Applications for Minor Variance or Requests for Permission

In cases where only a minor change to a by-law standard is required, a complete rezoning process may not be required. If a property owner wishes to use or develop land in a manner that is not allowed by the Zoning By-law, yet follows its general intent, a minor variance may be appropriate. For example:

  • There is a need to locate something on a property when the shape of the lot won't satisfy the minimum setback requirements of the Zoning By-law.
  • An existing structure or use that may have been permitted under a previous by-law but is no longer allowed.

These types of situations would be considered to be "legal non-conforming" in nature and any change to the use/structure would require the permission of the Committee of Adjustment and Consent.

It should be noted that a minor variance or change to a legal non-conforming use does not change a Zoning By-law. It excuses the property owner from a specific requirement of the by-law, allowing the issuance of a building permit.

Applying for a Minor Variance or Request for Permission

To obtain a minor variance or receive permission, an application needs to be submitted to Milton's Committee of Adjustment and Consent. The Town requires a completed application, including all fees, at the time the application is submitted. The Committee Secretary-Treasurer will circulate each application for agency and public comment and a public hearing will be held where a decision will be made on the application. An appeal period follows each decision.

Additional Information