Minor variance

A buyer meets a minor variance when the planned use or building would break one of the rules in the zoning by-law for the property. The City of Toronto describes its Committee of Adjustment as deciding applications to vary zoning rules, which it calls Minor Variance. See whether zoning matters when a sale includes real estate. This entry covers Ontario only; check the rules where the property is.

What section 45 provides

The committee may, despite any other Act, authorize a minor variance from the by-law if, in its opinion, the variance is desirable for the appropriate development or use of the land, building or structure, and the general intent and purpose of the by-law and of the official plan, if any, are maintained. It may authorize one only if the variance also conforms with any prescribed criteria and any criteria the local municipality has set by by-law, other than criteria not in force on the day the owner applied. Section 45 has further restrictions, including subsections 45(1.1) and (1.1.1). Under section 44, the council of a municipality that has passed a zoning by-law under section 34 may by by-law constitute and appoint a committee of adjustment.

What to check

• Whether the current use is permitted by the zoning by-law or relies on a prior variance
• Whether the municipality has a committee of adjustment and what it requires of an applicant
• Whether a development charge could attach to the approval