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Home My WebLink AboutChapter 81 - Committee of Adjustment Consent Authority BOARD - COMMITTEE Chapter 81 COMMITTEE OF ADJUSTMENT CONSENT AUTHORITY Article 1 DELEGATION OF AUTHORITY 81.1.1 Consent-granting Article 2 PRACTICE 81.2.1 Authority-exercise of 81.2.2 Official Policies Plan-to be regarded 81.2.3 Application-request for comment 81.2.4 Public meeting-by the Committee of Adjustment 81.2.5 Decision within 15 days-reasons written 81.2.6 Provisional consent-change of conditions-consider 81.2.7 Provision consent-change of conditions decision 81.2.8 Appeal-copy to Regional Commissioner 81.2.9 Declaration-to Regional Commissioner Article 3 REPEAL 81.3.1 By-law-previous WHEREAS the Council of the Regional Municipality of Waterloo has by by-law delegated its authority to give consents under section 53 of the KITCHENER 81.1 JUNE 1998 81l1 COMMITTEE OFADJUSTMENT 81.2.4 Planning Act, S.8 /995m the Council g[The Corporation Y/the City g[ Kitchener- AND WHEREAS City Council deems it desirable to continue to delegate this authority m the Committee qfA9jm/mmt. Article l DELEGATION OF AUTHORITY 81.1.1 Conmenr-grondng All authority of City Council for the giving of consents under section 53of thnPlanningArt,8.O. lVV5iy hereby delegated to the Committee of&djust- oznu. Article 2 PRACTICE 81.2.1 /kurhodry- eseroimeo[ The Committee of Adjustment,iuexercising the authority delegated hy Sec- tion 8l.l.l shall comply with the conditions contained iu this Article. 81.2.2 Official Policies Plon-to be regarded The Committee of Adjustment shall ensure consistency with the Official Policies Plan(ROPP)of the Regional Municipality of Waterloo and the Of- ficial Plan of the area municipality when considering an application for consent. 81.2.8 /kpplioodon-requemrforoomumuenr The Committee of Adjustment shall,at least 14 days prior to a decision,pro- vide a copy of the application,key map,an explanation of the proposal and a request for comments to the Regional Commissioner of Planning and Cul- ture,the Regional Commissioner of Engineering and,where private water supply or private ynwugn yoviony are proposed, to the Regional Director, Healthy Environments. 81.2.4 Publiomueedng-byrheComumuioeeo[/kdjumrmuenr The Coozozoue of Adjustment shall, pursuant to oluuyn 53 (4) (u) of the PlanningAct,8.O. lVV5,hold u public meeting pursuant to section 55ofthe Municipal Act, R.8.O 1990, c. M445. For the purposes of this delegation by-law,the hearing on the application shall be deemed to be the public meet- ing.Any person or public body wishing to make an oral presentation shall be given the opportunity. /uwe 1998 81.2 xurcxnwen 81.2.5 COMMITTEE OF ADJUSTMENT 81.3.1 81.2.5 Decision within 15 days-reasons written The Committee of Adjustment shall,within 15 days of decision to approve or refuse a consent application,provide a copy of the decision setting out the conditions of approval,if any,together with written reasons for the decision to the Regional Commissioner of Planning and Culture. 81.2.6 Provisional consent-change of conditions-consider Despite subsection 53(23)of the Planning Act,S.O.1995,the Committee of Adjustment shall, 14 days prior to consideration of a decision to change the condition(s) of a provisional consent, provide an explanation of the pro- posed change to the condition(s)and a request for comments to the Regional Commissioner ofPlanning and Culture and to the person or public body who may be affected by the change to the condition(s). 81.2.7 Provision consent-change of conditions decision Despite subsection 53(24)of the Planning Act,S.O.1995,the Committee of Adjustment shall,within 15 days of decision to approve or refuse a change to the condition(s)of provisional consent,provide a copy of the decision to the Regional Commissioner of Planning and Culture. 81.2.8 Appeal-copy to Regional Commissioner The Committee of Adjustment shall provide the Regional Commissioner of Planning and Culture with a copy of all appeals to the Ontario Municipal Board submitted under subsections 53(14),53(19)and 53(27)of the Plan- ning Pict, S.O. 1995. 81.2.9 Declaration-to Regional Commissioner The Committee of Adjustment shall,where there is no appeal,provide the Regional Commissioner of Planning and Culture with a copy of the Sworn Declaration issued under subsection 53(22)of thePlanningAct,S.O.1995. Article 3 REPEAL 81.3.1 By-law-previous By-law 87-169 [Chapter 81, City of Kitchener Municipal Code]is hereby repealed. By-law 95-11, which amended BY-law 87-169, is hereby re- pealed. By-law 95-47,27 March, 1995. KITCHENER 81.3 JUNE 1995