Zoning By-Law Amendments

A Zoning By-law Amendment changes the rules for how you can use or develop your property. Zoning by-laws often establish precise development standards such as lot area and frontage, lot coverage, setbacks, building height, density, parking, and landscaped open spaces. You must apply for an amendment to request changes to these rules.

When a zoning by-law amendment is needed

If you want to use, change, or develop your property in a way that doesn’t follow the Zoning By-law, you may need a site-specific Zoning By-law Amendment. This may be required if you want to:

Add a use that isn’t currently allowed
Change the zoning of your property
Make major changes that don’t follow the Zoning By-law’s rules

Sometimes, your proposal may also not align with the Official Plan. In these cases, you’ll need to apply for both a Zoning By-law Amendment and an Official Plan Amendment. You can apply for both amendments at the same time, and the City will review them together.

Draft zoning by-law amendment

Description

The draft zoning by-law amendment describes the lands to which the amendment applies, lists recitals of the Ontario Planning Act, specifies additions or changes to the zoning map or overlay maps, lists site-specific regulations, and specifies prevailing by-laws and sections.

When a draft zoning by-law amendment is needed

You must include a Draft Zoning By-law Amendment when submitting a complete application for a Zoning By-law Amendment.

What the draft zoning by-law amendment should include

A draft Zoning By-law Amendment must:

Follow the City’s amendment format
Include draft schedules, projected to City standards

Height schedule

Required if the building is taller than five storeys or as required by the City Planner. A height schedule must:

Be projected to City standards
Show building dimensions for all parts of the structure
Include building setbacks from the property line
Provide step-back dimensions where the building form changes.
Where there are step-backs in the building form, dimensions must be provided. Measurements are to be rounded up to the nearest whole or 0.5 number for step-backs.

How to apply for a zoning by-law amendment

Step 1: Pre-Consultation

It is recommended that you attend a pre-consultation meeting before applying. Visit the pre-consultation webpage or contact a City Planner for details.

Step 2: Submit your application

Apply online through your City Dashboard Account and include:

Completed application form (available through your dashboard account)
A valid pre-consultation form or checklist.
Site Plan with zoning chart/site statistics (see the application form for detailed drawing requirements)
Digital .DWG file(s) of the Site Plan in accordance with Schedule B
Planning Justification Report, prepared by a Registered Professional Planner
Floor plans and building elevations
Deed/PIN register
Supporting studies, plans, information, and materials listed in the pre-consultation checklist

Consult the City’s Development Guides
Follow the file format and naming guide

All required fees:

City of Niagara Falls – Check the Schedule of Fees
Niagara Region (if applicable)
Niagara Peninsula Conservation Authority (if applicable)

Other forms and documentation listed on the application form (Appendices A and C)

How to post public notice signs about your application

It is the responsibility of the applicant to post a Public Notice Sign(s) about the Zoning By-law amendment being proposed. The sign must be installed following the City’s Public Notice Sign Policy , the Planning Act and any other City standards.

Zoning by-law application process

**Time to process (to decision): 90 days**
**120 days joint applied with an Official Plan amendment**
Step	City's Role	Applicants Role	Target Timeline
Pre-Consultation	City Staff, any required agencies and an applicant will review a preliminary development proposal, discuss the nature of the proposal, any development and planning issues, the need for additional information, and the planning approvals process. The City will provide the applicant a pre-consultation form/checklist identifying what approvals, studies, information, materials, and fees are required to proceed with a formal application.	Applicant completes the pre-consultation process	3 weeks
Application Submission-Step 1	N/A	Applicant submits: Formal application Studies and plans	N/A
Application Submission-Step 2	Reviews files (i.e., names, unlocked status)	N/A	2 days
Application Submission-Step 3	N/A	Applicant pays required fees	1 day
Application Submission-Step 4	Planner assigned to file	N/A	1 day
Review for Completeness	Planner reviews material and issues notice of complete/incomplete application.	N/A	1 week
Circulation (When Complete)	Planner circulates to internal departments and external agencies. Comments are consolidated and provided to the Applicant.	N/A	2 weeks
Open House	Held to inform and receive comments from area residents.	Applicant or agent attends to present and answer questions.	Occurs 2 weeks after notice is given to residents.
Public Meeting-Step 1	Held to inform and receive comments from area residents and Council.	Applicant or their agent attends to present and answer questions.	Occurs 30 days after notice is given in accordance with Council’s schedule.
Public Meeting-Step 2	The recommendation report is on the Council’s agenda. Council will decide on the application.	N/A	N/A
Final Approval-Step 1	By-law to adopt Official Plan Amendment proceeds to Council, if directed.	N/A	Occurs in accordance with Council’s schedule—typically the next Council meeting.
Final Approval-Step 2	Notice of Passing/Refusal given by the Planner.	N/A	1 week
Final Approval-Step 3	If there are no appeals, a Declaration Notice is given by the Planner.	N/A	20 days after Notice of Passing

Resources

Planning Act, Section 34

City of Niagara Falls
Planning and Building
4343 Morrison Street
P.O. Box 1023
Niagara Falls, Ontario L2E 6Z9
Canada
905-356-7521 ext. 4330
pbd@niagarafalls.ca