Minor Variances and Consents

A minor variance is required for projects that make small changes to the Township's Zoning By-law. Consents and severances involve dividing property, validating titles, creating an easement or right of way, and adjusting lot lines. The Committee of Adjustment provides approvals for both processes.

Minor Variances

A variance is a minor change to the Zoning By-law for a specific property. The Committee of Adjustment may approve a variance if:

• It maintains the intent of the Official Plan and the Zoning By-law
• The proposed development will be appropriate
• The variance is minor

An example of a minor variance could involve a homeowner who wants to construct an addition 6m from the rear lot line but the Zoning By-law requires a minimum rear yard of 7.5m. In order to construct the building 6m from the rear lot line, the owner requires Committee of Adjustment approval.

Legal Non-Conforming Use

The Committee of Adjustment may also approve minor changes to a legal non-conforming use. A legal non-conforming use is one that is not recognized in the Zoning By-law, but lawfully existed on the day the Zoning By-law was passed.

A legal non-conforming use should cease to exist in the long run and should be replaced by a use that conforms to the Zoning By-law and the Official Plan. Given the use already exists, the Planning Act gives the Committee of Adjustment some additional powers regarding the enlargement and expansion and variations to existing legal non-conforming uses.

Changes to the Zoning By-law that are beyond the limited scope of the Committee of Adjustment must be considered through the zone change/amendment process.

Consents and Severances

The Planning Act stipulates that consent must be granted before a parcel of land can be divided to create an additional lot(s). This process is referred to as land severance. Controlling the division of land through "severance" gives the Township a mechanism for ensuring that the creation of lots is consistent with the planning policies of the Province, Region and the Township.

Consent of the Committee of Adjustment is required to:

• Divide/sever property for the purpose of selling it
• Validate title
• Lease land for a period over 21 years
• Establish a right of way
• Create an easement
• Adjust a lot line

Applying for a Minor Variance or Consent

The Committee of Adjustment meets the first Wednesday of every month. Applications are due a minimum of twenty-five calendar days prior to a meeting.

More details on the application process can be found on our Start a Development Application page.

To learn more about development approvals, including Minor Variances and Consents, please visit the Province of Ontario's Citizens' Guides to Land-use Planning page.