Committee of Adjustment, Minor Variance and Land Division

The committee consider applications for minor variances from the zoning by-law, applications for land division (consent to sever land), and any other variances specified by council that implement the official plan.

Applications to the Committee of Adjustment are processed in accordance with the requirements of Sections 45 and 53 of the Planning Act, applicable regulations (O.Reg. 200/96 and 197/96 as amended), the Statutory Powers Procedures Act and applicable town policies.

The committee is authorized by the Planning Act to consider applications for:

• Minor variances from the provisions of the zoning by-law
• Extensions, enlargements or variations of existing legal non-conforming uses under the zoning by-law
• Land division (severing a new lot from an existing lot, adding land to an existing lot, easements, mortgages or leases in excess of 21 years)
• Determining whether a particular use conforms with the provisions of the zoning by-law where the uses of land, buildings or structures permitted in the by-law are defined in general terms

The zoning by-law regulates how land and buildings are used and where buildings and structures can be located. The zoning by-law also specifies lot sizes and dimensions, parking requirements, building heights and other provisions necessary to ensure proper and orderly development. When a proposal does not comply with the provisions of the zoning by-law, an owner may make application to the Committee of Adjustment for a minor variance. A minor variance provides relief from a specific zoning by-law requirement, excusing a property owner from meeting the exact requirements of the by-law.

The committee must ensure that the variances, if approved, satisfy the following:

• Is considered to be a "minor" change from the zoning requirements
• Is desirable for the appropriate development or use of the land, building or structure
• Generally maintains the intent and purpose of the official plan(s)
• Generally maintains the intent and purpose of the zoning by-law

Normally, new lots are created through approval of an application for a plan of subdivision. When only one or two new lots would be created and no new road is required, a full subdivision application may not be necessary. In this case, an application for consent to sever may be appropriate.

In evaluating applications for consent, the committee must consider:

• Conformity with the lot creation policies of the official plan(s)
• The availability of access to and frontage on a municipal road
• The appropriateness of the size and configuration of the proposed lot for the land use
• The adequacy of water and wastewater services
• The location and characteristics of the property
• The conservation and protection of natural resources and farmland
• The impact upon the current and future use of surrounding properties

If you have received a mailing about an application that is going to Committee of Adjustment please see the following Committee of Adjustment document (pdf) which was inserted in your notification.