Minor Variances

A minor variance or permission to change or expand legal non-conforming uses is necessary if you wish to construct, renovate, or alter a building in a way that does not meet the Town's Zoning By-law requirements. Minor variance approval is subject to the Decision of the Committee of Adjustment.

Here are a few examples of Minor Variances:

• front, rear, and side yard lot lines from the building (including porches, decks or balconies) are less than required
• changes to required lot area or lot coverage
• a building or accessory height requirement
• if you wish to expand or change use that is considered "legal non-conforming."

The Committee of Adjustment must ensure that the minor variance will not harm the surrounding area. They must also ensure that it is genuinely a MINOR request for change. Anything not considered "minor" must proceed through the Zoning By-law Amendment process. Town Council directly handles this process.

A minor variance or permission to construct is necessary if you wish to get a building permit to build, renovate, or alter a structure in a way that does not meet the requirements of the Town's Zoning By-law 129-90.

Example: If you wish to build an addition to the rear of your house that comes as close as 6 metres (20 feet) to your rear lot line. The Zoning By-law requires a rear yard of 7.6 metres (25 feet), then you would have to apply for a "minor variance" from the By-law. A minor variance is also necessary if you wish to expand or change a use that is considered "legal non-conforming."

Before applying, we recommend that you speak to a staff member in the Planning Department for their comments on your proposal. In addition, the Planning Department provides the Committee of Adjustment with comments on applications. Therefore, it is best to work with the Planning Department to reduce potential problems.

The Minor Variance Application

When the Committee of Adjustment considers a variance application, the four tests prescribed by Sec. 45(1) of the Planning Act are applied to determine if the variance should be approved. The four tests are:

• Is the application minor in nature?
• Is it appropriate and desirable development for the area?
• Is it in keeping with the purpose and intent of the Zoning By-law?
• Is it in keeping with the purpose and intent of the Official Plan?

Below is a short video outlining the minor variance process.

The Committee of Adjustment hearing will take approximately a MAXIMUM OF 30 DAYS from the day your application is submitted to Town Staff.

You will receive a verbal decision on the night of the hearing.

This will happen unless the Committee of Adjustment needs further information before making a proper decision. Then, a written decision will be sent to you within fifteen (15) days of the hearing date.

The Committee's decision is subject to a 20-DAY APPEAL PERIOD. During this time, select parties, who are unsatisfied with the decision may appeal to the Ontario Land Tribunal (OLT). If no appeals are received within the 20-day period, the Committee's decision is considered final.

(a) Valid objections based on the four tests of a minor variance from neighbours.

(b) Negative comments from one or more departments or agencies such as:

• Planning
• Building
• Fire
• Engineering
• Niagara Parks Commission
• Region of Niagara (Planning, Private Sewage Systems, Archaeological Potential)
• Niagara Peninsula Conservation Authority
• Other outside agencies

A variance approval may contain various conditions, including:

• approvals from outside agencies,
• sediment control,
• or any other condition that the Committee feels is appropriate.

Every variance approval will contain the condition that there is a 20-day appeal period before a building permit can be issued.

Select parties can appeal to a higher authority - the Ontario Land Tribunal (OLT). You have twenty (20) days following the date the Committee of Adjustment decision is made to file an appeal with the Secretary-Treasurer.

An appeal to the Ontario Land Tribunal (OLT) must be accompanied by a fee of $400.00 payable to the Minister of Finance. The entire matter is removed from the Committee's jurisdiction if an appeal is received. The Ontario Land Tribunal (OLT) then arranges for a new hearing, which may take up to six (6) months or more to schedule. The decision of the Ontario Land Tribunal (OLT) is considered final. Ontario Land Tribunal Website.

No, the Committee of Adjustment must weigh all the evidence presented at the public hearing and will decide on that basis. The Committee must also find your request meets the four (4) tests of the Planning Act under Sec. 45(1) as follows:

• Is the application minor in nature?
• Is it appropriate and desirable development for the area?
• Is it in keeping with the purpose and intent of the Zoning By-law?
• Is it in keeping with the purpose and intent of the Official Plan?

The decision of the Committee is subject to a 20-day appeal period and may be appealed by the applicant, the Minister of Municipal Affairs and Housing, a “specified person” (as defined by Planning Act 1(1)), and any “public body” (as defined by Planning Act 1(1)).