Committee of Adjustment

A by-law to appoint a Committee of Adjustment and to govern the proceedings of the Committee of Adjustment of the City of Clarence-Rockland.

Whereas the Council of the Corporation of the City of Clarence-Rockland has deemed it expedient to appoint a Committee of Adjustment, as provided for in Section 44(1) of the Planning Act, R.S.O. 1990, c. P. 13, as amended; and

Whereas Section 44(3) of the Planning Act, R.S.O. 1990, c. P. 13, as amended states that the members of the committee who are not members of a municipal council shall hold office for the term of the council that appointed them and the members of the committee who are members of a municipal council shall be appointed annually ; and

Whereas the Council of the Corporation of the City of Clarence-Rockland deems it advisable and expedient to establish a Committee of Adjustment; and

Whereas Section 238(2) of the Municipal Act, 2001, S.O. 2001, c.25 (the “Municipal Act”), as amended, requires every municipality and local board to adopt a procedure by-law for governing the calling, place, proceedings and public notice of hearings; and

Whereas the Council of the Corporation of the City of Clarence-Rockland now deems it advisable to enact a by-law to govern the proceedings of the City of Clarence-Rockland’s Committee of Adjustment, the conduct of its Members and the calling of Meetings, and to provide for procedures and statutory requirements in accordance with the Municipal Act, S.O. 2001, c.25, as amended and the Planning Act, R.S.O. 1990, c.P. 13, as amended,

Therefore the Council of the Corporation of the City of Clarence-Rockland enacts as follows:

Authority

1.1.The Committee of Adjustment for the Corporation of the City of Clarence-Rockland shall have statutory duties listed under Sections 44 and 45 of the Planning Act, R.S.O. 1990 c.P. 13, as amended

Definitions

In this by-law:

2.1     Acting Chair means the Acting Chair appointed by the Members of the Committee of Adjustment.

2.2     Acting Secretary-Treasurer means the Acting Secretary-Treasurer of the Committee of Adjustment who is responsible for the duties of the Secretary-Treasurer in the absence of the Secretary-Treasurer.

2.3     Applicant means the person listed as the applicant on the application form, his/her authorized agent, or another individual whom they or the property owner has authorized to represent him/her to the Committee.

2.4     Chair means the Chair of the Committee of Adjustment appointed by the Members of the Committee of Adjustment.

2.5     Committee means a group of individuals appointed by Council to the City of Clarence-Rockland Committee of Adjustment.

2.6     Electronic Hearing means a hearing held by teleconference, audioconference, videoconference or some other form of electronic technology allowing the Committee, the Applicant or their representative, and every other person who desires to be heard in favour or against the application to hear or hear and see one another or their representatives throughout the hearing;

2.7     Hearing or Meeting means a gathering of the members of the Committee where quorum is achieved pursuant to its jurisdiction under the Planning Act;

2.8     Member means an individual appointed by Council to the Committee of Adjustment.

2.9     Planning Act means the Planning Act, R.S.O. 1990, c. P. 13;

2.10  Secretary-Treasurer means an employee of The Corporation of the City of Clarence-Rockland appointed by the Committee of Adjustment.

2.11  Vice Chair means the Vice Chair of the Committee of Adjustment who is appointed by members of the Committee to sit in place of the Chair during the absence of the Chair.

Application

3.1       The procedure contained in this By-law shall be observed in all proceedings of the Committee of Adjustment and shall be the procedures for the order and dispatch of business conducted by the Committee of Adjustment.

3.2       In the event of conflict between this by-law and the Planning Act, R.S.O. 1990, c.P.13, as amended, the Planning Act, R.S.O. 1990, c.P.13 as amended prevails.

Role of the Committee of Adjustment

4.1    The Committee of Adjustment is a quasi-judicial body, operating independently from Council, established under the Planning Act, R.S.O. 1990, c.P.13, as amended, to make decisions on minor variances, enlargements to legal non-conforming uses and new “contested” lot creations, as established under the Act.

Calling of Hearings

5.1 All hearings of the Committee of Adjustment shall be called by the Chair or the Secretary-Treasurer of the Committee of Adjustment and notice of any hearings shall be given in a manner that the Committee of Adjustment deems appropriate in accordance with the Planning Act, R.S.O. 1990, c.P. 13, as amended; and in accordance with applicable regulations.

5.2 Meeting dates shall be posted on the City of Clarence-Rockland’s website.

5.3 In consultation with the Chair, the Secretary-Treasurer may cancel or reschedule a meeting. Notice is to be provided of the cancellation to all Committee members and notice is to be posted on the City’s website.

5.4 Any reference to a hearing within these Rules of Procedure may also include an electronic hearing.

5.5 Each hearing shall be held in the Council Chambers or virtually or as otherwise directed by Council or the Secretary-Treasurer.

5.6 The schedule of hearings for the upcoming year must be approved by the Committee by the end of the preceding year.

Appointment, Attendance and Quorum

6.1. The eligibility and general qualification of a member shall follow the Committee Appointments and Terms of References City Policy.

6.2. Members will be appointed for a period of 4 years, following the Municipal Council term, however Council members will be appointed annually.

6.3. The members will continue to serve until any of the following scenarios occur:

 i. The Term expires;

 ii. The appointment is revoked by Council following a recommendation by the Committee and/or the concerned department or because the member is absent for three consecutive meetings without being justified;

iii. The member resigns;

iv. The eligibility requirements are no longer being met;

v.  The Board or Committee to which appointment was made is dissolved by Council.

6.4. Notwithstanding section 6.2 i., a member will continue to serve beyond his/her term, until the appointment of a successor

6.5. The appropriate staff will provide new members with an orientation package prior to the first meeting, which will generally include:

i. Previous meeting minutes;

ii. Committee of Adjustment Procedural By-law

iii. Committee Appointments and Terms of References Policy

6.6. Committee members will be required to attend a training workshop and will be invited to attend yearly OACA conferences and training.

6.7. The Committee of Adjustment shall consist of seven members which may include a maximum of four members of Council.

6.8. The Chair and Vice Chair of the Committee shall be elected by the Committee members, from among those appointed by Council By-law.

6.9. Council shall appoint a staff member to act as Secretary-Treasurer to serve the Committee of Adjustment and shall further support the Secretary-Treasurer delegating the authority to appoint an Acting Secretary-Treasurer if deemed necessary by the Secretary-Treasurer.

6.10. Where a Committee is composed of three members, two members shall constitute quorum and where a Committee is composed of more that three members, three members shall be deemed to constitute a quorum.

6.11.As soon as there is quorum after the time appointed for the start of the hearing, the Chair of the Committee of Adjustment shall call the hearing to order.

6.12.  If no quorum is present fifteen (15) minutes after the time appointed for a hearing of the Committee, the Secretary-Treasurer shall record the names of the members present and the meeting will stand adjourned until the next appointed time.

6.13. If, during the course of a Meeting, quorum is lost, then the Chair may declare that the Meeting stands adjourned, to reconvene at such time and place as the Chair shall then determine, or cancel the balance of the Meeting if, in his opinion, it is not essential to deal with the balance of the agenda before the next Meeting.

Chair

7.1. The Chair shall be counted in determining a quorum and shall be entitled to all the rights of a member on the Committee, including voting.

7.2. When the Chair is absent, the Vice Chair will sit in the Chair’s place for the meeting or portion thereof.

7.3. When the Chair or Vice Chair are both absent, the Secretary-Treasurer shall call for the election of an Acting Chair for the meeting.

7.4. An Acting Chair shall be appointed for each meeting or portion thereof in the Chair’s and Vice Chair’s absence.

Duties/Rules of Conduct of Members

8.1. Duties of the Members:

i. To prepare for meetings, including reviewing the agenda and background information prior to the meeting;

ii. To deliberate on the business submitted to the Committee;

iii. To vote when a motion is put to a vote;

iv. To abide by the Committee’s decision once a decision is made;

v. To respect the Rules of Procedure;

8.2.  No member shall:

i. Speak until he/she has addressed himself/herself and has been recognized by the Chair;

ii. Disturb another member, or the Committee itself, by any disorderly behaviour disconcerting to any member speaking;

iii. Use offensive words during the Committee meeting against the Committee or staff;

iv. Speak on any subject other that the subject in debate;

v. Disobey the rules of the Committee or a decision of the Chair, on questions of order or practice or upon the interpretation of the rules of procedure of the Meeting.

vi. Not leave their seat or make noise or disturbance while a vote is being taken or until the vote is declared.

8.3. Where a member has been called to order by the Chair for failing to observe provisions of subsection 6.1 and the member persists in any such disobedience after having been called to order by the Chair, the Chair may immediately order the member to leave the meeting for improper conduct, and if the member apologizes, the Chair may permit the member to retake his/her seat.

Notice

9.1. The notice of an application to be considered at a meeting shall be given in a manner that the Committee of Adjustment deems is appropriate, in accordance with the provisions of the Planning Act, and any regulations passed thereunder.

9.2. The Committee shall hold a public hearing on every application before a decision is made on the application.

Agenda

10.1. The Secretary-Treasurer, or their designate shall prepare and make available to the Committee a minimum of three days prior to the appointed day for holding a Hearing, an agenda for the Committee of Adjustment meeting.

Order of Proceedings

11.1.  Agendas shall be generally formatted as follows but modifications to the matters to be included or the order of business may be made without requiring an amendment to this by-law:

 i. Call to order

As soon as there is quorum after the hour set for the meeting, the Chair shall call the members to order.

ii. Adoption of the agenda

Amendment and/or additions to the proposed agenda may be permitted by the majority approval of the members present.

iii. Disclosure of Conflicts of Interest

It is at this point that any member of the Committee may disclose conflict of interest dealing with any item on the agenda or with a matter discussed at a previous meeting from which a member was absent.

iv. Approval of Previous Minutes

v. Hearings re: Consents

Every report shall be introduced with a resolution to adopt, defer or refuse the recommendations as presented

vi. Hearings re: Minor Variances

Every report shall be introduced with a resolution to adopt, defer or refuse the recommendations as presented.

vii. Hearings re: Previously Deferred Matters

Every report that was deferred at a previous meeting will be brought back with a resolution to adopt or refuse.

viii.Other Business

ix. Adjournment

11.2. Introduction of Applications

 i. The Chair shall announce each application in the order in which it appears on the agenda, or at the Committee’s discretion

ii. If the application is uncontested and the committee does not require a presentation, the Chair will ask the Applicant if they wish to address the committee. The Applicant may then proceed with their presentation, if they wish.

 iii. The Applicant will speak first and will be provided with a maximum ten minute time period to present the nature of the application to the Committee. Any presentations beyond the time period shall be at the discretion of the Chair and Committee.

iv. When the Applicant is not represented, the Planning Staff may present the application.

v.  The Committee may ask questions of the applicant at this time, during or after the presentation.

vi. At any time, the Chair or Committee may ask the Secretary-Treasurer to:

1. Read aloud all comments received from agencies who responded to the circulation of the notice of the application;
2. Read aloud any letters received from persons expressing an interest in the application and;
3. At the direction of the Chair, summarize the nature of the interest being expressed.

11.2.7   With respect to applications for Consent, the Chair may ask the Secretary-Treasurer to read aloud the proposed draft conditions to be attached to the decision should the Committee approve the application. The Committee may delete from, add to or revise the proposed draft conditions.

11.3  Public input and delegations

11.3.1  All delegations must address the Committee and an effort will be made to allow no more than two delegations at any one meeting.

11.3.2  Anyone desiring to address the Committee shall complete and submit to the Secretary-Treasurer, a delegation form accompanied with all supporting documentation at least one day prior to the Committee meeting.

11.3.3 The Chair will then call each request for delegation one by one.

11.3.4 An interested person shall confine his/her remarks to the subject application.

11.3.5 Any other public input after the Applicant’s Reply shall be at the discretion of the Hearing chair & Committee.

11.4 Applicant’s reply

11.4.1 Following the public input stage, the Committee shall give the Applicant the opportunity to respond to any comments received from commenting agencies or interested parties; and to provide a summary of the substance of the application.

11.4.2 The Chair and Committee may ask additional questions at this time.

11.4.3 Following the Applicant’s reply on applications for Minor Variance and Consents, the Committee shall consider the issues raised by the applicant, agent and any respondents and the evidence heard by the Committee. The Chair shall ask whether the members wish to conduct further discussions on the merits of the application.

Voting

12.1.  When a motion on an application under consideration by the Committee is lost, a subsequent motion to take an alternate action on the application shall be the next order of business. Decisions on applications shall be for approval, refusal or deferral only.

12.2.  No vote shall be taken during a meeting of the Committee by secret ballot or other form of secret vote.

12.3.  After any motion is put by the Chair, no member shall speak to the motion, nor shall any other motion be made until after the result is declared, and the decision of the Chair as to whether the motion has been put, is conclusive.

12.4.  Every member present at a meeting of the Committee, when a motion is put, shall vote.

12.5.  Any member may abstain from voting, but the vote shall be recorded as a negative vote.

12.6.  Unrecorded vote

i. The manner of determining the decision of the Committee on a motion is at the discretion of the Chair and may be by voice, show of hands, standing or otherwise.

12.7.  Recorded vote

 i. Any member, prior to or immediately subsequent to the taking of the vote, may require that the vote be recorded.

 ii. When a member on any matter or motion requests a recorded vote, the Chair shall ask each member to announce his/her vote openly to be recorded in the minutes, starting with the member who has requested the recorded vote, with the Chair voting last.

iii. If a vote is to be recorded as herein provided, the Mayor shall announce the result, and the Secretary-Treasurer shall record them in the minutes.

12.8.  Disputing vote

i. If a Member disagrees with the announcement of the Chair that a motion is carried or lost, the member may, but only immediately after the declaration of the Chair, object to the Chair’s decision and require a recorded vote to be taken.

12.9.  Tie vote

 i. A resolution on which the voting results are a tie shall be declared lost.

13. Decisions of the Committee of Adjustment

13.1.Decisions of the Committee must be based on the information presented to the Committee at the Hearing, therefore members should be present to hear all of the information given during the Hearing process.

13.2. Members should not discuss any application prior to the Hearing and any member who has publicly voiced an opinion regarding the development of the lands or its owners shall disqualify himself or herself from the Hearing and leave the meeting room

13.3. City Planners shall present its recommendation on the application.

13.4. Once a resolution on an application is read by the Chair, only members of the Committee (including the Chair) or the Secretary-Treasurer and Planning Staff can speak on the matter, unless otherwise permitted by the Committee

13.5. No decision of the Committee on an application is valid unless it is concurred in by the majority of the members of the Committee that heard the application. In addition, the decision of the Committee shall:

i. Be in writing, whether granting or refusing an application;

ii. Set out reasons for the decision (minor variance only);

iii. Contain a brief explanation of the effect, in any, that the written and oral submissions relating to the application made to the committee before its decisions or at the hearing, had on the decision; and

iv. Be signed by the members who concur in the decision (minor variance only).

v. A copy of the Committee’s written decision will be prepared and issued in accordance with the provisions of the Planning Act.

vi. A copy of the Committee’s written decision shall be sent to any person that submitted a written request indicating that they wish to receive a copy of the written decision of the Committee and any further correspondence with respect to the Application pursuant to the provisions of the Planning Act.

Pecuniary Interest

14.1.  At all times and under all circumstances, members shall be guided by and shall have regard to the Municipal Conflict of Interest Act.

14.2.  If a member has any pecuniary interest, direct or indirect, in any matter in which the Committee is concerned and if he/she is present at a meeting at which the said matter is the subject of consideration, then he/she shall:

i. Disclose his/her interest and is required to file a written statement of the interest at the meeting or as soon as possible afterwards;

ii. Leave his/her seat and is required to leave the Chambers/Meeting room;

iii. Not take part in the consideration or discussion of the said matter;

iv. Not vote on any motion in regard to the said matter;

v.  Not attempt in any way before, during and/or after the meeting to influence the voting on any such motion.

14.3.  The Secretary-Treasurer shall record the particulars of any disclosure of pecuniary interest made by members of the Committee, as the case may be, and any such record shall appear in the minutes of that particular meeting.

14.4.  The Secretary-Treasurer shall establish and maintain a registry of statements and declarations of interests of members, and make it available for public inspection.

14.5.  The failure of one or more members to comply with Section 14 hereof shall not affect the validity of the meeting in regards to the said matter.

Adjournment of a hearing – further notice

15.1.  When a Hearing has been adjourned, any individual expressing an interest in the application shall be able to leave their name and address with the Secretary-Treasurer, and/or may submit a written request, should they wish to receive further Notice of the date of resuming the Hearing. The Notice may be given orally at the Hearing before it is adjourned to those persons present or may be by telephone or by electronic mail, if available.

Request for deferral or withdrawal

16.1.  A request for adjournment/deferral of a matter on the scheduled hearing date by the Applicant must be made at the hearing. If granted, the Committee will set a new hearing date for the application at the hearing and indicate any other requirements or conditions of the adjournment/deferral, such as re-notification or amendment, at that time.

16.2.  If a request for withdrawal/defferal of an application is made in writing prior to the commencement of the hearing, the Secretary-Treasurer shall make a record that the application has been withdrawn/deferred and shall immediately give notice to all property owners within 60 m of the subject lands that the application has been withdrawn/deffered. Where the Secretary-Treasurer has made a record that an application has been withdrawn, the Committee shall take no further action in respect of that application.

Minutes

17.1.  Minutes shall be kept by the Secretary-Treasurer and shall record, in both official languages (English and French), with the English version being considered the official version, the following:

 i. The place, date and time of the meeting;

 ii. The names of the presiding Chair, Members and staff in attendance

iii. The late arrivals and early departures of members;

iv. The readings, if requested, correction and adoption of the minutes of prior meetings;

v.  Declaration of conflict of interest

vi. All the resolutions, decisions, and other proceedings of the meeting without note or comment except the reasons for decisions.

vii. A brief summation of all submissions made at the Hearing.

17.2.  Once adopted, the minutes shall be signed by the Chair and the Secretarty-Treasurer.

Remuneration

18.1.  The members can be reimbursed for their traveling expenses during duties as a member of the committee upon presentation of authorized statements of expenses.

18.2.  The committee members, except members of Council, are remunerated for their duties as follows:

i. Chair:60$/application

ii. Members:50$/application

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

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

Repeal

19.1.  By-law – previous

i. By-law 2011-33 is hereby repealed.

1. Effective Date

20.1 This By-law shall come into force and effect on September 7, 2022

Read and passed in open council, this 7th day of September 2022.

Mario Zanth, Mayor

Monique Ouellet, Clerk

1. Introduction

Municipalities in the Province of Ontario establish standards to achieve orderly and safe development within their communities that are set out in Zoning By-laws. A Zoning By-law governs the types of uses permitted on a property and includes (but is not limited to) minimum development requirements such as setbacks, lot coverage, building height, gross floor area etc. The Minor Variance application process is a means to seek relief through the Committee of Adjustment when a building or structure cannot conform exactly to the requirements of the Zoning By-law. This process may also be used to rectify an existing non-compliant situation. 

2. Minor Variance Approval Process

Step 1: Pre-Application Consultation

Pre-Application Consultation is a separate application process where staff review your proposal, identify areas of non-compliance, determine the appropriate Planning Act application, and identify materials, studies, etc., required to form a complete application.

1. Objective: Identify zoning deficiencies, determine if a Minor Variance is appropriate, and outline submission requirements.
2. Timeline: Typically scheduled within 1-2 weeks of request.
3. Outcome: Staff will list the required documents and studies.

Step 2: Submission of Complete Application

Complete the application form and provide additional information staff identified as being required through your Pre-Application Consultation (if applicable). The application will then be reviewed by the Secretary Treasurer to ensure that the application is complete, and all the required information was provided. 

1. Requirements: Application form, fees, planning rationale or presentation letter, deed, site plan and other documents or studies as identified in the pre-Application Consultation

2. Timeline: Application is reviewed for completeness within 5 business days.

   Step 3: Public Notice and Circulation

According to the Planning Act a public meeting must be held. Staff will issue a notice of your application to surrounding property owners and a sign will be posted on your property. If notice by mail cannot be completed (i.e. postal strike), the notice will be posted in the local newspaper.

1. Notice Requirements:  

   1. Mailed to property owners within 60 metres and local agencies, and 
   2. Posted on-site by the City’s contractor (and removed by   them after the meeting). 
   3. or posted in the local newspaper 

    

2. Timeline: Notice must be given at least 10 days before the public meeting. 

Step 4: Public Meeting

The public meeting will be online via Zoom, for which a link to attend will be provided to you. You, or your consultant, will be responsible to provide an overview of your application or a presentation to the Committee. The president of the Committee will then open the floor for questions from the members of the Committee. Afterwards, any person having an interest in your application will be given the opportunity to make their views known. The Committee will make a decision to approve, deny or defer the application which may include conditions.

1. Format: Held by the Committee of Adjustment virtually via Zoom; applicant will present his file.
2. Purpose: To gather public input and allow the Committee to ask questions. 
3. Options: Approve, modify, defer or refuse the application. 
4. Timeline: Typically held within 30 days after application is deemed complete. 

Step 5: Notice of Decision and Appeal period

Staff will issue a notice of decision within 10 days of the decision. The Planning Act provides for a 20-day appeal period following the decision of the Committee. An appeal may be filed to the Ontario Land Tribunal (OLT) by the applicant, a specified person or a public body against the decision during this period. If no appeal is filed by the end of the 20-day appeal period, the decision is final and binding. 

1. Notice of Decision: Issued within 10 days of the hearing/decision.
2. Appeal Period: 20 days from the date of decision issuance.
3. Appeal Body: Ontario Land Tribunal.

Step 6: Clearance of Conditions

Once the appeal period ends you should begin fulfilling all conditions (if any) attached to the decision. Once you have provided the City with the documentation to satisfy all conditions, the Planner will confirm accuracy and advise on next steps (i.e. obtaining a building permit).

1. If no appeal: Decision becomes final and binding.
2. Applicant: Must fulfill any conditions imposed by the Committee.
3. Timeline: Varies depending on conditions.

Step 7: Finalization

1. If no appeals are filed, the by-law amendment comes into effect. 

   1. If appealed, the matter proceeds to a hearing before the OLT. 

    

2. Minor Variance Tests

The powers of a committee of adjustment are set out in subsections 45(1) and 45(2) of the Planning Act which are to: grant a minor variance from the provisions of a by-law; permit the enlargement or extension of a legal non-conforming use; or permit the use of any land, building or structure which, in the opinion of the committee, conforms with the uses in the by-law. 

An application for a minor variance from the provisions of the by-law is subject to a fourfold test which requires consideration of whether: 

1. The general intent and purpose of the County and City’s Official Plans are maintained.

2) The general intent and purpose of the City’s Zoning By-law is maintained.

3) The application is appropriate for the development of the land and/or building.

4) The variance is minor in nature.

The Committee must consider whether all four requirements under subsection 45(1) have been met. 

For applications to extend a legal non-conforming use under subsection 45(2), the consideration is to be based upon the following tests:

1. whether the application is desirable for appropriate development of the subject property; and,

2. whether the application will result in undue adverse impacts on the surrounding properties and neighbourhood.

There is no basis for distinguishing at law between nonconforming land, buildings or structures (where the use is no longer permitted) and noncomplying land, buildings or structures (where the performance standards are no longer met). Both are equally protected under subsection 34(9) of the Planning Act and the common law. Note that it is the applicant’s responsibility to prove that the building/structure subject to the application was established legally. 

4. What if the Committee of Adjustment denies my minor variance application?

In accordance with Section 45 of the Planning Act, you can appeal the decision and/or conditions to the Ontario Land Tribunal (OLT). The last day for filing an appeal will be identified on the Notice of Decision. A “Notice of Appeal” setting out in writing the supporting reasons for the appeal should be received on or before the last date for “Appeal” accompanied by a completed Ontario Land Tribunal Appellant Form, and by the fee charged under the Ontario Land Tribunal Act, 2021, payable by certified cheque to the Minister of Finance, Province of Ontario. Please refer to the Tribunal’s website for an appellant form, fee, and more information on filing an appeal: https://olt.gov.on.ca/.

5. Additional Information:

• The Committee of Adjustment schedules a meeting only when a file is submitted. 

• The application fee is non-refundable. Refer to the User Fee By-law https://www.clarence-rockland.com/en/hotel-de-ville/by-laws-and-policies.aspx#User-fees-2024-118

• You may wish to notify your neighbours of your application well in advance of the hearing and you may request that they submit a letter of support for Committee to consider. 

• It is beneficial (especially during periods of hazardous access conditions) to provide staff with site photos in case staff or Committee members are unable to conduct a site visit. 

• Without disturbing the area, you may wish to identify where the proposed building or structure will be located on the property using markers, stakes, or a chalk line. 

• Please note that if you are present while Committee members are conducting their individual site visits, they will not be able to give advice or discuss the potential outcome of your application.

• Notice sign(s) will be installed by the City’s contractor and removed by them. The signs cannot be moved or removed by you.  

6. Process summary

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 Ontario Land Tribunal (OLT).

The City of Clarence-Rockland is conducting its Committee of Adjustment meetings virtually through Zoom.

How to watch a meeting

If you intend to listen and follow the meeting you must complete this request form and a link to the Zoom meeting will be sent to you or call the Community Development Department at (613) 446-6022, ext: 2285. Requests must be submitted no later than 4:30 p.m. two days prior to the meeting date. Please note that you will not be allowed to speak at the meeting if this option is chosen.

How to provide comments to the Committee

1- Submit comments in writing

1. Sending an email with your comments. Written submissions must be emailed to zoning_zonage@clarence-rockland.com no later than 4:30 pm two days prior to the meeting date.
2. Submitting comments in the dropbox located outside the door at City Hall, 1560 Laurier Street in Rockland. The letter must be addressed to the Community Development Department and must be submitted the Friday before the meeting date.
3. Submitting comments via regular mail. The letter must be sent to 1560 Laurier Street, Rockland, ON, K4K 1P7, to the attention of the Community Development Department and must be received the Friday before the meeting date.

2- Participating in public virtual meeting by telephone or computer/smartphone/tablet via Zoom. 

If you intend to make a presentation or make oral comments at the meeting you must complete a delegation request form or or call the Community Development Department at (613) 446-6022, ext: 2285. Requests must be submitted no later than 4:30 p.m. two days prior to the meeting date.

Once we receive your delegation request, we will confirm your attendance and provide you with the instructions for participating in the public meeting.

Information you choose to disclose in your correspondence will be used to receive your views on the relevant issue(s) to enable the Committee to make its decision on this matter. This information will become part of the public record.

If you do not participate in the public Zoom meeting or express your views in writing, the Committee may make a recommendation in your absence and may recommend changes to the proposal.

Meeting procedures

• The applicant/agent will speak first and will have 10 minutes to make their presentation.
• Registered participants will be invited to speak after the applicant’s initial presentation. Each speaker will be given five minutes and one opportunity to address the committee, so please focus your comments as follows:
  • Clearly state your name and address.
  • Explain how the requested amendment or draft plan of subdivision being requested will impact the enjoyment of your property and neighborhood (positively or negatively).
  • Ask clear, direct questions.

The decision

• Once all the comments are received, the Chair will bring the matter “into committee” and no further comments will be permitted, unless the
  • Chair or a Committee member asks a question
  • The Chair and Members will announce their recommendation at the meeting.
  • The Committee may defer an application but only if circumstances warrant such action.
  • To receive a copy of the Decision, please make a request to the Community Development Department at zoning_zonage@clarence-rockland.com or by calling at (613) 446-6022, ext: 2285 by providing the following: your name, your address, email address, date of meeting, file number and address of the subject property.

Individuals are also encouraged to speak to Planning staff or to submit written correspondence if you have questions or concerns that you wish to share.