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:

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.

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 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.


Committee of Adjustment process
This is what happens after you submit your application to the Committee of Adjustment.
Completed application.
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 two years of the decision being mailed)

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:


Meeting dates

Application deadline for digital submission (5 p.m.)Original hard copy and payment due (5 p.m.)Meeting date
Friday, October 27, 2023 Friday, November 3, 2023 Tuesday, December 12, 2023
Friday, December 1, 2023 Friday, December 8, 2023 Tuesday, January 16, 2024
Friday, January 5, 2024 Friday, January 12, 2024 Tuesday, February 20, 2024
Friday, February 2, 2024 Friday, February 9, 2024 Tuesday, March 19, 2024
Friday, March 1, 2024 Friday, March 8, 2024 Tuesday, April 16, 2024
Friday, April 5, 2024 Friday, April 12, 2024 Tuesday, May 21, 2024
Friday, May 3, 2024 Friday, May 10, 2024 Tuesday, June 18, 2024
Friday, May 31, 2024 Friday, June 1, 2024 Tuesday, July 16, 2024
Friday, July 5, 2024 Friday, July 12, 2024 Tuesday, August 20, 2024
Friday, August 2, 2024 Friday, August 9, 2024 Tuesday, September 17, 2024
Friday, August 30, 2024 Friday, September 6, 2024 Tuesday, October 15, 2024
Friday, October 4, 2024 Friday, October 11, 2024 Tuesday, November 19, 2024
Friday, October 25, 2024 Friday, November 1, 2024 Tuesday, December 10, 2024

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