ZONING BY-LAW AMENDMENT PROCEDURE 

The processing of the application is subject to change. Allow a minimum of 150 days for processing. The application will be terminated after 90 days of inactivity without notice. Direct all questions about the application to the assigned Planner. The procedure generally encompasses the following steps:

  1. The application is reviewed to ensure all prescribed information and the required fee have been submitted. Within 30 days of the receipt of the application, the applicant will be notified in writing that the application is deemed complete. If deemed incomplete, the application and fee will be returned.

  2. If deemed complete, the application is circulated to departments and external agencies for review and comment. Fees are not refundable.

  3. Following circulation, a staff report containing a recommendation and conditions of approval, if required, is prepared. The City Planner and other staff review the draft staff report.

  4. When the staff report is approved by appropriate municipal staff, it will be scheduled for a future Planning, Heritage & Economic Development Standing Committee (PHEDSC) meeting.

  5. Public notice of the PHEDSC meeting is advertised in the Windsor Star (a local newspaper) at least 20 days in advance of the PHEDSC meeting. A courtesy notice may be mailed to all property owners and tenants within 120 metres of the subject lands. The PHEDSC meeting is the public meeting required by the Planning Act.

  6. 10 days prior to the PHEDSC meeting, the staff report is circulated to the applicant and PHEDSC members and made available to the public. All supporting documentation submitted by the applicant is available for review.

  7. At the PHEDSC meeting, a staff planner introduces the application and reviews the recommendation in the staff report. The applicant and other interested parties have an opportunity to provide verbal and/or written submissions. PHEDSC members may ask questions of staff, the applicant, agent and other interested parties. The PHEDSC may choose to recommend approval, denial or deferral of the application.

  8. If recommended for approval or denial, the staff report, the minutes of the PHEDSC meeting and the amending by-law are forwarded to City of Windsor Council for consideration at a future date. The applicant, agent and all other interested parties will be notified by the City Clerk of the date, time and location of the Council meeting.

  9. The application may be placed on the Consent Agenda portion of the Council Meeting, a part of the meeting where Council approves a number of matters with a single motion. If the application is not on the Consent Agenda, the staff planner will introduce the application, review the staff recommendation and any additional information provided to Council, and advise Council of any differences between the staff and PHEDSC recommendations. The applicant and other interested parties have an opportunity to make verbal and/or written submissions. Council may choose to approve, deny or defer the application. If Council approves the rezoning application, the amending by-law may be approved at the same Council meeting.

  10. When the amending by-law is passed, the City Clerk will mail a notice of the passing of the amending by-law to property owners and various public agencies within 15 days. There is a 20-day appeal period commencing the day after this notice is given. The notice will include the last day to file an appeal. Appeals may be made to the Local Planning Appeal Tribunal through the City Clerk. If no appeal is filed during the appeal period, the amending by-law is final and binding as of the date of Council’s passing of the by-law.

  11. If the rezoning is subject to a holding symbol, it is the responsibility of the property owner to satisfy the conditions to remove the holding symbol and to submit an application and fee to remove the holding symbol.