Minor Variances

What this means

A Minor Variance is an approval process that allows a property owner to request relief from specific zoning requirements.

In some cases, a project may be appropriate even if it does not meet every zoning standard exactly.

Minor Variances are reviewed by the local Committee of Adjustment, which considers whether the proposal:

• is minor in nature
• maintains the intent of the zoning by-law
• aligns with the Official Plan
• is appropriate for the property

A Minor Variance must be approved before starting a project that does not comply with zoning requirements.

When might I need a Minor Variance?

You may need a Minor Variance if:

Your lot does not meet zoning requirements

• the lot does not meet minimum frontage requirements
• the lot does not meet minimum lot area requirements

Your project cannot meet required setbacks

• a building or structure would be too close to the shoreline
• a building or structure would be too close to a property line
• a septic system cannot meet required setbacks

Your proposed building exceeds zoning limits

• the building is larger than permitted
• the building is taller than permitted
• another zoning requirement cannot be met

You are redeveloping a constrained property

• lot size, shape, topography, or existing development make it difficult to comply with current zoning requirements

If you are unsure whether a Minor Variance is required, contact Planning staff before beginning detailed design work. Planning staff can help determine whether your proposal complies with zoning regulations or whether a Minor Variance application may be needed.

When might I not need a Minor Variance?

You may not need a Minor Variance if:

• your project complies with zoning regulations
• you are building within an existing compliant footprint
• you are increasing building height without changing a compliant footprint
• legal non-complying permissions apply

If you are unsure, contact Planning staff before starting your project.

How does the process work?

1. Contact Planning staff to discuss your project and confirm requirements.
2. Submit a Minor Variance application to your municipality.
3. The Committee of Adjustment reviews the application.
4. A decision is made and may include conditions.
5. Once approved, you may continue with the next steps of your project.

Committee of Adjustment decisions are binding unless appealed.

What is legal non-complying status?

Some older buildings were legally built under previous zoning rules but no longer meet today’s standards. This is called legal non-complying status. Legal non-complying status does not remove the need for approvals and does not automatically permit expansion. Property-specific review may still be required.

In some cases, these buildings may still be repaired, rebuilt, or modestly expanded without requiring a Minor Variance.

The amount of permitted expansion may depend on how close the building is to the shoreline.

Before you begin

Before starting a project:

  ✔  Confirm zoning requirements for your property
  ✔  Review setbacks and lot requirements
  ✔  Determine whether legal non-complying status may apply
  ✔  Contact Planning staff early

Need help?

For questions about Minor Variances, contact:

• City of North Bay Planning Department 705-474-0400 Ext. 2401 or zoning@northbay.ca 
• Municipality of East Ferris Planning Department 705-752-2740