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Minor Variances

Individuals that own land, buildings or structures can apply to the Committee of Adjustment to have a minor variance authorized.

What is a Minor Variance?

If a proposed use does not conform to a municipal bylaw but follows its general intent, the owner may apply for a minor variance. A minor variance does not change the bylaw but allows the owner to vary from a specific requirement of the by-law 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 need to make this page
  • Sign Bylaw (PDF)
  • Fence Bylaw (PDF)

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
  • The general intent and purpose of the Zoning Bylaw and the Official Plan are maintained

Application Process for Minor Variances

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

To get started, contact the County of Brant. 

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