Minor Variances

Section 45(1) of the Planning Actstates that the Committee of Adjustment (Council) may authorize a minor variance from the provisions of the Zoning By-law. This authorization can occur “in respect of the land, building or structure or the use thereof, as in its opinion is desirable for the appropriate development or use of the land, building or structure, if in the opinion of the committee the general intent and purpose of the By-law and of the official plan, if any, are maintained.”

The Planning Act establishes four tests that the Committee must consider when arriving at a decision.

The Planning Act establishes four tests that the Committee of Adjustment must consider when arriving at a decision.

When evaluating an application for minor variance, Staff and the Committee of Adjustment (Council) must consider how the proposal meets the ‘four tests' of a minor variance. Each test must be met in order for the Committee of Adjustment (Council) to approve an application.

The Four Tests

1. The variance must be minor.

2. The variance must be desirable for the appropriate development or use of the land, building or structure.

3. The general intent and purpose of the Zoning By-law must be maintained.

4. The general intent and purpose of the Official Plan must be maintained.

Should you be interested in submitting an application for Minor Variance, you are highly encouraged to schedule a pre-consultation with planning staff.

• Minor Variance Application Form

Steps in the Minor Variance Process

1. Staff Receive and Review Application. Be sure everything is complete and check the Official Plan designation and Zoning policies. Review with the Planner and Chief Building Official.

2. Pay Fees. Fees must be submitted at the time of application. Fees for processing applications are required by the Township, Northumberland County, Lower Trent Conservation Authority OR Ganaraska Conservation Authority.

3. Public Meeting. A Public Meeting is to be scheduled no sooner than ten (10) days and the Notice of Decision is to be circulated to the following: Owner of property, property owners within 200 feet (approximately 60 metres) of the subject lands, and affected agencies.

4. Notice of Decision. If the Committee of Adjustment (Council) approves the Minor Variance, the Notice of Decision is to be sent within ten (10) days to the owner of property and any person or agency who requested, in writing, to be notified of the decision.

5. Appeal Period. There is a 20-day appeal period from the date of the decision made by Council.