Committee of Adjustment Process
Committee of Adjustment Process
The Committee of Adjustment is composed of seven members, who are appointed by the Council of the City of Kingston and is guided by the provisions of the Official Plan, including Bylaws 98-1 and 98-4. The Committee is authorized by the Ontario Planning Act to grant minor variances from the provisions of the Zoning Bylaw, to permit extensions, enlargements or variations of existing legal non-conforming uses and give consent to an owner of land who wishes to sell, convey or transfer an interest "part" of their land.
The Committee of Adjustment meets once a month in Council Chambers at City Hall. All meetings are open and members of the public can speak to each application. The Committee announces any decisions publicly at the meeting and a written decision is mailed to the applicant and interested parties within 10 days.
2024 Committee meeting and submission dates
In cases where additional time is needed to address technical comments provided by staff, applications will be deferred to a subsequent meeting date when staff are in a position to make a recommendation.
|
Meeting date |
Application cut-off |
|---|---|
|
January 22, 2024 |
December 4, 2023 |
|
February 26, 2024 |
January 8, 2024 |
|
March 18, 2024 |
January 29, 2024 |
|
April 15, 2024 |
February 26, 2024 |
|
May 13, 2024 |
March 25, 2024 |
|
June 17, 2024 |
April 29, 2024 |
|
July 15, 2024 |
May 27, 2024 |
|
August 19, 2024 |
July 2, 2024 |
|
September 16, 2024 |
July 29, 2024 |
|
October 21, 2024 |
September 3, 2024 |
|
November 18, 2024 |
September 30, 2024 |
|
December 16, 2024 |
October 28, 2024 |
The Committee's consent is also required when the terms of an agreement, such as a lease, easement or mortgage commits the land to a use for a period in excess of 21 years.
Pre-Application Meeting
Before submitting an application for a Minor Variance, developers must arrange for a Pre-Application meeting with Planning and Development staff to review the application details. Meetings are informal and generally held in the Planning and Development Department at John Counter Boulevard. Pre-application consultation is mandatory and can be arranged by calling 613-546-4291, Ext. 3180. Applicants must provide detailed plans along with the application. A clear and simple description and justification for the request must also be filed with the application.
Payment of Fees
Each Minor Variance application is subject to payment of application fees as set out in the City's Fees and Charges Bylaw. If substantive changes are made to the application while it is being processed that require it to be re-circulated to technical staff, the applicant may be required to pay additional fees.
Circulation of Applications
Applications for Minor Variances are circulated to a number of internal and external departments and agencies, including Building Inspection, Engineering, Utilities Kingston and Planning and Development. The application may be sent to the Cataraqui Region Conservation Authority for comment if wetlands, watercourses and environmentally sensitive lands are involved in the proposal. Kingston Frontenac Lennox & Addington Public Health may also be involved.
Notifying Neighbours
In advance of the hearing, the City will send out a Notice to abutting property owners within 60 metres of the property with information about the proposed variance and the time and date of the Committee of Adjustment meeting at which it will be heard. The City also prepares Signage for the applicant to post on the property frontage, according to municipal requirements.
Site Inspections
Site inspections are carried out by Committee of Adjustment members and City Planning staff.
Can anyone appeal the decision?
No, decisions of the Committee of Adjustment regarding a Consent or Minor Variance can only be appealed to the Ontario Land Tribunal (OLT) by the applicant, the Minister, or a specified person or public body who has an interest in the matter. An appeal must be submitted within 20 days of the date of the Notice of Decision of the Approval Authority by personally delivering or sending a Notice of Appeal to the Clerk of the City of Kingston. The appeal must set out the reasons for objecting to the decision, and must include payment of the applicable fee. The Approval Authority will then prepare an appeal package and forward it to the OLT. The OLT will schedule a hearing and give written notice of the time and date in advance of the hearing.
How long does the process take?
Approximately 60 to 90 days from the time an application is filed with the Planning and Development to the point where a Provisional Decision of the Consent Authority is final.