Committee of Adjustment

The Committee of Adjustment (C. of A.) is a committee of five community members whose role is to consider minor variances to the City's Zoning By-law. The Committee also considers extensions, enlargements or variations to existing legal non-conforming uses.

The Ontario Planning Act governs the Committee's responsibilities and conduct.

What is a Minor Variance?

A variance is a minor exception to the Zoning By-law for a specific property. The C. of A. may approve the variance if satisfied that the variance meets four tests. It must maintain the general intent of the Official Plan and the Zoning By-law. The proposed development must be appropriate and the variance must be minor.

An example of a minor variance could involve a homeowner who wants to build a house. The homeowner wants the house to be 7 metres tall. In the Zoning By-law, the maximum building height is 6 metres. To be able to build the house 7 metres tall, the homeowner needs C. of A. approval.

Larger changes that are beyond the scope of the C. of A. must go through the Zoning By-law amendment process.

What is a legal non-conforming use?

A legal non-conforming use is a use that is not recognized in the Zoning By-law but existed and was legal on the day the Zoning By-law passed (June 6, 1994). In Ontario, these uses have a right to continue and cannot be "zoned" out of existence.

A legal non-conforming use should change to a use that conforms to the Zoning By-law and the Official Plan. Despite this goal, the Planning Act allows legal non-conforming uses some leeway. Legal non-conforming uses get leeway despite not meeting the municipality's long-term planning documents.

Apply for a Minor Variance

To apply for a minor variance, complete the Committee of Adjustment Application and submit it to Planning Services.

We do not accept electronic applications. Applications must be commissioned and mailed/dropped off at City Hall with seven copies of the plan and the current fee.

Meetings and Agendas

View the calendar for Committee of Adjustment meetings.

Note: Notwithstanding the table below, the City may limit the number of applications on a given agenda to 10 applications based on a first-come first-served basis.

Appeals to the Ontario Land Tribunal   

 The Planning Act provides that decisions of the Committee of Adjustment on applications under Section 45 of the Planning Act can be appealed by the municipality, the applicant or the Minister of Municipal Affairs and Housing. Appeals are filed with the municipality but are sent to the Ontario Land Tribunal for administration. Below is a list of applications appealed to the Ontario Land Tribunal since June 1, 2023 and a link to additional information on the Ontario Land Tribunal’s website. To search for previous decisions, please visit the Ontario Land Tribunal’s Decisions webpage. To search the status of other cases, please visit the Ontario Land Tribunal’s Case Status webpage.