Procedures

Committee of Adjustment/Consent Granting Authority for The City of Windsor:

Hearing Procedures and General Information

Notice of Public Hearing

Notice of hearing is given by publishing the Committee's Hearing Docket in the Windsor Star newspaper at least 15 calendar days prior to the date of the hearing. Every person and public body that has given the Secretary-Treasurer a written request for notice of a hearing on an application shall be given notice of the hearing via email or Canada Post mail.

As a courtesy, the Committee has directed that written notice be sent by regular mail to all persons located within a 40-metre radius of the subject lands for Consents applications only (as contained in the municipalities assessment roll or the current provincial land tax rolls). However, the publication of the Committee's Hearing Agenda in the local newspaper will remain the official notice of hearing required under the Planning Act.

What cannot be considered by the Committee of Adjustment:

• Aspects of the proposal that do not require variances (e.g. if building height is not listed as a requested variance, then it is not a matter that the committee can consider)
• Noise, pollution, property maintenance, construction and engineering concerns
• Prosecution for illegal construction (The committee is required to view these applications as if the construction has not been started or completed.)
• Personal comments about neighbours, agents, and/or applicants

Procedure at the Hearing

The Committee shall hear the applicant/agent and every other person who desires to be heard in favour of or against an application. Each application listed on the hearing agenda will be called individually. When the application is called, all parties interested in that specific application should come forward. Each interested party will provide their name, address, and reason for attendance and that information will be recorded and recognized by the Chair of the Committee. The Chair will ensure that each interested party has an opportunity to express their opinion regarding the application. For large groups having the same or similar comments, a spokesperson is recommended to avoid repetition of information and comments.

The Chair will permit the applicant/agent to submit and present the application to the members and will allow discussion between the members, applicant and departmental representatives only. The Chair will then call upon each interested party and/or spokesperson by name and allow them to voice their opinion/comments to the Committee. The floor will be open for discussion between members, the individual speaking and departmental representatives only.

After each interested party/person has had an opportunity to address the Committee, the Chair will allow the applicant time for a rebuttal. Once the Members have determined that sufficient information has been provided to render a decision, the Chairperson will ask for a motion to be tabled. Once a motion has come forth and has received support, the Chair will call for a show of hands to determine if the said motion has received a majority vote.

If the motion is passed, the Chair will announce such and include any conditions imposed (if any). Should the motion fail, further discussion may occur and voting on subsequent motions continues until such time as a motion receives a majority vote.

Note: The Committee also possesses the authority to defer an application or reserve its decision.

Notice of Decision

When a motion has received a majority vote (carried), a written decision will be prepared based on the verbal decision rendered at the hearing. The decision will then be sent to the applicant/agent and any other party/person who requested a copy of such in writing. This mailing must occur no later than 10 days after the rendering of the decision and will contain any conditions imposed, the last date for filing an appeal and other important time frames.

Importance of Consultation Process at the Hearing

The City of Windsor, with full support of this Committee's membership, provides applicants (at no additional cost), with a Consultation Service (please refer to cover page of application package). This process is mandatory as it has been found to be a very effective means of eliminating errors and oversights commonly associated with the filing of these types of applications.

Prior to commencing the hearing of an application, the Chair will ask the applicant/ agent if consultation occurred prior to the submission of the application.

1. If the reply is "yes", the hearing will proceed.
2. If the reply is "no", the Chair will advise that the hearing will continue, however, if after the allotted time has expired, and it has been determined that complications have surfaced as a result of not pre-consulting, the application may be deferred and a re-notification fee will be imposed.

Deferred Applications

A deferred application normally requires a minimum of 30 days to be re-introduced into the hearing schedule. The office of the Secretary-Treasurer will not commence rescheduling until the required fee is collected and written notice is received indicating that the applicant is ready to proceed. Additional delays may occur in order to address/correct the issues that lead to the deferral.

Prior to commencing the hearing of an application, the Chair will ask the applicant/agent if consultation occurred prior to the submission of the application.

Planning Department
350 City Hall Square West, Suite 210
Windsor, Ontario, Canada, N9A 6S1
For general information, call 311. For detailed inquiries, call 519-255-6543
Fax: 519-255-6544
Email: COAdjustment@citywindsor.ca