The Committee of Adjustment is appointed by Council to hear and make decisions regarding requests for Consent. Consent, or severance, refers to the authorized separation of a piece of land to form a new, adjoining lot while retaining a portion of the original property. Consent is considered when a registered plan or subdivision is not deemed necessary for the proper and orderly development in the Municipality. In addition to the division of land, rights of way and easements, any change to existing property boundaries also require consent approval. Obtaining approval for Consent involves an application being sent to the Committee of Adjustment; this is achieved via submission of a complete application and the associated fee, followed by a public hearing and full consideration of the proposal; only then will a decision be rendered. Prior to an approval being granted there are typically conditions applied to the Consent, which must first be met. Conditions vary greatly but may require the applicant to widen a road, have their property rezoned, submit a survey, etc. The Committee of Adjustment’s decision is followed by a 20 day appeal period. It is during this time that any appeals to the Committee’s decision may be submitted. Once the 20 day appeal period has expired, the Committee of Adjustment’s decision is binding. Upon the applicant meeting the conditions of Consent, a certificate of Consent is issued by the Municipality and the severance is in effect.
Planning staff is available to review the Official Plan policies and Zoning By-law provisions which affect applications for Minor Variance and Consent. It is recommended that pre-consultation occur with planning staff prior to submission of development applications. Applications for Consent are available for pick up in the office or by download as seen on the left hand side under “”Documents and Applications”".
The Committee of Adjustment is appointed by Council to hear situations where minor issues in meeting the provisions of the Municipal Zoning By-law cannot be met. An application for Minor Variance does not propose to change the existing Zoning By-law, but rather to provide relief from specific requirement of the by-law to suit special circumstances, for a site specific property.
Obtaining a Minor Variance involves an application being sent to the Committee of Adjustment; this is achieved via submission of an application and the associated fee, followed by a public hearing and full consideration of the proposal; only then will a decision be rendered. The decision is followed by a time span of 20 days, where appeals can be launched. Once the 20 day appeal period has expired, the Committee of Adjustment’s decision is binding.
Site Plan Control
The Planning Act of Ontario grants Municipalities the authority to review and approve site plans for certain types of development in accordance with established Municipal requirements. Site Plan Control review, is a fundamental part of the Municipal planning and development review process. It focuses on the technical issues of site design rather than land use, and specifically on proposed development adjacent to water bodies. The Municipality of Callander has enacted a bylaw for Site Plan Control; it may be applied when required throughout the Municipality. Site Plan Control is utilized for all development projects proposed adjacent to shorelines, river and creek systems, be they commercial, industrial or housing projects. Planning and building staff administer the Site Plan Control By-law and are available for pre-consultation with applicants. Applications for site plan approval should be submitted to planning staff. Application forms for Site Plan Control are based on a project by project and thus can only be acquired directly from the Planning Staff. When a vacant property is purchased on water front/creek/river frontage it is important to contact the municipality prior to undertaking significant clearing on the property.
Zoning By-law Amendments
Any resident who wishes to use a property in a way that is not permitted by the Zoning By-Law requires a rezoning of the property to move forward with their plans. If the planned change is relatively minor, the Zoning By-Law may be varied through a Minor Variance (as noted above, this is a separate and distinct process); otherwise, the applicant must complete a rezoning application.
A complete application is submitted to the Municipality and will be heard by the Planning Advisory Committee (PAC), a committee appointed by Council. Upon hearing the application PAC makes a recommendation to Council. Should PAC recommend the amendment they will also recommend a Public Meeting be held to ensure that the public has adequate opportunity to review the proposed changes in land use and provide comment. Upon hearing from the public, Council has the choice of either accepting the Zoning By-law Amendment or rejecting it. Should the Council choose to follow through with the by-law amendment it will go into full force and effect once the 20 day appeal period expires.
Proposals for rezoning may be reviewed with the Planning Department staff prior to submission. This review will determine if enough information is provided with the application to support the rezoning request and if the application conforms with the Municipality’s Official Plan.