Planning and Development

West Perth Official Plan (Mitchell Ward)

Looking to make an Official Plan Amendment?

Step 1: Review the Local Official Plan Amendment Guide

Step 2: Set up a Pre-Consultation Meeting with the Municipal Planner

Step 3: Complete the Local Official Plan Amendment Application 

A Guide to the Official Plan Amendment Process

A Zoning By-law is a legal document that regulates the use of land within the Municipality. The by-law determines among other things:

• What each parcel of land can be used for;
• Where and what types of buildings or structures can be built on the land;
• The requirements of lot sizes, parking lots, building heights and setbacks.

The Zoning By-law must conform to the Official Plan of the Municipality. A copy is available for viewing in the documents below and at the Municipal Office.

Zoning By-law Consolidated - updated February 2020

West Perth Zoning Maps

Citizens' Guide 3 - Zoning By-laws by the Ministry of Municipal Affairs and Housing provides more information.

Zoning By-law Amendment Application 

A Guide to the Zoning By-Law Amendment Process

Zoning By-law Text by Section

Zoning By-law Title Page Table of Contents Section 001 - Consolidation Note Section 01 - General Section 02 - Administration, Enforcement, and Penalties Section 03 - Definitions Section 04 - Zones and Interpretation Section 05 - General Provisions Section 06 - A Section 07 - ACM Section 08 - HVR Section 09 - R1 Section 10 - R2 Section 11 - R3 Section 12 - R4 Section 13 - MH Section 14 - C1 Downtown Commercial Section 15 - C2 Hamlet Commercial Section 16 - C3 Highway Commercial  Section 17 - C4 Secondary Commerical Section 18 - M1 Light Industrial Zone Section 19 - M2 General Industrial Zone Section 20 - MAR Mineral Aggregate Resources Section 21 - I Institutional Zone Section 22 - PR Park and Recreation Zone Section 23 - NRE1 Natural Res Section 24 - NRE2 Natural Res Section 25 - FP  Section 26 - FFCS Section 27 - AL Adjacent Lands Section 28 - FD Section 29 - H

Key Maps by Section

Legend Index Map Key Map 1 Key Map 2  Key Map 3 Monkton Key Map 4 Key Map 5  Key Map 6 Key Map 7 Key Map 8  Key Map 9 Key Map 10 Brodhagen Key Map 11 Key Map 12 Key Map 13 Key Map 14 Bornholm Key Map 15 Key Map 16 Key Map 17 Key Map 18 Key Map 19 Key Map 20 Key Map 21 St. Columban Key Map 22 Key Map 23 Dublin Key Map 24  Key Map 25 Key Map 26  Key Map 27 Key Map 28 Key Map 29 Key Map 30 Mitchell Key Map 31 Mitchell Key Map 32 Mitchell Key Map 33 Mitchell Key Map 34 Mitchell Key Map 35 Mitchell Key Map 36 Mitchell Key Map 37 Mitchell Key Map 38 Mitchell Key Map 39 Mitchell Key Map 40 Mitchell Key Map 41 Mitchell Key Map 42 Key Map 43 Key Map 44 Key Map 45 Key Map 46 Key Map 47 Key Map 48 Key Map 49 Key Map 50 Carlingford Key Map 51 Key Map 52 Key Map 53 Staffa Key Map 54 Cromarty  Key Map 55  Key Map 56 Key Map 57 Russeldale Key Map 58 Key Map 59 Fullarton Key Map 60  Key Map 61 Key Map 62 Key Map 63 Key Map 64 Key Map 65 Key Map 66 Key Map 67 Key Map 68

Zoning By-law Amendments and Minor Variances/Permissions

The Official Plan broadly outlines the land use and development guidelines within the Municipality. Zoning By-law: outlines how a specific parcel of land may be used. Zoning By-laws also regulate lot size, parking requirements, building height and other site-specific factors. If an applicant wishes to develop a property in a manner that deviates from the current zoning provisions, they must apply for a Zoning By-law Amendment; also referred to as a rezoning. For example, a change of use from residential to commercial would require a Zoning By-law Amendment. Council must approve any amendment to the Zoning By-law, which is subject to an appeal process. Sometimes a property owner only wants to make a minor deviation to the Zoning By-law provision such as a building setback or height restriction requirements. Owners who want to have minor changes to the use of their property that differ only slightly from Zoning By-law provisions can instead apply to the Committee of Adjustment for what is known as a Minor Variance.  For example, a property owner planning an addition to their house determines that with the addition there will only be a 6.5 meter rear yard. The Zoning By-law requires a rear yard depth of 7.5 meters. This may be considered a minor deviation, and the owner could apply to the Committee of Adjustment for a minor variance that if approved would relax the rear yard requirement under the Zoning By-law and allow for the addition to proceed. Applicants are strongly encouraged to speak with planning staff in person or on the phone before submitting an application. Planning staff are in the Municipal Office part-time, it is recommended that discussions/meetings be arranged ahead of time by emailing planning@westperth.com.

How to apply:

Step 1: View our Zoning By-law Amendment Guide or Minor Variance Amendment Guide. Step 2: Book a pre-consultation with municipal planning staff. Step 3: Fill out an application form:                 Zoning By-law Amendment Application                 Minor Variance/Permission Application  Step 4: Submit the application to the Building & Zoning Department at the Municipal Office with the required fee and any other information that may be required to support the application. TIP: Applicants are advised to read the detailed instructions provided in the application form regarding making an application and to familiarize themselves with the process, expectations and requirements of the entire package.

What happens next?

The application will be processed by staff who will circulate it to the required public bodies for comments, as well as to all property owners within 120 metres of the subject site. A sign will be installed on the property briefly describing the proposal. Once all comments have been received, the Municipality will hold a Public Meeting as per the requirements of the Ontario Planning Act. The Planner will prepare a report to Council with a recommendation to approve or refuse the rezoning application. You are encouraged to attend the Public Meeting to present your view. If Council approves the proposed amendment, it will pass a by-law which will be circulated to give interested parties the chance to appeal. A 20-day appeal period is provided, once notice of Adoption of the By-law has been given. If no appeals are received by the end of the appeal period, the amendment is in full force and effect. A similar process for Minor Variance/Permission applications occurs, with slight differences, in accordance with the Ontario Planning Act. The requirements for planning applications and their respective processes are established and required by the Ontario Planning Act. Applicants are advised to consult with the Municipality if they have any questions before, during, and/or after the application process.

Site Plan Approval is a form of development control, authorized under Section 41 of the Planning Act and Implemented through the Municipality of West Perth By-law 206-2015. This means the Municipality has the authority to influence the site design of certain types of development in addition to meeting requirements of the Municipal Zoning By-law and the Ontario Building Code.

Site Plan Approval applies to all development within West Perth with the exception of single-detached dwellings; two-unit dwellings; buildings which are accessory to such dwellings; farm buildings; and temporary buildings.

Site Plan Approval is required prior to the issuance of a Building Permit for all developments which are subject to Site Plan Approval. Site Plan Approval is required for a new building; an addition to existing buildings; or a commercial parking lot.

Step 1: Seek a pre-consultation meeting with the municipal planner planning@westperth.com

Step 2: Follow the Site Plan Design Guidelines

Step 3: Complete a Site Plan Application

Applicants are strongly encouraged to speak with municipal staff in person (typically building and planning staff are involved) prior to submitting a site plan application. As planning staff are only in the Municipal Office on a scheduled basis, it is recommended that discussions/meetings be arranged ahead of time.

New and amended site plans shall conform to the Zoning By-law and the Building and Fire Codes. Please consult the West Perth Site Plan Design Guidelines during the preparation of a site plan.

The Municipal Development and Servicing Guidelines aids in the standardization for the design of municipal servicing infrastructure for development in the Municipality of West Perth. While these guidelines are primarily aimed at the expansion of residential development within the Municipality, developers, builders, and the general public can use this document as a guide for developments created by consent, for individual site developments, or commercial and industrial areas.

 Part-Lot Control Exemption

The Municipality may pass a by-law to remove part-lot control from all or any part of a registered plan of subdivision. This allows lands within a plan of subdivision to be further divided into individual parcels without the approval (and associated Public Hearing/Meeting) by the County of Perth Land Division Committee or Council.

This exemption is appropriate when the resulting changes will not affect the nature or character of the subdivision. This application is usually applied to semi-detached or townhouse developments in order to establish property boundaries. This is done after the construction of the buildings due to the difficulty of the builder constructing the common centre wall on the exact property line.

Part-Lot Control Exemption Application

 Planning Fees

The fee for planning applications is based on the type of application. Other costs such as supporting studies, public agency review, surveying, legal agreements, peer review and other supporting material fees are not listed within the Fee schedule but may be required.

DEVELOPMENT CHARGES:

The Municipality of West Perth collects development charges on new properties to help pay for growing municipal infrastructure and services including roads, water and sewer infrastructure, community centres, emergency services and facilities. 

West Perth Development Charges By-law 63-2019

West Perth's Development Charges are changing. This chart describes the general increases based on the By-law 63-2019. 

For updated information regarding the new Development Charges By-Law, view our Development Charges page. 

The purpose of meeting prior to submitting an application is to permit the County Planner to consult with the applicant and clarify information that the applicant may be required to submit to the County.

To set up a pre-consultation meeting please contact the Planning Department.

A consent is the authorized separation of a piece of land to allow for the creation of a new parcel of land (also known as land severance). This approval begins with the submission of a Development (Land Severance) Application to the County of Perth.

Within the County Official Plan, there are policies and requirements for land severance. If the severance and creation of multiple lots is intended, an application for a plan of subdivision will normally be required.

Prior to making an application, a proponent is encouraged to pre-consult with the County Planning Department to review the request and submission requirements. Each application must include the application fee. Please contact the County Planning and Development Department at the information provided here, or by email to planning@perthcounty.ca, to arrange a pre-consultation meeting.

West Perth - Condition Information Sheet

Step 1 - Review Guide to Consent Applications

Step 2 - Review Guide to Planning Application Pre-Consultation

Step 3 - Complete Pre-Consultation Submission Requirements and Request Form

After pre-consultation is complete, proceed to Step 4.

Step 4 - Consent to Sever Application Form

If Consent to Sever is for a Surplus Farm Dwelling, please complete the Surplus Farm Dwelling Severance - Farm Owner Application Form

Citizens' Guide to Land Use Planning - Land Severances by the Ministry of Municipal Affairs and Housing provides more information.

A plan of Subdivision/Condominium is an application process under the Planning Act to create multiple lots or blocks from an existing property. Once approved, the Plan of Subdivision or Condominium is registered on the title of the property and allows for the new lots or blocks to be sold. 

Applications for Plan of Subdivision/Condominium are submitted to the County of Perth Planning and Development Department. Prior to submitting an application, a pre-consultation meeting with the County of Perth Planning and Development Department and the Municipality’s planning staff is needed to determine the suitability of the request and to review the submission requirements. See the “Mandatory Pre-Consultation” tab for more information.

Step 1 - Review Guide to Subdivision/Condo Applications

Step 2 - Review Guide to Planning Application Pre-Consultation

Step 3 - Complete Pre-Consultation Submission Requirements and Request Form

After pre-consultation is complete, proceed to Step 4

Step 4 - Plan of Subdivision/Condominium Application Form

Citizens' Guide to Land Use Planning - Subdivisions by the Ministry of Municipal Affairs and Housing provides more information.

 County of Perth Official Plan

The purpose of the County of Perth Official Plan is to establish a policy framework to guide the physical, social and economic development of the County and to protect the natural environment and resources within the County. Various issues are dealt with through the policy framework including where new housing, industry, office space and shops can be located, what services such as roads, water mains, sewer mains and other services are needed as well as where the community will grow. A printed copy of the Official Plan can be purchased from the Planning Department.

Citizens' Guide to Land Use Planning - Official Plan by the Ministry of Municipal Affairs and Housing provides more information.

View the New 2019-2020 County Official Plan

PERTH COUNTY GIS

The County has provided an interactive mapping service (including aerial photos) to assist landowners and the development community. Please visit Perth County's Mapping System for more information.

The Planning Act establishes the rules for land use planning within the Province of Ontario and describes how land may be controlled. This Act was passed to:

• promote sustainable economic development in a healthy natural environment within provincial policy framework;
• establish a land use planning system led by provincial policy; and
• allow for the planning process to be fair by making it open, accessible and efficient.

Citizens' Guide to Land Use Planning - The Planning Act by the Ministry of Municipal Affairs and Housing provides more information.

 Minimum Distance Separation

Development in the agricultural area requires, amongst other things, compliance with the Minimum Distance Separation (MDS) Formulae. The MDS formulae were developed by the Province of Ontario to reduce incompatibility concerns stemming from odour impacts from livestock facilities.

For more information on Minimum Distance Separation view the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) website.

MDS is made up of two separate but related formulae that act reciprocally to site both new development (e.g. residences, churches, and other sensitive uses) and new or expanding livestock facilities as follows:

MDS I – provides the minimum distance separation between proposed new development and any existing livestock barns, manure storages and/or anaerobic digesters.

MDS II – provides the minimum distance separation between proposed new, expanding or remodeled livestock barns, manure storages and/or anaerobic digesters and existing or approved development.

If you are considering new development or new, expanding or remodeled livestock barns, manure storages and/or anaerobic digesters (or both), an assessment of MDS will be required.

There are agricultural consultants in and around the Perth County area that can assist and prepare the necessary MDS assessment needed in order to obtain a building permit. Contact information is provided below in no particular order:

To be added to the above list, please Email the Planner with your full contact information advising that you are: The above consultants have all confirmed with the Municipality that they are able to prepare MDS calculations/assessments for both MDS I and MDS II. The above contact information was obtained from the Province’s Nutrient Management Consultants registry available online. 

a. on the Province’s Nutrient Management Consultants registry; and,

b. able to prepare such MDS calculations/Assessments for both MDS I and MDS II.

The County of Perth has a Forest Conservation By-law in place that regulates the destruction or injuring of trees. This By-law was enacted to help improve the forest, soil, fish, wildlife and water resources within the County of Perth by conserving and improving the woodlands and woodlots located within the County.

If a landowner or a contractor is considering tree removal, they are required to submit a Notice of Intent to the County Planning and Development Department. A Notice of Intent needs to be received by the County Planning and Development Department at least five (5) business days prior to any destruction or injury or trees pursuant to Section 3 (2) of the By-law and at least twenty (20) business days prior to any destruction or injury of trees pursuant to Section 3 (1) of the County's Forest Conservation By-law.

To contact the County's By-law Enforcement Officer:

T: 519-291-2236 

E: By-law Enforcement Officer