To change the zoning of a property, for example from agricultural to industrial, a bylaw amendment to the applicable Zoning Bylaw is required. A rezoning approval is often required to subdivide and develop residential parcels within Corman Park.
Typically, a rezoning is required because the current Zoning District does not allow for the proposed development or there is a conflict with the proposed land use, parcel size or other regulation. Usually the applicant or landowner initiates the rezoning to support their proposal, but in some cases, the Planning Department will initiate or recommend a rezoning.
Rezoning land includes a bylaw amendment which is a legal process under provincial legislation called The Planning & Development Act, 2007. It requires the R.M. to take certain steps during a rezoning process, which are described below.
To apply for a rezoning, complete and submit a Rezoning Application Form along with the application fee. The costs of advertising the bylaw amendment are in addition to the application fees and can vary since they are determined after advertising is complete.
A Basic Development Review (BDR) must be completed by anyone wanting to rezone and/or subdivide land for low density single severance country residential development (5 per 1/4 or 3 per 80 acre development). A Comprehensive Development Review (CDR) is required in support of any application to rezone and/or subdivide land for multi-parcel country residential, or any size of commercial, industrial, or intensive recreational purposes..
The initial step is for the R.M. Planning Department to review rezoning applications to ensure the requirements of the relevant Official Community Plan and Zoning Bylaw and any other R.M. policies are met; with a report, recommendation and amending bylaw prepared for Council review and consideration.
If the application complies with all policy requirements and Council feels it has merit, 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 two (2) 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, which is held at 11:00 a.m. during regularly scheduled R.M. Council meetings, the public has an opportunity to speak for or against the proposed bylaw. Members of the public may also sit in the gallery 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 provincial Community Planning branch for Ministerial approval of the bylaw. The bylaw and rezoning come into effect on the date of Ministerial approval.
The R.M. 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 CDR typically take upwards of 90 days due to the additional information review period. Ministerial approval on the bylaw can take approx. 4-8 weeks after the R.M. process.