Committee Mandate

The Committee of Adjustment is a quasi-judicial tribunal appointed by city Council and operates at arm's length from the municipal government in accordance with the Planning Act.

In general, the Committee of Adjustment meets once a month in order to examine, among other things:

  • Applications for minor variances to a provision of the Zoning By-Law;
  • Expansion of a building or changes to existing non-conforming uses under the Zoning By-law;
  • Applications for authorization to sever land or applications for any agreement, mortgage or lease that applies for more than 21 years;
  • Applications for validation of title and power of sale.

The Committee of Adjustment and its application review process is separate and independent from other municipal development approval processes. As a result, the various approval processes may be conducted simultaneously. See The Planning and Development section for more information.

Terms of References 

By-Law 2011-33

A by-law to appoint a Committee of Adjustment for the City of Clarence­ Rockland.

Whereas the Corporation of the United Counties of Prescott Russell has deemed it appropriate under Section 54(1) of the Planning Act, R.S.O. 1990, Chapter P. 13, to delegate consent granting authority, within Section 53, to the Council of the City of Clarence-Rockland within its territorial limits;

And whereas the Council of the Corporation of the City of Clarence­ Rockland has deemed it appropriate under Section 54 (2), (6) of the Planning Act,

R.S.O. 1990 Chapter 13, to delegate the authority for the giving of consents to a Committee of Adjustment;

And whereas Section 44 of the Planning Act, R.S.O. 1990, Chapter P. 13, permits the Council of a municipality to appoint a Committee of Adjustment;

And whereas the Council of the Corporation of the City of Clarence­ Rockland deems it advisable and necessary to appoint a Committee of Adjustment for the granting authority of matters described within Sections 53 and 45, of the Planning Act R.S.O. 1990, Chapter P.13;

Now therefore, the Council of the Corporation of the City of Clarence­ Rockland enacts as follows:

1. A Committee of Adjustment shall be established for the City of Clarence­ Rockland.

2. The Committee of Adjustment shall be determined and shall operate as described within Section 44 (2) to (11).

3. The regular meeting of the Committee must take place once per month, at a day set-out by resolution. All regular meetings are public.

The members, except any member of Council, can be reimbursed for their traveling expenses during duties as a member of the committee upon presentation of authorized statements of expenses. Also, the committee members are remunerated for their duties as follows:

Chairperson: $100.00/meeting

Members: $75.00/meeting

5.                  Only those members of the Committee of Adjustment attending a meeting shall be remunerated.

6. In the absence of the Chairperson, the member that assume the duties of the Chairperson shall be remunerated accordingly and for that meeting.

7.The mandate of a member ends when he/she is absent for three regular consecutive meetings without a valuable excuse. The mandate ends at the end of the third regular meeting of which the member did not assist. Furthermore, the mandate of a member ends when a member is no longer a resident of the City. Finally, any member can resign from the committee by forwarding a written resignation letter to the Secretary-Treasurer of the committee.

8. In addition to complying with the requirements of the Planning Act, the committee shall comply with such rules of procedure as are prescribed.

9.  That    by-laws    1998-15,    2002-73, 12003-105 et 2007-138 be and are hereby repealed.

Dated and passed in Council this 14th February 2011

Marcel Guibord, Mayor

Monique Ouellet, Clerk

 

Committee's Structure

The Committee is composed of 4 members of council and 2 members of the public.

Before applying, consult the Guide to Minor Variances and Permits, and contact the Planning Department for more information at 613-446-6022 ext. 0.

Guide to Minor Variances and Permits 

1.0 Introduction

This document is intended to provide guidelines for the public, property owners, builders and the municipality that will assist in the preparation, submission, review, and approval of new developments in the City of Clarence-Rockland. A “minor variance” is a minor change to a performance standard set out in the City’s Zoning By-law, granted by the Committee of Adjustment.

Applying for a minor variance is a method to seek relief when hardship or circumstances make it difficult to meet the standards set out in the Zoning By-law. Minor variances cannot add a use that is not permitted under the Zoning By-law that would require a “Zoning By-law Amendment”. Note, in certain instances a “permission” under Section 45(2) of the Planning Act, (ie. for a change of non-conforming use and enlargements) could be considered under this process.

These guidelines are provided to assist a proponent to understand the City’s requirements and the types of issues that will be reviewed for approval.

2.0 Minor Variance Approval Process

2.1 Major Steps

2.1.1 Pre-Consultation with the City’s Planning Staff

Applicants are advised to request a pre-consultation meeting with a municipal planner prior to the submission of an application. During the pre-consultation meeting, a planner will help the applicant specify the variance or variances required and whether it is of their opinion that the variance requested would meet the four tests. Applicants may also use the pre-consultation meeting to ask any questions they have regarding the minor variance or permission process and receive assistance to fill out their application form.

2.1.2 Submit a Complete Application

The applicant submits a complete application including a cover letter or planning rationale, required information identified during the pre-consultation meeting (ie. up-to-date survey plan, site plan, building elevations, etc.) the required fees and a copy of the Deed of Land. The application will then be reviewed by the Secretary Treasurer to ensure that the application is complete and all the required information was provided.

2.1.3 Circulation of Application

Once the application is deemed complete, and at least 10 days before the meeting, the Secretary-Treasurer of the Committee of Adjustment will send a notice of the application to neighbors within 60 meters of the subject property, and any person or public body that made a written request to be notified. A notice sign will also be placed on the property by a company, and will be removed by the company after the public meeting.

The application will also be circulated to prescribed agencies and to the City’s Departments in order to obtain comments and conditions to take into consideration when making a recommendation on the application.

2.1.4 Approval by the Committee of Adjustment

The Committee of Adjustment is the approval authority for consents, minor variances and permissions. The Committee carefully considers all aspects of the application, which includes:

• Whether the request maintains the general intent and purpose of the Official Plan;

• Whether the request maintains the general intent and purpose of the Zoning By-law;

• Whether the request is considered minor, and,

• Whether the request is desirable for the appropriate development of land.

Note in addition to these four ‘tests’ all planning decisions shall also be consistent with the Provincial Policy Statement. A report will be prepared by a municipal planner and presented at the public meeting, followed by a recommendation to the Committee based on whether the concerns have or can be addressed. If the application is approved, the Committee of Adjustment may impose or remove conditions as part of the decision.

2.1.5 Notice of Decision

A notice of decision will be mailed to the applicant and anyone who filled a written request for notice of decision or provided written comments within 10 days of the date on which the Committee of Adjustment made a decision.

Note: There is a 20 day appeal period following the decision.

2.1.6 Final Decision

If no appeals are made by the end of the 20 day appeal period, the decision is final and binding.

2.2 Processing Times

1. Notice of Complete Application and Public Notice

a. Time Frame: within 1 week of receiving a complete application

2. Approval by the Committee of Adjustment

a. Time Frame: within 30 days of receiving the application

3. Notice of Decision

a. Time Frame: within 10 days of the Committee’s decision

4. Final Decision

a. Time Frame: 21 days after the decision is made The total processing time, from the submission of a complete application to the decision becoming final is approximately 6 – 10 weeks, assuming no appeal to the Local Planning Appeals Tribunal (LPAT).

3.0 Fees

3.1 Application Fees

• Minor Variance / Permission $700.00/application*

• South Nation Conservation(If located in the South Nation Watershed) $350.00/application

* A 10% discount is applied if it is concurrent with another application (i.e. consent)

Need more information or have any questions?

Contact: Infrastructure and Planning Department,

City of Clarence-Rockland 1560 Laurier Street

Rockland, Ontario

K4K 1P7

Telephone: 613-446-6022

Fax: 613-446-1497

www.clarence-rockland.com

Planning and Forestry Department,

United Counties of Prescott and Russell

59 Court Street, P.O. Box 304

L'Original, Ontario

K0B 1K0

Telephone: (613) 675-4661

Fax: 1-800-667-6307 ext. 7101

Email: urbanisme@prescott-russell.on.ca

www.prescott-russell.on.ca

South Nation Conservation

38 Victoria Street, P.O. Box 29

Finch, Ontario K0C 1K0

Telephone: 613-984-2948,

Toll free: 1-877-984-2948

Fax: 613-984-2872

Email: info@nation.on.ca  www.nation.on.ca

 

Appeal of a decision of the Committee

Any decision of the Committee of Adjustment may be appealed to the Local Planning Appeal Tribunal (LPAT) for a fee. The appeal must be filed within 20 days of the decision and must include reasons and payment of costs payable to the Ontario Minister of Finance.

Only individuals, corporations and public bodies can appeal decisions to the LPAT. An association or group cannot file a notice of appeal. However, a notice of appeal may be filed on behalf of an association or group by a person who is a member of the association or group.

More information about the Local Planning Appeal Tribunal and the appeal process can be found at the Local Planning Appeal Tribunal website.