Minor Variance

We strongly recommend that you contact planning staff in order to determine the feasibility of your Consent or Minor Variance application.

Send an email, include the property address & a brief description of the proposal.

All development proposals must meet the terms of the City's Zoning By-law. Whenever changes are made to a particular site and any of the regulations are not complied with, you will need a minor variance or amendment to the by-law to legalize the situation. The variance can relate to the land, building or structure or its use.

Examples of minor variance applications may include, but are not limited to:

• New buildings or additions to existing buildings
• Porch enclosure or new deck
• New accessory buildings such as garages and sheds
• Enlargement, extension or change of use of any legal non-conforming building
• Parking spaces required for new or expanded businesses

Apply for Minor Variance

Prior to submitting an application for Minor Variance, it is recommended that you complete a Zoning Compliance Review.

It is also recommended that you speak with Planning staff prior to the submission of a Minor Variance application to determine the feasibility of the proposal. It is recommended that you complete a Zoning Compliance Review to determine the extent of the variances that may be required.

Review the applicable Official Plan (Rural Hamilton Official Plan or Urban Hamilton Official Plan) and for uses and requirements applicable to your application.

This application form is to be used by persons or public bodies wishing to apply for Minor Variance or Permission under Section 45 of the Planning Act within the City of Hamilton.

Important tips when completing the nature and extent of the application (Section 3)

• This item is extremely important as this is the reason for the application and the relief that is being requested. The Notice of Hearing for the application and the Decision are both formulated from this item. It is imperative that the applicant clearly indicate all of the variances being applied for in exact mathematical terms with proposed figures. If the applicant is not sure of the exact nature of the application, they should complete a Zoning Compliance Review in advance of submitting the minor variance application
• The staff processing the minor variance application cannot look beyond the information provided in Section 3 and must process your application on the basis of information submitted.
• Any errors or omissions in the application could result in discovery could result in additional variances required at a later date and require another application.
• If the application is being made for a Second Dwelling Unit it must be clearly noted, specific policies apply.
• If the scope of work involves a reconstruction of an existing dwelling (building being all or partially demolished) it must be clearly noted, specific policies apply.

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 by cash, cheque or credit card. Cheques must be made payable to the City of Hamilton.

Routine Minor Variance applies to pools, decks, sheds, accessory buildings, porches, eave projections, recognizing legal non-complying situations, secondary dwelling units, and outdoor commercial patios.

Conservation Authority Plan Review Fee

The Conservation Authorities within the City of Hamilton charge fees for their review of Planning Act applications. Please contact Planning Staff to determine if the subject lands are in an area regulated by a Conservation Authority.

• Conservation Halton Review Fees
• Hamilton Conservation Authority Review Fees
• Niagara Peninsula Conservation Authority Review Fees
• Grand River Conservation Authority Review Fees

The fee is to be paid to the appropriate Conservation Authority, failure to do so may result in a delay of the review of the application. Contact information for the Conservation Authorities can be found in the Submission Requirements and Information package.

The application must be accompanied by a sketch or survey plan (in metric) containing this information (you may submit additional sketches if all information is not able to be provided on one plan):

You must provide these details with your sketch map:

• the true dimensions and boundaries of the property for which the application is being made (note: a sidewalk is not usually a lot line)
• the location, size and type (e.g. deck, single family dwelling etc.) of all existing buildings, structures or uses on the subject property, including setbacks measured from the front, rear and side lot lines
• the location, size and type (e.g. covered porch, 2-unit dwelling, parking spaces, etc.) of all proposed buildings, structures or uses on the subject property, including setbacks measured from the front, rear and side lot lines
• all projections from buildings and structures, including but not limited to eaves and gutters, steps, fire escapes/exterior staircases etc.
• location of all natural and artificial features on the subject land and on land that is adjacent to the subject land that may affect the application (e.g. railways, trees, wells and septic tanks)
• location, width and name of any roads within or abutting the subject land
• location and nature of any easement affecting the subject land
• the information provided must be legible and drawn with good drafting techniques
• sketch paper size is a minimum of Letter (A4, 8.5x11.5) and at least one copy a maximum of Ledger (A3, 11.5x17).

Submit the completed application form, supporting documents, and fee(s):

By Mail
Committee of Adjustment
71 Main Street West, 5th Floor
Hamilton, Ontario L8P 4Y5

In Person
Hamilton City Hall
71 Main Street West, 5th Floor
Hamilton, Ontario

By Email
Email [email protected]

Electronic submissions must include:

• One (1) copy of the completed application form (all applicable sections filled out and commissioned)
• One (1) copy of the Survey or Site Sketch, including all required information per Section 3
• One (1) of any additional information, including studies; and
• Payment information, either credit card payment (name and phone number of the person paying, they will be contacted by staff) or scan/picture of cheque(s). All physical cheques must be mailed or dropped off at Hamilton City Hall.

Hard copy submissions must include:

• One (1) copy of the completed application form and all signature sheets (all applicable sections filled out and commissioned);
• One (1) copy of the Survey or Site Sketch, including all required information per Section 3 (no larger than ledger size paper 11” x 17”);
• One (1) copy of the information/reports if indicated as needed when completing the sections of the application form; and,
• Payment, either credit card/debit processed at the counter or cheque(s).

Requirements After Submission

Once the file has been scheduled for decision, you are required to post a sign on the property.

The City of Hamilton will:

• Provide you with a digital or hardcopy of the sign with the file number and the scheduled date of decision.

You will need to:

• Post a sign on the subject land.
• Post the sign on the property so that it is visible to the public.
• Leave the sign on the property until the Decision has been made.

Once you submit your application, a public hearing will be set within 30 days of the date of submission.