What is a Permission Application?
A legal non-conforming structure is a use that was created prior to any zoning bylaw or created at a time that met the applicable zoning bylaw. A legal non-conforming structure is permitted to continue as is and replaced with the same use, with the same building envelope (including the same dimensions), in the same footprint and in the same location.
The enlargement or expansion of a legal non-conforming structure or use requires a Permission Application.
What is the process for a Permission Application?
The Committee of Adjustment is tasked to review Permission Application to decide whether to permit the expansion or extension of a legal non-conforming building, structure or use. A Permission Application is not merely a formality.
All decisions of the Committee of Adjustment shall be consistent with the Provincial Policy Statement, 2020.
The tests for a Permission Application are as follows:
- Is the Application desirable for the appropriate development of the subject property?
- Will the application result in undue adverse impacts on the surrounding properties and neighbourhood?
To meet the criteria for a Permission, you may be required to conduct studies or reports by qualified professionals at the landowners’ expense. The Municipality may hire qualified professionals to Peer Review any studies or reports at the landowners’ expense.
Before applying for a Permission Application, you should complete a Pre-Consultation Form and provide the Planning Department with the completed Pre-Consultation Form, site plan, and other documentation so that the Planning Department can review the proposal.