Municipality of Sioux Lookout

Q : What is an Official Plan?

A : An Official Plan is a document that sets out the municipality’s views on how land should be used in the community. An Official Plan deals primarily with the physical aspects of expected growth and development and addresses such issues as:

• Where new housing and retail spaces should be located.
• What services, such as water and sewers, will be needed.
• What characteristics the new development will have.

Q : What is a Zoning By-Law?

A : A zoning by-law is a set of standards which implement the Official Plan policies. It is very specific on such items as the permitted uses of land, location of buildings and the density of buildings.

The Municipal Comprehensive By-Law No. 23-11 was passed by Council on April 20, 2011 and contains detailed provisions which development must adhere to in the waterfront, community and rural designations.

Q : What is a Consent?

A : Generally speaking where a portion of land is being conveyed to another person, it requires consent approval under the Planning Act. These usually take the form of a lot severance (creating one (1) or more new lots), lot addition, right-of-way, or easement. Most commonly, it is the creation of new lots.

Once an application for consent has been submitted, it is circulated to certain agencies and neighbours, and a public meeting is held in front of the Committee of Adjustment/Consent Granting Authority. At the hearing, all information/evidence is heard and usually a decision is made. Conditions are imposed before the application for consent is granted and may include the following: obtaining a survey, zoning by-law amendment, cash-in-lieu of parkland, agreements, etc. Once all of the conditions are fulfilled, a deed to register the new lot, right-or-way, and/or lot addition is “stamped” with the Municipality’s consent approval.

Q : What is a Minor Variance?

A : A Minor Variance is a minor amendment to the zoning by-law for a particular building or property (e.g. a building is to be build 13 feet from the side lot line instead of the required 15 feet). It may also be for an expansion of a legal non-conforming use.

What constitutes whether an application is minor or not is up to the Committee of Adjustment. The application must maintain the intent of the Official Plan and the Zoning, By-Law, be minor in nature, and be desirable for the appropriate development of the land or building.

An application is submitted and circulated to certain agencies and neighbours. The application is considered by the Committee of Adjustment and usually a decision is made at the hearing. Conditions of the variance may also be imposed.

Q : What is a Zoning By-Law Amendment?

A : When a proposal cannot meet the requirements of the by-law or a new use of land is being proposed, the by-law requires an amendment. If the proposal requires a change of use, this is referred to as a zoning by-law amendment or rezoning. In the case of a proposal which will not change the use but will not meet the other requirements of the by-law (e.g. yard setbacks, lot area) this is known as an exemption to the by-law.

In accordance with the Planning Act, R.S.O. 1990, as amended, applications can be received. The applications are circulated to certain agencies and neighbouring properties within the immediate area. A public meeting is held and Council makes a decision based on comments from the various agencies, neighbours, municipal staff and the Department of Development Services.

Q : What is an Official Plan Amendment?

A : When proposed development does not conform to the policies in the Official Plan, the Planning Act allows for an amendment to the Official Plan. This is done by submitting an application which is circulated to the various agencies for comments and a Public Meeting is held. This is known as a Site Specific Official Plan Amendment.

Municipalities are also permitted to amend the Official Plan. This is usually general in nature (i.e. community boundary extensions, rural policies) and affects more than one property. These general amendments require the same approvals and public input as site specific amendments.

Q : What is a Site Plan Control Agreement/Application?

A : Site Plan Control is a method by which a municipality ensures that development of a particular site is carried out in an orderly fashion and is compatible with the surrounding development and landscape.

Upon application for a building permit, landowners are required to submit a detailed site plan and drawings of the building’s exterior. A survey may be required. The landowner is required to enter into an Agreement with the Municipality ensuring the provision of and maintenance of certain works. This Agreement must be registered on title prior to a building permit being issued.

Q : What authority does the Municipality have to exercise Site Plan Control?

A : Section 41 of the Planning Act, R.S.O. 1990, empowers municipalities to use Site Plan Control for certain uses within a municipality.

Q : What areas are subject to Site Plan Control?

A : Under the Municipal Site Plan Control By-Law the entire municipality is subject to Site Plan Control. Certain zones or uses are generally excluded, however, site plan control must be imposed.

Q: What uses does Site Plan Control apply to?

A :

1. industrial buildings and structures
2. commercial buildings and structures
3. institutional buildings and structures except structures that are accessory to a public park;
4. residential buildings exceeding three dwellings;
5. parking lots exceeding five parking spaces or 90 metres.

Notwithstanding the provisions of Subsection 2 of By-Law No. 21-04 the following classes of development shall be exempt from requirement site plan approval: An industrial, commercial or institutional building shall be permitted to expand by a maximum of 10% of the gross floor area that existed as of the date of the passing of the By-Law (June 30, 2004).

Q : What is a Plan of Subdivision Application?

A : A Plan of Subdivision Application is generally required when a developer wants to extend municipal services for the purposes of subdividing property. The applications are heard by Council and the processing time varies from 4 months to longer if studies are required.

Q : Can my lot be subdivided?

A : To determine if your lot can be subdivided, determine what zone the property is located and find the minimum lot area and frontage. Both the Severed and Retained portions must meet the minimum requirements set out in the Zoning-By-Law. An application may be made to the Committee of Adjustment for Consent.