Navigating the Process for Minor Variances and Zoning Bylaw Amendments from Proposal to Appeal

This article was originally published in Law360 Canada.

As a lifelong Londoner, the city (and its housing prices) has grown from a sleepy small town to one of the fastest growing cities in Canada. With more people, more housing is needed.  Each day it seems there are new signs for proposals for new housing across the city. With the City and provincial government emphasizing and incentivizing higher density development and infill in neighbourhoods, property owners and developers are looking to add more residential units on their lands.

Across the province, at times, higher density proposals do not conform with zoning bylaws and require approval from the local municipality of a minor variance or zoning bylaw amendment. Understanding when a minor variance or zoning bylaw amendment is required and the process of obtaining them is critical in avoiding delays to successfully adding much needed housing.

Minor Variance or Zoning Bylaw Amendment?

The key difference between a minor variance and a zoning bylaw amendment is the scale of the change.

A minor variance allows for a small, site-specific deviation from the existing zoning bylaw. For example, building closer to the lot line, increasing lot coverage or slightly exceeding the height limits permitted by the zoning bylaw for one building being built on one piece of land all would require a minor variance.

A zoning bylaw amendment on the other hand seeks to change zoning rules for one or several properties in their entirety. Examples include amending a bylaw to allow commercial uses to permit a new store or increasing the permitted building height and maximum number of units to accommodate a new low-rise apartment building.  

The Application Process and The Public Meeting:

After determining whether a minor variance or zoning bylaw amendment is needed, the next step is submitting an application to the municipality. For either process, the application will generally need to set out the reasons for the request, sketches, plans, and information regarding the property or properties affected.

Planning staff from the municipality and other required agencies will review the application and provide comments on the application or request conditions be imposed if the application is to be approved.

The municipality will send out public notices advising neighbours of the proposed change and invite them to make comments about the application either at a public meeting or in writing.

The application will then be reviewed at a public meeting where the applicant or their agent can explain the reasons behind the application, answer questions or respond to comments made by neighbours or other members of the public, the municipality, or any other agency. Neighbours will often attend these meetings to voice their support or opposition. Planning staff will also present a report on the application with a recommendation to approve or deny the application.

After reviewing the application, receiving public input and hearing from the municipality’s planning staff, the municipality will issue a decision to approve the application (with or without conditions), deny the application, or defer a decision on the application to a further meeting. If the application is approved and no appeals are submitted, the request in the application is put into place.

Appeals to the Ontario Land Tribunal (“OLT”)

If any party disagrees with the decision on the application — whether it’s the applicant or an affected neighbour — they may appeal the decision to the Ontario Land Tribunal. Appeals must be submitted within 20 days of the decision being issued, with reasons for the appeal.

The OLT will hear the appeal, giving each party the opportunity to present their evidence, witnesses, and legal arguments.

After hearing the appeal, the OLT will issue a written decision either upholding or overturning the original decision.

Final Comments

Navigating an application for a minor variance or zoning bylaw amendment can be daunting, especially for first-time applicants or residents unfamiliar with land use planning. Whether it’s a minor variance for an additional residential unit or a zoning bylaw amendment for a new subdivision, understanding the steps from application to appeal can help you prepare effectively and protect your interests.

If you need assistance navigating the process or you are facing an appeal of a decision already made, retaining a lawyer with land use planning experience, such as myself or others on our team at Lerners LLP may be an important step at any stage the process.