Official Community Plan and Zoning Bylaw Amendments
The RM of Britannia No 502 Zoning Bylaw manages the development of land. The Zoning Bylaw regulates what, where, and how land is used. These rules are described in zoning districts that are assigned to all areas and properties within the RM. In order for a development to take place, it must comply with the Official Community Plan and Zoning Bylaw. A development cannot be permitted if it does not comply with the zoning bylaw and Official Community Plan. However, a property owner has the right to apply to the municipality to amend the zoning bylaw.
Rezoning land includes a bylaw amendment which is a legal process under The Planning & Development Act, 2007. It requires the R.M. to take certain steps during a rezoning process.
The initial step is for the R.M. Planning Department to review rezoning applications to ensure the requirements of the Official Community Plan, Zoning Bylaw and any other R.M. policies are met.
First Reading of Bylaw
If the application complies with all policy requirements and Council the application is appropriate, 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 three (3) 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, the public has an opportunity to speak for or against the proposed bylaw. Members of the public may also be present 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 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 45-60 days depending on the complexity of the application and scheduled Council meeting dates. Applications that require the submission of a evaluation report typically take upwards of 90 days due to the additional information review period.