Committee of Adjustment

What is Municipal Consent and Minor Variance?

• Municipal Consent is required when/to: severing land for the purpose of creating a new lot, discharge a mortgage, lease land/structure in excess of 21 years, register easements and rights-of-way in excess of 21 years, convey a portion of a lot for the purpose of a lot addition to abutting lands.
• A Minor Variance is when you ask for a small change to the zoning rules. If approved, it allows you to get a building permit even if your property does not exactly match the regulations in the Zoning Bylaw.
• Note: There are four (4) tests for a Minor Variance under the Planning Act: Is the application minor? Is the application desirable for the appropriate development of the lands in question? Does the application conform to the general intent of the Zoning Bylaw? Does the application conform to the general intent of the Official Plan?
• An application must pass all four tests to be considered a minor variance.

Step 1 - Pre-Application Consultation Request

• If you are pursuing development that will require the following types of Planning Act application: Municipal Consent or Minor Variance a pre-application consultation is required.
• Applicant to complete the compulsory Pre-Application Consultation form using the Online Portal. To use this service the applicant will need to create a Portal account or sign into an existing account, select the application type and await instructions to pay the consultation fee. In order to serve you better, we’d like to do a cursory review of your submission before asking you to pay to ensure you are starting in the right place. We will send you a notification to make payment once that has been determined. Your payment will then trigger the application to move forward on our end.
• This consultation component is compulsory.
• Your submission should clearly outline for staff what the proposal will entail such as new uses, building modifications, lot creation, lot line adjustments (including lot additions), easements, title validation, or mortgage approvals and include supporting documentation. All submissions must include a digital (pdf) copy of the plans and any/all concept plans. If there are questions about your submission you may be asked for additional information.
• Once staff has all information needed they will circulate to internal and external stakeholders for comment. This stage will conclude with a consultation summary including comments. If the opinion at this point is a recommendation to proceed you will also receive a Pre-consultation checklist that will outline items that you will need to include in your formal application in Step 2.
• Note: initiating this step does not authorize the start of any construction or preparatory work on site.

Step 2 - Formal Application and Payment of Fees

• Once you have been notified that the compulsory pre-application consultation has concluded and you have been clearly advised of the required documents to include with your formal proposal you may complete the Formal Application using the Online Portal and pay associated fees.
• Online Portal - Log into your existing account and pick the type of application you wish to complete. Pay associated fee(s).
• When your application is deemed to be complete and payment has been confirmed it will move on to the next step which involves the application going before the Committee of Adjustment for a hearing and decision.
• We will send you a notification my email of your meeting details. The Committee meets twice monthly. There are regulatory requirements for meeting notice so that will impact the earliest opportunity that the Committee can hear your application.

Step 3 - Circulation of Application and Public Hearing

• Notification - the Committee will publish notice of the hearing pertaining to your application including those who have specifically requested notice of the hearing as well as all persons located within 40 metres of the subject lands.
• Inspection - in-person inspection of the property may occur prior to the hearing.
• Hearing (Public Meeting) - the applicant/agent will be permitted to present and discuss the application. Other interested parties will be called upon for comment. A rebuttal period may also be offered before a decision is rendered.
• Decision - decisions will be made by motion and majority vote and include any conditions imposed. The decision will for formalized in writing and sent to the applicant/agent and any other party/person who requested a written copy no later than 10 days after the rendering of the decision.
• The applicant can take no further action until the appeal period has passed. The decision notification will highlight this and any relevant key dates.
• Note: The Committee also possesses the authority to defer an application or reserve its decision.

Step 4 - Contact Us

• Depending on the type of application (municipal consent and/or minor variance) and the hearing outcome you will receive final written instructions.
• If you require additional information pertaining to those instructions or at any point during this process please contact our office at:

Planning Department
Committee of Adjustment
350 City Hall Square West,
Suite 320
Windsor, Ontario
Canada
N9A 6S1

Phone

• For general information, call 311.
• For detailed inquiries, call 519-255-6543 Fax: 519-255-6544

Email

COAdjustment@citywindsor.ca