Every property in the RM of De Salaberry is legally assigned to a zoning category, which specifies the types of buildings allowed, the type of activities that can take place on that property, the maximum size of buildings and any other requirements.
The purpose of zoning is to regulate the development and use of each property. This is to ensure that specific types of land uses (e.g., industrial) are in appropriate areas and the types of buildings or land uses on one property will not be detrimental to the surrounding properties. There are a number of different zones that regulate properties for residential, commercial, industrial, agricultural or other land uses. Zoning maps showing the zoning category for each property in the RM.
Rezoning is the process of legally changing the zoning category of a parcel of land. The owner of the property has to check the RM of De Salaberry Development Plan regarding the current land use designation and the existing zoning regulations. If the proposed development is not permitted by the existing zoning, the property owner must apply for a change in the zoning category of the property. It is important to consider whether the proposed rezoning is permitted under the Development Plan because an amendment may also be required. Any Development Plan amendment requires approval by Council and the Province.
Before submitting a rezoning application, the development proposal should be well -planned and consider municipal plans, policies and regulations that may apply. Discussions with Council and municipal staff are welcome and encouraged to determine the best course of action.
Preparing a Rezoning Application
A Rezoning Application Form must be filled out and submitted to the municipal office with the following information:
- Name & address of property owner (if applicant is not property owner then include a letter of authorization)
- Address & legal description of property
- Current & proposed zoning
- Brief description of proposed development (i.e. type of residential, commercial &/or industrial)
- Application fee
Rezoning Application Process
Once the municipal staff has completed an initial review, the application will be forwarded to council for review. If council deems it appropriate to give the application first reading, municipal staff will examine the rezoning in regards to various council policies, the Development Plan, compatibility, traffic, services and other matters. This will include circulating the application to other government agencies. Council can also deny the rezoning application and pass a resolution to that affect. The applicant will be notified that council is not prepared to proceed with the rezoning.
Before further consideration by Council of the proposed rezoning, municipal staff will advertise the rezoning in a newspaper having general circulation in the RM of De Salaberry.
Municipal staff will prepare a report to council that includes an analysis of the application and outline any specific considerations that need to be addressed. This will be presented at a formal hearing. Any person who deems their interests may be affected by the proposed rezoning has an opportunity to express their concerns to council at the public hearing. The applicant and/or their representative will also have an opportunity to present the proposal and/or respond to any questions.
If a majority of Council members are satisfied that the development proposal is beneficial to the community, Council may give the rezoning second reading.
Appeals, Agreements & Final Approval
If the rezoning application is given second reading and no person has objected and council feels there are no conditions to resolve, your application can be given third and final reading. If there are objections, then those who have concerns will have an opportunity to appeal the rezoning to the Municipal Board. If a Municipal Board hearing is required, then a hearing will be held and your application will be subject to the decision of the Municipal Board. The Council is bound to abide by the Municipal Board decision.
Even if there are no objections to your proposal, Council may postpone giving your application third and final reading until you have entered into a development agreement with the municipality dealing with any potential issues such as roadway requirements, servicing or building design.
Any Questions or Concerns?
Feel free to contact us and we would be pleased to assist you in anyway possible:
466 Sabourin Street
P.O. Box 40
MONDAY TO FRIDAY
8:30 A.M. TO 4:30 P.M.