Not Zoning & More…
When I tell people that I'm a planner, they normally reply, "Oh, you deal with zoning, right?" Yes, I deal with zoning.
That's only part of the picture, though. This tells me that zoning is what people see and may understand, sort of. But zoning is only one tool that planners have at their disposal, although it’s a foundational element that plays an important role in how we shape our communities.
Zoning is Black & White
"Well, it's close enough" doesn't apply to zoning. For instance, if you want to turn your house into a duplex or add a basement apartment, the zoning needs to note that duplexes and accessory (basement) apartments are permitted. If they're not listed, they're not permitted. LandPro Planning knows how to read Zoning and can help you understand it.
Zoning is not flexible. However, it's not set in stone. It can be changed. Planners can change it using two tools: Minor Variance & Zoning Amendment. Most people want to use a Variance because it's faster and generally lower cost. For planners, Variances must meet four legal tests to qualify. If they aren't met, a Zoning Amendment is needed. Yes, it's complicated. LandPro Planning's planners can assist you here as well.
What is a Re-Zoning Amendment?
Re-zoning amendments refer to changes made to existing zoning regulations or ordinances that govern land use and development within a specific area. A zoning amendment can take a couple of forms:
Text Amendment: This involves modifying the written part of the zoning, which can include: revising definitions, adding or removing permitted uses, altering setbacks, or changing any other provisions within the ordinance. Text amendments are typically made to update outdated regulations, or to create "site specific" or customized zoning, to meet your project needs.
Map Amendment: Involves altering the boundaries of existing zoning districts. This change allows for different land uses or development standards to apply to the area. For example, a parcel of land zoned for residential use may be rezoned to allow for commercial or mixed-use development.
Zoning amendments typically go through a defined process that involves public hearings, consultations with stakeholders, and approval by the governing body. Overall, they provide a mechanism to update, refine, or modify zoning regulations to better align with the evolving needs and goals of a community, foster responsible land use, and promote sustainable development.
What is a Minor Variance?
A minor variance provides "minor" flexibility in situations where a slight deviation from the requirements would not adversely affect the surrounding area. Here are some key aspects of a minor variance:
Regulatory Relief: It allows for a limited deviation from specific zoning requirements, such as setbacks, building height, lot coverage, parking requirements, or other standards set out in the zoning ordinance. It acknowledges that in certain circumstances, strict compliance may be impractical or unnecessary, and a minor adjustment can be granted without undermining the overall intent of the zoning regulations.
Criteria for Consideration: The process for obtaining a minor variance typically involves an application submitted to the appropriate planning board. The board evaluates the application based on predetermined criteria, which may include factors such as whether the variance is minor, whether it maintains the general intent and purpose of the zoning regulations, whether it respects the character of the neighbourhood, and whether it avoids undue adverse impacts on adjacent properties.
Public Notice and Hearing: Similar to other zoning processes, a minor variance application often involves public notice and hearing. This allows neighbours and community members to be informed about the proposed variance and voice their opinions or concerns. This helps ensure transparency and provides an opportunity for affected stakeholders to participate in the decision-making process. We help our clients plan for and present at these meetings.
Professional Evaluation: The zoning or planning board seeks input from planning professionals, such as LandPro Planning, to evaluate the merits of the variance request. We assess the potential impacts of the variance on the surrounding area, analyze its compatibility with the neighbourhood, and provide recommendations to the board.
Discretion of the Decision-Making Body: Ultimately, the decision on whether to grant a minor variance rests with the zoning or planning board. They weigh the applicant's justifications, public input, professional recommendations, and the specific circumstances of the case. The decision-making body has the authority to approve, deny, or impose conditions on the variance based on its assessment of its compatibility and impact on the community.
A Holistic View
For a Variance, planners look at the project holistically. So, if you need your front yard setback reduced from 7.5m to 5.0m (for example), it's not simply a 33% reduction. It must be looked at how this reduction impacts the property and the neighbourhood. Professional judgement is required to get the permission needed. We often hear, "Well, I want it, so isn't that enough?". The short answer is no, that's not enough.
Changing zoning requires city permission, with Council approving it. This requires a fee (application) and approval by Council. The change must be "justified" using planner-ese (planning technical lingo), which needs to address planning policy and zoning to make the change happen. LandPro Planning does this work all of the time.
LandPro Planning specializes in navigating the planning process and, where confusion or barriers exist, negotiating a practical solution. We are experts in the process and take on full responsibility for any paperwork, presentations to Council, documentation, or other steps that are required.
We understand your needs in order to make sure that you get the result you want. LandPro is committed to making sure all of our clients get what they need – a positive outcome! Get in touch with us today, and let us help you achieve your goals.
Remember, "Changing your world is possible. We do it all the time."
