Planning & Zoning

The Planning Department is responsible for the formulation and implementation of planning and development policies as they relate to land use in the Town of Fort Frances and the application of those policies to specific development proposals.

Goal

To promote land use planning practices and policies which result in a community that is economically viable, sustainable and environmentally healthy by making efficient use of land, new and existing infrastructure, public services and facilities.

The basis for land use planning is provided by The Planning Act, an act of legislation passed by elected provincial representatives. Decisions on planning applications are made at a properly constituted public meeting according to provincial regulations. Information regarding planning applications is available to the public. Anyone may attend and speak on a planning application or make written submission. Appeals on planning decisions are made to the Ontario Municipal Board as provided by legislation.

You can access provincial legislation such as The Planning Act and other statutes and regulations governing land use planning by going to http://www.e-laws.gov.on.ca/

Services Provided By Planning Department

Provides information relating to Official Plan policies and Zoning By-law regulations
Co-ordinates development through site plan approvals
Formulates policies and regulations as they relate to land use in the Town of Fort Frances
Processes various applications for land severances, subdivisions, condominiums, minor variances and/or amendments to the Zoning By-law and the Official Plan
Zoning clearances on all development applications as well as processes municipal compliance letter on land transfers
Participates in the development of formulation of policies with other levels of government that have impact on the Town of Fort Frances.
Reviews building permit applications and information relative to the Building Department to confirm compliance to zoning by-laws

A basic application fee is required to cover normal costs incurred in processing all planning applications. For further information on fees please refer to the Schedule of Planning Fees.

There are two Council appointed committees that deal with planning issues. The Planning Advisory Committee acts in an advisory capacity to Council by reviewing and making recommendations to Council on planning applications such as official plan and zoning by-law amendments, site plan control, temporary use by-laws. The Committee of Adjustment has been delegated the authority to make decisions on minor variances, alterations to legal non-conforming uses and consents or severances.

The Municipal Planner acts as Secretary-Treasurer for both the Planning Advisory Committee and the Committee of Adjustment. For more information please feel free to contact the Municipal Planner, Faye Flatt - (807) 274-5323 ex. 275

Official Plan (PDF)

The Official Plan sets out the current and long-range land use designations, over the entire municipality, at a broad policy level. It also expresses the goals and objectives of the municipality and deals primarily with the services such as roads, watermains and sewers, required and desired to allow systematic growth of the community.

Official Plan Amendment

If the proposed property or development conflicts with the Official Plan, an Official Plan amendment is needed. Please refer to the Schedule of Planning Fees for the fee applicable to an application for an Official Plan Amendment.

Site Plan Control By-Laws

Site Plan Control By-Laws are not zoning by-laws but are used to establish areas where site plan control will be applied over and above the requirements of the zoning by-law. The areas of site plan control are described in the Official Plan.

Site Plan controls are used to ensure that:

Development proceed and are maintained in a manner approved by Council
New developments meet certain standards of quality and appearance
There is safe and easy access for pedestrians and vehicles
There is adequate landscaping, parking and drainage, and
Neighbouring properties are protected from incompatible development

Zoning By-Law

Zoning is a form of regulation of property that divides the municipality into areas and sets out such matters as building location, lot coverage, parking, building height and landscaped area. All development proposals must comply with the Zoning By-law requirements. As a result, prior to proceeding with your project, you should discuss your proposal with the Municipal Planner to either ensure that the proposal complies with the By-law or determine an appropriate course of action to address the deficiency early in the process.

Zoning By-Law (PDF)

Zoning By-Law Amendments

Occasionally, development proposals do not comply with either the permitted uses or the location criteria of the Zoning By-law. Significant deviations from the Zoning By-law will require an amendment. In considering an application for a zoning by-law amendment, staff will assess the conformity of the proposal to the Provincial Policy Statements and the Official Plan as well as the appropriateness of the development. The Planning Act sets out the legislative requirements, including a public consultation process, which must be met prior to the passing of a Zoning By-law amendment. Anyone can appeal a Zoning By-law amendment to the Ontario Municipal Board. Please refer to the Schedule of Planning Fees for the fee applicable to an application for a Zoning By-Law Amendment. Minor deviations from the Zoning By-Law will require a Minor Variance.

If your proposal does not conform exactly to the provisions of the zoning by-law, but follows it’s general intent, you can apply for a minor variance. Minor variances from the Zoning By-law are considered by the Committee of Adjustment. Please refer to the Schedule of Planning Fees for the fee applicable to an application for a Minor Variance.

Temporary Use By-Laws

Temporary Use By-Laws are intended to allow land and buildings to be zoned for temporary uses for renewable periods of up to three years. They can permit specific uses for a limited period of time such as a parking lot to be permitted for 2 years on a future office site or a fair on a shopping center parking lot for the month of July every year for three years. A temporary use by-law must conform to the official plan.

Committee Of Adjustment

The Committee of Adjustment is composed of seven individuals from the resident public appointed by Council. The Committee through the exercise of its mandate helps to ensure the Town of Fort Frances develops and grows in a planned way.

The Committee of Adjustment has the authority as legislated under the Planning Act to make decisions on minor variances, enlargements to legal non-conforming uses, consents, Validation Orders and in the performance of these duties acts as a quasi-judicial body autonomous of Council.

The Committee has also been delegated the authority by Council to hear appeals on Property Standards Orders and to act as an advisory body with a mandate to make recommendations on applications for Zoning or Official Plan Amendments, all matters relative to Parts IV & V of the Ontario Heritage Act, and any other issue referred from Council, Committee of Council or administration.

All applications for which the Committee is legislated under the Planning Act are considered at regular meetings which are held on the third Monday of the month, as required, at 7:00 p.m. in the Committee Room of the Town of Fort Frances Civic Centre. Special meetings may be called to consider Issues that are time sensitive.

Committee of Adjustment members

Henriette Verhoef
Peter Sas 
Dan Belluz
Doug Kitowski 
Jim Brow 
Gord McBride
Bill Martin

Applicants have a defined role and responsibility in regards to planning applications. An application will proceed quickly through the process if the applicant…

Submits a complete application containing accurate information, including accurate site plan
Has formulated a proposal with an understanding of existing standards
Provides full and reasonable information throughout the process, and
Sets out the purpose of the application, including an assessment of any impacts (positive or negative) on the affected neighbourhood, community and Town.

Minor Variances

If a minor variance is granted, a development can proceed without conforming exactly to the zoning by-law. Without minor variances, each time a proposed land use did not exactly meet the provisions of the zoning by-law, the applicant would have to undergo the more expensive and potentially lengthy process of a form amendment to the zoning by-law.

For the Committee of Adjustment to approve an application for minor variance, the request must be:

Minor in nature
Desirable for the appropriate development or use of the land, building or structure
Maintain the general intent and purpose of the official plan; and
Maintain the general intent and purpose of the zoning by-law.

Enlargement, extension or alterations of legal non-conforming use of land building or structure

Legal non-conforming use refers to land, buildings or structures that existed before the enactment of a zoning by-law. When existing uses do not conform to the regulations in a new zoning by-law, their prior existence ensures the continuation as a lawful use. The intention is to allow the possibility of some variation to legal non-conforming uses without the much more elaborate requirement of a zoning by-law amendment.

The considerations for the Committee of Adjustment to approve an application for enlargement, extension or alteration of legal non-conforming use are

The use must be continuous
The expansion must be on the property originally owned
There are no new separate buildings; and
There is no adverse impact such as increased traffic, noise, vibration, etc.

Consent or Severance of parcel of land

Committees of Adjustment can approve the creation of a new legal lot. Since 1970, all land in Ontario has been subject to subdivision control (ie. land cannot be divided into smaller parcels without approval from the government). This is a requirement if you wish to sell, mortgage, or enter into any agreement (of at least 21 years) a portion of your land.

Considerations of a consent application are

The consent authority (Committee of Adjustment) determines that a plan of subdivision is not necessary for the proper and orderly development of the municipality;

The health, safety and convenience of present future inhabitants:

The relationship with provincial interest
Whether or not the proposal is premature
Conformity with the Official Plan
Requirements of existing/proposed zoning
Suitability of site, road access, dimensions and shape of the lot
Natural features/flood control; and
Adequacy of schools and utilities.

Site Plan

Most planning applications require a site plan to scale identifying buildings and other features in relation to property boundaries. The site plan should identify any existing buildings and proposed addition(s). Most or all of the information required for a site plan can be found on your property survey. You may have received one when you purchased the property. If not, you may have to retain the services of a surveyor.

The following information should be shown on a site plan:
title and scale
legal description
street name
north arrow
property lines and dimensions
setbacks to all property lines from existing and proposed structure(s)
proposed construction (shaded)
overall building dimensions including height of structure(s)
rights-of way and easements
access and parking
percentage of total lot coverage including addition or new structure
identification of natural features (ie-water courses or ravines).

Note: All structures, existing and proposed, must be fully dimensioned and identified as to its specific use(s).

Schedule Of Planning Fees (PDF)

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