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Minor Variance, Rezoning or Compliance? What Your Project Needs
Before a building permit can be issued, your design has to meet your zoning by-law, or get approval to depart from it. There are three paths, and knowing which one you are on saves time and money.
Path 1: your design fits the zoning
If the design meets every zoning requirement, you can go straight to the building permit. A zoning review confirms this before you commit to drawings.
Path 2: a minor variance
A minor variance is a small departure from a zoning requirement, approved by your municipality’s Committee of Adjustment. Under the Planning Act, the request is generally measured against four tests:
- It maintains the general intent of the official plan
- It maintains the general intent of the zoning by-law
- It is desirable for the appropriate development or use of the land
- It is minor
Path 3: rezoning
Larger changes, such as a different permitted use, may need a zoning by-law amendment. This usually takes longer and costs more than a minor variance.
Practical tips
- Check zoning before designing, not after
- Design to minimise the number and size of variances
- Talk to neighbours early, because their feedback matters
- Do not start work that depends on a variance until it is granted and any appeal period has passed
- Allow for hearing calendars, which vary by municipality
We can run a zoning review to help you decide your next step. This is general information, not legal advice.
Let’s talk about your project
Tell us what you have in mind, big or small. We will listen, answer your questions honestly and explain what is likely to be involved. No pressure and no obligation, and you are always welcome to stay in touch.
LA Design Inc. (operating as LA Architects & Partners) · 111 Valleymede Dr, Richmond Hill, ON