Zoning

What is a Zoning By-law?

A Zoning By-Law is a legislative instrument that controls the use of land in a community. The
By-Law determines:

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

The Official Plan sets out the policies for future land use. Zoning By-Laws put the plan into effect and provide for its day-to-day administration. They contain specific requirements that are legally enforceable. Construction or new development that does not comply with a Zoning By-Law is not allowed, and Tay Valley Township will NOT issue a building permit .

Zoning By-Law

Schedule A1 - Bathurst Ward

Schedule A2 - Burgess Ward

Schedule A3 - Sherbrooke Ward

Why does the Municipality need a Zoning By-Law?

Zoning By-Laws are necessary to implement the objectives and policies of the Official Plan and to protect you from conflicting land uses in your community. In addition, they provide a legal way of managing land use and future development.

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. But Council can consider a change only if the new use is allowed by the Official Plan. (Otherwise you must also apply for an Official Plan Amendment).

Zoning By-Law Amendment Applications

Before you apply for a Zoning By-Law Amendment, you should talk to Township staff for advice and information. You must complete an application form which requires information identified by the province and the municipality.

Application - Zoning By-Law Amendment

Applications are also available at the Municipal Office.

How Much will it Cost?

The application fee is outlined on the application form, payable at the time an application is submitted. Fees may be paid by cash, debit, or cheque made payable to "Tay Valley Township".

What Happens Once the Application is Submitted?

The application is circulated to other Township Departments and various agencies for their comments, as well as to all property owners within 120 metres of the subject site.

All correspondence will be reviewed and the Township Planner will prepare a report with a recommendation to approve or refuse the Zoning By-Law Amendment application. The report will be presented at a Public Meeting which is advertised to neighbours, on our website and in the Perth Courier.

If the recommendation is to approve the Zoning By-Law Amendment, the necessary by-law will be considered at a subsequent Council Meeting. Council will then adopt a By-Law approving the necessary Zoning Amendment for the specific parcel of land.

View our Public Meetings Calendar.

What Happens After the Meeting?

If Council approves the proposed amendment and passes a by-law, the by-law will be circulated to give interested parties the chance to appeal. If no appeals are received during the 20-day appeal period, the amendment is in full force and effect.

Appeal Provisions

The process for dealing with zoning amendments is the same as for a zoning by-law. If local council refuses your zoning amendment application, or if it does not make a decision within 180 days of the receipt of your application containing the prescribed information, you may appeal to the Local Appeals Planning Tribunal (LPAT).

How is a Zoning By-Law passed?

When Council decides to pass a Zoning By-Law, it must first give as much information as possible to the public. There must also be at least one public meeting before a by-law is passed and everyone who attends the meeting must have a chance to speak. Notice of this meeting is given at least 20 days in advance, either through local newspapers or by mail and posted notice. An open house information session is also required for a Zoning By-Law being brought into conformity with an Official Plan which has been updated as part of the Official Plan's five-year review update. A municipality is required to update its Zoning By-Law no less than three years after the approval of an Official Plan five-year review.

How are Zoning By-Laws evaluated?

When considering a Zoning By-Law, the Council evaluates it against criteria such as the conformity with the Official Plan and compatibility with adjacent land, the sustainability of the land for the proposed purpose, the adequacy of vehicular access, water supply, septic capacity and the risk of flooding.

What if you only need a minor change?

If your proposed change does not conform exactly to the Zoning By-Law, but follows its general intent, you can apply for a minor variance. (For example, you might want to locate something on your property but the shape of your lot will not let you meet the minimum setback requirements.)

Other Types of Zoning By-Laws

• Holding By-Laws allow future uses for the subject land but delays development until specified conditions are complete
• Interim Control By-Laws temporarily freeze a specific use while studying the area’s land use and policies. The By-Law can be passed for one (1) year and extended to a maximum of two (2) years.
• Temporary Use By-Laws authorize a temporary use of land or building that would otherwise be prohibited for a period of up to three (3) years.
• Increased Height and Density By-Laws allow buildings to exceed permitted standards if the developer agrees to provide certain services to the community in return, (e.g. Parkland).
• In addition, Zoning is an optional tool that municipality’s may use to address their community’s affordable housing needs.

Home Based Businesses

A home-based business is identified as an accessory use to a residential property. The Zoning By-Law identifies, among other subjects, space, signage requirements and specifications on public disturbance.

Home Based Business Provisions

Tiny Homes

Tiny Homes are permitted as a residence or seasonal residence in all Townships zones where a residential use is permitted.  The tiny home must meet all the zone standards of the applicable zone and gain septic system approval or provide an outhouse before a building permit can be issued.

Tiny Homes Fact Sheet

Additional Information

• Planning Act
• Citizens Guide to Zoning By-Laws

 To be informed of upcoming meetings or about additional information regarding general amendments to the Zoning By-Law, sign up for eNews (check off Public Meetings and any other news categories you would like to receive emails about) or check periodically to see what's new on our Public Meetings Calendar.