A Minor Variance is a formal approval given by the Township, under the authority of the Planning Act, that allows a property to be granted certain exceptions to the existing requirements of the Zoning By-law. These exceptions could be related to aspects such as building sizes, height, setbacks, lot coverage, and more. When a proposed project does not, or cannot, fully comply with the regulations of the Zoning By-law, but the deviation is minor and does not negatively impact surrounding properties, the owner may consider applying for a Minor Variance.
Applications for Minor Variances are reviewed by the Township's Committee of Adjustment, which evaluates factors such as compatibility with the neighborhood, impact on adjacent properties, and whether the request maintains the general purpose of the Zoning By-law and the County of Wellington's Official Plan.
To be considered a Minor Variance, the proposal must meet the four tests outlined in Section 45(1) of the Planning Act:
- Is the application minor in nature?
- Is the application desirable for the appropriate development of the land, building or structure 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?
A Permissions Application is a formal request made to a municipality’s Committee of Adjustment to allow the expansion or extension of a legal non-conforming use (i.e., a property use that was lawfully established under previous zoning rules that no longer complies with current Zoning By-law). Rather than requiring the use to cease, the Planning Act permits property owners to apply for permission to enlarge or modify the existing use, provided the changes are reasonable and appropriate.
To be considered appropriate for a Permissions Application, the proposal must meet the statuatory tests under Section 45(2) of the Planning Act:
- Is the application desirable for the appropriate development of the subject property?
- Will the appliction result in undue adverse impacts on surrounding properties and the neighbourhood?
The Minor Variance / Permissions Application process takes approximately two (2) months to complete. Committee of Adjustment hearing dates are scheduled at the beginning of the year. Please note, hearing dates may be rescheduled based on Committee member availability and/or time conflicts. If the hearing is rescheduled, applicants will be informed, and the proposed Minor Variance / Permissions Application will be moved to the following date.
To identify the next submission deadline, please refer to the Committee of Adjustment Schedule of Meetings .
For the cost of a Minor Variance / Permissions Application, please refer to the Township’s Planning Service Fee By-law #17/2024 located here.
NOTE: The Township uses consultants for Planning, Engineering, and Legal services. The Township’s planning processes operate on a user-fee basis. As such, all consulting costs incurred by the Township in the processing of an application are to be paid by the applicant. Additional fees may be required by external commenting agencies, such as the Grand River Conservation Authority (GRCA) or Ministry of Transportation Ontario (MTO).
The County of Wellington serve as our Planning Consultants. Their Planning & Land Division Fees can be found online here. Please refer specifically to the Local Municipal Charges for their consultant fees.
The Committee of Adjustment is the approval authority for Minor Variance Applications. The Committee will make their decision during a scheduled hearing.
Required documents include:
- Completed Online Application Form (see below)
- Concept Plan, which includes / shows:
- The location of the property;
- True dimensions and bearings, including a north arrow and municipal address;
- Drawing name and number, date and revision table (if applicable);
- Name and address of the authoring firm, along with stamp of seal as appropriate;
- Metric scale (1:100, 1:200, 1:300, 1:1500) with all measurements shown in meters;
- Adjacent streets, sidewalks and land uses;
- Legal designations (i.e. road widenings, easements, right-of-ways);
- Location and dimensions of all existing and proposed buildings and structures;
- Dimensions of all yards (i.e. setbacks of all buildings and structures from property lines;
- Location and dimensions of existing and proposed services (i.e. septic tanks and file field areas, wells snow removal/storage, etc.) and their setbacks; and,
- Location and dimensions of relief requested specifically indicated.
- Floor Plans and Elevation Drawings (include measurements)
- Parcel Register (if applicable)
NOTE: Individuals requesting a Permissions Application will be required to first demonstrate that their property is eligible for legal non-conforming status. This can be accomplished by applying to establish Legal Non-Conforming Use.
For more information regarding the Township’s Minor Variance process, please contact the Planning Department at planning@get.on.ca.
- Application submitted and reviewed for completeness;
- Staff may require 5-10 business days to review an application for completeness (i.e., ensure we have all information required to proceed).
- If complete, application is circulated to relevant agencies, and Township staff, for review and comment.
- NOTE: Depending on the nature of comments received, the applicant may need to update their submission before the Committee of Adjustment hearing can proceed.
- Notice of Hearing published in Wellington Advertiser, and mailed to property owners within 60m of the subject property.
- Township staff create property signage which is to be collected by the applicant and posted on the property no less than two (2) weeks prior to the scheduled hearing date.
- The Planning Report, agency comments, and agenda are forwarded to the applicant and provided on the Township website one (1) week before the hearing
- Committee of Adjustment Hearing
- The Committee hears the application and considered approval of the Minor Variance(s) or Permissions Application.
- NOTE: Applicants should be aware that the Committee may impose additional conditions on the approval of the application.
- A Notice of Decision is issued and an appeal period of 20-days commences.
- If no appeals are received, a Notice of No Appeals is sent to the applicant and the Minor Variance(s) / Permissions Application is considered final and binding.
A Building Permit can be applied for when and if the Committee approves the requested variances during a scheduled Hearing. NOTE: The Building Permit cannot be issued until after the 20-day appeal period has ended, provided no appeals have been received.
For more information regarding Building Permit requirements, please visit the Building Department webpage or contac them at building@get.on.ca.
Before submitting a Minor Variance or Permissions Application, please make sure that you have discussed the proposal with the Planning Department.
If the applicant is not the owner of the property, you will be required to fill out the following form:
Once you have prepared all necessary documents (e.g. Site Plan/Concept Plan, Floor Plans, Elevation Drawings, etc.) prepared by a qualified professional, you can submit your Minor Variance / Permissions Application using the digital form below: