What Is Zoning?
Every property in The RM of Stanley 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, plus 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., commercial) are in appropriate areas and the types of buildings or land uses on one property will not be detrimental to surrounding properties. Stanley has 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 Stanley are available for review at the municipal office.
The RM of Stanley Zoning By-Law is the governing document for zoning within Stanley.
How does a zoning by-law differ from a development plan?
The development plan by-law provides general planning direction and policy to guide development in line with a community’s goals. The zoning by-law is a tool used to implement and regulate development to ensure it is consistent with this direction and policy.
Overall, development plans are more general than zoning by-laws, which are more specific. For example: A development plan might designate an area as ‘residential’, while the zoning by-law will zone it for a specific kind of residential use—like multi-family or single family. Zoning also requires specific building standards such as height, location, yard sizes, fence heights, parking, etc).
What Is Rezoning?
Rezoning is the process of legally changing the zoning category of a parcel of land before any development takes place on a property, such as constructing a building. The MSTW Development Plan is the guiding document regarding the current land use designation and the RM of Stanley zoning by-law regulates the existing zoning regulations. If the proposed development is not permitted by the existing zoning, the property owner must apply to the RM of Stanley for a change in the zoning category of the property. A Development Plan amendment may also be required.
The Rezoning Process
1. Submit an Application
Rezoning application forms are available at the municipal office. Municipal staff can help you, but you must be prepared to submit the following information:
2. Application Review
Once municipal staff have 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 Stanley.
3. Public Hearing
Any person who deems their interests may be affected by your rezoning has an opportunity to express their concerns to council at the public hearing, you, or your representative will also have an opportunity to present your 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.
4. Appeals, Agreements and 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 municipality dealing with issues such as roadway requirements, servicing or building design.