Condominiums

Technical review

Once your application is deemed complete, the Planning Division will circulate your application to other City departments and applicable external agencies for review and comment.

Public notice

Common elements or vacant lands condominiums require a public hearing and notice will be given to property owners within 120 metres of your proposed development.

Public hearing

Draft approval of condominium applications are made by the Planning Advisory Committee. The Committee may ask you to explain the proposal and answer any questions during the hearing/meeting. The Committee will also invite other parties to speak in support of, or in opposition to, the application.

Committee decision and appeal period

The Committee considers the Planner’s report and the opinion of public delegations and may render a decision, adjourn the application or reserve its decision.

The Committee’s decision will be issued within 10 days of the hearing. This decision can be appealed to the Ontario Land Tribunal, in accordance with their requirements. If you want to learn about appeal rights, see our Key Planning and Development Topics page.

Get involved

If you, as a member of the public, would like to get involved, you can:

• Submit written comments to the Secretary-Treasurer of the Committee
• Attend the Planning Advisory Committee public hearing
• Make a presentation when the proposed minor variance is presented for review at a public hearing.

If you decide to present, be prepared to come with information about how you believe the proposal impacts you. It is important to note that the Committee is not mandated to deal with:

• Private disputes between neighbours
• Demolition and construction related activities
• Forestry and urban tree issues, including tree cutting and removal
• Rights to a view
• Capacity of municipal services
• Grading and drainage issues

Under the Planning Act, only the applicant, the Minister, a specified person or public body who made submissions, or the municipality can appeal a decision of the Planning Advisory Committee to the Ontario Land Tribunal.

Standard condominium

Standard condominiums consist of both units and common elements.

Common elements condominium

A common elements condominium consists only of common elements (e.g. a laneway or a golf course), with no units. Owners enjoy the common elements and jointly fund their maintenance and repair through the payment of common expenses. Public consultation is required.

Vacant land condominium

A vacant land condominium is when common elements and units are created, but no buildings or structures have been constructed at the time of registration of the condominium plan. This type of condominium provides flexibility for unit buyers to choose their own building design, while still benefiting from common services/facilities. Public consultation is required.

Phased condominium

A phased condominium allows individually owned units and common elements to be added to a condominium corporation in phases, over a maximum of 10 years. New units or common elements can be added without Planning Act or Condominium Act approval. A phased condominium can assist developers with completion of sales of units while other areas of the development are still under construction. Public consultation is not required.

Leasehold condominium

In a leasehold condominium, the land is not owned by the condominium corporation. Lease purchases buy a leasehold interest in units and common elements, but do not own the land. The lease term must be between 40 and 99 years, so there are many advantages of owning a freehold condominium. You can sell, transfer, mortgage and take other actions with your unit without asking the landowner for permission. Public consultation is not required.

If someone objects, is my application automatically refused?

No. The Kenora Planning Advisory Committee weighs all evidence presented at the public hearing and makes a decision on that basis. The Committee must also find your proposal desirable from land use and development perspectives. Conformity with the general intent of approved planning documents, such as the Official Plan and Zoning By-law, is also essential.

Do I get my money back if my application is refused?

No. Staff time and costs are incurred regardless of the outcome.

What can I do if my application is turned down?

You can file an appeal to the Ontario Land Tribunal. You have 20 days following the date of the notice of the Planning Advisory Committee's decision is issued to file an appeal with the Secretary-Treasurer. The City charges a processing fee in accordance with the Tariff of Fees By-law.

What if my application is approved and my neighbour strongly objects?

Members of the public no longer have the right to appeal the decision. Only the applicant, the municipality, a public body, a specified person under the Planning Act, and the Minister may appeal these decisions.

Are condominiums a form of subdivision?

Yes. Condominiums are a form of property ownership in which title to a unit, such as an individual residence or an apartment in a high-rise building, is held by an individual together with a share of the rest of the property, which is common to all of the owners.