The Village of Merrickville-Wolford Zoning By-law 23-08, as amended, regulates the use of land, buildings and & other structures. All development proposals must comply with the Zoning By-law. A Minor Variance is a way of permitting a minor change to a property’s zoning in order to allow the land to be used in a way which does not comply exactly with the requirements of the Zoning By-law.

The Committee of Adjustment considers and makes decisions on applications for Minor Variances from the provisions of the Village’s Zoning By-law and applications for enlargement or extension to any existing legal non-conforming building or structure.

Minor Variances are often required by circumstances peculiar to a property which prevent the owner from developing it in a way which conforms to a Zoning By-law. Examples of Minor Variance applications include requests for relief from building setbacks and height restrictions within the Zoning By-law.

A Minor Variance does not change a zoning by-law, it simply excuses you from a specific requirement of the by-law and allows you to then apply for a building permit.

Minor variances can be granted 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;
• The general intent and purpose of the Official Plan is maintained.

The Committee of Adjustment will refuse an application if, in its opinion, one or more of the above criteria have not been met.

If you think that you might need a Minor Variance, the first step is to consult with the Village’s Planning Department contacts to discuss the proposed minor variance and local requirements.

The applicant will need to fill out the application form. The application is to be signed in front of a Commissioner of Oath.

In order for the application to be deemed complete and ready for a public hearing in front of the Committee of Adjustment, you will need to submit the completed application form, a site plan or survey that will indicate the location of the property, the setbacks of all buildings or structures on the property and sufficient information to clearly identify the variance required.