My neighbour has altered the grading on their lot and now water from their lot is entering my property OR My neighbour has altered the grading on their lot and has blocked the drainage coming from my property.
How do I appeal the Committee of Adjustment decision?
Who is involved in the review of an application for draft plan approval?
What is 'assumption' of a subdivision?
What documentation is required for a minor variance application?
How often does the Committee of Adjustment meet?
How do I get my curb deposit back?. The developer/builder told me that he/she will not return my deposit until the City releases the developer/builder security.
Where can I see a list of Development Charges?
How long does it take to receive draft plan approval?
Why do I need to apply for a minor variance?
Where can I obtain a Municipal Address or Rural numbering sign for my new home?
I live in a newly constructed subdivision and have several construction concerns, such as schedule of completion, cleanliness of roads, leaky water shut-off valve, etc.
I am a new homeowner or potential buyer of new home & would like to look at plans to see where utility boxes or sidewalks will be located.
I live in a new subdivision. When will my lot grading be completed?
How do I obtain information on Official Plan Amendments?
How long will I have to wait after the Committee of Adjustment decision before I can obtain a Building Permit?
I just moved into a new home and I would like to find out my postal code, how can I do this?
What if I don’t agree with the Draft Plan Proposal?
Can I alter the grading on my property by either raising or lowering the grades?
Who is responsible for the cleaning of rearyard catchbasins in a residential subdivision?
How do I obtain information on Site Plans?
How are streets named in the City?
Where can I pick up a Subdivision Application or a Part Lot Control Application?
Who receives notice of a minor variance application?
Who do I contact for Zoning Amendments?
My neighbour has altered the grading on their lot and now water from their lot is entering my property OR My neighbour has altered the grading on their lot and has blocked the drainage coming from my property.
This is typically a private matter between homeowners. The City has no jurisdiction over grading or drainage matters on private property unless the property is currently under subdivision control and a grading certificate has not been issued for the property in question.
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How do I appeal the Committee of Adjustment decision?
If you are dissatisfied with the decision you may, during the 20 day appeal period, deliver personally to the Secretary-Treasurer or send by registered mail a notice of appeal to same, with reason for appeal, together with a cheque in the amount of $225.00 made payable to "The Minister of Finance". Staff then forward all necessary material to the Ontario Municipal Board. The Office of the Ontario Municipal Board will notify you of a hearing date at which time you must attend.
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Who is involved in the review of an application for draft plan approval?
Draft plan proposals are circulated to various agencies including the municipality it is located in for formal comments and recommendations.
The draft plan application is reviewed by municipal engineers and planners, and public and separate school boards for conformity to Official Plans and Provincial Guidelines and Policies. It is also reviewed by all of the local utility companies (gas, hydro and cable tv, etc.), Canada Post, railway companies and the Conservation Authorities.
A formal Public Meeting is held to obtain the views and opinions of the surrounding residents.
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What is 'assumption' of a subdivision?
Assumption is a term used to describe the process of the City taking over responsibility for all municipal works in a new development, including sanitary and storm sewers, roads and sidewalks
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What documentation is required for a minor variance application?
You will be required to fill out an application form. The application form must be accompanied with plans of any proposed construction, as well as an up-to-date survey plan or a scaled and dimensioned site plan. A fee, as prescribed, must be submitted with the application and this fee is non-refundable, regardless of the outcome of your application.
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How often does the Committee of Adjustment meet?
The Committee meets twice per month for properties in the urban areas, and once per month for properties in the rural area.
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How do I get my curb deposit back?. The developer/builder told me that he/she will not return my deposit until the City releases the developer/builder security.
Curb deposits or any other deposits made to a developer/builder are private transactions between the purchaser and the developer/builder. Under the City subdivision agreement, the City retains a security deposit from the subdivider for damages to curbs and sidewalks as a result of poor workmanship or deficient materials. The security deposit retained by the City is not related to the agreement between the homeowner and builder.
It is important to review the terms of the purchase sale agreement between homeowner and builder to determine under what terms the curb deposit will be refunded back to the homeowner.
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Where can I see a list of Development Charges?
Visit the City of Hamilton Development Charges webpage to find information about fees and determine if they apply to you.
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How long does it take to receive draft plan approval?
The Ontario Planning Act establishes time frames that municipalities must adhere to. Once an application has been deemed complete, the Planning Act requires the approval authority to make a decision within 90 days. If not, the applicant can appeal the application to the Ontario Municipal Board.
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Why do I need to apply for a minor variance?
You may wish to obtain a Building Permit to construct a new building, or alter or renovate an existing building, and find upon application for a permit that the requirements of the Zoning By-law may not be met. Due to special circumstances, it might be found unsatisfactory for you to alter your plans to meet the requirements of the Zoning By-law. In this case you may wish to make application to the Committee of Adjustment for minor variance from the Zoning By-law. If the Committee of Adjustment is satisfied that your request is minor and necessary, and that the intent of the Zoning By-Law and the Official Plan will be maintained, your application will be granted. In some cases, proposed non-compliance with the Zoning By-law may be to such an extent as to be beyond that of a minor variance and not within the jurisdiction of the Committee of Adjustment. In these instances, a Zoning By-law Amendment should be sought.
For additional information on Minor Variances please refer to Committe of Adjustment in the City of Hamilton.
Should you have any doubt as to which process would be appropriate you may wish to discuss the matter with staff from the Development Division, Planning & Development Department, at (905) 546-4221.
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Where can I obtain a Municipal Address or Rural numbering sign for my new home?
Please contact the Planning Technician in Planning at (905) 546-2424 ext. 4348.
You can also obtain Emergency 911 signs (the green or blue signs placed at the end of your lane in rural areas) by calling (905) 546-2424 ext. 5473.
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I live in a newly constructed subdivision and have several construction concerns, such as schedule of completion, cleanliness of roads, leaky water shut-off valve, etc.
Any questions related to the construction activities in new subdivisions may be referred to the Development Co-ordinator assigned to the specific area.
For more information, contact:
(905) 546-2424x7860
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I am a new homeowner or potential buyer of new home & would like to look at plans to see where utility boxes or sidewalks will be located.
Sidewalk and utility boxes must be located throughout the subdivision in order to provide services to all homeowners. Plans are available in the Planning and Economic Development Department for public viewing (caveat emptor) - these locations are proposed and may be changed by the Developer, without notice prior to final approval of the plans by the City.
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I live in a new subdivision. When will my lot grading be completed?
The subdivider is required to complete the lot grading on your property within six months after the insulation inspection approval date of your house. If that date falls after November 1 and before June 15 following, then the grading shall be completed by June 15 of the same year as the said June 15 falls.
For additional information on Lot Grading please refer to
A Homeowner’s Guide to Lot Grading & Drainage.
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How do I obtain information on Official Plan Amendments?
Official Plan Amendment information is handled through the Development Planning Section of the Development Division, Planning and Development Department. Inquiries may be directed to a planning representative based on district:
East District (Wards 3, 4, 5, 6, 9, 10 and 11)
Telephone: (905) 546-2424 x1355
West District (Wards 1, 2, 7, 8, 12, 13, 14 and 15)
Telephone: (905) 546-2424 x2799
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How long will I have to wait after the Committee of Adjustment decision before I can obtain a Building Permit?
If your application has not been tabled for further information, then 1 week after the hearing a decision will be mailed to you, some City Departments and any interested parties who appeared at the hearing. The decision is subject to a 20 day appeal period from the date of the meeting at which the decision was made. During this period, you or any interested party has the right to appeal the decision to the Ontario Municipal Board. At the end of the appeal time period, the decision is final and binding if there has been no appeal.
Once the decision is final and binding, a Building Permit may be obtained from the:
Building Division
Planning & Economic Development Department
77 James Street North, Suite 400 (Hamilton City Centre)
Hamilton, Ontario, Canada L8R 2K3
Telephone: (905) 546-2720
Fax: (905) 546-2764
E-Mail: building@hamilton.ca
Office Hours: Monday to Friday, 8:30 a.m. to 4:30 p.m.
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I just moved into a new home and I would like to find out my postal code, how can I do this?
Postal codes are determined by Canada Post. If there are existing homes, you may be able to search their address on www.canadapost.ca. If you are not able to find the postal code, you'll need to contact the Canada Post Planning Office in London, Ontario at 1-519-646-5214.
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What if I don’t agree with the Draft Plan Proposal?
Under the Ontario Planning Act, you can appeal a proposed decision to approve the proposal to the Ontario Municipal Board. However, the Planning Act stipulates that you must set out land use planning grounds for the appeal, make an oral submission at the Public Meeting or make a written submission before the decision was made, and pay the Board’s processing fee.
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Can I alter the grading on my property by either raising or lowering the grades?
It is recommended that you do not modify the grading or drainage patterns on your property. However, if you decide to alter the grading, you may be leaving yourself exposed to private civil action from a neighbouring property owner that may be affected and/or have experienced property damage as a result of any modifications you may have made to your property.
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Who is responsible for the cleaning of rearyard catchbasins in a residential subdivision?
Once the subdivision has been assumed, the responsibility of cleaning and maintaining the rearyard catchbasin belongs to the owner of the property. Any maintenance prior to assumption is the responsibility of the developer.
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How do I obtain information on Site Plans?
Site Plan information is handled through the Development Planning Section of the Development Division, Planning and Development Department. Inquiries may be directed to a planning representative based on district:
East District (Wards 3, 4, 5, 6, 9, 10 and 11)
Telephone: (905) 546-2424 x1355
West District (Wards 1, 2, 7, 8, 12, 13, 14 and 15)
Telephone: (905) 546-2424 x2799
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How are streets named in the City?
The naming of streets is the responsibility of each municipality. Generally, the land developers submit a list of street names they wish to use in their developments. These street names are then circulated to the fire, police and ambulance services to make sure that the street name is not already in existence, offensive, or difficult to spell or pronounce. Most municipalities maintain a reserve of street names they wish to use. These names often have a historical significance or represent a theme such as names of birds.
For more information,call:
(905) 546-2585
or (905) 546-4348
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Where can I pick up a Subdivision Application or a Part Lot Control Application?
Applications for all of the 6 former communities of Hamilton can be picked up in the Development Division of Planning and Development at Suite 400 of the Hamilton City Centre (77 James Street North).
If you have questions about either application, you may call a Development Clerk based on District. The Development Clerk will put you in contact with a Development Planner:
East District (Wards 3, 4, 5, 6, 9, 10 and 11)
Telephone: (905) 546-2424 x1355
West District (Wards 1, 2, 7, 8, 12, 13, 14 and 15)
Telephone: (905) 546-2424 x2799
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Who receives notice of a minor variance application?
The Secretary-Treasurer of the Committee of Adjustment will send out an explicit notice of your proposal to all assessed owners of land within 60 m (200 ft) of your property at least 10 days in advance of a public hearing. This notice is also sent to a number of City Departments, other agencies, and your Ward Councillor.
You are also notified of the time and place of the hearing, at which time you must attend to make a verbal presentation of your case. Any interested parties may also attend the hearing to make representations and you will have the right to rebuttal should you so desire. After hearing the application, the Committee of Adjustment can make a decision.
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Who do I contact for Zoning Amendments?
Zoning Amendments are handled through the Development Planning Section of the Development Division, Planning and Development Department. Inquiries may be directed to a planning representative based on district:
East District (Wards 3, 4, 5, 6, 9, 10 and 11)
Telephone: (905) 546-2424 x1355
West District (Wards 1, 2, 7, 8, 12, 13, 14 and 15)
Telephone: (905) 546-2424 x2799
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