Committee of Adjustment
Purpose
The Planning Act grants authority to
Municipal Councils to appoint committees to approve a number of minor
applications. Section 45 of the Planning Act permits the Committee of
Adjustment to make decisions on Minor Variances from the Zoning By-law and to
grant permission for altering or changing a lawful non-conforming use of land,
buildings or structures. Section 53 of the Planning Act permits the Committee of
Adjustment to make decisions on applications for changes to land configuration
in the form of Consents.
In general terms, the Committee has the power to grant the following:
- Minor Variance
A minor variance is a proposed change to
a property which does not conform to the requirements of the Zoning By-law. A
minor variance approval allows the property owner to obtain a building permit
even though their property does not comply precisely with the Zoning By-law.
- Permission
A Legal Non-Conforming Use exists when the
zoning for the property does not permit its current use. Where land, buildings
or structures have been lawfully used for a purpose now prohibited by the Zoning
By-law, the Committee of Adjustment can grant permission to enlarge the
buildings or structures, or may permit a similar or more compatible use, subject
to certain conditions.
- Consent
The Committee of Adjustment has also been
authorized by Council to grant consents. A consent approval enables certain
transactions to occur relating to the subdivision of land. These transactions
can include the creation of a new lot; leases over 21-years; mortgage or partial
discharge of a mortgage; foreclosure or exercise of power of sale; establishing
rights-of-ways and easements over 21-years; adding land to an abutting lot (lot
line adjustments, lot additions and lot extensions) and corrections to deeds or
property descriptions.
Related
Contact Planning and Development
Committee of Adjustment Meetings and Minutes