Official Plan Amendment

Why would I need an Official Plan amendment?

An Official Plan amendment is generally required when a proposed use does not meet the policies of the Official Plan, whether it be the Township of Russell Official Plan or the United Counties of Prescott-Russell Official Plan. In some cases, an Official Plan amendment and Zoning By-law amendment may be required at the same time, as the provisions of the Zoning By-law are generally in line with the policies of the local Official Plan.

As the Township of Russell is a lower-tier municipality within the upper-tier United Counties of Prescott-Russell (UCPR), it is possible you may require an amendment to the UCPR Official Plan but not the Township of Russell Official Plan. In any case, it is highly recommended to consult with the Township of Russell Planning Department to discuss further.

Zoning By-law Amendments

Why would I need a zoning by-law amendment?

You may determine you require relief from the Zoning By-law before you apply for a building permit application or planning application, or a Planner may determine your proposed development does not comply with the Zoning By-law through review of an application – as such, you may be required to apply for a zoning by-law amendment.

As an example, you may require an amendment for the following:

  • Change the zoning designation of the property;
  • Use the property for a different purpose than currently permitted;
  • Amend multiple requirements of the Zoning By-law; or
  • Permit a temporary use; etc.
What is the difference between a zoning by-law amendment and a minor variance?
Generally, a minor variance is intended to address minor relief from the Zoning By-law performance standards and must meet the four tests of Section 45 of the Planning Act. A Zoning By-law amendment, on the other hand, is generally intended to address relief that is not considered minor and may be to the effect of relief from multiple performance standards. The Committee of Adjustment has approval authority over minor variances, and Council has approval authority over Zoning By-law amendments.

Minor Variances

When would I require a minor variance?

You may determine you require relief from the Zoning By-law before you apply for a building permit application or planning application, or a Planner may determine your proposed development does not comply with the Zoning By-law through review of an application – as such, you may be required to apply for a minor variance.

An application for minor variance may be applied for with the Planning Department if you are seeking minor relief from the Zoning By-law, examples include:

  • A reduction in a minimum required yard setback; or
  • An increase in maximum required building height; etc.
Can I appeal a decision of the Committee of Adjustment?
Only the applicant, specified persons, and technical agencies, as identified under the Planning Act, may appeal the decision of the Committee of Adjustment to the Ontario Land Tribunal (OLT) within 20 days of the decision.
If my variance is approved, do I still need a building permit?
Yes. Approval of a minor variance does not replace the need for a building permit or other approvals.

Site Plan Control

What is Site Plan Control, and why would I require it?

Site Plan Control is a tool used by the municipality under authority of Section 41 of the Planning Act to require an application for specific forms of development, under the Township of Russell’s Site Plan Control By-law. Site Plan Control allows the municipality, along with other agencies such as the local Conservation Authority and United Counties of Prescott-Russell, to review aspects of the development such as building location, stormwater management, grading and drainage, landscaping, and so on.

It is strongly recommended you have a pre-consultation meeting with the Township’s Planning Department to understand the Site Plan Control process and requirements. 

Compliance Letters

Why would I need a compliance letter?

A compliance letter is often requested during real estate transactions, refinancing, due diligence, building permit history, and/or to confirm zoning information for a property. 

Does a compliance letter confirm that my current or intended use is approved?
No. The letter confirms zoning and permitted uses, but does not replace required approvals, building permits, or planning applications.
Can I get information about neighbouring properties?
No. Compliance letters only provide information about the property listed in the request.
Will all requested information be included?
Only information that is available and permissible to release will be included.

Additional Residential Units (ARU)

Do I need a building permit?
Yes. All ARUs require a building permit to ensure safety and compliance.
How big can my ARU be?
Maximum size is regulated through the Zoning By-law and further standards that may apply.
Does an ARU need its own parking space?
Typically, yes. Parking requirements may vary by zone.
I just bought a property and found out I have an illegal ARU. What should I do? 
Reach out to the Planning and Building Departments as soon as possible. They can help review the potential non-compliance and guide you through your options for bringing the unit into compliance or addressing the issue.