A minor variance is needed when a proposed building, structure or use does not meet one or more zoning requirements but still meets the general intent of the Official Plan and Zoning By‑law and is appropriate for the property.
Minor Variance
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A minor variance is a request for relief from specific provisions of the Zoning By-law, provided that the application satisfies the tests set out in the Planning Act; these include but not limited to building setback and location, zoning related legal non-conformance, parking and lot coverage.
How to Apply
Step 1 – Pre‑Consultation with City Staff
You must complete a pre-consultation with City staff before submitting an application. The purpose of pre-consultation is to identify required studies, plans and documents, confirm submission requirements for a complete application and provide early feedback on your proposal. Applicable fees will apply.
Complete the pre‑consultation form and submit it with supporting documents through the CityView portal below.
Step 2 – Submit an Application
If pre‑consultation has already taken place, complete the Minor Variance Application Form and submit it along with all required supporting materials through the CityView portal below.
Step 3 – Payment of Application Fees
Once staff has reviewed the application and related submission materials, payment of the applicable fees will be required for the application to be considered complete.
See the Planning Application Fees page for a full fee schedule.
Application Process
The approval process for a minor variance application may take six to eight weeks or longer for more complex applications. The stages include:
- Pre‑consultation review — staff confirms application requirements prior to submission.
- Application circulation and public hearing notice — notices are issued to the applicant, nearby property owners and anyone who requested notice. The application is circulated to city departments and relevant agencies for comments.
- Public notice sign — a notice sign must be posted on the property at least 14 days before the Committee hearing.
- Staff recommendation report — a report is prepared for the Committee of Adjustment meeting.
- Committee of Adjustment meeting — the applicant may be asked to answer questions; members of the public may make written or verbal submissions.
- Notice of decision — the decision is sent to the applicant and others who requested notice.
- Appeal period — there is a 20‑day appeal period in which the decision may be appealed to the Ontario Land Tribunal (OLT) by the applicant or other interested parties.
- Final decision — if there is no appeal within the appeal period, the decision becomes final and binding.
Refer to our Minor Variance Application Flowchart for an overview of the application process.
Frequently Asked Questions
The following frequently asked questions provide additional information about minor variance applications, the approval process and related planning requirements in Belleville.
Why is a minor variance needed?
What happens after I submit an application?
After submission and verification that the application is complete, notice of a public hearing is sent to nearby property owners and others who requested notice. The Committee of Adjustment reviews the application at a public meeting.
What is the role of the Committee of Adjustment?
The Committee of Adjustment is responsible for reviewing applications for minor variances and other Planning Act applications. It considers whether a requested variance:
- Maintains the general intent and purpose of the Official Plan and Zoning By‑law
- Is minor in nature
- Is desirable for appropriate use or development of the land, building or structure
The committee’s decisions are made under the authority of the Ontario Planning Act.
Anyone who has made a verbal or written submission before the decision may appeal to the Ontario Land Tribunal within the 20‑day appeal period following the committee’s decision.
How long does the process take?
The minor variance process generally takes about six to eight weeks after a complete application is submitted. Complex applications or appeals may take longer.
Fees vary. Check the planning fees page for current rates. Additional costs may include:
- Studies or professional reports
- Survey or site plan preparation
- Appeal fees (if applicable)
What if I build without a minor variance?
You may face enforcement action, including:
- Stop-work orders
- Fines or penalties
- Requirement to remove or alter the work
Contact the City’s planning staff for guidance before applying. Pre-consultation is required and helps you understand the process and requirements.
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