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Comprehensive Zoning By-law

The City’s Comprehensive Zoning by-law appropriately implements provincial, regional, and local policies.

A zoning by-law controls the use of land in your community. It states exactly:

  • how land may be used
  • where buildings and other structures can be located
  • the types of buildings permitted and how they may be used
  • the lot sizes and dimensions, parking requirements, building heights, and setbacks from the street

Why do you need a zoning by-law?

A zoning by-law:

  • implements the objectives and policies of a municipality's official plan
  • provides a legal way of managing land use and future development
  • the official plan is protection against conflicting and possibly dangerous land uses in a community

What is a zoning by-law amendment?

If you want to use or develop your property in a way that is not allowed by the zoning by-law, you may apply for a zoning change, also known as a zoning by-law amendment or a rezoning. Council can consider a change only if the official plan (OP) allows the new use.

Before applying for rezoning, consult with City staff for advice and information. The City requires a free preliminary consultation meeting before the submission of any planning application. To apply for a rezoning, you must complete an application form which requires information identified by the ministry and the municipality. An application fee and associated agency review fees must be paid at the time of submission.

The process for handling zoning by-law amendments is the same as for an OP amendment. If council refuses your zoning application, or if it does not decide within 90 days of the receipt of your application containing the prescribed information, you may appeal to the Ontario Land Tribunal (OLT).

The OLT is an independent administrative tribunal responsible for hearing appeals and deciding on contentious municipal matters.

The project aims to develop a new Comprehensive Zoning by-law appropriately implementing provincial, regional, and local policies. The new Zoning by-law is a simplified document, easier to read and understand by the general public and implement more efficiently.

The result of the project is a new Comprehensive Zoning by-law for the entire city. The new Zoning by-law implements the development vision of the OP and will change various use permissions and regulations currently existing for some lands.

The City adopted a new OP, approved by the Niagara Region with modifications and deferrals, on October 21, 2011. This new OP addresses the City's pressures and opportunities and is reflective of the extensive community consultation. The Planning Act requires a municipality’s Zoning by-law to conform to its OP.

On March 18, 2014, Council approved retaining GSP Group Incorporated to assist in creating a new Comprehensive Zoning by-law.

Background review and by-law review were conducted from March 2014 until September 2015.

Public and stakeholder consultation was conducted in November and December 2015.

A draft of the new Comprehensive Zoning by-law was released for public and stakeholder consultation and comment on April 5, 2016.

A public open house was held on April 21, 2016, and the final draft Comprehensive Zoning by-law was released for review on April 21, 2017.

A public information meeting was held on May 29, 2017.

A statutory public meeting was held on June 6 and 13, 2017.

On October 10, 2017, General Committee approved the following recommendations:

RECOMMENDATION:
THAT THE COUNCIL OF THE CITY OF WELLAND approves the City of Welland Comprehensive Zoning by-law; and further
THAT excluding east of Niagara Street related to the Gadsby area and those identified as Smart Centre Properties; and further
THAT the excluded areas proceed through further consultation and review; and further
THAT pursuant to Section 34.17 of the Planning Act, no further notice is determined to be necessary for the changes made to the proposed Comprehensive Zoning by-law; and further
THAT pursuant to Section 34.10.0.0.2 of the Planning Act, applications for minor variance and Zoning by-law amendment are permitted during the two-year period after the by-law is approved.

On October 17, 2017, City Council approved the following recommendations:

THAT THE COUNCIL OF THE CITY OF WELLAND approves the City of Welland Comprehensive Zoning by-law; and further
THAT the properties known as 418, 424, and 430 Aqueduct Street; 650, 656, 664, 670, 678, 684, 694, and 698 Niagara; and 69, 102, 165, and 158 Primeway Drive;
THAT THE COUNCIL OF THE CITY OF WELLAND excludes east side of Plymouth Road between First Street and Second Street and follow regular review process; and further
THAT the excluded areas proceed through further consultation and review; and further
THAT pursuant to Section 34.17 of the Planning Act, no further notice is determined to be necessary for the changes made to the proposed Comprehensive Zoning by-law; and further
THAT pursuant to Section 34.10.0.0.2 of the Planning Act, applications for minor variance and Zoning by-law amendment are permitted during the two-year period after the by-law is approved.

On November 16, 2017, the by-law came into effect with the exception of one area that was appealed to the OMB and three deferred areas.

 

Zoning by-law 2017-117 and schedules

Paper copies are available for viewing from the planning and building division at City Hall.

Background information

 

View larger zoning map


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