Variance

What is a Variance?

A variance is a formal exemption granted by a municipality allowing a property owner to deviate from local zoning bylaws under specific circumstances.

Why Do Variances Matter in Real Estate

In Canadian real estate, zoning bylaws govern property use, setbacks, height restrictions, and lot coverage. When a proposed construction project or renovation does not comply, the owner may apply for a variance.

• Building closer to a property line than permitted
• Adding a structure taller than zoning allows
• Expanding a non-conforming building

• Whether the change is minor
• Whether it meets the general intent of the bylaw
• Whether it will negatively impact neighbours or the community

Public notice and hearings are typically required. Approval is granted by a committee of adjustment or zoning board. Denied variances may require project redesign or appeal.

Understanding variances allows homeowners and developers to navigate zoning restrictions and explore site-specific flexibility.

Example of a Variance

A homeowner applies for a variance to build a two-storey garage that slightly exceeds the height limit in their zoning district.

Key Takeaways

• Allows minor exceptions to zoning rules.
• Requires municipal application and review.
• Common for additions or non-standard builds.
• Public input and hearings may apply.
• Must show no major adverse impact.

Related Terms

• Zoning
• Land Use Bylaws
• Setback
• Building Permit
• Official Plan