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Planning

Zoning by-law amendment
 
The Official Plan of the United Counties of Prescott-Rusell outlines in a broad manner the land use and development guidelines within the Township of East Hawkesbury.  A Zoning By-law, on the other hand, outlines how a specific parcel of land may be used. Zoning By-laws also regulate lot size, parking requirements, building height and other site-specific factors. 
 
Revised Comprehensive Zoning By-Law No. 92-50 has been adopted by the Council on January 15, 2003.

If an applicant wishes to develop a property in a manner that deviates from the current zoning provisions, they must apply for a Zoning By-law Amendment; also referred to as a rezoning. For example, a change of use from residential to commercial would require a Zoning By-law Amendment. The Municipal  Council or Ontario Municipal Board must approve any amendment to the Zoning By-law.

Sometimes a property owner only wants to make a minor deviation to the Zoning By-law provision such as a building setback or height restriction requirements. Owners who want to have minor changes to the use of their property that differ only slightly from Zoning By-law provisions can instead apply to the Committee of Adjustment for what is known as a "minor variance".

For example, a property owner planning an addition on to their house determines that with the addition there will only be a 9.5 meter rear yard. The Zoning By-law requires a rear yard depth of 10 meters. This is a minor deviation, and the owner could apply to the Committee of Adjustment for a minor variance that if approved would relax the rear yard requirement under the Zoning By-law and allow for the addition to proceed.

In some cases, changes to By-laws result in developed properties losing their former conformance with zoning regulations. In this case, if the owner had legally used their property or if they had obtained a construction permit before the Zoning By-law changed, they may have "non-conforming rights" to use the land as they had before the new zoning came into affect. However, the Committee of Adjustment must approve any change to or expansion of such use.

How to apply
Before making an application, you should discuss your proposal for a Zoning By-law amendment with the Chief Building Official of the Municipality. See the Fee Schedule for application fees.
 
 What Happens Next 
Property owners who are listed on the Assessment Rolls and who are within 120 metres of the property in question will be notified of the application in writing and other agencies. As well, you will be required to post a sign on your property advising of the requested change.A public hearing will be held, at which time the Council will hear you or any other person who is in favour of or opposed to the application.
If Council approves the proposed amendment, it will pass a by-law which will be circulated to give interested parties the chance to appeal. A 20-day appeal period is provided for, once notice of Adoption of the By-law has been given. If no appeals are received by the end of the appeal period, the amendment is in full force and effect. 
 
Appeal
If Council refuses your application or neglects to make a timely decision, you may appeal to the Ontario Municipal Board. The Board may hold a Hearing to decide on the amendment.
 
Other Permits or Approvals that may be required
Official Plan Amendment - If proposed use of land does not conform to the Official Plan. 
Site Plan Control Applications - For most commercial and industrial developments, for certain residential developments, for the establishment of parking lots, for certain changes in land use, and for any development in certain zones.
 
Please note that an application for a Minor Variance, an Amendment to the Zoning By-Law or a Site Plan Application must be sent it to the following address:

Township of East Hawkesbury
5151 County Road 14
P.O. Box 340
St-Eugene ON K0B 1PO

 



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