Frequently Asked Questions – Planning

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.

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.

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.

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.

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.

Yes. Approval of a minor variance does not replace the need for a building permit or other approvals.

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.

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

No. The letter confirms zoning and permitted uses, but does not replace required approvals, building permits, or planning applications.

No. Compliance letters only provide information about the property listed in the request.

Only information that is available and permissible to release will be included.

Yes. All ARUs require a building permit to ensure safety and compliance.

Maximum size is regulated through the Zoning By-law and further standards that may apply.

Typically, yes. Parking requirements may vary by zone.

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.