Consents and Minor Variances

Property development often requires approvals like minor variances or consents. A minor variance allows small adjustments to the County’s Zoning By-law, enabling projects that maintain its overall intent but don’t fully conform. A consent, or land severance, involves dividing a property, correcting title issues, or creating easements. Approvals for both processes are decided by the Committee of Adjustment.

Minor variance

A variance is a minor change to the County’s Zoning By-law for a specific property. If a proposed use does not conform to the municipal Zoning By-law but follows the general intent, the owner (or anyone authorized in writing by the owner) can apply for a minor variance. A minor variance provides the owner an exception to vary from the specific requirement of the by-law to obtain a building permit.

The variance can relate to the land, building, structure, or use.

Some examples of a minor variance may include:

Expand the square footage of an existing structure.
Build an accessory building such as a garage or shed.
Build a porch enclosure or new deck.
Reduce the setback from a property boundary.

To determine if your application requires a Minor Variance, contact our Planning Department.

The Committee of Adjustment reviews, assesses, and makes decisions on Minor Variance applications based on the four tests outlined under the Planning Act:

The request is minor
The request is appropriate development or use of the land, building or structure
The request maintains the general intent and purpose of the Zoning By-Law
The request maintains the general intent and purpose of the Official Plan

Sign variance

Our Sign By-law controls the type, size, location, and number of signs allowed on properties. If you need an exception to these rules, you must submit a sign variance application.

Consents and severances

A consent is often referred to as a land severance. This can include dividing an existing property into two or more lots, a correction/validation of title, or establishing an easement or right of way.

You will require consent from the Committee of Adjustment to:

Sever property into one or two new lots
Validate title
Lease land for over 21 years
Establish an easement or a right-of-way
Adjust a lot line (boundary adjustment)

Controlling the division of land through severances helps Haldimand County ensure that the creation of lots is consistent with the planning policies as set out in the Official Plan.

Application process and forms

It's important to review the Zoning By-law or Official Plan to understand the nature of your request. Before submitting an application to the Committee of Adjustment, you are encouraged to speak with our Planning Department to determine the feasibility of your request.

Role of staff

Staff are available to discuss with the general public and community representatives on matters related to application submission requirements as well as details of applications currently being processed. The Committee makes a decision based on the merits of each individual application and the four tests outlined under the Planning Act.

1. Download and complete application forms

Download the correct forms for your application.

Minor Variance

A complete application for variance includes a completed Minor Variance application, applicable fees, a completed Zoning Deficiency form that has been reviewed and signed off by a building inspector and a detailed drawing.

Minor Variance application (PDF)
Zoning Deficiency form (PDF)

Sign Variance

A complete application for a sign variance includes a Sign Variance application, applicable fees, and a detailed drawing.

Sign Variance application (PDF)

Consent

A complete application for severance includes a completed Application for Consent/Land Severance, applicable fees, a Public Consultation Stratergy form and a detailed drawing.

Application for Consent/Land Severance (PDF)

Additional forms may apply depending on the nature of the severance.

If you have any questions regarding the forms, please contact our planning staff.

2. Submit your application

Applications are submitted online through our CityView portal.

You will have to pay the application fee when you submit your application. Applications fees are non-refundable whether the application is approved or denied.

Fees can be paid in one of the following ways:

Online through CityView portal when submitting your application
In-person by cash, cheque or credit card at the Haldimand County Administration Building located at 53 Thorburn Street, Cayuga
Mail or courier cheques to Haldimand County Administration Building, attention Committee of Adjustments

Cheques must be made payable to Haldimand County and include the file number in the notes.

Refer to the Planning Fees for a complete listing of all fees for your application.

3. Notice and circulation

Once an application has been filed it will be reviewed for completeness by the Secretary-Treasurer, and a hearing date will be established. After we get a complete application, we:

circulate complete applications to various county staff and external agencies for comment
mail a courtesy notice to nearby property owners per the Planning Act requirements
Planning staff will provide applicants with a sign(s) to be posted at the subject property

All submission materials on file, including the applications and plans, will be made available to the public for viewing at the Administration Building, as required under Section 1.0.1 of the Planning Act, R.S.O 1990 C.P.13. Before each public meeting, we post notices and the committee agenda on committee calendar under the meeting date.

4. Public meeting and Committee decision

If your application is complete, you will receive a notification and staff will follow to confirm your meeting date. If your application is not complete, staff will advise you of any deficiencies or if additional information is required to complete your application.

The Committee of Adjustment holds regular Public Hearings each month to consider the applications and the meetings are open to the public. Any interested party can appear before the Committee to present their views in support or in opposition to an application. After the Hearing, the Committee will issue a written decision on each application that was heard.

The Committee’s decision isn’t final until the appeal period has passed. Anyone wishing to receive a copy of a Committee of Adjustment decision must provide the Secretary-Treasurer with a proper mailing address.

5. Complete conditions

If the committee imposed any conditions on your application, you must complete them before obtaining the following:

a building permit
a certificate of consent (must be complete within two years of the decision being mailed)

6. Appeals

Under Section 45 (12) of the Planning Act and Bill 23-More Homes Built Faster Act, only the applicant, Minister, specified person or public body that has an interest in the matter has the right to appeal this decision to the Ontario Land Tribunal (OLT).

Any person or public body that has an interest in the matter but is not the applicant or defined as a “specified person” or “public body” in section 1 of the Planning Act cannot appeal decisions of the Committee of Adjustment.

Visit the OLT's website to review their process for appeals.

Fees

You will have to pay the application fee when you submit your application. Application fees are non-refundable whether the application is approved or denied.

View current fees.