Committee of Adjustment

Our Committee of Adjustment meets monthly to grant minor zoning bylaw variances and more. Learn more about the committee and submit your application on this page.

On this page:

1. About the committee
2. Apply
3. Cost
4. Committee process
5. Appeals
6. Meeting dates
7. Map of applications

About the committee

Under the Provincial Planning Act, the committee can:

• grant minor variances from our zoning bylaw
• allow changes to legal, non-conforming uses that current zoning does not permit
• give consent for land severance to divide a parcel of land into more than one lot, or as lot additions to abutting properties
• give consent to mortgages, partial discharge of mortgages and validation of title
• give consent to leases over 21 years, quit claims, easements and rights-of-way

There are five members appointed to the Committee of Adjustment and it is anticipated that all five members are present at each meeting. All decisions must be made in public.

Minor variances

All development proposals must follow our zoning bylaw, which sets out detailed requirements dealing with the use of land and buildings, including building setbacks.

Where a project design or lot size/shape makes it impossible to follow the zoning bylaw, the committee may consider a variation from the rules, called a minor variance.

Example: reducing the required setback from the rear property line for a deck.

Consents

Where land division by a plan of subdivision is unnecessary, or where a lot line is being adjusted, the Planning Act allows the consent granting process.

This usually involves a land severance (dividing parcels of land into 2 or more new lots or as lot additions to abutting properties) or the establishment of a right-of-way, easement, lease or validation of title.

Apply

Download the right application form:

• minor variance
• consents or validation of title (fee is per lot or block to be created)
• change of conditions to a provisional consent
• certificate of consent – steps to obtain deed endorsement

Send us an email or call 519-741-2426 if you have any questions about the application form.

You can book an appointment at City Hall for commissioning services for the affidavit section of your application form. Use our online booking tool and choose the option "Planning: Commissioner of Oath signature request."

Send your completed application by email (maximum 10 MB).

After sending the application by email, send the original, signed application and cheque payable to the City of Kitchener by mail or courier to:

Committee of Adjustment Coordinator
City of Kitchener – Planning Division
200 King Street West, 6^th floor
P.O. Box 1118
Kitchener, ON
N2G 4G7

Find the committee meeting dates and deadlines.

Cost

These fees apply to all applications to go before the committee of adjustment:

• minor zoning variance small: $1,600
• minor zoning variance large: $2,760
• consent: $2,760
• change of conditions of a provisional consent: $1,900
• certificate of official: $285
• deferral fee: $450

Regional and conservation fees

The Region of Waterloo and/or Grand River Conservation Authority (GRCA) may collect other fees to process your application. Failure to pay these fees may delay or stop your application from moving forward.

You can send these fees as separate cheques payable to the region and/or GRCA, along with your application form. We will send your cheques on your behalf.

Deferral fees

An application to the Committee of Adjustment may incur a deferral fee for instances where:

• notice requirements outlined within the Planning Act have not been satisfied and further notice would be needed
• applicants/agents do not attend two or more consecutive meetings
• amendments are needed to the subject application and further notification is needed
• an application is deferred beyond three months
• an applicant/agent requests a deferral of the application

The fee is only to cover the costs associated with publishing notices in the local newspaper and courtesy neighbourhood mailings. You must pay the fee before your application is rescheduled. The determination of the necessity for a new/updated notice is at the discretion of staff to ensure compliance with notice requirements under the Planning Act.

Appeals

Under Section 45 (12) of the Planning Act and Bill 23-More Homes Built Faster Act, only the applicant, Minister, specified person or public body that has an interest in the matter has the right to appeal this decision to the Ontario Land Tribunal (OLT).

Any person or public body that has an interest in the matter but is not the applicant or defined as a “specified person” or “public body” in section 1 of the Planning Act cannot appeal decisions of the Committee of Adjustment.

Visit their website to find:

• the OLT process
• any relevant forms

Meeting dates

Map of applications

Use our interactive map to search for committee of adjustment applications in Kitchener. This map includes applications since 2002. Older applications may have incomplete data.

Open the map