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Minor Variance (MNV)

On September 19, 2024, the Ontario Land Tribunal (OLT) approved the City’s Comprehensive Zoning By-law (CZBL) 2024-19 on a City-wide basis, save and except for lands associated with remaining site-specific appeals. The OLT has ruled that the CZBL shall be deemed to have come into force on January 31, 2024.

Not all properties within the City are affected by the new Comprehensive Zoning By-law 2024-19. Please click here to check if your property is affected by this new Zoning By-law. Areas that are greyed out on the attached interactive map are not included in the new Comprehensive Zoning By-law 2024-19.

Please be advised that:

Committee of Adjustment applications currently in process for lands not affected by an appeal to By-law 2024-19 will now be governed by this new zoning document. If a variance was solely required under a previous zoning by-law but is no longer necessary under 2024-19, applicants have the option to withdraw their variance application. Please confer with City Staff on potential next steps.

The Comprehensive Zoning By-law (CZBL) includes transitional provisions in Section 1.7 for complete applications received before January 31, 2024. These provisions will be in effect until January 31, 2027. Any applications affect by these transitional clauses must secure building permits before January 31, 2027.

A Minor Variance (MNV) allows an owner to build or use their land in a way that does not exactly comply with the requirements of the zoning by-law, but follows its general intent. Examples of minor variances include relief for a minor requirement to a height restriction, side yard setback etc. Each case is evaluated on its own merits, as some variances may be considered ‘minor’ in some situations and ‘major’ in others. The Minor Variance application process may take up to 2 months to complete.

Minor variances must meet all of the following four tests under the Planning Act:

  1. The variance requested must meet the general intent and purpose of the by-law;
  2. The variance requested must meet the general intent and purpose of the Official Plan;
  3. The variance requested must be desirable for the appropriate development of the applicable lands, building or structure; and
  4. The variance requested must be minor in nature.

The Act also gives the Committee of Adjustment (COA) the authority to grant the enlargement or extension of a legal non-conforming use. The COA can impose certain conditions if an application is approved. These conditions must be satisfied before a building permit is issued, unless otherwise specified by the Committee.

Please contact Committee of Adjustment Staff for more information on how this may impact your application at 905.475.4721 or coa@markham.ca.

 

Zoning Preliminary Review (Recommended)

It is the applicant and/or agent’s responsibility to ensure that the application has accurately identified all the variances to the Zoning By-law required for the proposed development. If the variances in the application contains errors, or if the need for additional variances are identified during the building permit review process, further variance application(s) may be required to address the outstanding matters and there will be a delay in application processing time. For this reason, applicants are strongly encouraged to contact the Building Department to obtain a Zoning Preliminary Review (ZPR) prior to submission of their application. The ZPR is performed by zoning experts in the City’s Building Department, and identifies the zoning requirements and development standards applicable to your property, and the relief from the zoning by-law required to permit the proposed development.

For more information, please contact the Building Standards Department at 905.475.4870 or bsd@markham.ca. Do note that an additional fee is required for the ZPR.

Application Submission

The applicant submits an application online via ePLAN. If related Consent applications are required, please apply for both files under the Consent application process.

When an application has been received, a Development Technician will conduct a preliminary ‘Prescreen Review’ to ensure that required plans and documents have been uploaded. The Development Technician will also check to make sure that all submitted plans and documents meet our ePLAN Submission Standards. Application fees will also be determined and confirmed at this stage.

Note: A submission does not become an application with a review timeline until it has passed the Prescreen Review Process and application fees have been paid.

For more information on how to submit an application, please refer to the following documents:

Circulation

Once the application has passed the prescreen and deeming review, the Development Technician will circulate the file to an assigned Planner, as well as internal and external agencies for review.

Staff Review and Comments

The Applicant may receive comments on the proposal from various City Departments, External Agency Staff, or members of the public interested in the application. Staff will work with the applicant to resolve issues identified during the review process. If applicable, the applicant will revise and resubmit plans and documents for additional review.

Posting of Notice Signs

When an application is submitted, City Staff will provide the applicant with the required sign, and the date for the posting of the sign. Markham requires signs for all COA applications to be posted at least 14 days before the public hearing date. Unless otherwise directed by the Secretary-Treasurer of the Committee of Adjustment, the sign shall be posted in a location that is clearly visible and legible from a public highway, or other place to which the public has access. Signs shall not be obscured from view by vegetation or other obstructions.

If a sign is not posted before the required time, the application will be deferred to the next available meeting.

Mailing of Notices of Hearing

The Planning Act requires Notices of Hearing to be mailed out to property owners within 60 metres of the subject property. The City of Markham mail Notices of Hearing to property owners within 120 metres of the subject property. Notices of Hearing are mailed out 14 days before a public hearing.

Commitee of Adjustment (COA) Meeting

COA meetings are generally held twice a month starting at 7 PM. These meetings are open to the public. For more information, please visit our What To Expect at a Committee Meeting page.

Notice of Decision

Verbal decisions will be provided by the COA at the public hearing. Written decisions will be forwarded to relevant parties no later than 10 days from the making of the decision in accordance with the Planning Act. If a member of the public would like to receive a copy of the Committee’s Decision, they must request a copy of the Decision from the Secretary-Treasurer by email. Notices of decision are also only provided by email.

Appeal to the Ontario Land Tribunal (OLT)

Note:  As of November 28, 2022, only the applicant, the Minister of Municipal Affairs and Housing, or a specified person or public body, as specified under subsection 1(1) of the Planning Act, may appeal a Decision of the Committee of Adjustment.

When filing an appeal to the OLT, please note that there will be a charge of $400.00 (made payable to the Minister of Finance) and an additional administration fee of $274.50 plus HST (a separate cheque made payable to the City of Markham). Appeals are to be submitted to the Secretary-Treasurer of the Committee of Adjustment, Development Services.

Appeals can be submitted at the dropbox located outside the Thornhill Entrance at 101 Town Centre Boulevard.