Committee of Adjustment

The Committee of Adjustment is responsible for holding hearings under the Planning Act regarding minor variances from the Town's zoning by-law, changes in non-conforming use, and applications for land division (separating a new lot, adding land to an existing lot).

The Committee is comprised of five members of the public who are appointed by Council. Monthly meetings are open to the public and anyone may attend to discuss a particular application. The Committee hears submissions, discusses concerns, and makes a decision. Committee approval may come with attached conditions.

Terms of Reference

View the proposed Terms of Reference.

Meeting schedule

The Committee of Adjustment generally holds hearings on the third Tuesday of each month. Hearings are held only when there are applications ready for consideration.

View meeting dates, agendas and minutes for this committee on our Council Calendar.

How to Submit an Application

Contact 519-776-7336 ext. 1128 for general zoning information and inquiries or requesting an appointment to speak with a Planner. General questions are: what is my property zoned, can I sever my property, the building department told me to speak with a planner about my construction proposal.

Draw a sketch or site plan. Include property lines, existing and proposed structures, their use and their square footage. Measure the dimensions of all structures and distances from property lines. Include all features such as driveways, septic systems, and utility and service locations.

Complete the Planning Application form in draft, leave any questions blank that you are unsure of.

Contact 519-776-7336 ext.1128 or email the Planning Division and request a pre-consultation with a planner. Email the Planning Department with your draft application form and site plan. The Planning Clerk will be in contact with you for available appointment dates.

The planner will meet with you to discuss your draft application and submitted information. You will be advised of the feasibility of your proposal, any revisions needed, and if further information is required.

After the pre-consultation meeting the applicant via email will submit the final application and site plan/drawings of the proposed project. The Planner may need to circulate the application to additional departments for further comments and consideration. After review, the Planner will contact the applicant for a Commission appointment and fee payment.

The applicant will meet with the Planner, sign the application documents and pay the fee. A receipt of payment will be provided.

The Planning Clerk will contact the applicant when property signs are ready for pick up. A $50.00 deposit per sign is required at the time of sign pick up. The public notice sign must be placed on the property until the date of the public hearing meeting. Signs may be returned after the meeting for reimbursement of the deposit fee. Reimbursement takes 3-4 weeks to process.

Applicants will receive a copy of the meeting agenda via email by the Planning Clerk a minimum of 14 days prior to the public hearing date.

Administration will complete planning comments on all applications. These comments explain the application and provide a recommendation to the Committee of Adjustment. Applicants will receive a copy of these comments prior to the scheduled public hearing date.

All hearings of the Committee of Adjustment take place in accordance with the information specified on Public Notice. All meetings are run by the Committee of Adjustment Chairperson. Staff, applicants, delegates and the public must be acknowledged by the Chairperson of the meeting in order to speak. Administration will prepare a brief presentation of the applications. Applicants are asked to be present at the meeting to answer any questions from the Chairperson or Committee members.

Once the application is presented and all those who wish to speak on the application have been heard by the Chair, the Committee will vote on the application. The Committee will determine to Approve, Defer, or Deny the application. All applicants, and members of the public who requested a copy of the decision will be provided as specified per the Planning Act.

In accordance with the Planning Act, all applications to the Committee of Adjustment must wait a 20-day appeal period. The applicant will be notified by administration if an appeal is received within 20 days of the decision. If no appeals are received, the decision will be legal and binding.

Conditions are typically applied to Consent applications. In accordance with the Planning Act, all conditions must be satisfied within 2 years from the date of decision. If conditions are not satisfied within 2 years-time, the decision will lapse and the consent will be null and void. Applicants will receive a copy of the conditions of approval (identified as "Schedule A") with the Notice of Decision.

Please contact staff if you have any questions regarding this process at 519-776-7336 ext. 1128 or email the Planning Department between the hours of 8:30 am to 4:30 pm Monday to Friday.

The Planning Act provides for public appeal of a Committee of Adjustment decision, subject to specific rules of appeal. Only the applicant, persons who addressed the Committee concerning the application at the scheduled meeting, or persons who provided comments in writing beforehand or during the meeting may appeal a Committee decision. On written request by those who made representation to the Committee, a notice of decision is mailed to the address given. The notice provides potential appellants with information on the appeal process.

Learn more

Learn more about Committee of Adjustment issues at the following five links: