Guide to Minor Variances
Minor Variance Process
Augusta’s Zoning By-Law (2965-2012), as amended, regulates the use of land, buildings & other structures. All development proposals must comply with the Zoning By-Law. If your proposal varies slightly from a Zoning By-Law requirement, yet follows its general intent & the general intent of the Official Plan & if the proposal is deemed appropriate, the Committee of Adjustment may permit a “minor” variance from the provisions of the Zoning By-Law. Section 45 of the Planning Act, R.S.O. 1990, provides the authority for this process (as well as O. Reg 200/96).
A hearing on your application is held before the Committee of Adjustment to receive any comments and render a decision.
You must obtain a minor variance before applying for any building permits. If the variation is more than minor, a rezoning may be required.
Minor Variance Steps
Step 1 – Pre-Consultation with the Township
Applicant consults with the Township staff and possibly relevant agencies to discuss the proposed minor variance and local requirements.
Step 2 – Fill Out The Application
Applicant fills out an application (can request the assistance of the Township). Application is to be signed in front of a Commissioner of Oath (the Township Clerk’s dept. can witness your signature).
Step 3 – Submit Application
Applicant submits application to the Township office with the applicable fees.
Step 4 – Staff Review & Hearing Date Set
Correspondence and confirmation of attendance by committee members for a Public Hearing/Meeting is received.
Step 5 – Notice of Hearing
The Committee of Adjustment’s Secretary Treasurer distributes the Notice of Hearing to all committee members, the Township’s Clerk, Chief Building official, Public Works Manager (if applicable), the Fire Chief, all property owners within 60 meters of the property, the County Clerk the Conservation Authority and other regulators. The Notice of Hearing must be mailed at least 10 days prior to the hearing date. A sign, giving public notice, is also posted on the property by the Secretary-Treasurer.
Step 6 – Public Hearing/Committee of Adjustment Meeting and Decision
The Public Meeting/Committee of Adjustment Meeting is to be held within 30 days from receipt of the application at the Township office. A decision is made by the Committee after hearing comments.
Step 7 – Notice of Decision
Secretary Treasurer of the Committee of Adjustment distributes the Committee’s decision to the applicant and to all who requested in writing to be notified within 10 days of the decision.
Step 8 – 20-Day Appeal Period
Decisions are subject to a 20-day appeal period from the date of Decision. All appeals received within the 20-day window with applicable appeal form/fee, are sent to the Ontario Land Tribunal for consideration. Applicants will be notified if an appeal is received for a file.
Step 9 – Decision is Final
If no appeal(s) is (are) filed, the Decision becomes final/binding and a Certificate of the Secretary-Treasurer to the Committee of Adjustment will be issued to the applicant/property owner and to the Township’s Clerk.
Fees
- A fee of $1,000 is required upon submission of a minor variance application made payable to the Township of Augusta.
- Other fees to the applicable conservation authority (related to environmental considerations) and/or to South Nation Conservation (related to sewage system functioning) may apply.
*Fees are subject to change without prior notice.