Minor Variance

The Committee of Adjustment is authorized to consider Applications for Minor Variances to the Zoning By-law under Section 45 of the Planning Act.

Minor variances are usually small variation from the requirements of the Zoning By-law. A minor variance may allow property owners to use their land in a way that does not comply exactly with the requirements of the Zoning By-law. It includes requests for relief from the building setback, building height and parking provisions of a Zoning By-law.

The Committee is authorized to grant minor variance if all of 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; and
  • the general intent and purpose of the Official Plan is maintained.

The Committee cannot grant exceptions to the by-law which would have the effect of changing the zoning. This would require a Zoning By-law Amendment.

Filing an Application

Before filing an application, please schedule a pre-consultation meeting with one of the municipal planners by sending an email to the Zoning Division or by calling 613-446-6022. To apply for a minor variance, you will need to fill out the application form and submit to the City along with the fees and submission requirements. You can request your application by completing the General Inquiry Form.  

Permission

The Committee of Adjustment is authorized to consider applications for permission to expand or change a legal non-conforming use under Section 45 of the Planning Act.

View the Committee of Adjustment page.

A legal non-conforming use is a building or structure that does not meet the standards, provisions, and regulations of this By-law, but which was legally erected or altered in accordance with the By-laws in force at the time of construction. A permission might be required if a non-conforming use is enlarged, reconstructed, renovated, or repaired.

Consent or Severance

A consent or severance is the authorized separation of a piece of land to form a new lot or a new parcel of land. Lot mergers, lot additions, and the creation of new easements also require a consent application. This regulation ensures controlled land development is in compliance with the Official Plan and Zoning By-law.

Filing an Application

Since January 16, 2023, the United Counties of Prescott and Russell is now the approval authority for consent applications under Section 53 and 57 of the Planning Act.

Please note that the applications that were deemed complete before January 16, 2023 will continue to be administered by the City of Clarence-Rockland.

Before filing an application with the United Counties of Prescott and Russell, please schedule a pre-consultation meeting with one of the planners at the City of Clarence-Rockland by completing the General Inquiry Form. 

Click to be directed to the application form from the United Counties of Prescott and Russell.