The Township of Tyendinaga is responsible for the review, development and implementation of land use policies and by-laws.
The Provincial Policy Statement (PPS,2014) is the statement of the Government’s policies on land use planning. It applies province-wide and provides clear policy direction on land use planning to promote strong communities, a strong economy, and a clean and healthy environment.
It includes policies on key issues that affect our communities, such as:
- the efficient use and management of land and infrastructure;
- protection of the environment and resources; and
- ensuring appropriate opportunities for employment and residential development, including support for a mix of uses.
Municipalities use the PPS to develop their official plans and to guide and inform decisions on other planning matters.
The Planning Act establishes the rules for land use planning within Ontario and describes how land may be controlled. This Act was passed to:
- promote sustainable economic development in a healthy natural environment within the 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.
Please review the Citizens’ Guide – The Planning Act by the Ministry of Municipal Affairs and Housing for more information.
The purpose of the Hastings County Official Plan is to establish goals, objectives, policies, and procedures to guide the physical development of Hastings County, while having regard for relevant social, economic, and environmental matters. The Official Plan guides growth and physical change in the County, implements infrastructure improvements, protects and enhances natural resources, and conserves cultural heritage resources. The policies and objectives of the Official Plan help shape the future of Hastings County, which is important to everyone who lives, works, or plays here.
You can review the Citizens’ Guide – Official Plan by the Ministry of Municipal Affairs and Housing for more information on official plans.
For more information on the Hastings County Official Plan, please contact the Hastings County Planning & Land Development Department .
Depending on the type of development proposed, an application may need to be submitted to the Tyendinaga Township’s Clerks Department (i.e. Zoning By-law Amendment, Minor Variance, Lifting Part-Lot Control, Site Plan Agreement) or the County Planning & Land Development Department (i.e. County Official Plan Amendment, Plan of Subdivision or Condominium, Consent to Sever/Severance).
Staff are available to answer questions. We encourage applicants to contact the Clerk or County Planner before submitting an application.
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 Hastings County Planning & Land Development Department. Prior to submitting an application, a pre-consultation meeting with the Hastings County Planning and Land Development Department and Township staff is needed to determine the suitability of the request and to review the submission requirements.
Citizens’ Guide – Subdivisions by the Ministry of Municipal Affairs and Housing provides more information.
A Consent to Sever/Severance 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 Consent Application to the Hastings County Planning and Development Committee whom serves as the Land Division Committee (“Committee).
Within the County Official Plan, there are policies and requirements for land severance.
Prior to making an application, an applicant is strongly encouraged to pre-consult with a Planner from the County of Hastings Planning and Development Department. to review the request and submission requirements. Each application must include the application fee.
Tyendinaga Township Zoning By-law 03-16 , as amended is a legal document that regulates the use of land within the township. The by-law determines, among other things:
- What each parcel of land can be used for;
- Where and what types of buildings or structures may be located on the land; and
- The requirements of lot sizes, parking lots, building heights and setbacks.
The Zoning By-law must conform to the Official Plan of the municipality. The Zoning By-law is a working document and is always changing. Clarification with the office is suggested to ensure correct zoning for interested properties.
- Definitions, Administration and General Provisions
- Permitted Uses
- Minimum Distance Separation 1 and 2
The Zoning Maps below are also working documents and clarification for accuracy is recommended.
- NW Zoning Map Schedule A Lots 1-21
- NE Zoning Map Schedule B Lots 20-40
- NW Zoning Map Schedule C Lots 1-21
- NE Zoning Map Schedule D Lots 20-40
The Official Plan outlines in a broad manner the land use and development guidelines within the Township. A Zoning By-law, on the other hand, 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 staff in person or on the phone before submitting an application.
Applications for Amendment to Zoning By-Law No. 03-16 are submitted to the Clerk at the Township of Tyendinaga in the Municipal Office.
A minor variance is a small variation from the requirements of the zoning by-law that can be considered for approval by the Township’s Committee of Adjustment. A minor variance approval allows the property owner to obtain a building permit even though their property or building project does not comply precisely with the zoning by-law.
Under Section 45(1) of the Planning Act there are four tests a minor variance must meet:
- Does the application conform to the general intent of the Official Plan? It is important to note that to consider any application a minor variance it must meet all four tests.
- Does the application conform to the general intent of the Zoning By-law?
- Is the application minor?
- Is the application desirable for the appropriate development of the lands in question?
Permission (Legal Non-Conforming Uses and General Terms) – Under Section 45(2) of the Planning Act the Township’s Committee of Adjustment can:
- permit an enlargement or extension to an existing legal nonconforming building or structure wherein the use of such building or structure does not conform with the provisions of the Zoning By-law but legally has been in continuous existence before and following the date the By-law was passed.
- permit a use that is similar to the purpose of the existing legal non-conforming use, or that is more compatible with the uses permitted in the Bylaw.
- where uses are defined in general terms, permit the use of any land, building or structure for any purpose that, in its opinion, conforms with the uses permitted in the By-law.
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 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 remodelled livestock barns, manure storages and/or anaerobic digesters and existing or approved development.
If you are considering new development or new, expanding or remodelled livestock barns, manure storages and/or anaerobic digesters (or both), an assessment of MDS will be required.