Official Plan Amendment

What is an Official Plan?

In accordance with Section 17 of the Planning Act, the City of Niagara Falls is required to prepare and adopt an Official Plan. The City’s Official Plan is a living document that reflects the community’s vision for change over a 20-year period. The document contains various long-term goals, objectives, and policies that are consistent with Provincial and Regional planning policies, and relate to matters such as urban growth and development, natural heritage conservation, agricultural land base protection, and the provision of infrastructure. 

When is an Official Plan Amendment Required?

If a landowner’s proposal to develop their land does not conform with the Official Plan policies and / or land use designation that applies to their land, an Official Plan Amendment may be required. More specifically, an Official Plan Amendment may be required when a landowner wishes to:

  • Introduce a use that is not currently permitted;
  • Change the land use designation of their property; or
  • Change a policy in the Official Plan (ex. building height, density)

Since Zoning By-laws generally intend to implement an Official Plan, in cases where a development proposal does not conform with the Official Plan, a landowner will often find that the development proposal does not comply with the Zoning By-law. This will warrant amendments to both documents. Applications for an Official Plan Amendment and Zoning By-law Amendment can be submitted, reviewed, and processed concurrently.

Applying for an Official Plan Amendment

A pre-consultation meeting is required in advance of applying for an Official Plan Amendment. For more information, please visit the pre-consultation webpage or speak with a City Planner.

Application Submission Requirements:

  • Completed application form
  • Valid pre-consultation form / checklist
  • Site Plan with zoning chart / site statistics (see application form for detailed drawing requirements)
  • Digital .DWG file(s) of the Site Plan in accordance with Appendix B
  • Planning Justification Report, prepared by a Registered Professional Planner
  • Floor plans and building elevations
  • Deed/PIN register
  • Supporting studies, plans, information, and materials in accordance with the pre-consultation form / checklist. Consult the City’s Terms of Reference for guidance.
  • All required application fees to:
  • Other forms and documentation listed on the application form (Appendices A and C)

Official Plan Application Process

Official Plan Application 

Time to Process (to decision): 120 Days

StepCity's RoleApplicants RoleTarget 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 pre-consultation process3 weeks
Application Submission--Applicant submits:
  • Formal application
  • Studies and plans
--
-Reviews files (i.e., names, unlocked status) --2 days
---Applicant pays required fees1 day
-Planner assigned to file--1 day
Review for CompletenessPlanner reviews material issues notice of complete/incomplete application.--1 week
Circulation (When Complete)Planner circulates to internal departments and external agencies. Comments are consolidated and provided to Applicant.--2 weeks
Open HouseHeld 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 MeetingHeld 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.
-Recommendation report is on Council’s agenda. Council will make a decision on the application.----
Final ApprovalBy-law to adopt Official Plan Amendment proceeds to Council, if directed.--Occurs in accordance with Council’s schedule—typically the next Council meeting.
-Notice of Adoption given by Planner.--1 Week
-If no appeals, Declaration Notice given by Planner.--20 days after Notice of Passing