To change the zoning of a property, for example from agricultural to residential, a bylaw amendment to the applicable Zoning Bylaw is required. A rezoning approval is often required to subdivide and develop residential, commercial, industrial and recreational parcels within North Qu’Appelle.
Typically, a rezoning is required because the current zoning district does not allow for the proposed development or there is a conflict with the proposed land use, parcel size or other regulation. Usually, the applicant or landowner initiates the rezoning to support their proposal, but in some cases, the RM of North Qu’Appelle will initiate or recommend a rezoning.
Rezoning land includes a bylaw amendment which is a legal process under provincial legislation called The Planning & Development Act, 2007. It requires North Qu’Appelle to take certain steps during a rezoning process, which are described below.
To apply for a rezoning, complete and submit a Development Application along with the application fee. The costs of advertising the bylaw amendment are in addition to the application fees and can vary since they are determined after advertising is complete.
A basic development review must be completed by anyone wanting to rezone. A comprehensive review is required in support of any application to rezone for multi-parcel country residential, or any size of commercial, industrial, or intensive recreational purposes..
The initial step is for the R.M. Administrator to review rezoning applications to ensure the requirements of the relevant Bylaws and any other R.M. policies are met; with a report, recommendation and amending bylaw prepared for Council review and consideration.
If the application complies with all policy requirements and Council feels it has merit, they will pass a motion to support the rezoning application including a condition of approval to receive Ministerial approval of the amending bylaw. They will give what is referred to as “First Reading” to the bylaw in order to begin the required public notification and public hearing process.
After First Reading to the bylaw is given, an advertisement indicating the reason for rezoning, the affected parcel(s) and the date of the public hearing, is placed in a local newspaper for two (2) consecutive weeks prior to the next Council meeting. Members of the public have the ability to view or discuss the proposed bylaw with R.M. planning staff prior to the public hearing date. Any written comments on the bylaw received by the date indicated in the advertising notice will be include in the agenda package for Council’s consideration on the date of the public hearing.
At the public hearing, which is held during regularly scheduled R.M. Council meetings, the public has an opportunity to speak for or against the proposed bylaw. Members of the public may also sit in the gallery to witness the proceedings without speaking to the proposed bylaw.
Decision on Bylaw
After the public hearing has closed, Council may give Second and Third Readings to the bylaw which would support the rezoning application, or they may defeat the proposed bylaw denying the application for rezoning.
If the application is denied, it cannot be appealed. However, if the bylaw is passed an information package and copies of the bylaw will be sent to the provincial Community Planning branch for Ministerial approval of the bylaw. The bylaw and rezoning come into effect on the date of Ministerial approval.
The rezoning process usually takes between 45-90 days depending on the complexity of the application and scheduled Council meeting dates. Ministerial approval on the bylaw can take approx. 4-8 weeks after the R.M. process.