Minor Variance


What is a Minor Variance?

A minor variance is a small variation from the requirements of the zoning by-law. A minor variance approval is a certificate of permission, because it allows the property owner to obtain a building permit even though their property does not comply precisely with the zoning by-law. Under Section 45(1) of the Planning Act there are four tests a minor variance must meet:

• Is the application minor?

 • 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.

What is the Committee of Adjustment?

The Committee of Adjustment is a quasi-judicial body appointed by Council and in Brockton consisting of all members of Council who make decisions on minor adjustments to the Zoning By-law. The Committee of Adjustment functions independent of Council and decisions of the Committee are final. 

When Do I Require a Minor Variance?

A minor variance might be required when:

• provisions of the zoning by-law can’t be met by new construction

• an addition is proposed for a legal non-complying building

• creating new undersized lots through Consent

• legalizing the property prior to sale

How Do I Apply for a Minor Variance?

Bruce County is the Planning Authority for the Municipality of Brockton and will process the Minor Variance Application on our behalf.