The Committee of Adjustment (COA) is an independent, quasi-judicial body established under Ontario's Planning Act. It is appointed by municipal councils to make decisions on specific types of planning applications, including minor variances, consents (land severances), and permissions related to legal non-conforming uses. The COA operates separately from municipal councils and planning departments to ensure impartiality in its decision-making process.
Key Functions of the Committee of Adjustment:
Minor Variances:
When a property owner proposes a development that doesn't fully comply with the zoning by-law but maintains its general intent and purpose, they can apply for a minor variance. The COA evaluates these applications based on criteria such as whether the variance is minor, desirable for the appropriate development or use of the land, and maintains the intent of the official plan and zoning by-law.
Consents (Land Severances):
A land severance or consent (CSNT) is the authorized separation of a piece of land to form a new lot or a new parcel of land. A consent application is also required if you want to sell, mortgage, charge for, or enter into an agreement (of at least 21 years) for a portion of your land, or for the establishment of easement, or the correction of title. If several severances are intended in the same area, a plan of subdivision may be required. This Land Division Consent application process may take approximately 3 to 18 months to complete.
Permissions for Legal Non-Conforming Uses:
If a property's existing use does not conform to current zoning by-laws but was legally established under previous regulations, it is considered a legal non-conforming use. The COA can grant permission to alter or expand such uses, provided the changes are in line with the general intent of the official plan and zoning by-law.
Composition and Operation:
The COA typically comprises citizen members appointed by the municipal council. For instance, the City of Toronto's COA consists of 35 citizen members divided into panels corresponding to the city's districts. These panels hold public hearings to consider applications, allowing for community input and transparent decision-making.
Application Process:
Submission: Applicants must submit detailed proposals, including plans and supporting documents, to the COA.
Review: The application is reviewed for completeness and circulated to relevant municipal departments and agencies for comments.
Public Notice: Notices are sent to neighboring property owners, and signs may be posted on the subject property to inform the community of the application.
Hearing: A public hearing is scheduled where the applicant and interested parties can present their views.
Decision: After considering all information and testimonies, the COA makes a decision, which can be appealed to the Ontario Land Tribunal if necessary.
Appeals:
Decisions made by the COA can be appealed to the Ontario Land Tribunal (OLT) within a specified period, typically 20 days from the decision date. Recent legislative changes, such as Bill 23, have affected who can appeal COA decisions, so it's advisable to consult the latest regulations or seek legal advice if considering an appeal.
Conclusion:
The COA plays a crucial role in local land use planning, providing flexibility within the zoning framework while ensuring that developments are appropriate and in harmony with community objectives.
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