The Ontario Planning Act establishes the authority for the Committee of Adjustment to make decisions on minor variances, permissions and consents on property, submitted by the applicant and/or their agent. The Committee of Adjustment is a committee appointed by Council comprised of five residents of the Town that meet on a monthly basis.
In general terms, the Committee has the power to grant the following:
A Minor Variance is a proposed change to a property which does not conform to 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 bylaw. Under section 45(1) of the Planning Act there are four tests that a minor variance must meet.
- Is the application minor?
- Is the application desirable for the appropriate development of the lands in question?
- Does the application conform to the general intent of the Zoning By-law?
- Does the application conform to the general intent of the Official Plan?
Permission allows the applicant to enlarge a building or structure, or may permit similar or more compatible use where land, buildings or structures have been lawfully used for a purpose now prohibited by the Zoning By-law.
Consent enables the applicant to enter transactions 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; rights-of-ways and easements over 21 years; lot adjustments and extensions; and corrections to deeds or property descriptions.
Anyone considering applying for a minor variance, permission or consent application can pick up the application form at Town Hall (or download the application form for Minor Variance or Consent).
The applicant must contact the Building Services division prior to submitting an application to obtain the proper Zoning By-law requirements.
A pre-consultation with planning staff is recommended prior to submitting to determine if an application conforms to the Official Plan and/or severance policies of the Town of Aurora. Failure to follow this procedure may result in the application being delayed due to improper information being submitted. The pre-consultation also acts as an opportunity for the applicant to ask questions about the Committee of Adjustment process.
In making its decision, the Committee will conduct a public hearing. Prior to a hearing, a notice of application is mailed out to all "Registered Owners" of land within a 120-meter radius of the subject property and to notify prescribed public agencies, registered ratepayers, and Town departments.
All interested parties are invited to either attend the public hearing and/or submit in writing their views and concerns. Following the hearing, a notification of the Committee's decision is prepared and mailed to the owner, agent, all interested parties and agencies advising of the decision. There is a 20-day appeal period following the date of decision, whereby an appeal can be made by the applicant/agent or by any other person or public body who has an interest in the matter, to the Local Planning Appeal Tribunal. Once the appeal period has expired and any/all conditions have been satisfied by the owner/agent, the application is final.
Committee of Adjustment 2018-2022
Terms of Reference
Terms of Reference for Committee of Adjustment 2018-2022
fees changed effective September 18, 2018. All forms have been updated to
reflect By-law Number 6123-18. For more information, please contact 905-727-3123 ext. 4226.