Committee of adjustment

Electronic Committee of Adjustment Meetings - COVID-19

General

The Committee of Adjustment is comprised of five citizens appointed by Council to consider applications for minor variances to zoning by-law regulations and applications for consent (severances) under the Planning Act. The Committee of Adjustment meets regularly on a monthly basis. Please refer to the hearing schedule below:
2022 Hearing Schedule 

Payment to Niagara Region

Due to the COVID pandemic, the Niagara Region has respectfully asked that all regional application fees be paid online by visa or master card.  You may do so by following link: https://niagararegion.ca/business/payments/default.aspx.  Using this link, there will be seven options; please select “Planning Fees and Private Septic Permit Fees” and there is a box labelled “What is this payment for?” – please add the address of the application or type of application – so the Niagara Region can ensure the fees are assigned to the correct file.

After payment has been received by the Niagara Region you will receive an e-mail from them confirming payment. This confirmation must be forwarded to the Town of Pelham. Without confirmation all circulation fees are paid we will not set a hearing date nor circulate your application.

The Town of Pelham will continue to accept payment of committee of adjustment application fees via cheque.   

Minor Variance Applications

A land owner who is unable to comply with the provisions of the Zoning By-law may apply to the Committee of Adjustment through a Minor Variance Application.

These minor changes to the Zoning By-law may be granted if, in the opinion of the Committee of Adjustment, the request is:

• Minor in nature;
• Desirable for the appropriate development or use of the land, building or structure;
• The general intent and purpose of the Zoning By-law is maintained; and
• The general intent and purpose of the Official Plan is maintained.

How do I apply for a Minor Variance?

A Pre-Application Discussion is required prior to submitting your minor variance. This process if free of charge and is arranged through the Planning Department.

A completed application form (link found below), the appropriate fee(s), necessary plans/drawings and a planning justification report/brief (if identified at pre-application discussion) are to be submitted. The application form details the exact information required on the Site Plan and the number and size of the plans required. If you have any questions on the nature of the relief from the Zoning By-law, please consult the Planning department.

Completed applications shall be submitted to the Secretary-Treasurer. Although electronic copies are both welcome and encouraged, original applications must be submitted in hard copy.

Application packages are available online (see below) or by contacting the Secretary-Treasurer at the Municipal Offices, 20 Pelham Town Square, Fonthill. Please note, all plans shall be provided on A3/Ledger (11"x17") sized paper. 

Minor Variance Application - pdf.

Consent Applications

Consent applications are required when a land owner wishes to sell, convey or transfer an interest of "part" of their land.

Consent is also required when the terms of an agreement, such as a lease, an easement or a mortgage commits the use of land for a period in excess of 21 years.

In addition to Consent, the Committee of Adjustment also has the power to issue a "Certificate of Validation" and to give "Approval of a Foreclosure of or an Exercise of a Power of Sale in a Mortgage or Charge".

How do I apply for a Consent?
Prior to consent application, all applicants are required to have a Pre-Consultation meeting with Town staff. This can be scheduled through the Planning department. 

A completed application form (link found below), and the appropriate fee(s) are to be submitted along with 15 copies of a plan completed by an Ontario Land Surveyor. The application form details the exact information required on the survey. If you have any questions on how to complete the application form the Secretary-Treasurer is available to assist.

If there is a person acting as an agent for the purposes of the application, a letter of authorization is required from the registered owner of the property.

Consent Application - pdf. 

Please include this form for Surplus Farm Dwelling applications: Surplus Farm Dwelling Applications

Committee of Adjustment Agenda and Minutes