The Committee of Adjustment hears applications under Section 45 of the Planning Act and Section 50/52 & 57 of the Planning Act R.S.O. 1990 c.P13, as amended. 

The Committee of Adjustment is an independent body appointed by Guelph City Council.  There are two major types of applications to the Committee of Adjustment:  Applications for consent to create new lots or adjust boundaries and applications for minor variances to the municipal Zoning By-law requirements or for permission to extend land uses that have existed prior to the passing of the current By-law.

How do I Make an Application?

Step 1 - Consult with Staff
Before you fill out an application, discuss your plans with staff.  They will facilitate pre-consultation and provide the application, fee and meeting schedule.

Step 2 - Consult with City Departments
Speak with staff in Planning Services and Engineering Services respecting your application.  Ask to speak with the staff member who deals with Committee of Adjustment matters.  This is necessary to determine the need and nature of the variance, whether or not there might be servicing requirements or land dedications involved with the proposal and whether or not an amendment to the Zoning By-law is required.  If a Zoning By-law amendment is required, this cannot be dealt with by the Committee of Adjustment.

Step 3 - Complete the Application

• One application must be submitted with two copies of a dimensioned and scaled drawing and one 8.5” x 14” drawing of the proposal showing the location and size of the buildings and the parking on the lot;
• A cheque made payable to the ‘City of Guelph’
• If you are using an agent or solicitor, your written authorization;
• Additional information may be necessary in assessing the application.  Staff will advise if this is necessary.

Step 4 - Public Hearing and Decision Making Process
A public hearing will normally be held within 30 days of receiving your application.  It is very important that you and/or your agent or solicitor attend the hearing to explain the reasons for your application.  If you do not attend, the Committee may proceed in your absence or defer the application.  There are additional fees associated with the deferral of an application.  Other interested persons are also entitled to attend and to express their views about the application.  The Committee will also consider verbal advise and written reports from staff.  The Committee will use the following criteria to evaluate the application and reach its decisions:

• Is the variance minor?
• Is it desirable for the appropriate development or use of the land, building or structure?
• Is the general intent and purpose of the Official Plan and Zoning By-law being maintained?

Step 6 - When the Decision is Final and Binding
If no appeal is made by the end of the appeal period, the decision is final and binding.  You will be notified by mail, and if the application has been approved, you should, subject to the fulfillment of any conditions set out in the final decision, be in a position to apply for a building permit or be in compliance with the Zoning By-law.