Municipality of Bayham

Minor Variance

The owner of a property who is unable to comply with the provisions of the Zoning By-law may apply to the Committee by means of an "Application for Minor Variance" to seek relief from the Zoning By-law. Section 45(1) of the Planning Act notes that a minor variance may be granted provided that, in the opinion of the Committee, the request is; minor in nature, is desirable for the appropriate development or use of the land, building or structure and the general intent and purpose of the By-law and the Official Plan is being maintained. Any authority or permission granted by the Committee may be for such time and be subject to such terms and conditions as the Committee considers appropriate.

Application

 

Within 30 Days

10 Days

10 Days

Within 20 Days

Within 15 Days

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

     Application is submitted.
Notice of application: s.45(5) & 0. Reg. 200/96 to be provided at least 10 days before the hearing.
Hearing to be held: within 30 days after application is filed s.45(4). The decision is often made at the hearing
Notice of decision: to be provided within 10 days after the decision is made s.45(10)
Decision appealed or becomes final & binding s.45(12). If final & binding, notice must be sent to the applicant & a certified copy of the decision filed with the municipal clerk s.45(14). There is no deadline for these requirements.
If appealed, a record must be sent to the OMB "forthwith" s.45(13) -- unless the appeal is withdrawn within 15 days s45(13.1 ). The OMB will notify the secretary-treasurer of the decision. That person will notify the applicant & the municipal clerk.