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 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.