Committee of Adjustment
Information and Application Forms
$650.00 Application for Minor Variance
$2,000.00 for Consent to create a new lot
$750.00 for all other types of Consents (eg: lot addition, easement, right-of-way)
$1,100.00 for combined application of Minor Variance and Severance
$2,200.00 for combined application of Minor Variance and Severance (new lot)
The Committee consists of:
- Seven (7) citizen appointees
- Secretary (by By-Law filled by the Manager of Approvals of the Engineering and Development Services Department)
To consider applications for:
- minor variances from the provisions of the City's zoning by-laws
- enlarging, extending or changing a non-conforming use
- determining the permitted use of land where a zoning by-law is written in general terms
- a consent to divide a parcel of land into more than one lot or as a lot addition to an abutting property or as a lot line adjustment
- a consent to a mortgage, a partial discharge of a mortgage or validation of title
- a consent to a lease over 21 years, a quit claim, an easement, or a right-of-way
The Committee will also:
Consider appeals of a property standard order including the authority to confirm, modify or quash an order and/or extend the time for complying with the order.
Arbitrate disagreements between adjoining owners where they cannot agree over the maintenance or reconstruction of a line fence which marks the boundary between an owner's land and the adjoining lands. (Thurlow Ward only)
Minor Variance Overview:
The City of Belleville’s 3 Zoning By-laws (10245, 3015 and 2076-80) regulate the way in which land can be used in the City by designating different areas with land use zones. The by-laws also contain rules that apply to each zone for things such as permitted uses, building setbacks and lot coverage. Because it is difficult for the zoning by-laws to address every circumstance that may affect the development or use of a particular property, the Planning Act allows City Council to establish a Committee of Adjustment to which property owners can apply when they require a "minor variation" to the regulations.
Under Section 45(1) of the Planning Act there are four tests a minor variance must meet:
- Does the application conform to the general intent of the Official Plan?
- Does the application conform to the general intent of the Zoning By-law?
- Is the application desirable for the appropriate development of the lands in question?
- Is the application minor?
A land severance (consent) is the authorized separation of a piece of land to form two new adjoining, but separate properties. This is required if the owner wants to sell, mortgage, obtain a right-of-way or easement, or lease, for more than 21 years, part of his or her land. Where land division is minor and a plan of subdivision is clearly unnecessary for development, or where a boundary is being adjusted, the Planning Act allows the consent granting process. Section 53, with reference to 51(24), of the Planning Act sets out a list of criteria that the Committee of Adjustment shall have regard to when considering a consent application.
Once a severance has been approved, the new land parcel may be sold or resold without further approval, depending on the type of consent given. In order to be approved, it is the Committee of Adjustment responsibility to evaluate consent applications to determine whether or not the granting of the consent is in the public interest after considering planning principles within the Official Plan, Zoning By-law and Provincial Policy Statement.
Minor Variance and Consent Application Process:
1. Complete and submit an application to the Approvals Section at Belleville City Hall. Applications for approval of a Plan of minor variance or consent can be obtained from the Approvals Section at Belleville City Hall or on-line by using the links below under the heading “Related Downloads”.
2. When applying for a minor variance or for the severance of a new residential lot within 500 metres (1,640 feet) of a livestock facility and/or manure storage, an MDS Data Sheet needs to be completed. An MDS Data Sheet can be obtained from the Approvals Section at Belleville City Hall or on-line by using the link below under the heading “Related Downloads”.
3. Once the application has been received and a file has been set up, you will be sent a “yellow sign” (minor variance) or an “orange sign” (consent) to be posted on your property, and a copy of the Notice of Public Hearing.
4. The City will prepare the Notice of Public Hearing and mail it to everyone owning a property within a 60 m radius of the concerned property.
5. The City will then circulate your application for comments to:
- Approvals Section
- Building Section
- Environmental & Operational Services Department
- Policy Planning Section
- Quinte Conservation
Your application may also be forwarded to other agencies if necessary.
6. A report is prepared by the staff of the Approvals Section giving advice and listing any comments received from the above mentioned City Departments or agencies.
7. At the Public Hearing to consider your application, you will be asked to present your application and answer any questions that may arise.
8. A decision will be made at the Public Meeting and a written copy of the Decision will be provided to you a few days after the Public Meeting.
9. If necessary, you have 20 days to appeal the decision. You must appeal the decision to the Ontario Municipal Board at a fee of $125.00.
10. It is your responsibility, if you so wish, to obtain a representative (lawyer) to appeal your case to the Ontario Municipal Board.
11. If this is a consent (severance) application, the applicant must meet all conditions of approval, provide a Registered Plan and provide Transfer Documents.