The Committee of Adjustment is authorized to consider Applications for Minor Variances from a Zoning By-law under Section 45 of the Planning Act.

Minor Variances are often necessitated by circumstances peculiar to a property which prevent the owner from developing it in a way which conforms to a Zoning By-law. Examples of Minor Variance Applications include requests for relief from the building setbacks, building height, driveway width, accessory structure floor area and parking provisions of a Zoning By-law.

The Committee is authorized to grant a minor variance if all of the following criteria, commonly referred to as the “four tests,” are met:

• The variance is minor;
• The variance is desirable for the appropriate development or use of the property;
• The general intent and purpose of the Zoning By-law is maintained;
• The general intent and purpose of the Official Plan is maintained.

The Committee will refuse an application if, in its opinion, one or more of the above criteria have not been met.

The Committee does not change the zoning of a property. In such cases, property owners may wish to make an application for a Zoning By-law Amendment.

How to File a Minor Variance Application

To apply for a minor variance from a Zoning By-law, you will need to fill out an application form [pdf] and submit it to the Committee of Adjustment office, along with the appropriate fee(s) and submission requirements as outlined on the application form.