Committee of Adjustment

A minor variance is a minor deviation or change from the provisions of the Zoning Bylaw. A variance can apply to land requirements such as lot area and lot frontage, building or structure requirements such as height and setbacks or the use of land.

A minor variance may be granted if, in the opinion of the Committee of Adjustment, the request meets the four tests under Section 45 of the Planning Act. These tests are:

1. Is the request minor in nature?
2. Is the request desirable for the appropriate development or use of the land, building or structure?
3. Does the request meet the general intent and purpose of the Official Plan?
4. Does the request meet the general intent and purpose of the Zoning Bylaw?

Information regarding the minor variance process can be found in the Minor Variance Brochure.

A legal non-conforming use is when the use of land is not permitted by the current Zoning Bylaw, but was permitted by a previous bylaw. The legal non-conforming use must be continuously used for that purpose.

Permission is required to change a legal non-conforming use to a use that is similar or more compatible with the uses permitted in the zone. Permission may be granted for the change of a legal non-conforming use if, in the opinion of the Committee of Adjustment, the request meets the tests under the Planning Act. These tests are:

1. Is it a legal non-conforming use?
2. Is it another use or purpose previously permitted by the Committee?
3. Has the use continued to the date of application?
4. Is the proposed use similar to the purpose for which it was used on the day the prohibiting bylaw was passed? Or is the proposed use more compatible with the uses permitted by the prohibiting bylaw than the purpose for which it was used on the day the prohibiting bylaw was passed?

A legal non-conforming building or structure is when a building or structure does not meet one or more zoning provisions under the current Zoning Bylaw, but met the zoning provisions under a previous bylaw. The legal non-conforming building or structure must be continuously used for that purpose.

Permission is required to enlarge or extend an existing legal non-conforming building or structure.

Permission may be granted for the enlargement or extension of a legal non-conforming building or structure if, in the opinion of the Committee of Adjustment, the request meets the tests under the Planning Act. These tests are:

1. Is it a legal non-conforming use?
2. Is it another use or purpose previously permitted by the Committee?
3. Has the use continued to the date of application?
4. Is the enlargement or extension beyond the limits of the land owned and used in connection therewith on the day the bylaw was passed?

The process for obtaining permission is similar to the minor variance process and uses the same application form.

A consent is the authorization to create new lots (land severance), right-of-ways and easements, add to an existing lot, change lot boundaries or enter into a lease in excess of 21 years.

Lot creation in the Agricultural Area is discouraged and may only be permitted in certain circumstances such as a surplus farm dwelling, agricultural uses and minor lot adjustments. Limited residential development is permitted in the Rural Area and Lakeshore Residential Area subject to a number of criteria. Lot creation for residential development is encouraged within the Township's eight Hamlets through a severance application or plan of subdivision applications, subject to a number of criteria.

Information regarding the consent process can be found in the Consent Brochure.

If you would like more information regarding a severance for your property please contact the Planner.

A certificate of validation is used to validate or correct a prior registered document such as a transfer of land or mortgage that breached the Planning Act as the required approvals under the Planning Act were not received. Validation of title is not used to create new lots.

An example of when a validation of title may be used is where the owner of a property conveyed a portion of a property, while retaining an interest in the abutting property without getting the required approvals under the Planning Act.

A validation certificate may also be used to validate a mortgage where the required approvals under the Planning Act were not received. Anyone that has sufficient interest in the property, such as the owner, mortgagee or estate, can apply for a validation of title.

If you would like more information regarding a validation of title application please contact the Planner.

• Pre-consultation Meeting Request Form
• Minor Variance Application
• Consent Application
• Surplus Farm Dwelling Supplemental Information Sheet
• Validation of Title Application

• Township Application Fees
• Niagara Region Development Review Fees
• Niagara Peninsula Conservation Authority (NPCA) Review Fees

• Committee of Adjustment Public Hearing Brochure
• Citizen's Guide to Land Use Planning: Zoning Bylaws & Minor Variances
• Citizen's Guide to Land Use Planning: Land Severances

Committee of Adjustment Members (2022-2026 Term)

• Garry Balicki
• Diane Chase
• Mark Feduck
• Rico Leone
• Sharon McMillan

 Notices from prior years can be viewed in the calendar. For additional archives, you can contact us.