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This Committee of Adjustment and Consent (COA) considers applications for minor variances from the Zoning By-law and certain applications for land division (severance).
All draft applications for minor variance must be reviewed by Town Zoning Staff prior to an application being accepted on behalf of the Milton Committee of Adjustment.
All review material must be submitted to the Committee Secretary-Treasurer for zoning review a minimum of five business days prior to any published COA Deadline Date. A Hearing Date will be confirmed by Town Staff only upon completion of the zoning review.
The schedule pertains to complete applications having a zoning clearance. It is the applicant's responsibility to allow sufficient time for all pre-review to be completed in advance of these deadlines.
The Committee of Adjustment and Consent (COA) is composed of five Milton residents who are appointed by Council for a four-year term. The Committee generally meets once each month to hear applications. These meetings are open to the public and anyone may attend to speak to the Committee about a particular application. The Committee members listen to submissions, discuss any issues or concerns and make a decision. In some cases, the Committee's approval comes with attached conditions.
The Committee is authorized by the Planning Act to consider applications for:
For more detailed information about processes, please refer to applicable Guidelines for Minor Variances and/or Consents.
The Zoning By-law regulates how land and buildings are used and where buildings and structures can be located. This by-law also specifies lot sizes and dimensions, parking requirements, building heights and other provisions necessary to ensure proper and orderly development.
However, sometimes it is not possible to meet all the requirements of the Zoning By-law. In that case, you can apply for approval of a minor variance . A minor variance permits a slight adjustment of a specific Zoning By-law requirement to excuse a property owner from meeting the exact requirements of the by-law.
For the Committee to approve this type of application, the members must be satisfied that the application:
Legal Non-Conforming Uses are uses that met all the requirements of the Zoning By-law (and any other requirements) when they were established but no longer comply because the zoning requirements have changed. To ease the hardship this change could place on a property owner, the Committee can consider applications for extensions or enlargements of buildings or uses that no longer comply with the Zoning By-law as well as applications for a change from one legal non-conforming use to another.
For the Committee to approve these types of applications, the members must be satisfied that:
NOTE: Only certain consent applications are considered by the Committee. Where an application is undisputed (i.e. where no objections are received from circulated agencies and/or the public and where the applicant is also in agreement with all recommended conditions of approval), the Planning Director has delegated approval authority and a Public Hearing is not required.
Normally, new lots are created through approval of an application for a plan of subdivision. However, when only one or two new lots would be created and no new road is required, a full subdivision application may not be necessary. In this case, an application for "consent" to sever may be appropriate.
In evaluating applications for consent, staff must consider:
Consent applications are also required for lot additions (lot line adjustments), easements or rights-of-way, long-term leases (21+ years), and Validations of Title (title correction).