- What is the Committee of Adjustment?
The Committee deals with requests for minor changes to the Zoning By-law (e.g. structure setbacks, height, and size), permissions to extend, enlarge, or alter a Legal Non-Conforming use (Legal Non-Complying structure), as well as the creation of new lots, lot line adjustments, easements, leases over 21 years, etc. The Committee is comprised of members of the community appointed by Council, with assigned authority to deal with various applications. The hearings are held monthly, and are open to the public.
- What are the steps involved with a Minor Variance or Permission application, and how long does the process take?
The process is initiated upon submission of a complete application, and typically takes around 60 days (30 days to a hearing, followed by a 20 day appeal period). If a decision is appealed to the Local Planning Appeal Tribuna, the process will take much longer.
- What are the steps involved with a Consent application, and how long does the process take?
As the Town has delegated authority to issue Consent decisions, public hearings are not typically held. Please contact staff for details, and note that timing will depend on various factors, including:
- whether a pre-consultation meeting is required,
- whether the proposal requires a revision,
- whether a decision is made by the Town or the Committee of Adjustment,
- whether the applicant clears the conditions in a timely manner, and
- whether an Local Planning Appeal Tribuna appeal is received.
- When and where are the Hearings held?
Hearings are typically held on the first Wednesday of each month at 6 p.m. at the Town Hall (Council Chambers) subject to notification. Please check the committee calendar to verify the date and time of each hearing.
- How are the neighbours and the public notified?
A yellow sign is posted on the property, and a notice of a public hearing is mailed out to neighbouring property owners within 60 m of the proposal. You may also contact staff for further information, or clarification. The hearing agenda and related reports are posted on the website, and can be accessed via the committee calendar.
- What are the four tests that a Minor Variance application is evaluated against?
The requested variance(s) have to be minor in nature, desirable for the appropriate use of the land, building or structure, and meet the intent and purpose of the Zoning By-law, and the Official Plan.
- How is the application reviewed?
Once technical comments from various agencies and departments, as well as any public comments are received, a report is written by a Planner, recommending approval, deferral, or refusal.
- What if I object to a proposal?
All objections must be in written format, and forwarded to the Secretary-Treasurer. Note that objections are not anonymous, and are made public as part of the application process.
- How can I get a copy of the decision?
A copy of the decision will be forwarded to anyone who appeared in person at the hearing, and to those who have contacted the Secretary-Treasurer with a written request for notice of the decision.
- What are my options if I do not agree with a decision?
A 20 day appeal period follows each decision, and if you choose to appeal the decision to the Local Planning Appeal Tribuna, an appeal form, including a fee of $300 (certified cheque or money order, payable to the Ontario Minister of Finance) must be submitted to the Secretary-Treasurer within those 20 days.
- Can I file a Minor Variance application within 2 years of my owner-initiated rezoning (that was approved)?
There is a two-year prohibition on applications seeking variances to an owner-initiated site-specific rezoning, from the date that the by-law was amended. However, Council can override this prohibition through a declaration by resolution, that such application is permitted.
- Where do the rules that govern Committee of Adjustment come from?
- Minor Variance or Permission - Section 45 of the Planning Act, as amended,
- Consent - Section 53 of the Planning Act 1990, as amended,
- Validation of Title - Section 57 of the Planning Act 1990, as amended (Note that an application would not be required for obtaining a Validation Certificate.)
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