Committee of Adjustment

COVID-19

The Town of Newmarket Planning & Building Services has adapted its processes to be able to continue to provide services during the COVID-19 pandemic while respecting the health and safety of customers and staff. Please see details here.

May 19th, 2021 - Committee of Adjustment Hearing at 9:30 AM

At this time, the Municipal Offices remain closed to the public. 

To join or view the hearing, click the link below:

• https://townofnewmarket.zoom.us/j/94659480564?pwd=OTNJTnlCdmhJaTM3Vzdrbk4wVXRCQT09 
• Passcode: 305105
  

For technical tips on accessing the hearing using ZOOM, see the "How to Login for Attendees" guide here. 

​​​​​​​​​​​If you are planning a change to your property that is not in conformity with the zoning by-law, but follows its general intent, you can apply for a minor variance.  A minor variance occurs through the Committee of Adjustment. The Committee of Adjustment is a committee regulated by Section 45 of the Planning Act. The Committee of Adjustment also makes decisions on Land Severances. 

It can take approximately 2 to 3 months to go through the Committee of Adjustment process. The application fee is found on the application form. The decision of the Committee is made at the hearing, after which there is a 20-day appeal period before the decision is final and binding. Persons in attendance at the hearing, or who provide written submissions prior to the hearing, may appeal the decision to the Local Planning Appeal Tribunal.

A Tree Report Form is required for all Minor Variance and Land Severance applications. An Arborist Report may be required for a Minor Variance or a Land Severance application. Please read the Town's Tree Policy for additional information.​

Minor V​​ariances

The Town of Newmarket Zoning By-law provides regulations for the use of land and construction of buildings. Zoning by-law provisions are standardized across large areas of Town; they cannot take into account all circumstances such as lot size, lot shapes or yard setbacks, which 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 By-law. The Committee of Adjustment will review the site-specific circumstances regarding each application, hear from the public and hear from the applicant. The Committee then considers the following questions concerning an application before reaching a decision:

• Is the variance minor in nature?
• Does the variance conform to the Official Plan?
• Is the general intent and purposes of the Zoning By-law maintained?
• Is it desirable for the appropriate development or use of the land, building or structure?

Land Severance

A land severance, also referred to as consent to sever, 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 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.

Mem​​​b​ers

• Gino Vescio (Chair)
  
• Elizabeth Lew
  
• Ken Smith
  
• Peter Mertens
  
• Mohsen Alavi
  
• Michelle Starnes (Alternate)
  

Committee of Adjustment Hearing Schedule for 2020-2021

For up-to-date agendas and minutes, please consult the Agendas, Minutes, and Meetings page.