Committee of Adjustment
The Committee of Adjustment (C. of A.) is a committee of five community members, appointed by City Council, 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.
- consents for the creation of lots, lot line adjustments and creation of easements.
The Ontario Planning Act governs the Committee's responsibilities and conduct.
Consents in Oshawa
Consent, also known as land division or land severance, is the division of land to create new parcels of land.
Land division may include:
- the creation of new building lots
- boundary adjustments
- registration of easements
If more than three lots are proposed, a Plan of Subdivision application is generally required.
For further information see the Ontario guide to land severances (consents).
The Committee of Adjustment is delegated the responsibility to consider consent applications and grant consent. City staff review consent applications using the Oshawa Official Plan, Zoning By-law 60-94 and other City standards, and consult with the Region of Durham, Central Lake Ontario Conservation Authority and other agencies.
Apply for a Consent |
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To apply for a consent, complete the consent application and submit it through the Oshawa Application Portal. In addition to the Oshawa Application Portal submission, one original hard copy of the application form must be commissioned by an Ontario Commissioner of Oaths and mailed/dropped off to Planning Services, as well as 2 hard copies of all submission materials. In some cases, severances can be created through an application to Remove Part Lot Control. However, this type of application can only be used in some circumstances and only when the lands are within a registered plan of subdivision. |
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 minor and must be desirable for the appropriate use or development of land.
An example of a minor variance could involve a homeowner who wants to build a house. The homeowner wants the house to be 0.9 metres from the interior side lot line. In the Zoning By-law, the minimum interior side yard depth is 1.2 metres. To be able to build the house 0.9 metres from the side lot line, 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? |
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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. A legal non-conforming use should eventually 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 |
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To apply for a minor variance, complete the minor variance application and submit it through the Oshawa Application Portal. In addition to the Oshawa Application Portal submission, one original hard copy of the application form must be commissioned by an Ontario Commissioner of Oaths and mailed/dropped off to Planning Services, as well as 2 hard copies of all submission materials. |
Fees
Note: after the fact variances are double the regular fee
| Type | Fee |
|---|---|
| Tabling | $337 |
| Special Meeting | $1,660 |
| Minor Variance: single detached dwelling, semi-detached dwelling, duplex, street townhouse dwelling, block townhouse dwelling, accessory apartment or converted dwelling | $831 per lot or proposed lot |
| Minor Variance: all other residential | $1,989 per lot or proposed lot |
| Minor Variance: non-residential | $1,989 |
| Application for Consent | $2,266 |
| Consent: clearance of City conditions | $421 |
| Consent: stamping fee | $1,030 |
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.
Meeting Dates and Submission Deadlines |
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Appeals to the Ontario Land Tribunal
The Planning Act provides that decisions of the Committee of Adjustment on applications under Sections 45 or 53 of the Planning Act can be appealed by the municipality, a specified person, any public body, 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.
Ontario Land Tribunal Appeals |
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