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This is a general guide that briefly explains zoning, why it is needed, and how you go about rezoning your property. As it is general in nature, it is not meant to replace bylaws or other legal documents.
What Is Zoning?
Every property in The RM of Hanover 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., industrial) are in appropriate areas and the types of buildings or land uses on one property will not be detrimental to surrounding properties. Hanover 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 Hanover are available for review at the municipal office. The RM of Hanover Zoning By-Law is also available for inspection and purchase.
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 owner of the property has to check the RM of Hanover Development Plan regarding the current land use designation and the existing zoning regulations. If the proposed development is not permitted by the existing zoning, the property owner must apply to the RM of Hanover for a change in the zoning category of the property. A Development Plan amendment may also be required.
The Rezoning Process
Here are the major stages of the rezoning process:
Your development proposal should be well -planned before submitting a rezoning application. In preparing your proposal, you should be aware of municipal plans, policies and regulations that may apply to your development. Once you have reviewed municipal development regulations and spoken with municipal officials (including council), make the final preparations for submitting your rezoning proposal at the municipal office.
Submit an Application
Rezoning application forms are available at the municipal office. Planning staff can help you, but you must be prepared to submit the following information:
- The property owner’s name and address
- The municipal address and legal description of the property
- The current and proposed zoning
- A brief description of the proposed property
- A rezoning application fee
The fee is $1,500.00. This is to cover costs incurred by municipality including advertising and planning consultant’s preparation of the by-law. Any required engineering reports and legal fees are the responsibility of the applicant.
Once the municipal staff has 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 Hanover.
Report to Council and the Public Hearing
Municipal staff will prepare a report to council that includes an analysis of the application and outline any specific considerations that need to be addressed. This will be presented at a formal 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.
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.
For further information contact the development officer