A zoning by-law is a document approved by City Council which defines the permitted uses and development standards for specific areas or "zones".
The zoning by-law is a precise document which must be in conformity with the municipality's Official Plan which is the more general policy planning document of the City.
Zoning by-laws provide municipalities with a way to coordinate land uses, protect areas by preventing incompatible uses and establish appropriate standards for development.
A typical zone contains a list of uses permitted in that zone and the regulations related to lot size, setbacks, building height and building size.
The zoning by-law also contains general provisions which relate to all areas. Typically these regulations contain standards for accessory buildings, building close to hazards such as flood zones or railway tracks and the provision of parking.
A new comprehensive zoning by-law for the City, as a whole, was approved July 15, 2010. The text and maps of the by-law are available below.
Consolidated Zoning By-law
City of Kenora Zoning By-law Schedules
Zoning By-Law Amendment
How is the Zoning By-law amended?
Consideration of an application to amend the zoning by-law may be considered by the Planning and Property Committee and a recommendation is made to City Council.
City Council then makes a decision on whether or not to pass a by-law amending the zoning by-law. The decision of City Council may be appealed to the Ontario Municipal Board (OMB).
Why would I apply to amend the Zoning By-law?
If a proposed use for a property is not permitted, or if the standards of a zone cannot be met by a development proposal, an application may be made to amend the zoning by-law or to "rezone" the property.
An amendment to the zoning by-law must conform to the Official Plan. If it does not, the amendment may not be appropriate or an amendment to the Official Plan is also required.
Where minor changes to zoning regulations are proposed, an application for a Minor Variance may be more appropriate. This is a different process, involving the Committee of Adjustment (Kenora Planning Advisory Committee).
The Planning Administrator and Secretary Treasurer of the Kenora Planning Advisory Committee is Tara Rickaby. She can be reached at 807-467-2059 or via e-mail at firstname.lastname@example.org
Amendment Review Process
The process for reviewing an application to amend the zoning by-law is legislated by the Ontario Planning Act.
The Zoning By-law amendment process typically takes between two and five months from submission of the application to approval by City Council.
If no appeals to the by-law are received, the zoning by-law amendment comes into effect twenty days after its passing. Complex applications, for example those involving considerable public input, substantial and perhaps complicated supporting information or consideration of related applications (such as Official Plan Amendment or Plan of Subdivision) may take substantially longer.
Generally, in the City of Kenora, the process involves the following 9 Steps.FLOW CHART FOR ZONING
1. Pre-consultation with Development Review Staff
Preliminary plans and ideas should be discussed with the Planning Department staff prior to an application being submitted. The Planner will confirm whether a zoning by-law amendment is necessary, indicate the feasibility of the requested change and problems which may be encountered, outline supporting information which will be required in the review of the applications, and point out other planning changes which may be required.
2. Submit the Application
To begin the process, submit a completed application form together with the required fee and supporting information. Applications will not be accepted if insufficient or inaccurate information is required.
3. Application Review
The planning department will advertise in a local newspaper and /or circulate a "Notice of Receipt of Application" to all property owners within 120 metres of the subject lands and to interested parties notifying the public of the application and requesting comments. Comments will also be requested from other City departments such as Building, Roads and Engineering, KMTS, Kenora Hydro (or Bell Canada and Hydro One) which may have an interest in the proposal. All comments will be provided to the applicant and meetings may be scheduled to discuss any issues which may arise as a result of the review.
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4. Notice of Public Meeting
Once the review of the application is complete, a date for a Public Meeting at which the application will be discussed is set. Notice of the Public Meeting is published in a local newspaper and mailed to property owners within 120 metres of the subject property and to interested parties, at least 20 days in advance of the public meeting. Such meeting is held just before an open Council meeting.
5. Report to City Council
A report to City Council is prepared by the Planning Department. A recommendation on approval and a draft zoning by-law amendment (if applicable) are included in the report. Frequently, the Kenora Planning Advisory Committee reviews the application and also makes a recommendation to Council.
6. City Council Meeting
City Council may adopt the Planner's recommendation, amend it, or refuse it, or refer it back to the Committee for clarification or revision.
7. Notice of Passing
If City Council approves a zoning by-law amendment, a Notice of Passing is advertised in a local newspaper, and to interested parties. The Notice of Passing provides information on the amendment and gives a 20 day period in which an appeal of the by-law may be made to the Ontario Municipal Board (OMB). www.omb.gov.on.ca
Notwithstanding Council's decision respecting the application, the decision is not final for 20 days after the day that the notice is published. During this time, anyone who does not agree with the decision of Council may appeal that decision to the Ontario Municipal Board (OMB).
If there is no appeal of the decision, the Zoning By-law or amendment, comes into effect as of the day it was passed.
Applications for zoning by-law amendments and minor variances to the zoning by-law are available at the Operations Centre or can be downloaded from the On-line forms section of the portal
Once the application is completed (including a site plan and/or survey) and it and the attached fee are received at 60 Fourteenth North, 2nd Floor, the file is placed on the next meeting agenda for the Kenora Planning Advisory Committee.
The fee for Zoning By-law Amendment is $900.00 and the fee for an application for a minor variance is $300.00. The fee must accompany the completed application form (forms available at the Operations Centre/Planning Department - 60 Fourteenth Street N, 2nd Floor, or online). Please refer to the City of Kenora Official Plan (2010) for further information with respect ti submission requirementss.
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If you need more specific information or would like to make an appointment to speak with the Planning Department Staff please contact us.
If you need further assistance please contact either Tara Rickaby at 807-467-2059, email email@example.com
Operations Centre, 60 Fourteenth Street N. 2nd Floor, Kenora, ON P9N 4M9
Related Planning and Development Links
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