Close Alert Banner
Skip to Content

Township of Wainfleet Logo

  • View our Living Here pageLiving Here
    • Animal Services
    • Building and Renovating
    • Businesses and Organizations
    • Cemeteries
    • Community Calendar
    • Drainage
    • Education
    • Emergency Services
    • Garbage and Recycling
    • Health Care
    • Internet Services
    • Library
    • Parking
    • Property Taxes
    • Roads
    • Rural Living
    • Seniors
    • Septic Systems
    • Significant Weather Events
    • View More...
    View our Beaches page
    Beaches
  • View our Recreation and Culture pageRecreation and Culture
    • Airport
    • Arena and Skating
    • Beaches
    • Businesses and Organizations
    • Community Calendar
    • Facility Rentals
    • Festivals and Events
    • History
    • Library
    • Parks and Trails
    • Photo Gallery
    • Recreation
    • Visiting Wainfleet
  • View our Build and Invest PageBuild and Invest
    • Agriculture
    • Building Activity Reports
    • Building and Renovating
    • Businesses and Organizations
    • Community Profile
    • Economic Development
    • Planning Services
    • Property Taxes
    • Tenders and RFPs
  • View our Town Hall pageTown Hall
    • A-Z Services
    • Accessibility
    • Applications, Licences and Permits
    • Budget and Financial Reports
    • By-laws
    • Careers
    • Commissioner of Oaths
    • Committees
    • Contact Us
    • Council
    • COVID-19
    • Freedom of Information
    • Maps
    • Municipal Elections
    • News and Notices
    • Plans, Reports and Studies
    • Report an Issue
    • Tax Sales
    • Tenders and RFPs
    • View More...

I Want To...

View our Apply or Register Page text

Apply or Register

Address ChangeTenders and RFPsBuilding PermitsRecreationRoad PermitsSeptic SystemsVolunteer Firefighter
View our Pay Page text

Pay

Facility RentalsParkingProperty Taxes
View our Get Involved Page text

Get Involved

CommitteesCommunity Flag RaisingsCouncil MeetingsMake a SuggestionPublic NoticesReport an IssueSpeaking Before Council

Contact Us

Contact Us
HomeTown HallCommitteesCommittee of Adjustment
  • Open new window to share this page via Facebook Facebook
  • Open new window to share this page via Twitter Twitter
  • Open new window to share this page via Pinterest Pinterest
  • Open new window to share this page via LinkedIn LinkedIn
  • Email this page Email

Committee of Adjustment

Township of Wainfleet Council has given authority to the Committee of Adjustment to make decisions on minor variances, alterations to legal non-conforming uses and structures, severances, easements and validation of title requests. The Committee of Adjustment is comprised of five citizens and they serve a four year term coinciding with the term of Council.

The Committee of Adjustment meets on the third Wednesday of the month at 4 p.m. in Council Chambers. All hearings are open to the public. Please refer to our 2023 Committee of Adjustment Hearing Schedule. The notices for the scheduled Committee of Adjustment hearings can be found in the table below.

 

Minor Variance

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.

Legal Non-Conforming Uses

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.

Consent (Severance, Lot Addition, Easement)

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.

Validation of Title

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.

Application Forms

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

Application Fees

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

Applicant Resources

  • 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

Committee of Adjustment Members (2022-2026 Term)

  • Garry Balicki
  • Diane Chase
  • Mark Feduck
  • Rico Leone
  • Sharon McMillan
 Committee of Adjustment Notices

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

 

Committee of Adjustment Notices
Notice Description/AddressStatus

B01/2023W - 41715 Mill Race Road

Notice of Decision

Approved

B02/2023W - 11631 Beach Road West

Notice of Decision

Approved

A01/2023W - 50934 Memme Court

Notice of Decision

Denied

A02/2023W - 31806 Marshville Drive

Notice of Decision

Last Day to Appeal:

April 4, 2023

 

 

 

 

 

 

Town Hall
  • Committees
    Toggle Section Committees Menu
    • Age-Friendly Advisory Committee
    • Committee of Adjustment
    • Drainage Advisory Committee
    • Fence-Viewers
    • Property Standards Committee
  • Close full Town Hall menu
    Toggle Section
    • A-Z Services
    • Accessibility
    • Applications, Licences and Permits
      Toggle Section Applications, Licences and Permits Menu
      • Building Permits
      • Claim Application
      • Dog Licences
      • Freedom of Information
      • Grant and Donation Application
      • Open Air Burning
      • Lottery Licences
      • Planning Services
      • Road Permits
      • Septic Systems
      • Speaking Before Council
      • Surplus Fill
    • Budget and Financial Reports
      Toggle Section Budget and Financial Reports Menu
      • Asset Management
    • By-laws
      Toggle Section By-laws Menu
      • By-law Enforcement
      • Common By-laws
    • Careers
      Toggle Section Careers Menu
      • Collective Agreements
      • Volunteer Firefighters
    • Commissioner of Oaths
    • Contact Us
      Toggle Section Contact Us Menu
      • Feedback
    • Council
      Toggle Section Council Menu
      • Agendas and Minutes
      • Code of Conduct
      • Council Information Packages
      • Council Meeting Calendar
        Toggle Section Council Meeting Calendar Menu
        • Closed Meetings
      • Council Updates and Notices
      • Office of the Mayor
      • Proclamations
      • Speaking Before Council
    • COVID-19
    • Freedom of Information
    • Maps
    • Municipal Elections
      Toggle Section Municipal Elections Menu
      • Nominated Candidates
      • Notice of Election
      • Registered Third Party Advertisers
      • Financial Statements
    • News and Notices
    • Plans, Reports and Studies
    • Report an Issue
    • Tax Sales
    • Tenders and RFPs
    • Truth and Reconciliation

Contact Us

Erin Shacklette
Planning Technician
31940 Highway 3, PO Box 40, Wainfleet ON L0S 1V0
T. 905-899-3463 x226
F. 905-899-2340
Email the Planning Technician
Map this location


Subscribe to page updates
A-Z Services:
Township of Wainfleet footer logo

31940 Highway #3
PO Box 40
Wainfleet, ON L0S 1V0

Phone: 905-899-3463
Fax: 905-899-2340

After-Hours Urgent Contact
Region of Niagara Central Dispatch
Phone: 905-984-3690

View our Facebook Page View our Twitter Page View our Instagram Page View our YouTube Page

© 2020 Township of Wainfleet

A-Z ServicesAccessibilityFreedom of InformationTerms of UseSitemapWebsite FeedbackCareersReport an IssueContact Us
Designed by eSolutionsGroup
Close Old Browser Notification
Browser Compatibility Notification
It appears you are trying to access this site using an outdated browser. As a result, parts of the site may not function properly for you. We recommend updating your browser to its most recent version at your earliest convenience.