Guide to Minor Variances and Permissions

Introduction

Municipalities in the Province of Ontario establish standards to achieve orderly and safe development within their communities that are set out in Zoning By-laws. A Zoning By-law governs the types of uses permitted on a property and includes (but is not limited to) minimum development requirements such as setbacks, lot coverage, building height, gross floor area etc. The Minor Variance application process is a means to seek relief through the Committee of Adjustment when a building or structure cannot conform exactly to the requirements of the Zoning By-law. This process may also be used to rectify an existing non-compliant situation.

Minor Variance Approval Process

Minor Variance Tests

The powers of a committee of adjustment are set out in subsections 45(1) and 45(2) of the Planning Act which are to: grant a minor variance from the provisions of a by-law; permit the enlargement or extension of a legal non-conforming use; or permit the use of any land, building or structure which, in the opinion of the committee, conforms with the uses in the by-law.

An application for a minor variance from the provisions of the by-law is subject to a fourfold test which requires consideration of whether:

  1. The general intent and purpose of the County and City’s Official Plans are maintained.
  2. The general intent and purpose of the City’s Zoning By-law is maintained.
  3. The application is appropriate for the development of the land and/or building.
  4. The variance is minor in nature.

The Committee must consider whether all four requirements under subsection 45(1) have been met.

For applications to extend a legal non-conforming use under subsection 45(2), the consideration is to be based upon the following tests:

  1. whether the application is desirable for appropriate development of the subject property; and,
  2. whether the application will result in undue adverse impacts on the surrounding properties and neighbourhood.

There is no basis for distinguishing at law between nonconforming land, buildings or structures (where the use is no longer permitted) and noncomplying land, buildings or structures (where the performance standards are no longer met). Both are equally protected under subsection 34(9) of the Planning Act and the common law. Note that it is the applicant’s responsibility to prove that the building/structure subject to the application was established legally.

Additional Information

  • The Committee of Adjustment schedules a meeting only when a file is submitted.
  • The application fee is non-refundable. Refer to the User Fee By-law for current fees.
  • You may wish to notify your neighbours of your application well in advance of the hearing and you may request that they submit a letter of support for Committee to consider.
  • It is beneficial (especially during periods of hazardous access conditions) to provide staff with site photos in case staff or Committee members are unable to conduct a site visit.
  • Without disturbing the area, you may wish to identify where the proposed building or structure will be located on the property using markers, stakes, or a chalk line.
  • Please note that if you are present while Committee members are conducting their individual site visits, they will not be able to give advice or discuss the potential outcome of your application.
  • Notice sign(s) will be installed by the City’s contractor and removed by them. The signs cannot be moved or removed by you.

Process summary

StageTimeline
Pre-Application MeetingWithin 1-2 weeks of request
Application Review5 business days
Public NoticeAt least 10 days before meeting
Committee Decision
Within 30 days of complete app.
Appeal Period20 days after decision

The total processing time, from the submission of a complete application to the decision becoming final is approximately 6 – 10 weeks, assuming no appeal to the Ontario Land Tribunal (OLT).