Rezoning Application

What is a Rezoning Application?

A rezoning application is a request to change the current Zoning By-law provisions as they apply to your property. It may be an application to change the land use, for example from a home to a business, or from a farm to a golf driving range. It may also be an application to change the by-law requirements such as setbacks, height, parking spaces, etc.

Pre-consultation

Before submitting an application, the owner/applicant must consult with staff and agencies in accordance with the Municipality’s pre-consultation procedure.

How do I apply?

Rezoning application forms are available online or from the Planning and Infrastructure Services Department. The completed application form must be accompanied by the proposed plans and/or drawings, the appropriate application fee and all other requirements included on the form and discussed during the pre-consultation meeting. The drawings should detail the changes applied for and possibly include: building locations or expansions, road widening, entrances, loading and parking areas, landscape areas, building setbacks and lot coverage.

What happens next?

A Planner will be assigned to your application and will circulate your application to other departments and agencies for comments.

You will be given information on how to post a sign on the property advertising the rezoning application and the date of the scheduled Public Meeting.

The Municipality will mail notice of your proposal to all property owners within 120 metres (400 feet) of the property boundaries.

The Planning and Development Committee will hold a Public Meeting in the Council Chambers at the Municipal Administrative Centre at 40 Temperance Street in Bowmanville. This is the opportunity for anyone who wants to speak in support of, or in opposition of the application to voice an opinion.

A Public Meeting report will be prepared by staff detailing the application and will be available in the Planning and Infrastructure Services Department generally on the Tuesday afternoon before the public meeting.

Additional information about an application will be available by contacting the Planning and Infrastructure Services Department. Also, any comments on the application may be voiced or submitted in writing to the Planning and Infrastructure Services Department.

Following the Public Meeting, the Planning and Development Committee will generally refer the application back to staff for further review and to consider comments expressed at the Public Meeting. The applicant may also be asked to provide additional information or to provide revised drawings to reflect comments from agencies or staff.

Typically, Council will consider the Committee’s decision the following week at the Council meeting.

When all comments have been received and all concerns resolved, the Planning and Infrastructure Services Department will prepare a second report and make a recommendation to Committee/Council regarding the application. Again, this report is generally available the Tuesday afternoon before the Monday meeting.

The decision made at the Committee will be ratified or denied by Council the following Monday evening and is subject to a twenty-day appeal period which begins the day the decision is mailed out by the Municipal Clerk. If no appeal is filed, the decision is final and binding and the new amending by-law is then in effect.

What are the fees?

Please refer to the fee schedule for the current fees.

Are there other fees?

Please refer to Agency Review Fees for development applications for a complete list of fees payable to the Durham Region Health Department, Durham Regional Planning and the Conservation Authorities. These fees are discussed during the pre-consultation meeting and are payable to the individual agency, but submitted to the Municipality when making an application.

How long does it take

The rezoning procedure described above applies to most applications and takes approximately six months. The timeframe may vary depending on the complexity of the application. The timeframe is also affected by Council’s schedule and the number of applications being processed at any given time.

Can the decision be appealed?

If the Municipality fails to make a decision within a prescribed timeframe, or if an application is denied or conditionally approved, the applicant may appeal the decision of Council to the Ontario Land Tribunal (OLT). A landowner may also appeal an application if they have a valid reason for disagreeing with the decision of Council.

An appeal must include a completed OLT Appeal Form and be accompanied by a cheque made out the Minister of Finance (refer to Fee Schedule and form). All appeals and fees are submitted to the Municipal Clerk.

Are there other permits or approvals required?

Despite receiving rezoning approval your application may be subject to other approvals or permits. Site plan approval, a building permit, Conservation Authority permit or Health Department permit may still be required before construction. The required permits and approvals will be discussed during the pre-consultation meeting.