Development Documents and Application Forms

A Zoning By-law Amendment (ZBA), also known as a rezoning, is required when a proposed development does not comply with the Town’s Zoning By-laws.

Zoning By-laws regulate how land and buildings may be used and includes standards such as permitted uses, building height, setbacks, lot coverage, density, and parking requirements. If a proposal does not meet these regulations, the property owner may apply to amend the Zoning By-law to permit the requested change.

Applications for Zoning By-law Amendments are reviewed by Town staff and circulated to internal departments and external agencies for comment. The proposal is evaluated based on factors such as:

• Consistency with the Provincial Planning Statement
• Conformity with the Town’s Official Plan
• Compatibility with surrounding land uses
• Impacts on traffic, servicing, and infrastructure
• Urban design and community planning considerations

A Public Meeting is held as per the requirements of the Ontario Planning Act. This meeting provides an opportunity for members of the public to learn about the proposal and provide comments.

Following the Public Meeting and review of all comments, staff prepare a report with recommendations for Council’s consideration. Council then makes the final decision on whether to approve or refuse the Zoning By-law Amendment.

If approved, there is a 20-day appeal period where certain people/bodies (as specified in the Ontario Planning Act) may appeal the decision to the Ontario Land Tribunal.

Property owners are encouraged to consult with Planning Services staff prior to submitting an application to discuss their proposal and submission requirements.

A site plan shows both design and technical aspects of development proposals and ensures that the project contributes to an attractive streetscape, blends with the character of the neighbourhood, or local area, and meets Town and Region (if applicable) requirements.

Site plan approvals

As the Town both grows and redevelops, there is a need to ensure good urban design.

Site Plan Approval is an essential component of the development review process. It is intended to:

• Implement the objectives of the Official Plan
• Ensure conformity to the Zoning By-law and other appropriate by-laws and regulations
• Ensure sufficient municipal services and on-site facilities
• Eliminate or reduce negative impacts on adjacent land uses

Once the plans are approved, a site plan agreement is generally executed. This agreement contractually binds the owner to develop and maintain a site in accordance with the approved plans and the terms of the agreement. Building permits are not typically accepted or issued until the site plan control requirements are addressed.

Site Plan approvals are regulated by Section 41 of the Ontario Planning Act. The entire Town of Newmarket is designated as a "Site Plan Control Area". Development of any kind may not be undertaken in the Town of Newmarket until the Town has reviewed and approved the plans.

Approval process

As the Town both grows and redevelops, there is a need to ensure good urban design which provides for the needs of all citizens, minimizes potential conflicting land uses, integrates the built environment with the natural environment, and ensures new development fits in with its surrounding community.​

Site Plan Approval is an essential component of the development review process. It is intended to:

• Implement the objectives of the Official Plan;
• Ensure conformity to the Zoning By-law and other appropriate by-laws and regulations;
• Ensure sufficient municipal services and on-site facilities; and
• Eliminate or reduce negative impacts on adjacent land uses.

​Newmarket's site plan approval process aims to be efficient, clear and transparent. It has been created with clear gateway milestones marking achievements in the process. This give us all a clear understanding of where we are in the process and how much is left to achieve. View the milestones of Newmarket's site plan process or watch the video below explaining our process. 

Site Plan Exemptions

Most developments require site plan approval before construction can start. Site plan approval is intended to ensure that development is designed appropriately and that matters such as building placement, access, landscaping, servicing, grading, and drainage are addressed. However, some minor developments may not require the full Site Plan Approval process and can be exempt from this process (link to Site plan page).

Examples of development that may be considered for a Site Plan Exemption include:

• a minor addition or development that, in the opinion of the Director of Planning & Building Services, has no significance (e.g., vestibules, infilling additions, façade upgrades, stairwells, accessibility ramps, patios, minor landscaping changes);     
• a temporary sales centre/pavilion/patio; 
• an accessory building associated with a residential dwelling other than an apartment; 
• a detached commercial and industrial accessory structure not exceeding 37 square metres of gross floor area; 
• development of one single detached, semi-detached, duplex, triplex, or fourplex on an existing lot of record; 
• developments of up to 10 residential units; 
• exceptions pursuant to Section 41 of the Planning Act, R.S.O. 1990, c. P.13; 
• such other minor projects as are determined by the Director of Planning & Building Services.

Requests for a Site Plan Exemption are reviewed by Town staff to determine whether the proposal is minor enough to support exemption.  Staff consider factors such as the scale of the proposal, potential impacts on surrounding properties, servicing requirements, grading and drainage, access, and landscaping. See the Town’s Site Plan Manual (link) for more information.

Where appropriate, conditions may be applied to ensure that any technical requirements are addressed.

Applicants are encouraged to consult with Planning Services staff prior to submitting a request for Site Plan Exemption.