Committee of Adjustment
The Committee of Adjustment is a Committee appointed by Council to deal with Applications for Consent (division of land) and Applications for Minor Variance (minor changes to the Town's Zoning Bylaw).
The Newmarket Committee is composed of five citizen members and one citizen alternate. A Secretary‑Treasurer is also appointed to carry out the administrative duties and responsibilities of the Committee as required by the Planning Act, R.S.O. 1990, c. P.13, as amended.
The Committee of Adjustment is an independent Committee of Council and is solely responsible for the decisions and actions it takes.
Minor VarianceThe 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?
In addition, 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.
Consent (Severances)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.
In addition, 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.
Committee of Adjustment Hearings
Committee of Adjustment Hearings remain to be conducted online.
To join or view the next Committee of Adjustment Hearing, on the day of the Hearing, copy the link below into your web browser:
- Webinar ID: 991 0786 8128
For technical tips on accessing the Hearing using ZOOM, please see the How to Login Guide or contact the Secretary-Treasurer at: umahmood@newmarket.ca
It takes 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.
Committee Members and Chair
- Gino Vescio (Chair)
- Elizabeth Lew
- Peter Mertens
- Mohsen Alavi
- Michelle Starnes
Committee of Adjustment Hearing Schedule for 2022-2023
Hearing Dates (via ZOOM)
| Submission Deadline
|
Wednesday, January 25, 2023 at 9:30 AM
| 23/12/2022
|
Wednesday, February 22, 2023 at 9:30 AM
| 20/01/2023
|
Wednesday, March 29, 2023 at 9:30 AM
| 24/02/2023
|
Wednesday, April 26, 2023 at 9:30 AM
| 24/03/2023
|
Wednesday, May 31, 2023 at 9:30 AM
| 28/04/2023
|
Wednesday, June 28, 2023 at 9:30 AM
| 26/05/2023
|
Wednesday, July 26, 2023 at 9:30 AM
| 23/06/2023
|
Wednesday, August 30, 2023 at 9:30 AM
| 28/07/2023
|
Wednesday, September 27, 2023 at 9:30 AM
| 25/08/2023
|
Wednesday, October 25, 2023 at 9:30 AM
| 27/09/2023
|
Wednesday, November 29, 2023 at 9:30 AM
| 30/10/2023
|
Wednesday, December 13, 2023 at 9:30 AM
| 10/11/2023
|
Please Note: Once your application is deemed complete by the Secretary-Treasurer and payment has been recieved, you will be scheduled for the next available hearing. It will take approximately 2 to 3 months for your application to move through the Committee of Adjustment process. Applications must be deemed complete one month in advance of the hearing, incomplete applications will be returned to the applicant. For more information, please contact the Secretary-Treasurer.