Committee of Adjustment

FAQs

1. 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.

2. What are the steps involved with a Minor Variance or Permission application, and how long does the process take?

   • The initial steps may be accessed here. The proposal must be reviewed by our Zoning Officer, and one of our Planners will advise of any issues. Once the application is processed, a sign will need to be posted on the property, the required agencies will receive a copy of the application, and a notice will be circulated to the neighbouring property owners. After agency and public comments are received, a recommendation report will be written by a Planner. The Committee of Adjustment will then make a decision at a hearing, and a 20 day appeal period will follow. The process typically takes around 60 days.

3. 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 Ontario Land Tribunal appeal is received.

4. When and where are the Hearings held?

   • Hearings are typically held virtually on the first Wednesday of each month at 6 p.m.

5. 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. The hearing agenda and related reports are posted on the website, and can be accessed here.

6. What are the four tests that a Minor Variance application is evaluated against?

   • The requested variance(s) must be considered to meet the intent and purpose of the Official Plan, meet the intent and purpose of the Zoning By-law, be desirable for the appropriate use of the land, building or structure, and be minor in nature.

7. 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. 

8. What if I object to a proposal?

   • All objections must be in writing, and forwarded to the Secretary-Treasurer.  Note that objections are not anonymous, and will become part of the public record.

9. How can I get a copy of the decision?

   • A copy of the decision will be forwarded to the owner and agent, each person who spoke at the hearing, and to those who have submitted a written request to receive the notice of decision. 

10. 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 Ontario Land Tribunal, an appeal form, including a fee must be submitted. NOTE: ‘Bill 23 – More Homes Built Faster Act’ has received Royal Assent. The Ontario government’s legislation results in third-party appeals being eliminated. This means that no one other than the applicant, the municipality, certain public bodies, and the Minister of Municipal Affairs and Housing will be allowed to appeal the subject decision.

11. 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.)