Minor Variances

Individuals that own land, buildings or structures can apply to the Committee of Adjustment to have a minor variance authorized. Staff review the application and can recommend approval to the Committee if the proposal meets general intent and purpose of our Zoning Bylaw and Official Plan, is desirable for the development of the site and is minor in nature.

What is a Minor Variance?

If a proposed use does not conform to a municipal by-law but follows its general intent, the owner may apply for a minor variance. A minor variance does not change the by-law, but allows the owner to vary from a specific requirement of the by-law in order to obtain a building permit.

What is a Legal Non-Conforming Use?

A legal non-conforming use is a use that is not recognized in the Zoning Bylaw but which lawfully existed on the day the zoning bylaw was passed (September 4, 2012). In Ontario, these uses have a right to continue and cannot be "zoned" out of existence.

When do I need a Minor Variance Application?

If an owner wants "permission" to enlarge, extend, or change a legal non-conforming use, the owner of any land, building or structure or any person authorized in writing by the owner may apply to the Committee of Adjustment for a minor variance to one of the following municipal bylaws:

• Zoning Bylaw 61-16
• Sign Bylaw 121-08
• Fence Bylaw 54-03

Minor variances may be granted provided that, in the opinion of the Committee:

• The request is minor in nature,
• It is desirable for the appropriate development or use of the land, building or structure, and,
• The general intent and purpose of the Zoning Bylaw and the Official Plan are maintained.

Application Process for Minor Variances

1. Pre-application consultation
2. Preliminary proposal review
3. Submit the Minor Variance Application and/or Sign Variance Application and applicable fees (four weeks before scheduled public meeting deadline)
4. Application circulation to staff/agencies
5. Posting of Public Meeting sign (14 days prior to the Public Meeting)
6. Notices of Public Meeting mailed (land owners within 60 m of the property)
7. Committee of Adjustment Meeting and Decision (sent within 10 days)
   • Third party appeal of Ontario Municipal Board (within 20 days)
8. Decision final and binding
9. Satisfying conditions (if required)