Committee of Adjustment Process
Committee of Adjustment Process
Content - business - committee of adjustment process
The Committee of Adjustment is composed of seven members, who are appointed by the Council of the City of Kingston and is guided by the provisions of the Official Plan, including Bylaws 98-1 and 98-4. The Committee is authorized by the Ontario Planning Act to grant minor variances from the provisions of the Zoning Bylaw, to permit extensions, enlargements or variations of existing legal non-conforming uses and give consent to an owner of land who wishes to sell, convey or transfer an interest "part" of their land.
The Committee of Adjustment meets once a month at 1211 John Counter Blvd. All meetings are open and members of the public can speak to each application. The Committee announces any decisions publicly at the meeting and a written decision is mailed to the applicant and interested parties within 10 days.
The Committee's consent is also required when the terms of an agreement, such as a lease, easement or mortgage commits the land to a use for a period in excess of 21 years.
- Submit a Committee of Adjustment Application using DASH
Before submitting an application for a Minor Variance, developers must arrange for a Pre-Application meeting with Planning and Development staff to review the application details. Meetings are informal and generally held in the Planning and Development Department at John Counter Boulevard. Pre-application consultation is mandatory and can be arranged by calling 613-546-4291, Ext. 3180. Applicants must provide detailed plans along with the application. A clear and simple description and justification for the request must also be filed with the application.
Payment of Fees
Each Minor Variance application is subject to payment of application fees as set out in the City's Fees and Charges Bylaw. If substantive changes are made to the application while it is being processed that require it to be re-circulated to technical staff, the applicant may be required to pay additional fees.
Circulation of Applications
Applications for Minor Variances are circulated to a number of internal and external departments and agencies, including Building Inspection, Engineering, Utilities Kingston and Planning and Development. The application may be sent to the Cataraqui Region Conservation Authority for comment if wetlands, watercourses and environmentally sensitive lands are involved in the proposal. Kingston Frontenac Lennox & Addington Public Health may also be involved.
In advance of the hearing, the City will send out a Notice to abutting property owners within 60 metres of the property with information about the proposed variance and the time and date of the Committee of Adjustment meeting at which it will be heard. The City also prepares Signage for the applicant to post on the property frontage, according to municipal requirements.
Site inspections are carried out by Committee of Adjustment members and City Planning staff.
Can anyone appeal the decision?
Anyone may appeal a Decision of the Committee of Adjustment regarding a Consent or Minor Variance to the Ontario Municipal Board (OMB) within 20 days of the date of the Notice of Decision of the Approval Authority by personally delivering or sending a Notice of Appeal to the Clerk of the City of Kingston. The appeal must set out the reasons for objecting to the decision, and must include a cheque in the amount of $125.00, made payable to the Minister of Finance of Ontario. The Approval Authority will then prepare an appeal package and forward it to the OMB. The OMB will schedule a hearing and give written notice of the time and date in advance of the hearing.
How long does the process take?
Approximately 60 to 90 days from the time an application is filed with the Planning and Development to the point where a Provisional Decision of the Consent Authority is final.