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Committee of Adjustment (Minor Variances and Land Severance)
The Town of Newmarket Zoning Bylaw, as amended, provides regulations for the use of land and construction of buildings. It is difficult for bylaw provisions to take into account all circumstances such as lot size, lot shapes or yard setbacks, that may affect the development of a particular property. In such cases, the property owner may apply to the Committee of Adjustment for a minor variance to the Zoning Bylaw. The Committee of Adjustment is a Council-appointed committee regulated by Section 45 of the Ontario Planning Act. The Committee of Adjustment will review the site specific circumstances regarding each application. The Committee then considers the following questions concerning an application before reaching a decision:
- Is the variance minor in nature?
- Is the general intent and purposes of the Official Plan and Zoning Bylaw maintained?
Is it desirable for the appropriate development or use of the land, building or structure?
The Committee of Adjustment also has the authority to approve land severances. A land severance, also referred to as a consent, is the authorized separation of a piece of land to form two new properties. Consent to sever is required if a portion of land is to be sold, mortgaged, charged or is to form part of an agreement lasting more than 21 years. In addition to the division of land, the registration of rights-of-way, easements and any changes to existing property boundaries requires consent approval. Legislative provisions for consent applications are outlined in Section 53 of the Ontario Planning Act.
Land severance approval is required to ensure that:
- consents are considered within an established community planning framework,
- new lots and new land uses do not conflict with the overall planning goals and policies of existing communities, and
- consideration is given to the effect of the division of land on the site, on the neighbouring lands, and on the community as a whole.
To inquire about minor variances or land severance, please contact the Secretary-Treasurer of the Committee of Adjustment in the Town of Newmarket Planning Department at 905-895-5193 or e-mail Planning@newmarket.ca
The applciation form for Minor Variance and Consent can be downloaded below.
2012 Committee of Adjustment Meeting Schedule
The Tree Preservation, Protection, Replacement and Enhancement Policy establishes the Town of Newmarket's policy for the preservation, protection, replacement and enhancement of significant trees respecting the development approval process and specifically applies to lands subject to applications for draft plan of subdivision and site plan approval and respective amendments, and minor variance and consent.
Click the below links to access a PDF version of the policy.
Tree Preservation, Protection, Replacement and Enhancement Policy
