What is the Planning Act?

The Planning Act sets out the ground rules for land use planning in Ontario and describes how land uses may be controlled, and who may control them.

The Act is legislation passed by your elected provincial representatives to:

• promote sustainable economic development in a healthy natural environment within a provincial policy framework
• provide for a land use planning system led by provincial policy
• integrate matters of provincial interest into provincial and municipal planning decisions by requiring that all decisions shall be consistent with the Provincial Policy Statement when decision-makers exercise planning authority or provide advice on planning matters
• provide for planning processes that are fair by making them open, accessible, timely and efficient
• encourage co-operation and coordination among various interests
• recognize the decision-making authority and accountability of municipal councils in planning.

What is the Province's role?

What is an Official Plan?

The Montague Township Official Plan is a legal document under the Planning Act that came into force and effect on December 13. 2011. The Official Plan is a strategic planning document which guides the growth, development, and land use changes in Montague Township for the next 20 years and beyond.  The Official Plan (OP) determines how the Township will manage issues such as: agriculture, growth, housing, employment, aggregates and natural heritage conservation.

The Official Plan is required to be consistent with the provincial requirements for land use planning as expressed in the Provincial Policy Statement 2020.  There is also a requirement for the Township’s Official Plan to conform to the Lanark County Sustainable Communities Official Plan.

Why do Municipalities need an Official Plan?

An Official Plan:

• Informs the public on what the province, county and municipality's general land use planning policies are.
• makes sure that growth is coordinated and meets the community's needs.
• helps all members of the community understand how their land may be used now and in the future.
• helps decide where roads, parks, trails, and other services will be located.
• provides a framework for establishing municipal zoning by-laws to set local regulations and standards, such as size of lots, or development setbacks from water or gravel pits.
• provides a way to evaluate and settle conflicting land uses while meeting local, regional, and provincial interests; and,
• shows Council's commitment to the sustainable future of the community.

For a copy of our May 2023 Office Consolidation, please click here.

For Schedule A, please click here.

For Schedule B, please click here.

For Schedule C, please click here.

A zoning by-law controls the use of land in your community. It states exactly:

• how land may be used
• where buildings and other structures can be located
• the types of buildings that are permitted and how they may be used
• the lot sizes and dimensions, parking requirements, building heights and setbacks from the street.

An official plan sets out the Township’s general policies for future land use. Zoning by-laws put the plan into effect and provide for its day-to-day administration. They contain specific requirements that are legally enforceable. Construction or new development that does not comply with a zoning by-law is not allowed, and the Township will refuse to issue a building permit.

Zoning By-Law Documents

Zoning Bylaw 3478-2015

Zoning Bylaw 3478-2015 Schedule A

Zoning Bylaw 3478-2015 Enlargement

By-law 3850-2021 Second and Secondary Dwellings

Property Information Sheet

Thinking about or are in the process of purchasing property in Montague Township?

A Zoning Compliance Report provides you with:

• Assessment mapping
• Official Plan mapping
• Zoning By-law mapping
• The pertinent zoning information which will give the permitted uses and the various yard setback requirements for those uses.
• Information on other zoning provisions that may affect the property.
• A review of the property file is completed which may reveal items on file that would affect the property (i.e. outstanding local improvements, site plan control agreement, development agreement).

A zoning compliance report must be requested in writing with the following information:

• assessment roll number
• legal description (lot and concession)
• contact information (mailing address, phone number)
• how you would like to receive the report (pick-up, mail etc.)

Zoning compliance reports cost $50.00 per assessment roll number.

Payment must be received with the written request.

The owner of a property or any person authorized in writing by the owner who is unable to comply with the provisions of the Zoning By-Law may apply to the Committee of Adjustment by means of an “Application for Minor Variance” for relief from the Zoning By-Law.  Minor Variances may be granted provided that, in the opinion of the Committee, the request is minor in nature, is desirable for the appropriate development or use of the land, building or structure and if in the opinion of the Committee, the general intent and purpose of the Zoning By-Law and the Official Plan are maintained. A minor variance does not change a zoning by-law.  It simply excuses you from a specific requirement of the by-law and allows you to obtain a building permit.

The Committee of Adjustment is composed of 3 members, who are appointed by the Council of the Township of Montague. The authority of the Committee of Adjustment is set out in the Planning Act.

Minor Variance Applications

If you wish to apply to the Committee of Adjustment you should obtain and complete the application form. The application form outlines the requirements for submitting an application for minor variance.  The requirements include a site plan or survey which will indicate the location of the property, the setbacks of all buildings or structures on the property and sufficient information to clearly identify the variance required. If you are acting as an agent for the purposes of the application, a letter of authorization is required from the registered owner of the property.

Minor Variance Application

Applications are also available at the Municipal Office.

How Much will it Cost?

The application fee is outlined on the application form, payable at the time an application is submitted.  Fees may be paid by cash, cheque or debit.  If the fee is being paid by cheque, the cheque must be made payable to: “Township of Montague”.

What Happens Once the Application is Submitted?

The application is circulated to other Township Departments and various agencies for their comments.  Notice of all Committee of Adjustment applications is also sent, by mail, to all property owners within 60.0 meters (200 ft.) of the subject property.  Following the circulation period, all correspondence will be reviewed and the Township Planner will determine if the proposal meets all requirements and prepare a report for the Committee of Adjustment.  The Committee of Adjustment will then decide to approve, approve with conditions, or not approve the application.

What Happens at the Meeting?

At the hearing the Township Planner or Planning Assistant will present the Report to the Committee.  Presentations may also be made by any other interested parties in support of or in objection to your application.  The Committee considers all presentations for and against your proposal and renders a verbal decision in the presence of all interested parties at the time of the Public Meeting.  An approval of your application may be subject to such conditions and/or restrictions as the Committee deems appropriate.  If an individual wishes to receive a copy of a Committee decision their request must be in writing.

What Happens After the Meeting?

A written decision from the Committee will be sent to the applicant, agent and all persons that requested a copy of the decision by Certified Mail within ten days from the date of the hearing.  At the end of the twenty-day appeal period, if there has been no appeal filed, the decision will become final and binding.

Appeal Provisions

The decision of the Committee of Adjustment is subject to appeal within twenty days from the date that the decision is signed.  During the appeal period any person having an interest in the application may file an appeal of the Committee’s decision to the Local Planning Appeal Tribunal.  The notice of appeal is filed with the Secretary-Treasurer of the Committee of Adjustment.  The notice of appeal must be in writing and outline the reasons for the objection.  A cheque for the required fee, payable to “The Minister of Finance”, must be included with a notice of appeal.  The notice of appeal, the fee and all required documents will be forwarded by The Secretary-Treasurer to the Ontario Land Tribunal.

The Site Plan review and approval process is a legislative tool under the Planning Act. Site Plan Control is a development review process which evaluates the layout of site features, (buildings, parking areas, landscaping, etc), but not the interior spaces of the proposed structures. It seeks to mitigate the impact of development.

Site plan control by-laws are not zoning by-laws. They are used to establish areas where site plan control will be applied over and above those set out in the zoning by-laws. These areas must be described in the official plan.

Site plan controls are used to ensure that:

• developments are built and maintained in the way that council approved
• new developments meet certain standards of quality and appearance
• there is safe and easy access for pedestrians and vehicles
• the appearance and design features of buildings, and their sustainable design, are satisfactory
• there is adequate landscaping, parking and drainage
• nearby properties are protected from incompatible development.

As a condition of site plan approval, the Township may require the owner to provide land for road widening.

Site Plan Control Applications

The application form outlines the requirements for submitting an application for Site Plan Control. If you are acting as an agent for the purposes of the application, a letter of authorization is required from the registered owner of the property.

Site Plan Application

Applications are also available at the Municipal Office.