Easier process for variances

For zoning variances that are deemed straightforward and are not likely to bring much public scrutiny, municipal development officers in Saint John can now approve or deny requests without going to the Planning Advisory Committee.  As outlined in the press release presented below, this is for variances that “fall within the general intent of the Zoning Bylaw,” so major variances, such as those that were required for Tannery Court, should still go to PAC.

The Moncton Area, Rothesay, Fredericton and Miramichi will also use this new process.

Press Release:

“Amendments to Community Planning Act

08/26/09

SAINT JOHN - An update to New Brunswick's provincial planning legislation will reduce delays for citizens requesting variances from the City of Saint John Zoning Bylaw.

NEWS RELEASE

For immediate release

August 25, 2009

Amendments to Community Planning Act Reduce Red Tape for Zoning Variance Requests

SAINT JOHN – An update to New Brunswick’s provincial planning legislation will reduce delays for citizens requesting variances from the City of Saint John Zoning Bylaw.

The amendments to the Community Planning Act, which bring New Brunswick in line with other jurisdictions across Canada, allow the City of Saint John’s Development Officer to approve or deny certain types of variances without sending each request to the Planning Advisory Committee (PAC).

“It’s a significant streamlining of the process,” said Ken Forrest, Commissioner of Planning and Development and the City’s Development Officer. “It will reduce the quantity of human and financial resources assigned to minor dimensional variances allowing staff and the Planning Advisory Committee to focus on more substantial planning issues.”

For the first time, the City of Saint John and a number of other major municipalities in the Province have adopted a standardized policy for the processing of Development Officer variances. Saint John as well as the Miramichi Planning District Commission, Greater Moncton Planning District Commission, the City of Fredericton and the Town of Rothesay will use the same process making it easier for developers who do business in a number of communities in New Brunswick to navigate through the development approval process.

The Community Planning Act makes a number of kinds of variances eligible for the new process, including:

-          the minimum size and dimensions of lots, and the minimum amount of land required for particular types of buildings;

-          the height, number of storeys, ground area, floor area and bulk of buildings;

-          the percentage of land that may be built upon, and the depth, size or area of yards, courts, parking areas and open spaces;

-           the placement, location and arrangement of buildings and structures, including their setting back from the boundaries of streets and other public areas, and from rivers, streams or other bodies of water;

-          the placement, height and maintenance of fences, walls, hedges, shrubs, trees and other objects;

-          the types, dimensions and location of means of access of lots to streets;

-          the facilities to be provided and maintained for off-street parking and loading of vehicles; and 

-          the location, dimensions, standards of construction and purposes of signs.

When an application is submitted for one of these variances, the Development Officer will decide whether the variance will be considered by staff or if the application will be forwarded to the Planning Advisory Committee for consideration under the normal process.

“In cases where the Development Officer is of the view that an application requires more public scrutiny or public comment, staff have the option of referring the variance to the Planning Advisory Committee,” Forrest said.

If the variance application is going to be dealt with by the Development Officer, he or she will either approve or deny the variance, based on the nature of the application and the expected impacts.  Variance applications can be approved if they are deemed reasonable, desirable for the development of the parcel of land or building, and if it falls within the general intent of the Zoning Bylaw, the Municipal Plan and any other municipal bylaws affecting the development. If the variance is the result of an intentional disregard of a municipal bylaw, it will not be approved.

Under the previous legislation, every variance was subject to the PAC process, which included sending notices to nearby property owners. The Development Officer will still notify neighboring property owners of variances via hand-delivered letter, if there is a potential impact on their property. Property owners will have five days to submit written comments to the Development Officer prior to the rendering of a decision.

For more information on the City of Saint John’s Planning and Development Service, please call 658-2835, or visit saintjohn.ca/services_planning.cfm”