Minor Variance
A minor variance is an application to vary the requirements of the zoning by-law. The Town's Committee of Adjustment for Minor Variances considers Minor Variance applications for approval. A minor variance allows the property owner to obtain a building permit even if their development proposal does not comply precisely with the zoning by-law. Under Section 45(1) of the Planning Act, a minor variance must meet four tests:
- Is the application minor in nature?
- 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.