides detailed information such as:
- where buildings or structures may be located;
- types of uses and permitted;
- standards for lot size, parking requirements, building height, side yard dimensions and setback from the street.
How Does A Zoning By-Law Differ From An Official Plan?
While official plans set out the general, long-range policy framework for future land use, zoning by-laws put those plans into effect and provide for their day-to-day administration.
Unlike the official plan, the zoning by-law contains very specific and legally enforceable regulations. Any new development or construction that fails to comply with a municipality's zoning by-law is not permitted and will be denied a building permit.
The City has zoning by-laws that divide the entire municipality into land use zones. A detailed map of these zones forms an important part of the written by-law. Within each zone, the by-law specifies the permitted uses (eg: commercial or residential) and the required standards (eg: location and size of buildings).
Why Are Zoning By-Laws Needed?
- to help implement the objectives and policies of a municipality's official plan;
- to provide a specialized legal tool for managing the use of land and future development in your community;
- to help maintain existing property values and protect property owners from the development of conflicting land uses.
What Other Types Of Zoning By-Laws Are There?
A number of specialized by-laws may be used to control land use:
- holding by-laws set out the future use of land or buildings but delay their development until, for example, local services such as sewers and water supplies are in place. Interim uses are usually specified;
- interim control by-laws are used to place a temporary 'freeze' on certain land uses while a municipality is studying or reviewing its land use policies. Such a freeze can be put in place for a year at a time, to a maximum of two years only;
- temporary use by-laws zone land or buildings for a specific use for a maximum of three years at a time, with further extensions possible;
- increased height and density (bonus) by-laws enable a municipality to award increases in density and height of development in return for meeting specific municipal planning objectives. These objectives may include but are not limited to the provision of assisted housing, the preservation of buildings with historical or architectural value, the provision of additional open space or the provision of other services.
How Is A Zoning By-Law Passed?
When a municipality decides to prepare a comprehensive zoning by-law, it must first make adequate information available to the public. Local councils must hold at least one public meeting to allow citizens an opportunity to express their views before a decision is made. Notice of this meeting is given in advance, through the local newspaper. Anyone present at the meeting has a right to address the proposal.
Your local Council also consults with interested agencies, boards, authorities or commissions before making a decision. When full consideration is given to all concerns, Council passes a zoning by-law. If changes are made to the proposal, Council must decide whether another public meeting is necessary.
What Is A Zoning By-Law Amendment?
If you propose using or developing your property in a way that does not comply with the existing by-law, you may have to apply for a zoning change. A rezoning, or zoning amendment, can be considered only if your new use is allowed by the City's Official Plan.
However, before you apply for a rezoning, you should discuss your proposal with the City's Integrated Services - Planning Division staff. They can offer preliminary advice and information on how to proceed with a formal application.
The process for dealing with zoning amendments is the same as for a zoning by-law. It may also involve review by committees or municipal staff, as well as public meetings and negotiations. If local Council refuses your zoning application you may appeal to the Ontario Municipal Board (O.M.B.) directly, by writing to the Secretary of the Board.
How Am I Involved?
If you are concerned about a zoning application that may affect you or your property, you can take part in the decision making process in the community by:
- finding out as much as possible about the proposed by-laws;
- attending the public meeting and expressing your opinions;
- discussing the proposal with municipal staff and Council members;
- sending your views in writing to the Municipal Clerk.
Once the by-law is passed, a notice is sent out to those concerned advising them of Council's decision and specifying an appeal period.
What Rights Of Appeal Do I Have?
If your concerns cannot be resolved at the municipal level and you don't agree with Council's decision on the by-law you can, as a last resort, make an appeal to the O.M.B. by writing to the City Clerk. You have a specified period from the date of the Council decision to make your appeal. Remember to write down the reasons for your appeal in detail. The O.M.B. will hold a public hearing at which you'll have an opportunity present your case.
The O.M.B. can either allow or dismiss your appeal, or repeal or amend the by-law in any way it sees fit. The decision is final.
An appeal to the O.M.B. is a serious matter requiring considerable time, effort and in some cases, expense on the part of everyone involved. A hearing can be as brief as a couple of hours if it involves few witnesses and only one or two planning issues but in more complex situations, involving a number of adversaries, the hearing could stretch out over several days, sometimes even weeks.
What If All I Need Is A Minor Change In The By-Law?
If you have a proposal that is essentially in keeping with the zoning by-law, but does not conform exactly, you may apply for a minor variance. This eliminates the need for a formal rezoning application in cases where, for example, because of the shape of your lot, what you are proposing to do may prevent you from meeting the minimum side yard setback.
As long as the general purpose and intent of the by-law and official plan can be maintained, a variance of "minor" significance can be considered by your municipality.
Obtaining a minor variance involves application to the City's Committee of Adjustment, followed by a public hearing and full consideration of your proposal. Committees of Adjustment are appointed by local Councils to deal with minor problems in meeting municipal by-law standards.
Anyone who disagrees with the Committee's decision should make sure that their appeal gets to the Secretary-Treasurer of the Committee setting out the reasons supporting the objection. This must be done within 20 days of the Committee's decision.
Unlike a zoning amendment, a minor variance does not change the existing by-law. Instead, it provides relief from the specific requirements of the by-law in order to allow you to follow through with your proposal and obtain a building permit.
Submission Requirements:
Rev. October 4, 2011
The Applicant is required to provide appropriate answers to all questions on the Application form. It should be noted that if all prescribed information is not provided, the Application shall not be accepted. The completed Application should be submitted, together with the required fees, and the following:
- total land holdings of the Applicant(s) in the area, with the property proposed for rezoning outlined in red and other holdings suitably indicated;
- the boundaries and dimensions of the subject land;
- the approximate location of all natural and artificial features on the subject land and on adjacent lands that, in the opinion of the applicant, may affect the Application. (i.e. buildings, railways, roads, watercourses, drainage ditches, river/stream banks, wetlands, wooded areas, wells, septic tanks etc.);
- the current uses on adjacent lands;
- the location, width and name of any roads, unopened road allowances, private road or right-of-way which are within or abut the subject lands;
- the location and nature of any easement affecting the subject land;
- location, size, type and use of any existing buildings or structures on the subject land, including the distance of the buildings or structures from the front, rear and side lot lines;
- existing and proposed servicing (i.e. water, storm and sanitary sewers).
- Six (6) copies of a Phase I Environmental Audit Report for lands included in the Application.
- A Preliminary Study to determine the location and status of any gas wells located on the subject land.
- Six (6) copies of an Environmental Impact Study (EIS) shall be submitted with the Application if it is determined, through pre-consultation with the Niagara Peninsula Conservation Authority and/or Regional Niagara Planning and Development
- A Registered Deed, including a full legal description of the subject lands, must be provided. As well, a copy of the parcel register “PIN Sheet” from the Registry Office is required.
- The Application fees (both City and Region) must accompany the Application. Separate cheques should be made payable to the City of
- For larger projects, an electronic version of the Reference Plan in AutoCAD .DWG format in Version 14 or higher, with the following spatial characteristics:
- If these are combined Zoning By-law/Official Plan Amendment Applications, the number of plans and information required may differ.
- All Applications should contain information to address the applicable issues as set out in the Provincial Policy Statement 2005 as provided by the Ministry of Municipal Affairs. If a proposal is affected by a Policy Statement which would require qualifying or mitigating studies (i.e. Policy 2.3.1 b) then a study will be required to be submitted at the time of the Application. Failure to do so may delay the City's decision making process or could result in a decision to deny the Application as premature (insufficient information) due to the implementation of a timeframe for decision making under the Planning Act, as amended. The Application shall state that the Plan is consistent with Policy Statements issued under Section 3(1) of Planning Act. Copies of the Policy Statement are available from the Publications
- The Applicant is required to complete the attached Environmental Site Screening Questionnaire and submit it with the Application.
- All Applicants are strongly urged to discuss the preliminary proposal with Municipal
NOTE: All plans must be drawn to a useable metric scale (i.e. 1:100, 1:300, 1:500). One (1) copy of all plans reduced to 21.6 cm x 35.6 cm (8½" x 14") must be supplied with all Applications. Depending upon the scope of the requested amendment, fewer or more copies of the plan may be required. Please contact the Integrated Services
Map Projection: Universal Transverse MercatorHorizontal Datum: NAD83 Zone 17 North
Horizontal Units: Metres
The graphics in the drawing must be geographically positioned to 3rd order accuracy. The City’s horizontal control network (UTM NAD83) may be used as a control reference and can be accessed on the City of Welland Internet Map Server at the following web address: http://gis.welland.ca/wims/login.asp
Please email the electronic information to rose.difelice@welland.ca, michael.horsley@welland.ca and christopher.mazzuca@welland.ca indicating the Zoning File Number and the name of the Applicant.
LIST OF CONTACTS:
CITY OF
(905) 735-1700
- INTEGRATED SERVICES
PLANNING DIVISION
ROSE DI FELICE - EXT. 2246 - INFRASTRUCTURE SERVICES
ENGINEERING DIVISION
MARVIN INGEBRIGTSEN - EXT. 2209 - TRAFFIC DIVISION
DAVID FERGUSON - EXT. 2202
CITY OF WELLAND
99 FEDERAL ROAD
WELLAND, ONTARIO, L3B 3P2
(905) 735-1700
- PUBLIC WORKS
JERRY BOC - EXT 3003
WELLAND FIRE DEPARTMENT
636 KING STREET
WELLAND, ONTARIO, L3B 3L1
(905) 735-9922
- FIRE AND EMERGENCY SERVICES
DENYS PREVOST
REGIONAL MUNICIPALITY OF NIAGARA
P. O. BOX 1042
2201 St. David's Road, Campbell West
THOROLD, ONTARIO, L2V 4T7
(800) 263-7215
- DEVELOPMENT SERVICES DIVISION
LINDSAY EARL - Ext. 3387
REGIONAL MUNICIPALITY OF NIAGARA
P.O. BOX 1042
2201 ST. DAVID’S ROAD
THORLOLD, ONTARIO, L2V 4T7
(905) 685-4225
- PUBLIC WORKS DEPARTMENT
EUGENE CHAJKA
MINISTRY OF NATURAL RESOURCES
NIAGARA AREA OFFICE
4890 VICTORIA AVENUE NORTH
P. O. BOX 5000
VINELAND STATION, ONTARIO, L0R 2E0
(905) 562-4147
NIAGARA PENINSULA CONSERVATION AUTHORITY
250 THOROLD ROAD, 3RD FLOOR
WELLAND, ONTARIO, L3C 3W3
(905) 788-3135
- SUZANNE MCINNES - EXT 235
MINISTRY OF THE ENVIRONMENT
WEST-CENTRAL REGION
TECHNICAL SUPPORT SECTION
AIR, PESTICIDES & ENVIRONMENTAL PLANNING
12th FLOOR, 119 KING STREET WEST
HAMILTON, ONTARIO, L8P 4Y7
(905) 521-7864
- BARBARA SLATTERY
N.B. This list is not comprehensive.
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60 East Main Street, Welland, Ontario L3B 3X4 (905) 735-1700
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