Zoning By-Law and Official Plan

* To be submitted with Municipal Administration Fee as a deposit.

¹ Pre-consultation: Applications for Zoning By-Law amendment, official plan amendment, site plan control, plan of subdivision or plan of condominium require the submission of a pre-consultation review to the municipality in advance of application submission. Pre-consultation is not required, but is strongly encouraged, for minor variance applications.

² Major Zoning By-Law Amendment: A "Major" Zoning By-Law amendment is a Zoning By-Law amendment that (one or more may apply):

• Requires a major amendment to the Municipality's Official Plan and/or an amendment to the County of Haliburton's Official Plan;
• Requires extensive studies and/or consultation and collaboration with external agencies; 
• Constitutes a change of use to permit new Commercial, Industrial, Extractive or Institutional uses;
• Constitutes a substantial increase in density (ie, accompanying an application for Plan of Condominium or Subdivision, conversion to medium or high density residential use from low density residential use.).
• Constitutes a substantial a increase in the development envelope or density for existing Commercial, Industrial, Extractive or Institutional uses.

³ Minor Zoning By-Law Amendment: A "Minor" Zoning Bylaw amendment is a Zoning By-Law amendment that:

• Applies to a single parcel or land for low density residential use, including the construction of an additional dwelling unit;
• Permits additional ancillary or accessory uses or structures that are compatible with the existing Zone designation and Official Plan policies;
• Permits minor increases in floor area, height, parking areas, etc., for existing Commercial, Industrial or Institutional uses;
• Clarifies existing zone boundaries through a professional evaluation (ie, a qualified professional providing revised environmental protection boundaries, hazard land boundaries, etc.).

⁴ Major Official Plan Amendment: A "Major" Official Plan amendment s an Official Plan amendment that (one or more may apply):

• Proposes a re-designation or change in land use for property(ies);
• Requires many changes to the policies and schedules of the Official Plan;
• Is more significant in scale and scope than a minor Official Plan amendment, and which may have greater impact or policy implications beyond the subject lands. Applications relating to more than one property would normally be this category;
• A site-specific application representing a large scale development/redevelopment or a change in use. An application involving significant changes to the text or policies of the Official Plan would also fall in this category; and,
• An application that also requires an amendment to the County of Haliburton Official Plan.

⁵ Minor Official Plan Amendment: A "Minor" Official Plan amendment is an Official Plan amendment that:

• Proposes a small-scale exception to a specific Official Plan standard (e.g., minor changes to the number of permitted units; or to add a site-specific use limited In scale);
• Proposes a minor change to a specific policy that is limited in scope and typically to one property;
• Maintains the intent and purpose of the Official Plan; and,
• Shall have limited impact or policy implications beyond the subject lands.

⁶ Complex Minor Variance Application: A "Complex" Minor Variance application is an application for minor variance that includes one or more of the following elements:

• A minor variance application for a property subject to a site plan or other development agreement with the Municipality;
• Requires studies or reports to support the application;
• Requires consultation and collaboration with external agencies beyond the minimum requirements of the Planning Act.

⁷ Requests to Council Requiring a Staff Report: Occasionally, land owners may request that the Municipality assist with planning processes or real property matters, such as permission to cross a one foot reserve, or that the Municipality take widening to a road to facilitate a lot merger. Where these requests require a planning staff report to provide context or advice alongside the proposal, a nominal fee may be charged to cover costs.

This fee does not apply to matters whereby Council has directed staff to bring a report for their consideration.

⁸ Deposits: The Municipality may require the payment of deposits upon submission of any application.

Deposits may be applied to cover peer review fees, professional fees should the Municipality require the expertise or advice of a third party consultant (engineer, planner, surveyor, etc.), as well as any legal costs incurred. Deposits may also be applied to any registration fees, disbursements, reproduction costs, postage, advertising, telephone charges, facsimile charges, and any other reasonable costs which may be incurred by the Municipality.

Should fees exceed the initial deposit received, the Municipality shall request further deposits or payments of invoices. Additional funds may be requested from time to time, to fully cover the municipal expenses. Work will not be completed by the Municipality, its solicitor or consultants until such deposit has been paid by the applicant.

The Municipality will keep an accurate record of all costs incurred with respect to planning applications. Upon completion of the processing of an application, the Municipality will reconcile the account for the applications where a deposit has been paid. A refund of the deposit will be made with the exception of those costs incurred by the Municipality, as determined by the Treasurer. If the cost to process an application exceeds the deposit, the applicant will be responsible for the additional costs and will pay such costs upon invoice by the Municipality.

⁹ Ontario Land Tribunal Appeal Deposit: If Council supports an application and its decision on the application is appealed to the Ontario Land Tribunal (OLT) by someone other than the applicant, the applicant will be responsible for all Municipal costs to defend the decision. These costs may include all planning fees, legal fees, engineering fees, fees of other professionals, disbursements, reproduction costs, telephone charges, facsimile charges, peer review fees and any other reasonable costs which may be incurred by the Municipality.

The applicant will submit a deposit to the Municipality, upon submission of the file to the Ontario Land Tribunal (OLT), and will enter into an agreement with the Municipality to fully cover Municipal expenses with regard to the appeal.

Additional funds may be requested to fully cover the Municipal expenses. Work will not be completed by the Municipality, its solicitor or consultants until such deposit has been paid by the applicant.