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.

Page last updated on January 16, 2024