Zoning

Zoning by-laws ('ZBL') control what people can do with the properties they own. A ZBL passed under the authority of Ontario's Planning Act follows a municipality’s Official Plan. ZBL's assist the community’s future growth and development, and help to reduce land use conflicts. Neebing’s current Comprehensive Zoning By-law is 2017-030.

People consult the ZBL when they are buying property or considering development on property that they already own. If they intend to live on the land, they want to make sure a house can be built on the property and what zone any neighbouring properties fall under. Development might involve construction of more buildings on a property such as building a garage for an existing house.

There are steps to follow to be sure that you have checked the use rights for a land parcel. In every step, it is very important to remember that some of the words in the ZBL have definitions. To understand the provisions of the ZBL, you have to be sure you understand the definition of each word in each sentence.

For example, one of the terms defined in Neebing’s Comprehensive Zoning By-law is ‘Modular Dwelling’. The definition includes a minimum size requirement. If you just read that a ‘Modular Dwelling’ was allowed, without checking the definition, you might be planning to install something commonly known as a ‘Modular Dwelling’ that is smaller than the minimum size as defined in the by-law.

You also need to keep in mind any interpretation sections that might apply. The ZBL may have a section that deems any word that appears in singular form to also include the plural. Other interpretation sections may exist that will impact on the normal understanding of words, phrases and sentences throughout the ZBL.

• Review the ‘general use’ provisions of the ZBL keeping defined terms and interpretation sections in mind. These are rules that apply to all property in the municipality, no matter what zone category the land parcel has.
• Check to make sure there have not been any amendments to the ZBL that add, remove or change any of the general provisions, interpretation sections or definitions.
• Locate the property on the map schedule to the ZBL to determine what ‘zone’ it falls into.
• Check to make sure that there have not been any amendments to the ZBL to change the zone category for that property.
• Review the detailed land use provisions for the zone category keeping defined terms and interpretation sections in mind. These will typically list what uses are allowed on the land and the building restrictions related to buildings or structures that are permitted. For example, each zone will have setback requirements to ensure that proper distance is kept between buildings and one or more of the lot lines. There may be restrictions on building height or floor area.

Change of Use property rules

If you wish to develop or use your property in a manner that isn’t allowed by the ZBL, you could apply to the Council for permission. You will either need to have approval of a re-zoning application (with or without an accompanying Official Plan amendment) or approval of a minor variance.

The fee to file a Re-Zoning Application is $1000.00.  The fee to file an Official Plan Amendment Application is $3,000.00.

For more information on what constitutes a minor variance, check out our minor variance page.

Municipal staff can assist you to some extent with your application, but you may need to consult a private planning consultant or lawyer to assist you.