Committee of Adjustment
The Ontario 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. Under Section 45(1) of the Planning Act there are four tests that a minor variance must meet:
1. Is the application minor?
2. Is the application desirable for the appropriate development of the lands in question?
3. Does the application conform to the general intent of the Zoning By-law?
4. Does the application conform to the general intent of the Official Plan?
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.
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.
The Town of Bradford West Gwillimbury Council has appointed a Committee of Adjustment consisting of five (5) residents of the Town.
Applications are made through the Planning & Development Services Department. A pre-consultation meeting with Planning staff is required prior to submitting an application in order to obtain proper Zoning By-law requirements and to determine if an application conforms to the Official Plan and/or Consent policies of the Town. Failure to follow this procedure may result in the application being delayed due to improper information being submitted.
To inquire about minor variances or consents, please contact the Planning and Development Services Department l at 905-775-5369.
The application forms can be obtained from the Planning and Development Services Department located at 3541 Line 11 or downloaded from Application Forms.
The Committee of Adjustment hold monthly public hearings to consider applications for Minor Variances, permissions and Consents. Please consult the schedule document at right to see when the next meeting is being held or contact the Planning and Development Services Department at 905-775-5369.
Terms of Office
All citizen members of the Committee will hold office for a term coinciding with the term of Council and remain in office until their successors are appointed. Where a member ceases to be a member before the expiration of his or her term, Council will appoint another eligible person for the unexpired portion of the term.
Remuneration is paid to the Committee members in accordance with By-law 2011-095.