Do you have a project in mind that requires a minor adjustment to the City's Zoning By-law? A minor variance is a change or permission given to a specific site to develop without being in exact compliance with the requirements of zoning.
Minor Variance or Permission Application
View the application fees.
Pre-consultation
Before filing an application, it is recommended that you contact the Planning team to set up a pre-consultation meeting. During the meeting, we will outline what you need to include in your application, including the planning rationale.
The City of Kenora Planning Advisory Committee and Committee of Adjustment considers and makes decisions on applications for minor variances or permissions, and applications for enlargement or extension to any existing legal non-complying building or structure.
A minor variance does not change a zoning by-law; it simply excuses you from a specific requirement of the by-law and allows you to apply for a building permit.
When do I need a minor variance?
If your proposed change does not comply exactly with the Zoning By-law, but follows its general intent, you can apply for a minor variance. Examples of minor variance applications include requests for relief from building setback and building height of the Zoning By-law.
For example, if you want to locate a shed on your property but you are unable to meet the minimum setback requirements because of the shape of your lot.
Minor variance criteria
Minor variances will be granted if all the following criteria, commonly referred to as the four tests are met:
- The variance is minor
- The variance is desirable for the appropriate development or use of the property
- The general intent and purpose of the Zoning By-law is maintained
- The general intent and purpose of the Official Plan is maintained
If you would like to make major changes to the Zoning of your property, you will need to apply for a Zoning By-law amendment.
Minor variance approval process and timeline
Minor variance applications typically take one to two months before final approval is given. This includes the mandatory appeal period of 20 days, after notice of the Committee's decision is given. After you receive notice that no appeals have been submitted, you can apply for a building permit.
Public notice |
| You will be required to install a notification sign on the lands affected by the proposed minor variance. The sign will be provided by the Planning Division. A hearing date will be assigned and the City will notify all property owners within 60 metres of the subject property of the application. |
Technical review |
| The Planning Division will circulate the complete application to staff and external agencies for comment. If there are any concerns, you will be informed and will have the opportunity to respond to the feedback before the public hearing date. |
Public hearing |
| Decisions on minor variance applications are made by the Planning Advisory Committee. The Committee may ask you to explain the proposal and answer any questions during the hearing. The Committee will also invite other parties to speak in support of, or in opposition to, the application. |
Committee decision and appeal period |
| The Committee considers the Planner’s comments and the opinion of public delegations and may render a decision, adjourn the application or reserve its decision. The Committee’s decision will be issued within 10 days of the hearing. This decision can be appealed to the Ontario Land Tribunal, in accordance with their requirements. If you want to learn more about appeal rights, see our Key Planning and Development Topics page. |
Get involved |
| If you, as a member of the public, would like to get involved, you can:
If you decide to present, be prepared to come with information about how you believe the proposal impacts you. It is important to note that the Committee is not mandated to deal with:
Under the Planning Act, only the applicant, the Minister, or a specific person or any public body can appeal a Decision of the Planning Advisory Committee to the Ontario Land Tribunal. |
When do I need a legal non-complying use approval?
A legal non-conforming use application should be obtained if you want the assurance that your use of a property is legally non-conforming and can continue to exist despite current zoning that does not permit the use. Such an assurance may be required in situations such as when applying for a minor variance or consent, resolving a by-law investigation, or when documentation is desired by the prospective purchaser of a property.
A legal non-conforming use is a legally established use for a property under the City of Kenora Zoning By-law in effect at the time the use commenced; however, it is not currently a permitted use for the zone the property is currently located. The legally established use must have continued uninterrupted up to the present time.
A legal non-complying use is where a use continues to be permitted by a successive zoning by-law but one or more of the physical land or building regulations, such as lot area, setbacks, height, coverage, etc., have changed and the site no longer complies to the new zoning regulations.
Legal non-conforming use application process
Submit the completed legal non-conforming use application to the Planning Division.
Legal Non-conforming Use Application
You will receive a response from the Planning Division within 10 business days. Additional evidence may be requested if necessary to make a decision regarding the non-conforming status of a property.
Evidence required to support application
The owner is responsible for providing evidence in support of legal non-conforming use claims. The purpose of the evidence is to establish:
- the date from which the use was in place
- the specific nature of the activity
- the location, size, and use of all buildings and structures associated with use
The following are examples of documents to be submitted as part of the application:
- Explanatory cover letter (mandatory)
- Owner’s affidavit confirming use (mandatory)
- Neighbour’s affidavit confirming use
- Property survey
- Property deed
- Building permits
- Tax records
- Business licences
- Business records and receipts
- Dated photographs
- Dated aerial photos
Guidelines for submission of affidavits
At a minimum, a submitted affidavit should include the following:
- Signature of a person with accurate and true knowledge of the historic use of the subject property;
- Sworn before a Notary Public, Lawyer, or Commissioner of Oaths;
- Identify the specific nature of the uses and the size and location of any buildings or structures;
- Attest to the date the use was established; and
- Identify any interruptions or changes to the use in question.
Zoning of property
To assist you in determining the zoning of a subject property, please use our maps tool and review the Zoning By-law.
Additional resources
Check out these important resources:
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