Our committee of adjustments 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 or lease.


Apply

Download the right application form:

Send us an email or call 519-741-2426 if you:

  • have any questions
  • need digital commissioning services for the affidavit section of your application form

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, 6th 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: $1,287
  • consent: $1,523
  • change of conditions of a provisional consent: $747
  • certificate of official: $263
  • deferral fee: $420

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.


Committee of adjustment process
This is what happens after you submit your application to the committee of adjustment.
Notice and circulation

After we get a complete application, we:

  • circulate complete applications to various city staff and external agencies for comment
  • post a notice in the Waterloo Region Record
  • mail a courtesy notice to nearby property owners
  • applicants will also need to post signs on the subject property

Before each public meeting, we post notices and the committee agenda on committee calendar under the meeting date.

Public meeting and committee decision

If your application is complete, you will be on the agenda for the next available meeting date. If your application is not complete, staff will tell you what you need to fix before applying again.

At the meeting, the committee makes their decision on each item and shares that decision.

After the meeting, you will get a written decision in the mail. We mail the decision 10 days after the meeting.

The committee’s decision isn’t final until the appeal period has passed.

Complete conditions

If the committee imposed any conditions on your application, you must complete them before obtaining:

  • a building permit
  • a certificate of consent (must be complete within one year of the decision being mailed)

Appeals

If you want to appeal the committee’s decision, file an appeal with the Local Planning Appeal Tribunal (LPAT).

Visit their website to find:


Meeting dates

Application deadline for digital submission (5 p.m.)Original hard copy and payment due (5 p.m.)Meeting date

Monday December 7, 2020

Monday December 14, 2020

Monday January 19, 2021
Monday January 11, 2021 Monday January 18, 2021 Tuesday February 16, 2021
Monday February 8, 2021 Monday February 15, 2021 Tuesday March 16, 2021
Monday March 15, 2021 Monday March 22, 2021 Tuesday April 20, 2021
Monday April 12, 2021 Monday April 19, 2021 Tuesday May 18, 2021
Monday May 10, 2021 Monday May 17, 2021 Tuesday June 15, 2021
Monday June 14, 2021 Monday June 21, 2021 Tuesday July 20, 2021
Monday July 12, 2021 Monday July 19, 2021 Tuesday August 17, 2021
Monday August 16, 2021 Monday August 23, 2021 Tuesday September 21, 2021
Monday September 13, 2021 Monday September 20, 2021 Tuesday October 19, 2021
Tuesday October 12, 2021 Monday October 18, 2021 Tuesday November 16, 2021
Monday November 8, 2021 Monday November 15, 2021 Tuesday December 14, 2021

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