FAQ
What is the Committee of Adjustment?
The Committee of Adjustment is an independent body consisting of five members, appointed by Council, under authority granted by the Province of Ontario, to grant relief from the provisions of the Town’s Zoning By-law. The Committee of Adjustment is also empowered to grant consent to divide a lot into additional parcels..
What is a minor variance?
A minor variance is a change or permission from the specific requirements of the Town’s zoning by-law. Zoning by-laws are very specific in terms of setbacks, lot coverage and so on, and while they are crafted to anticipate most scenarios, they simply cannot anticipate all. The minor variance process allows a property owner the opportunity to seek permission or relief from a specific provision of the Town’s zoning by-law by applying to the Committee of Adjustment.
What is consent?
Consent is a term used to describe the approval required to subdivide land without the requirement of a plan of subdivision. The Planning Act requires that consent be granted before a parcel of land can be divided to create an additional lot. This process is referred to as land severance and the type of consent given in this instance is a severance.
What does the minor variance process consist of?
- The minor variance process consists of several steps. Preconsultation - prior to making the application, the applicant may wish to confer with the Secretary Treasurer
- Submission - when submitting, ensure that the application is completed in its entirety. Once a completed application is received it is processed by the Secretary Treasurer
- Circulation - all property owners within 60 metres of the subject lands as well as various Town departments and any affected agencies are provided a Notice of Hearing two weeks prior to the Hearing date, which briefly outlines the nature of the application – applicant is responsible for posting a sign on the subject lands
- Hearing and Decision - the Committee hears the application and usually makes a decision the same day
- Notice of Decision - a Notice of Decision is circulated to the applicant and all persons who made a written request to be notified of the decision - once the decision is made, a 20 day appeal period commences during which time the Committee’s decision could be appealed to the Ontario Municipal Board
- If Appealed - the application is heard before the Ontario Municipal Board in what amounts to a new hearing
- If No Appeal - the Committee’s decision is final after the expiration of the 20 day appeal period
What does the consent process consist of?
- The consent process consists of several steps. Preconsultation - prior to making the application, the applicant may wish to confer with the Secretary Treasurer
- Submission - when submitting, ensure that the application is completed in its entirety. Once a completed application is received it is processed by the Secretary Treasurer.
- Circulation - all property owners within 60 metres of the subject lands as well as various Town departments and any affected agencies are provided a Notice of Hearing two weeks prior to the Hearing date, which briefly outlines the nature of the application – applicant is responsible for posting a sign on the subject lands
- Hearing and Decision - the Committee hears the application and usually makes a decision the same day - generally, consent is granted conditionally (typical conditions may include survey, cash in lieu of 5% parkland, connect to municipal services)
- Notice of Decision - a Notice of Decision is circulated to the applicant and all persons who made a written request to be notified of the decision - once the decision is circulated, a 20 day appeal period commences during which time the Committee’s decision could be appealed to the Ontario Municipal Board
- If Appealed - the application is heard before the Ontario Municipal Board in what amounts to a new hearing
- If No Appeal - the Committee’s decision is final after the expiration of the 20 day appeal period and the applicant has one year to complete any conditions established by the Committee after which time a Certificate of Official is issued (if conditions not satisfied within required timelines, application is deemed to be null)
How long does the process take?
For both a minor variance application as well as a consent application, from the time the application is submitted until a decision is made and the appeal period expires takes about two months. If conditions are attached to a decision (which is usually the case with a consent) the process could take considerably longer. If a decision is appealed to the Ontario Municipal Board, the decision is not final until it has been dealt with by the Board.
How much does an application cost?
The cost for a minor variance application is $750 and the cost of a consent application is $1430 per lot being created.
Where can I get an application form?
Application forms are available on the Town’s web site as well as in the Customer Service area of the Administration Building. The Administration Building is located at 2101 Innisfil Beach Road.
Where are the Hearings Held?
The Committee of Adjustment Hearings are held in the Council Chambers in the Administration Building which is located at 2101 Innisfil Beach Road.
If my application is refused do I get my money back?
There is no refund if your application is refused.
When does the Committee of Adjustment meet?
The Committee of Adjustment sits the second Thursday of every month at 1:30 in the afternoon. A meeting schedule can be found on the Town’s web site.
Still have questions?
For additional information or further assistance please contact our Customer Service Department at 705-436-3710 (Monday to Friday 8:30am to 4:30pm) or use our
Online Inquiry Form.
