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Pooneh Derakhshan
Planner (County of Perth - Perth East)
Email Planner for Township
Township of Perth East
25 Mill Street East
Milverton, Ontario N0K 1M0
T.: 519-271-0531 x414
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Minor Variance - A minor variance is a small variation from the requirements of the zoning by-law that can be considered for approval by the Township's Committee of Adjustment. A minor variance approval allows the property owner to obtain a building permit even though their property or building project does not comply precisely with the zoning by-law.
Under Section 45(1) of the Planning Act there are four tests a minor variance must meet:
- Does the application conform to the general intent of the Official Plan? It is important to note that to consider any application a minor variance it must meet all four tests.
- Does the application conform to the general intent of the Zoning By-law?
- Is the application minor?
- Is the application desirable for the appropriate development of the lands in question?
Permission (Legal Non-Conforming Uses and General Terms) - Under Section 45(2) of the Planning Act the Township's Committee of Adjustment can:
- permit an enlargement or extension to an existing legal nonconforming building or structure wherein the use of such building or structure does not conform with the provisions of the Zoning By-law but legally has been in continuous existence before and following the date the By-law was passed.
- permit a use that is similar to the purpose of the existing legal non-conforming use, or that is more compatible with the uses permitted in the Bylaw.
- where uses are defined in general terms, permit the use of any land, building or structure for any purpose that, in its opinion, conforms with the uses permitted in the By-law.
Applicants are strongly encouraged to speak with Township staff in person (typically building and planning staff are involved) prior to submitting a Minor Variance / Permission application. As planning staff are only in the Township Office on a scheduled basis, it is recommended that discussions/meetings be arranged ahead of time by contacting the Township Planner.