A Guide to Minor Variances / Permissions 2025

1) 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.

2) Minor Variance Approval Process

Step 1: Pre-Application Consultation

Pre-Application Consultation is a separate application process where staff review your proposal, identify areas of non-compliance, determine the appropriate Planning Act application, and identify materials, studies, etc., required to form a complete application.

i) Objective: Identify zoning deficiencies, determine if a Minor Variance is appropriate, and outline submission requirements.
ii) Timeline: Typically scheduled within 1-2 weeks of request.
iii) Outcome: Staff will list the required documents and studies.

Step 2: Submission of Complete Application

Complete the application form and provide additional information staff identified as being required through your Pre-Application Consultation (if applicable). The application will then be reviewed by the Secretary Treasurer to ensure that the application is complete, and all the required information was provided.

i) Requirements: Application form, fees, planning rationale or presentation letter, deed, site plan and other documents or studies as identified in the pre-Application Consultation
ii) Timeline: Application is reviewed for completeness within 5 business days.

Step 3: Public Notice and Circulation

According to the Planning Act a public meeting must be held. Staff will issue a notice of your application to surrounding property owners and a sign will be posted on your property. If notice by mail cannot be completed (i.e. postal strike), the notice will be posted in the local newspaper.

i) Notice Requirements:

(1) Mailed to property owners within 60 metres and local agencies, and

(2) Posted on-site by the City’s contractor (and removed by them after the meeting).

(3) or posted in the local newspaper

ii) Timeline: Notice must be given at least 10 days before the public meeting.

Step 4: Public Meeting

The public meeting will be online via Zoom, for which a link to attend will be provided to you. You, or your consultant, will be responsible to provide an overview of your application or a presentation to the Committee. The president of the Committee will then open the floor for questions from the members of the Committee. Afterwards, any person having an interest in your application will be given the opportunity to make their views known. The Committee will make a decision to approve, deny or defer the application which may include conditions.

i) Format: Held by the Committee of Adjustment virtually via Zoom; applicant will present his file.
ii) Purpose: To gather public input and allow the Committee to ask questions.
iii) Options: Approve, modify, defer or refuse the application.
iv) Timeline: Typically held within 30 days after application is deemed complete.

Step 5: Notice of Decision and Appeal period

Staff will issue a notice of decision within 10 days of the decision. The Planning Act provides for a 20-day appeal period following the decision of the Committee. An appeal may be filed to the Ontario Land Tribunal (OLT) by the applicant, a specified person or a public body against the decision during this period. If no appeal is filed by the end of the 20-day appeal period, the decision is final and binding.

i) Notice of Decision: Issued within 10 days of the hearing/decision.
ii) Appeal Period: 20 days from the date of decision issuance.
iii) Appeal Body: Ontario Land Tribunal.

Step 6: Clearance of Conditions

Once the appeal period ends you should begin fulfilling all conditions (if any) attached to the decision. Once you have provided the City with the documentation to satisfy all conditions, the Planner will confirm accuracy and advise on next steps (i.e. obtaining a building permit).

i) If no appeal: Decision becomes final and binding.
ii) Applicant: Must fulfill any conditions imposed by the Committee.
iii) Timeline: Varies depending on conditions.

Step 7: Finalization

i) If no appeals are filed, the by-law amendment comes into effect.
ii) If appealed, the matter proceeds to a hearing before the OLT.

3) 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.

4) What if the Committee of Adjustment denies my minor variance application?

In accordance with Section 45 of the Planning Act, you can appeal the decision and/or conditions to the Ontario Land Tribunal (OLT). The last day for filing an appeal will be identified on the Notice of Decision. A “Notice of Appeal” setting out in writing the supporting reasons for the appeal should be received on or before the last date for “Appeal” accompanied by a completed Ontario Land Tribunal Appellant Form, and by the fee charged under the Ontario Land Tribunal Act, 2021, payable by certified cheque to the Minister of Finance, Province of Ontario. Please refer to the Tribunal’s website for an appellant form, fee, and more information on filing an appeal: https://olt.gov.on.ca/.

5) 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 https://www.clarence-rockland.com/en/hotel-de-ville/by-laws-and-policies.aspx#User-fees-2024-118
• 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.

6) Process summary

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).