Minor Variances

What is a Minor Variance?

A minor variance approval is a certificate of permission that allows a property owner to obtain a building permit even though their development proposal does not comply precisely with the zoning by-law. You should apply for a minor variance if you are requesting a small variation from the requirements of the zoning by-law. There are four tests a minor variance must meet under Section 45(1) of the Planning Act:

• Is the application minor?
• Is the application desirable for the appropriate development of the lands in question?
• Does the application conform to the general intent of the Zoning By-law?
• Does the application conform to the general intent of the Official Plan?

Approval

The Committee of Adjustment holds hearings under the Planning Act with respect to minor variances. The committee is authorized to grant a minor variance if in the opinion of the committee the request satisfies every one of the four tests outlined in the Planning Act.

When Do I Require a Minor Variance?

A minor variance might be required when:

• provisions of the zoning by-law can't be met by new construction
• an addition is proposed for a legal non-complying building
• creating new undersized lots through Consent
• legalizing the property prior to sale