Minor Variance to Zoning

What is a Minor Variance?

A Minor Variance is a small deviation from the Zoning By-law, most often obtained for an individual property. You may use this process to recognize an existing situation or to permit the construction of new building(s) or structure(s).

The applicant must first demonstrate that the variance is necessary and why there are practical difficulties in carrying out the strict regulations of the Zoning By-law. The application must conform to the Official Plan and the intent of the Zoning By-law.

• Minor Variance subtypes with examples:
  • Accessory Buildings and Structures (e.g., shed, detached garage, deck, gazebo)
  • Residential Minor (single detached, semi-detached, townhouse, proposed lot, or ADU within an accessory building)
  • Residential Major (All other residential, e.g., Apartment)
  • Commercial
  • Other non-residential (e.g., Industrial)

Applicants must request permission from Clarington’s Committee of Adjustment to make a change to their property, as noted above. This request is made under Section 45 of Ontario’s Planning Act and applies to Zoning By-law 84-63 and/or the Zoning By-law 2005-109.

How do I apply?

Apply Online through Service Clarington

As of October 2025, Clarington is accepting digital applications (and payments under $10,000) through Service Clarington. On the platform, you’ll find instructions for creating an account and links to apply for a Minor Variance online.

This change aims to help streamline the development process, enhance efficiency and give applicants the ability to view their application within the Service Clarington portal. 

Your completed application form must be accompanied by an owner's authorization, site plan showing the property boundary and dimensions, the location of all building(s) and structure(s), well, septic, fences/hedges and driveway. Building elevation drawings may also be required.

If you want to submit and commission a Minor Variance application, booking an appointment with Planning staff is highly recommended. To book an appointment, email cofa@clarington.net.

Previous Application Process (to be phased out)

Please note that digital applications through Service Clarington are the preferred method for submission, and the old application process will eventually be phased out as Clarington works to streamline the development review process.

You can find minor variance application forms at the Planning and Infrastructure Services Department. Your completed application form must be accompanied by an owner's authorization, site plan showing the property boundary and dimensions, the location of all building(s) and structure(s), well, septic, fences/hedges and driveway. Building elevation drawings may also be required.

If you want to submit and commission a Minor Variance application, booking an appointment with Planning staff is highly recommended. To book an appointment, email cofa@clarington.net.

Completed forms, including any required documents, may be emailed to cofa@clarington.net and payment of the minor variance fee can be made online at www.clarington.net/ePayments.

View Minor Variance Fees

Minimum Distance Separation

In Ontario, Minimum Distance Separation (MDS) is a land use planning tool designed to set a minimum required distance between agricultural operations—especially those involving livestock—and nearby land uses like homes or businesses.

What happens next?

Once you have submitted a complete application, it will be assigned to a Planner who will circulate it to the public bodies required under the Planning Act.

You will be given information on how to post a notice sign on the property advertising the Minor Variance and the date of the scheduled Public Meeting. This notice sign must be posted on all street frontages for the duration of a minimum of 14 days prior to the meeting until after the meeting date. A mailout will be sent by the municipality to all property owners within 60 metres of the subject site.

The submitted comments and the Planning and Infrastructure Services Department's recommendation will be compiled into a report that will be given to the applicant, agent and all Committee members for review prior to the meeting date.

All applicants are required to attend the Public Meeting or send a representative on their behalf. During the meeting, both the applicant and any interested parties—such as neighbours—will have an opportunity to speak. The Committee may ask questions to municipal staff, the applicant, or interested parties to help clarify any details before making a decision.

The decision of the Committee of Adjustment will be made at the Meeting and is then subject to a 20-day appeal period. If no appeals are filed, the applicant and all Interested Parties will receive a letter advising that the decision is final and binding.

What are the fees?

A non-refundable processing fee for the Municipality and applicable Agencies is required. See the Clarington Planning and Infrastructure Services Fee Schedule and Agency Review Fees Schedule for applicable fees or contact developmentapplicationscoordinators@clarington.net.

How long does it take?

Within 30 days of receiving a complete minor variance application, a public meeting will be held and a decision will be made. The appeal period following a Committee decision is 20 days. Once the appeal period is over and the decision is final and binding, Planning can sign off on a building permit.

Can the decision be appealed?

In accordance with Section 45(12) of the Planning Act, an appeal to the Ontario Land Tribunal (OLT) may only be filed by the applicant, the Minister of Municipal Affairs and Housing, or a specified person or public body that has interest in the matter. An appeal must be submitted in writing describing the reasons for the appeal and must be accompanied by a cheque made out to the Director of Financial Services (refer to the current fee schedule for fee information). All appeals are submitted to the Secretary-Treasurer of the Committee of Adjustment located in the Planning and Infrastructure Services Department.

Are other permits or approvals required?

Approval of a minor variance does not exempt the applicant from obtaining any other required permits or approvals. Additional permits—including, but not limited to, a building permit, Conservation Authority permit, or Health Unit approval—may still be necessary before any work can begin.