If you wish to use, alter or develop your property in a way that does not conform with the Zoning By-law, you must apply for a site-specific amendment to the by-law. You can do this through either a Zoning By-law Amendment application (commonly called a rezoning) or a minor variance application.

1. Rezonings are used for major revisions to the Zoning By-law such as land use changes or significant increases in permitted building heights and development densities.
2. Minor variances are used for issues such as small changes to building setbacks or parking requirements.

A minor variance approval allows the property owner to obtain a building permit even though their property does not comply precisely with the zoning bylaw. Under section 45(1) of the Planning Act there are four tests that a minor variance must meet:

1. Is the application minor?
2. Is the application desirable for the appropriate development of the lands in question?
3. Does the application conform to the general intent of the Zoning By-law?
4. Does the application conform to the general intent of the Official Plan?

​The Planning Act grants authority to Municipal Councils to appoint committees to approve a number of minor applications. Section 45 of the Planning Act permits the Committee of Adjustment to make decisions on minor variances from the Zoning By-law and to grant permission for altering or changing a lawful non-conforming use of land, buildings, or structures. Section 53 of the Planning Act permits the Committee of Adjustment to make decisions on applications for changes to the land configuration in the form of consent.

If you wish to divide your land into lots, blocks or units which can be sold, you must apply for:

1. Plan of Subdivision or
2. Plan of Condominium or
3. Part Lot Control Exemption application or
4. Consent

Consents, processed through the Committee of Adjustment, provide landowners with some flexibility within the subdivision control process. Subdivision control refers to the statutory power of government to regulate the division of land into smaller parcels. All land in Ontario is subject to subdivision control, which is exercised through the mechanism of registered plans of subdivision or approval of consents.

A consent application is required to:

1. Divide land (sever) into new lots, and/or
2. Add land to an abutting lot (lot additions, lot adjustments, lot extensions, corrections to deeds or property descriptions), and/or
3. Establish easements or rights-of-way, and/or
4. Lease land or register a mortgage in excess of 21 years

City Council has delegated the approval authority for the creation of new lots to the Committee of Adjustment. Approval authority for all other types of consents has been delegated to the Deputy Secretary-Treasurers of the committee.

You should consider applying for a zoning review to confirm that your proposal complies with the Zoning By-law and to determine if any other approvals are required for the release of a building permit.