Committee of Adjustment: Application Process and Procedures
Step 1: Processing (‘Deeming the Application Complete’)
An applicant can request a discussion with Staff before submission. Should they request a review of materials before formally submitting and paying the NON-REFUNDABLE application fee of $2500 (Consent) or $1000 (Minor Variance), Staff can review the application for a fee of $225 (applied as a chargeback rate for technicians).
If the application is deemed ‘complex’, Staff will ask for a Pre-Consultation rather than
charge the applicant for a review. Once the application has been reviewed and Staff is satisfied that all criteria have been met, it is considered ‘Complete’ and the circulation process begins.
Step 2: Drafting the Agenda
A minimum of 3 applications must have been Deemed Complete by Staff to trigger a Committee of Adjustment meeting. The Meeting Agenda is posted on the Township website and made available to the public on the 1st of the month (where applicable). Staff will not add any cases to the Agenda after the submission deadlines outlined in the 2024 COA Calendar.
Step 3: Circulation of Materials
Staff will circulate a Memorandum to Township Departments and Agencies inclusive of submitted applications and all accompanying materials for comment.
Step 4: Public Notices & Signage
Staff provides Public Notices to all relevant stakeholders in the vicinity of the application sites. The Planning Act outlines two different distance requirements for circulation of public notices based on the type of application:
- Consent – Public Notices must be circulated to all stakeholders in a 120m Radius.
- Minor Variance – Public Notices must be circulated to all stakeholders in a 60m
Radius.
There are also different time requirements for circulation of public notices based on the type of application:
a. Consent – a minimum of 14 days before the meeting date.
b. Minor Variance – a minimum of 10 days before the meeting date.
Planning Staff requires specific application-related signage to be displayed visibly on-site for the public to see. The applicant must have signs erected 14 days (for consents) and 10 days (for minor variances) prior to the Committee of Adjustment meeting.
Planning Staff requires applicants to submit photo evidence of signs being displayed and also visits sites to make sure they are displayed appropriately.
Step 5: Drafting of Reports
Staff Planning Reports with recommendations are provided to Committee Members and Applicants one week before the Committee of Adjustment Meeting.
Step 6: Public Meeting
The Committee of Adjustment Meeting/Public Meeting is held (typically the last Friday of the month), and the Planning Report is presented. Applicants are invited to present their case before the Committee and a decision is made on each case.
Step 7: Conditions, Appeals, and Certificates
The applicant has 2 years to satisfy all conditions of approval. The applicant, the Minister, a specified person, or any public body, may appeal the decision and/or any conditions imposed to the Ontario Land Tribunal. In order to appeal, one must file a Notice of Appeal setting out written reasons for the appeal and, if applicable, specifying which conditions are being appealed, within twenty (20) days of the making of the decision.
The Notice of Appeal should be filed with the Secretary-Treasurer of the Committee of Adjustment and be accompanied by a payment of $400.00 for the first application being appealed. If more than one application is being appealed, the fee for each additional application is $400.00.
Once conditions have been met, for Minor Variances, the Applicant will be approved during the building permit process. For Consents, the Applicant is provided with a consent certificate, and the consent is then deemed FINAL.
