You need a minor variance when your project needs relief from specific zoning standards but still fits the overall intent of planning policy. You need a zoning by-law amendment when the change is broader, such as a new permitted use or a significant change to height, density or other development standards. The line between the two comes down to degree, not size, which is why a short conversation with a planner before applying can save months.
What is a minor variance?
A minor variance is an application to your municipality’s Committee of Adjustment asking for relief from specific requirements of the zoning by-law. Each one is evaluated against the four tests in Section 45(1) of the Ontario Planning Act. Our guide to minor variances explains those tests.
Minor variances are commonly used for:
- reducing setbacks
- increasing allowable building height
- adjusting lot coverage or building size
- changing parking requirements
- additions, renovations and accessory structures
- design flexibility on constrained properties
“Minor” doesn’t mean the application is simple. A minor variance still needs a clear planning rationale showing that the change is appropriate and compatible with the land uses around it.
What is a zoning by-law amendment?
A zoning by-law amendment (ZBA) changes the zoning that applies to a property. It’s needed when a proposed use, building size, density or site layout doesn’t meet the current zoning. Common reasons include:
- changing the property’s permitted use
- increasing building height or density
- modifying setback, coverage or parking requirements
- redeveloping underused properties
- enabling new residential, commercial or mixed-use projects
A ZBA involves more than a minor variance. It must conform to the municipality’s official plan, and because a zoning change can have wider effects, municipalities require detailed review, public consultation and strong planning justification before approving one.
How do the two applications compare?
| |
Minor variance |
Zoning by-law amendment |
| What it does |
Grants relief from specific zoning requirements |
Changes permitted uses or development standards |
| Scale of change |
Small departures from the by-law |
Broader changes |
| Who reviews it |
Committee of Adjustment |
Municipality, with detailed review and public consultation |
| What it’s judged against |
The four tests in Section 45(1) of the Planning Act |
Conformity with the official plan, plus planning justification |
| Planning Justification Report |
Required in some situations |
Commonly required |
Does a bigger project always need a zoning amendment?
No. The size of a project doesn’t decide which application it needs. What matters is how far the proposal departs from the existing zoning.
At 107, 111 and 129 Essa Road in Barrie, the City approved three minor variances that permit three five-storey walk-up apartment buildings, each with 20 purpose-built rental units. The applications needed relief from several provisions of the City of Barrie Zoning By-law. Each building also includes a commitment to 20% affordable housing.
A minor variance can also be small. At Bayview Wildwood Resort on Sparrow Lake, a minor variance gave relief from the Township of Severn’s shoreline setback provisions, allowing a raised deck along the waterfront side of the main lodge.
When is a minor variance not enough?
A minor variance isn’t enough when the project needs a use or standard the zoning doesn’t allow at all. At 101 Norweld Drive in Orillia, a Zoning By-law Amendment allowed additions to the existing Volkswagen dealership. It also set out permissions for overflow parking, a waste storage enclosure and snow storage areas.
On-farm businesses are a common example. Quayle’s Brewery in Simcoe County needed a ZBA to become an approved on-farm diversified use. Spy Cider House in The Blue Mountains needed a ZBA to add an event venue to its farm property.
What if your project doesn’t fit the official plan either?
If your project doesn’t fit the official plan, you’ll likely need an Official Plan Amendment alongside the ZBA, because a ZBA has to conform to the official plan. At 67 Colborne Street in Orillia’s Hospital District, we secured concurrent Official Plan and Zoning By-law Amendments for a six-storey mixed-use condominium with 31 residential units and one ground-floor commercial unit.
Can you need more than one application?
Yes. Approvals often travel together:
- ZBA and Site Plan Control. Orillia Volkswagen, Quayle’s Brewery and Spy Cider House each needed both.
- Minor variance and severance. When the new lots from a severance don’t fully meet zoning standards for frontage, area or setbacks, a minor variance runs alongside the consent application.
- Official Plan Amendment and ZBA. These are filed together when both policy and zoning need to change.
How do you find out which one your project needs?
The most reliable way is a pre-consultation meeting with municipal planning staff before you apply. Each municipality has its own policies and expectations, and requirements vary from one community to another. We arrange and attend pre-consultation meetings, confirm which applications and studies are needed, and prepare the meeting minutes.
Frequently asked questions
Is a minor variance faster or easier than a zoning amendment?
A minor variance is the less detailed of the two applications, but it still needs a clear planning rationale. A ZBA requires detailed review, public consultation and planning justification.
Who decides a minor variance?
Your municipality’s Committee of Adjustment decides minor variance applications.
Can a minor variance increase building height?
It can, if the increase is a small departure that keeps the intent of the zoning by-law. Larger increases in height or density usually need a zoning by-law amendment.
Do I need a Planning Justification Report?
Municipalities commonly require a PJR for zoning by-law amendments and official plan amendments. They may also require one for minor variances in certain situations.
Not sure which application your project needs? Tell us your timeline and budget.
