COMMITTEE OF ADJUSTMENT MINOR VARIANCE

The Committee of Adjustment: Minor Variance

The Committee of Adjustment is appointed by Town Council to make decisions on minor variances, alterations to legal non-conforming uses and consents or severances. Two alternatives the Committee of Adjustment considers in allowing some variation to the existing planning policies and by-laws are:

  • Minor Variances from the provisions of a zoning by-law:

If a minor variance is granted, a development can proceed without conforming exactly to the zoning by-law. Without minor variances, each time a proposed land use did not exactly meet the provisions of the zoning by-law, the applicant would have to undergo the more onerous and detailed process of a formal amendment to the zoning by-law.

  • Enlargement, extension or alteration of legal non-conforming uses of land, buildings or structures:

"Legal non-conforming use" refers to land, buildings or structures which existed before the enactment of a zoning by-law which controls the use of land and buildings and regulates the height, bulk, location, size, floor area, spacing, character and use of buildings or structures. When existing uses do not conform to the regulations in a new zoning by-law, their prior legal existence ensures their continuation as a lawful use. The intention is allow the possibility of some variation to legal non-conforming uses without the much more elaborate requirement of a zoning by-law

Key Steps
  • Pre-consultation with staff and applicant
  • Submit complete application and fee
  • Circulated to dept/agencies; report prepared
  • Public Hearing; Report reviewed by Committee of Adjustment
  • Decision made
  • Appeal period
  • Decision final and binding

Please see "Procedures" on cover of application for detailed steps followed and timing.
Applicant’s Roles and Responsibilities:

Each person and/or agency has defined roles and responsibilities. An Application will move through the process quickly if the applicant:

  • submits a "complete" application and a minor variance and/or severance request(s) which conforms to established policies at the local, regional and provincial levels;
  • has formulated a proposal with an understanding of existing standards;
  • provides full and reasonable information throughout the process; and
  • sets out the purpose for the application, including an assessment of any impacts (positive or negative) on the affected neighbourhood, community and/or Town.
Evaluation Criteria

Applications are evaluated based on planning considerations established in provincial or local legislation and regulations.

For variances, the request must:

  • be minor;
  • be desirable for the appropriate development or use of the land, building or structure; and
  • maintain the general intent and purpose of the zoning by-law and Official Plan.

For enlargement, extension or alteration of legal non-conforming uses of lands, buildings or structures, four considerations are:

  • the use has been continuous;
  • the expansion is on the property originally owned;
  • there are no new separate buildings; and
  • there is no adverse impact such as increased traffic, noise or vibration
Submission Requirements

Please consult with the Town’s Planning staff by calling 623-4231 before submitting an application. The basic submission requirements include:

  • a complete application form and fee(s);
  • a deed for the subject property; and
  • all required drawings.