Planning Applications & Fee Schedules

Pre-Consultation Form Fee Schedule 2024

Pre-Consultation Meetings

On June 6, 2024, Bill 185 - the Cutting Red Tape to Build More Homes Act, 2024, removed the authority to require, by by-law, mandatory pre-consultation meetings prior to the submission of a planning application.

The Town strongly encourages development applicants to engage in the pre-consultation process as it is an opportunity to take part in a preliminary discussion about the development proposal prior to the application submission. Effective consultation allows the Town and development applicants to set out clear expectations for a complete application, improve application quality and support collaborative and productive working relationships.

The Pre-Consultation Meeting process is strongly encouraged for the following application types:

Official Plan and/or Zoning By-law Amendment
Plans of Subdivision and/or Condominium
Site Plan Control
Consent and Minor Variance
Fence Variance
Sign Variance
Legal Non-Conforming Use

In this process, the applicant meets with Town Staff and external agencies during the pre-consultation meeting to identify and discuss requirements for a complete application, as well as site-specific issues to be addressed. Following the meeting, the Town will provide the applicant with a Pre-Consultation Agreement which sets out required materials (i.e. plans, studies, reports) to form a complete application submission, in addition to preliminary advisory comments related to the Town’s policy framework.

Pre-consultation meetings are held in the afternoon on the first and third Thursday of every month. Requests are processed on a first-come, first-serve basis.

1. Complete Page 1 of the Pre-Consultation Agreement Form.
2. Prepare a sketch/preliminary drawing of the proposal.
3. Gather the applicable Town Pre-Consultation Review Fee:
Please Note:
Niagara Region may require the submission of a Pre-Consultation Review Fee. Please confirm whether the Regional Review Fee is required with Niagara Region staff before submission of the Pre-Consultation Meeting request.
4. Submit the information required in Steps 1-3 electronically to:
planning.development@notl.com
or
In-person at Town Hall.
Requests for Pre-Consultation Meetings are to be submitted at least 15 days in advance of a meeting date.

Planning Act Applications and Approvals

The Town of Niagara-on-the-Lake Community and Development Services Department is responsible for development review within the Town. The Planning team reviews and processes development applications under the Planning Act, including:

Official Plan and/or Zoning By-law Amendment
Plans of Subdivision and/or Condominium
Site Plan Control
Consent and Minor Variance

Development applicants are required to complete and submit the applicable Application forms and fees, based on the requirements set out in the Pre-Consultation Agreement where the applicant has chosen to engage in the pre-consultation process. The Town strongly encourages applicants to engage in the pre-consultation process to increase the likelihood of submitting a complete application.

Within 30 days of making the submission (including payment), the Town will advise the applicant in writing whether the submission is complete or incomplete.

If the applicant is notified that the application is incomplete, the Town will identify a list of outstanding information and/or materials that must be submitted to form a complete application.

If the applicant is notified that the application is complete, Planning Staff will circulate the application to Town departments and external agencies for review and comment, and this will mark the beginning of the time period under the Planning Act for the Town to make a decision on the application. The Town will also coordinate the public consultation requirements under the Planning Act with the applicant, as applicable.

An Official Plan Amendment is required if a landowner/developer wants to use a property or develop it in a way that conflicts with the Town’s Official Plan.

An Amendment to the Official Plan can be site-specific or comprehensive.
Site-specific example: changing the designation of a property from commercial to residential.
Comprehensive example: policies that provide residential infill and intensification policies in the Built-up Area.

Official Plan Amendments are approved by Town Council.

To review the Town’s current Official Plan, please visit the Official Plan page.
Download the Official Plan Amendment Application Form Here
A Zoning By-law Amendment is required if a land owner/developer wants to use a property or develop it in a way that conflicts with the Town’s Zoning By-law.

A change to the Zoning By-law is only permitted if the use or proposal is permitted by the Town’s Official Plan.
An Amendment to the Zoning By-law can be site-specific or comprehensive.
•Site-specific example: permitting a taller building on a property.
•Comprehensive example: permitting wineries in all agriculturally zoned areas.
Zoning By-law Amendments are approved by Town Council.
To review the Town’s Zoning By-laws (4316-09 and 500A-74, as amended), please visit the Zoning By-law page.
Download the Zoning By-Law Amendment Application Form Here
A Draft Plan of Subdivision is required when a piece of land is divided into two or more parcels. A Plan of Subdivision shows the boundaries and dimensions of lots on which houses or buildings are to be built, the location and width of streets, and the sites of any schools, public facilities or parks.
A Draft Plan of Subdivision is typically “conditionally approved,” meaning that additional information is required before ensuring that all development standards are met, and also prior to construction works on-site.
Draft Plans of Subdivision are approved by Town Council.
Download the Subdivision/Condominium Application Form Here
A Draft Plan of Condominium is required to divide property to allow an individual to own part of a building (or unit) and a share of the property’s common areas. Condominiums may be used for apartment buildings, and townhouses, to establish private roadways, and/or for commercial and industrial purposes.
The three most common types of Draft Plans of Condominium include:
•Standard Condominium: ownership of the unit, typically used in apartment buildings.
•Common Elements Condominium: establishes shared spaces within the development, including roads, park space, and sidewalks. Maintenance of these shared spaces is paid by way of common expenses.
•Vacant Land Condominium: establishes roadways and building lots/blocks, with common elements established throughout.
A Draft Plan of Condominium is typically “conditionally approved,” meaning that additional information is required prior to ensuring that all development standards are met, and also prior to construction works on-site.
Draft Plans of Condominiums are approved by Town Council.
Download the Subdivision/Condominium Application Form Here
Site Plan Control is a tool to control certain matters on and around a site proposed for development, including access for pedestrians and vehicles, walkways, lighting, waste facilities, landscaping, drainage, and exterior design. It puts into action the rules outlined in the Town's Zoning By-law.
Site Plan Control is required in accordance with the Town’s Site Plan Control By-law.
Site Plan applications are approved by the Director of Community & Development Services.
Download the Site Plan Application Form Here
A Consent is required to sever land into one or more parcels, but less than three (3) lots total. A Consent is needed when a land owner/developer wants to add or change a right-of-way, sever a single parcel of land, or for the addition of land to a lot.

Consent Applications are approved by the Town’s Committee of Adjustment.
Visit the Committee of Adjustment page for more information about Consents.
Download the Consent Application Form Here.
A Minor Variance is required when a proposal does not comply precisely with the Zoning By-law; a Variance may be requested if a small variation to the Zoning By-law is requested.
The Planning Act identifies four (4) tests that all Minor Variances must meet:
1.   Is the application minor?
2.   Is the application desirable for the appropriate development or use of the land, building or structure?
3.   Does the application conform to the general intent and purpose of the Zoning By-law?
4.   Does the application conform to the general intent and purpose of the Official Plan?
Minor Variance applications are approved by the Town’s Committee of Adjustment.
Visit the Committee of Adjustment page for more information about Minor Variances.
Download the Minor Variance Application Form Here
A legal non-conforming use is the use of any land, building or structure for a purpose prohibited by the current Zoning By-law if such land, building or structure was lawfully used for such purpose on the day of the passing of the Zoning By-law, so long as it continues to be used for that purpose.
• Example: a residential dwelling located within a commercial area, that has been existing and continuously used as a residential dwelling pre-dating the current Zoning By-law.

Expansions or enlargements of a legal non-conforming use may be permitted.
Legal Non-Conforming Use applications are approved by the Town’s Committee of Adjustment.
Visit the Committee of Adjustment page for more information about Legal Non-Conforming Uses.
Download the Legal Non-Conforming Use Application Form Here
A Heritage Permit is required when a landowner/developer wants to alter the exterior of a building designated under Part V (conservation district) or the designated portions of a building designated under Part IV (individual) of the Ontario Heritage Act.
Heritage Permits are provided by Town Staff in consultation with the Town’s Municipal Heritage Committee.
Visit the Heritage Planning page for more information about Heritage Permits and Cultural Heritage Planning.
Download the Heritage Permit Application Form Here

Frequently Asked Questions

If your property is within the area of Niagara Escarpment Development Control, please contact the Niagara Escarpment Commission for further information on applicable policies and development requirements. Note that the Town of Niagara-on-the-Lake’s Zoning By-laws are not in effect for lands within the area of Niagara Escarpment Commission Development Control. Town Staff may be circulated on applications made to the Niagara Escarpment Commission as a commenting agency.
Town Council is the approval authority for Official Plan Amendments, Zoning By-law Amendments, and Draft Plans of Subdivision and Condominium.
The Town’s Committee of Adjustment is the approval authority for Consents, Minor Variances, Fence Variances, Sign Variances, and Legal Non-Conforming Uses.
The Town’s Director of Community & Development Services has delegated approval for Site Plan applications.
The Niagara Escarpment Commission is the approval authority for Development Permit Applications within the Niagara Escarpment Plan area.
Conditional approval is applied when additional information is required prior to ensuring that all development standards are met for a proposal. Conditional approval provides extra time to satisfy all provincial, regional and Town requirements, and all conditions must be met before the application is final and construction begins. Typical conditions vary based on the planning application, but may include entering into a servicing agreement, the completion of an archaeological assessment, and registration of documents.
As part of approval of a Zoning By-law Amendment, the implementation of a Holding (H) symbol may be required. A Holding provision may applied to, among other requirements, ensure the achievement of orderly staging of development, to ensure adequate servicing is or will be available, to satisfy policies of the Official Plan, and to require the approval of concurrent and/or subsequent planning application(s). Removal of the Holding (H) symbol may occur by way of a Zoning By-law Amendment application, once the requirement(s) of the Holding provision have been met.
Please visit the Ontario Land Tribunal website and refer to the Planning Act for more information regarding the appeal process.
Appeals for Zoning By-law Amendments, Official Plan Amendments, Minor Variances, Consents and Legal Non-Conforming Uses:
Please note neighbours and other interested parties not defined by the Planning Act are no longer eligible to file appeals as per Bill 185, Cutting Red Tape to Build More Homes Act, 2024. Planning Act appeals may be filed by the applicant, the Minister of Municipal Affairs and Housing, a “specified person” (as defined by the Planning Act 1(1)), and any “public body” (as defined by the Planning Act 1(1)).
Appeals on Sign Variances and Fence Variances:
Can be made by the applicant or members of the public. Appeals will be heard by Council and the decision is final.

Quick Find Resources

These documents may be amended from time to time. Please contact Town Planning staff to ensure that all application submisison requirements are met.

Planning Applications & Fee Schedules

Pre-Consultation Meetings

Planning Act Applications and Approvals

Frequently Asked Questions

Quick Find Resources

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