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.