What by-laws govern planning and development matters in the City of Moncton?
The Municipal Plan defines the overall vision for planning and development within the City of Moncton. The Zoning By-Law is a supporting document that outlines the different zones in the city and what land uses are allowed in each zone.
What is a rezoning?
When changes are made to the zoning of a property, it is typically referred to as a “rezoning”. A rezoning is required when an applicant wishes to move forward with a project that is not permitted in their zone. An example of this may include rezoning residential lands to commercial to accommodate a retail establishment.
To proceed with a rezoning, the applicant must formally request a change to the Zoning By-Law. Rezonings must go through a public hearing and be approved by Moncton City Council.
What is the difference between a “permitted use” and a “conditional use”?
The Zoning By-Law regulates how land may be used and what land uses are allowed on a property. Uses generally fall into two categories, “permitted” and “conditional”. Both categories are allowed uses set out by Council.
A “permitted use” can be approved by a development officer. A “conditional” use must be approved by the Planning Advisory Committee, which meets once a month. A “conditional use” may be subject to terms and conditions that the Committee may impose. However, a conditional use is an allowed use set out by Council. If all regulatory requirements are met, and the conditions imposed are reasonable, the Planning Advisory Committee does not have the legal authority to say no to an application. The rules for conditional uses are set out in provincial law.
What are terms and conditions?
Terms and conditions represent an agreement between the landowner and City. These conditions are imposed by the Planning Advisory Committee and must be fulfilled before a project receives approval at the permitting stage.
What is a variance?
A variance is a type of development application where an exemption is required from the Zoning By-Law. Typically, variances are requested when there are special circumstances (such as shape, location, topography of the land) that make it difficult for a project to meet the requirements of the Zoning By-Law.
Variances are granted by the Planning Advisory Committee (PAC) on a case-by-case basis. All PAC meetings are open to the public, and, except applications to amend the Municipal Plan or Zoning By-Law, residents are welcome to participate by submitting written comments and/or expressing their views during the public meeting. The public can speak to Municipal Plan and Zoning By-Law amendments during the required public hearing.
What is the role of the Planning Advisory Committee?
The Planning Advisory Committee (PAC) is made up of volunteers appointed by Moncton City Council. Their role is to advise Council on planning-related matters, including Municipal Plan amendments, Zoning By-Law amendments, and subdivisions. The Committee also acts as the approving authority for variances, conditional use applications, and applications for similar and compatible uses.
The PAC typically meets once per month, usually on a Wednesday, and meetings are open to the public. Residents are encouraged to attend meetings and are invited to express their views on variances and conditional use applications that the PAC has approval authority on.
How do I find out when meetings are taking place?
The schedule for both City Council meetings and Planning Advisory Committee meetings are posted online. Agendas are posted online prior to the meetings.
How do I find out what happened at a meeting?
Council meeting minutes, decisions, and recommendations are posted online as are Planning Advisory Committee decisions.
Where can I review proposed amendments to by-laws, including the Zoning By-Law?
All proposed by-law amendments are posted online. You can also read all adopted by-laws on the by-laws page.