Committee of Adjustment
Building House 07
City Council has appointed a Committee of Adjustment to consider the following matters:
- minor variances from the Zoning Bylaw and Sign Bylaw
- permission to enlarge or change legal non-conforming land uses and
- consents to sever land.
Sarnia's Zoning By-law regulates the way in which land can be used in the City by designating different areas with land use zones. The By-law also contains rules that apply to each zone for things such as permitted uses, building setbacks and lot coverage. Because it is difficult for the Zoning By-law to address every circumstance that may affect the development or use of a particular property, the Planning Act allows City Council to establish a Committee of Adjustment to which property owners can apply when they require a "minor variance" to the regulations. City Council has also given the Committee of Adjustment authority to grant minor variances to the City's Sign By-law.
Application and Approval Process
1. Consult with the Secretary-Treasurer/Planner:
- Before you submit an application, discuss your plans with the Secretary-Treasurer (Planning and Building Department, 519 332 0330 extension 3344).
2. Complete the Application, including the following:
- One copy of a dimensioned and scaled drawing of the proposal depicting the lot and showing the location and size of the buildings and of the parking and access on the lot;
- A cheque made payable to the City of Sarnia for the application fee (variable fee structure);
- If you are using an agent or solicitor, your written authorization identifying by name the individual who will be your agent or solicitor; and
- In some cases, additional information could be helpful in assessing an application; you are encouraged to submit photographs or other relevant documentation.
3. Notice of Public Hearing and Circulation of Application:
After your application has been received, a notice of Public Hearing will be placed in the Civic Corner section of the Sarnia Observer (Saturday edition) and sent to all assessed property owners within 60 metres (200 feet) of the property, at least 10 days before the date of the Hearing.
At the same time, copies of your application will be circulated to other City departments, and, in some cases, to external agencies. The purpose of this circulation is to obtain advice from and/or the requirements of these interested groups in the form of reports for the Committee of Adjustment that are considered at the Public Hearing.
4. Public Hearing and Decision Making Process:
The Public Hearing will normally be held within 25 days of receiving your application. It is very important that you and/or your agent or solicitor attend the Hearing to explain the reasons for your application; if you do not attend, the Committee may proceed in your absence. Other interested persons are also entitled to attend and to express their views about the application. The Committee will also consider verbal advice and written reports from staff. Besides considering the site-specific aspects of the application, the Committee will also use the following criteria to evaluate the application and reach its decision:
- Is the variance minor?
- Is it desirable for the appropriate development or use of the land, building or structure?
- Is the general intent and purpose of the Official Plan and the Zoning By-law being maintained?
If your application is approved, the Committee may impose conditions as part of its decision.
5. Notice of Decision:
Within 10 days of the Committee making its decision, the Secretary-Treasurer of the Committee will mail one copy of the decision to you and to anyone else who filed a written request for Notice of the Decision. Information is included in the Notice of Decision outlining appeal procedures and identifying the last day for appealing the Committee's decision to the Ontario Municipal Board.
6. When the Decision is Final and Binding:
If no appeal is made by the end of the 20 day appeal period, the decision is final and binding. You will be notified by mail and, if the application has been approved, you should, subject to the fulfillment of any conditions set out in the final decision, be in a position to apply for a building permit or be in compliance with the Zoning By-law.
Section 45(2) of the Planning Act provides that a Committee of Adjustment upon application may permit:
- the enlargement or extension of a building or structure occupied by a use prohibited by the Zoning By-law if the use that was made of the building or structure on the day the Zoning By-law was passed continued until the date of the application to the Committee. No permission may be granted to enlarge the building or structure beyond the limits of land owned and used in connection with the use on the day the Zoning By-law was passed; and
- a use of the property, building or structure for a purpose that is in the opinion of the Committee, similar to the purpose for which the property, building or structure was previously used or is more compatible with the uses permitted by the Zoning By-law than the previous use.
The application and approval process is the same as that outlined for minor variances.
Property owners who wish to divide their property for the purpose of selling it, registering or discharging a mortgage, or leasing, if for a period over 21 years, must apply for a severance. In municipal legislative terms, it means obtaining a "consent to sever" from the Committee of Adjustment.
The Planning Act stipulates that a consent must be granted before a parcel of land can be divided to create an additional lot(s). This process is referred to as land severancing and the type of consent given in this instance is a severance. Controlling the division of land through "severancing" gives the Municipality a mechanism for ensuring that the creation of lots is consistent with the planning policies of the municipality as set out in its Official Plan and the County of Lambton Official Plan.
Generally, no more than five abutting parcels can be created though the consent process. Anything beyond that requires approval as a "plan of subdivision".
Application and Approval Process
1. Consult with the Secretary-Treasurer:
Before you submit an application, discuss your plans with the Secretary-Treasurer (Planning and Building Department, 519 332 0330 extension 3344), to confirm whether other planning or engineering approvals are required.
Note:
If the lot or lots to be created are not located in an area of the City were municipal water and sanitary sewers are available, the County of Lambton, Planning and Development Services Department should be contacted 519 845 0801. No application to create a lot or lots on private services will be scheduled for a public meeting until the County of Lambton advises the City that the appropriate studies have been received and reviewed by the County and are found to be acceptable.
2. Complete the Application, including the following:
- One copy of a survey of the proposal, dimensioned and drawn to scale; showing the lot and the location and size of the buildings and of the parking and access on the lot. It must also show all of the information and features that are listed on the front of the Consent Application Form;
- A cheque made payable to the City of Sarnia to cover the approved fee (variable fee).
- If you are using an agent or solicitor, your written authorization identifying by name the individual who will be your agent or solicitor.
- In some cases additional information could be helpful in assessing an application; you are encouraged to submit photographs or other relevant documentation. To avoid delays, please ensure that your application is complete, that all drawings are neat and legible and that all dimensions are accurate.
3. Notice of Public Hearing and Circulation of Application:
After your application has been received, and at least 14 days before a decision is made, the Committee will send notice of the application to every property owner assessed within 60 metres of the subject property and to every person and public body that has provided a written request for such notice. Anyone wanting to be notified of the decision must make a written request. Copies of your application will also be circulated to prescribed agencies and to City Departments for the purpose of obtaining written comments and/or advice for consideration when making the decision on the application.
4. Public Hearing and Decision Making Process:
The Committee will carefully consider all aspects of your application in light of the requirements of the Planning Act, the Provincial Government's Comprehensive Set of Policy Statements, the policies in the City Official Plan and the County Official Plan, comments from municipal departments, agency comments and input from the public. When dealing with an application to sever land, the Committee will consider where appropriate:
- What the effect will be on the health, safety, convenience and welfare of the present and future inhabitants;
- The impact on Provincial interests as identified in Section 2 of the Planning Act;
- Whether the application is in the public interest or is premature;
- If the lands suit the proposal;
- If the size and shape of the lots and the overall plan are suitable;
- Whether the layout addresses energy conservation of natural resources and flood control;
- Whether utilities, road systems, municipal services and schools are adequate;
- If the area of land being dedicated for public purposes is suitable;
- Whether the application conforms to the City and County Official Plans and is it compatible with adjacent land uses.
If your application is approved, the Committee may impose conditions as part of the decision. Conditions could include things such as a requirement for Site Plan Approval, the entering into of a severance agreement with the City, preparation of a tree preservation plan, or approval of a lot grading plan.
5. Notice of Decision:
Within 15 days of the date on which the Consent Authority makes a decision, one copy of it will be mailed to you, to anyone who filed a written request for notice of the decision, to everyone who provided written comments or written submissions, and to anyone else prescribed by regulation. Information is included in the Notice of Decision outlining appeal procedures and identifying the last day for appealing the Committee's decision to the Ontario Municipal Board.
6. When Decision is Final and Binding:
If no appeals are made by the end of the 20 day appeal period, the decision is final and binding. You should be in a position to prepare and submit to the Committee the appropriate documents such as a deed or a mortgage for certification by the Secretary-Treasurer.
Note: Section 53 of the Planning Act provides that:
- Where a consent is granted without conditions, it is valid for two years from the date on the "certification stamp";
- Where a consent is granted with conditions, the conditions must be fulfilled within one year of the "final decision date" or the consent is deemed to be "refused"; and
- Where a conditional consent has been certified as to the fulfillment of the conditions, the consent itself is then valid for two years from the date of the certificate.
