Minor Variance

What is a Minor Variance?

A minor variance is a small variation from the requirements of the Zoning By-law. A minor variance approval is a permission that allows the property owner to obtain a building permit even though the property does not comply precisely with the Zoning By-law. Under Section 45(1) of the Planning Act, there are four tests a minor variance must meet:

• 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?

It is important to note that, to consider any application a minor variance, it must meet all four tests.

Who is the Committee of Adjustment?

The Committee of Adjustment is a committee appointed by the Municipal Council and is independent and autonomous from the municipal administration. It derives its jurisdiction from the Planning Act of Ontario. The Committee's mandate is to hear applications for "Minor Variance" where a requirement of the Zoning By-law cannot be met under Section 45 of the Planning Act.

The Committee of Adjustment and its application process are separate and apart from the other municipal development approval process and as such has its own application forms. However, different approval processes can be occurring at the same time.

Approval Process for a Minor Variance

For information concerning the approval process, please contact the Planner at 613-632-0106, extension 2231 or at mbelle-isle@hawkesbury.ca.

Forms

• Application Form for a Minor Variance