Amendment to an urban planning by-law
Amending an urban planning by-law consists of amending certain regulatory provisions at the scale of the territory of the City of Westmount or at the scale of a specified zone. Amending a by-law provision can sometimes be relevant in order to better respond to current issues and the present reality of the territory.
Although by-law amendments are generally initiated by the municipal council, it is possible to submit a request to amend an urban planning by-law for the realization of a project.
Legal process
The process for adopting an amendment to an urban planning by-law is defined within the Act respecting land use planning and development. When it comes to amending a provision of a zoning or subdivision by-law, the process generally requires the holding of a public consultation meeting in order to hear any interested person who would like to express themselves on the draft by-law. Furthermore, in the case of a draft by-law that includes provisions subject to referendum approval, the latter may be submitted for referendum approval.
Principle of conformity
The principle of conformity, enacted by the Act respecting land use planning and development, ensures consistency between the planning documents of the various decision-making levels: government, metropolitan communities, regional municipalities (MRCs) and municipalities. The following diagram summarizes the different types of conformity that apply in the case of the City of Westmount.
According to this principle, it is noted that any amendment to a planning by-law must comply with the Planning Programme, to ensure local conformity, and with the schéma d’aménagement et de développement (SAD) de l’agglomération de Montréal, to ensure regional conformity.
Urban planning draft by-law amendments
Note: This list only includes information relating to a draft by-law involving a public consultation meeting. For any additional questions regarding the process of adopting a draft by-law, contact the Legal Department.
No current draft by-laws.
No archived projects
Request to amend an urban planning by-law
A request to amend an urban planning by-law allows any amendment to a by-law provision to be submitted to city council in order to allow the implementation of a construction or occupation project. The proposed amendments have the effect of changing a provision for the entire territory or, where applicable, for a specified zone, unlike a specific proposal (SCAOPI) which only affects the property concerned.
Before submitting a request, all other avenues for carrying out a project should have been considered, in particular the possibility of complying with the existing regulations, applying for a specific construction, alteration or occupancy proposal for an immovable (SCAOPI) or submitting a request for a minor exemption.
Before submitting a request to amend an urban planning by-law, it is recommended to communicate with the Urban Planning Department and to submit an optional preliminary study request in order to assess, on the one hand, the admissibility of the request and, on the other hand, whether other urban planning tools could be considered for carrying out the project.
Following the submission of a request, the Urban Planning Department will carry out an exhaustive analysis before it is submitted to the general committee in order to determine whether or not the request will be subject to consultation.
In the event of a favorable orientation from the general committee, the legal process linked to the amendment of an urban planning by-law, which is defined by the Act respecting land use planning and development, may begin. This process includes a public consultation meeting and, depending on the requested amendments, a draft by-law may be submitted for referendum approval, which increases the processing time of a request.
The processing time for any request to amend an urban planning by-law, including steps preceding the start of the legal process, can last between six (6) and ten (10) months.
Consult the process of a request to amend a zoning or subdivision by-law.
The applicable rate to request an amendment to an urban planning by-law or to amend the Planning Programme is laid out in the by-law establishing tariffs for the current fiscal year.
Note: In the event of an unfavourable decision from city council for a request to amend a zoning or subdivision by-law, half of the request fee will be refunded.
A request for a preliminary study, although optional, makes it possible to assess the admissibility of an application before it is officially submitted. The preliminary study, carried out by the Urban Planning Department, also provides guidance to applicants at the start of their project. This procedure enables applicants to assess whether or not to proceed with their project, without having to file a formal application and pay the associated fees.
Important notice
The opinion issued by the Urban Planning Department is for informational purposes only and in no way guarantees a favourable decision on the project by the municipal council following the submission of a formal application, where applicable. It is also possible that the opinion of the Urban Planning Advisory Committee, when applicable, may differ.
Fees
The application fee for a preliminary study is laid out in the by-law establishing tariffs for the current fiscal year. This fee may be deducted from the applicable fee for a formal application if the application is filed within twelve (12) months following the preliminary study.
Timeline
Depending on the type of project, it may take between one (1) and four (4) months to obtain a preliminary opinion from the Urban Planning Department following the submission of a request for a preliminary study.
Any request must be accompanied by the following request form as well as each of the required documents listed therein.