Minor Variance

Prior to submitting an application, it is strongly recommended that you contact Planning staff in order to determine the feasibility of your proposal at [email protected]  or by visiting the front counter of the 5th floor at City Hall, 71 Main Street West, Hamilton. Please include the subject address, brief sketch and/or explanation of the proposal.

Please review the applicable Official Plan (Rural Hamilton Official Plan or Urban Hamilton Official Plan) and for lot creation and consent policies applicable to your application. Please review the applicable Zoning By-law for lot size, frontage, and setback requirements for your application.

This application form is to be used by persons or public bodies wishing to apply for Minor Variance or Permission under Section 45 of the Planning Act within the City of Hamilton.

Complete Minor Variance Application Form(PDF, 402.76 KB)

Important tips when completing the nature and extent of the application (Section 3)

• This item is extremely important as this is the reason for the application and the relief that is being requested. The Notice of Hearing for the application and the Decision are both formulated from this item. It is imperative that the applicant clearly indicate all of the variances being applied for in exact mathematical terms with proposed figures. If the applicant is not sure of the exact nature of the application, they should complete a Zoning Compliance Review in advance of submitting the minor variance application
• The staff processing the minor variance application cannot look beyond the information provided in Section 3 and must process your application on the basis of information submitted.
• Any errors or omissions in the application could result in discovery could result in additional variances required at a later date and require another application.
• If the application is being made for a Second Dwelling Unit it must be clearly noted, specific policies apply.
• If the scope of work involves a reconstruction of an existing dwelling (building being all or partially demolished) it must be clearly noted, specific policies apply.

Submissions must include:

• One (1) copy of the completed application form (all applicable sections filled out and commissioned)
• One (1) copy of the Survey or Site Sketch, including all required information per Section 3
• One (1) of any additional information, including studies and payment.

All applications are required to be submitted in electronic format via the City of Hamilton’s Customer Portal. If you require alternate arrangements, contact the Planning Division at 905-546-2424 ext. 1355 or [email protected] for assistance.

Application fees must be made upon submission or the application is deemed incomplete. Fees are non-refundable. Fees can be paid online by credit card or by cheque or certified cheque (payable to “City of Hamilton”) and must be accompanied by a cover letter or Fee Intake Memo.(PDF, 129.58 KB)(PDF, 89.05 KB) 

Refer to the Planning Division Fees page for a complete list of application fees.

Review fees for other external agencies (Conservation Authority, Hamilton International Airport) may be applicable, and the applicant shall contact each agency for confirmation of their fees.

The application must be accompanied by a sketch or survey plan (in metric) containing this information (you may submit additional sketches if all information is not able to be provided on one plan):

You must provide these details with your sketch map:

• The true dimensions and boundaries of the property for which the application is being made (note: a sidewalk is not usually a lot line);
• The location, size and type (e.g. deck, Single Detached Dwelling, etc.) of all existing buildings, structures or uses on the subject property, including setbacks measured from the front, rear and side lot lines;
• The location, size and type of all proposed buildings, structures or uses on the subject property (e.g. covered porch, Duplex Dwelling, parking spaces, etc.), including setbacks measured from the front, rear and side lot lines;
• All projections from buildings and structures, including but not limited to eaves and gutters, steps, fire escapes/exterior staircases, etc.;
• Location of all natural and artificial features on the subject land and on land that is adjacent to the subject land that may affect the application (e.g. railways, trees, wells and septic tanks);
• Location, width and name of any roads within or abutting the subject land;
• Location and nature of any easement affecting the subject land;
• The information provided must be legible and drawn with good drafting techniques.

Additional Information Required

This information may be required depending on the nature of variances sought. Please contact the Planning Division for assistance in determining what information may be required for your application.

• Lot coverage for all buildings, structures and uses;
• Dimensions and floor plans;
• Elevation plans showing height of building/structure;
• Percentage and dimensions of front yard landscaping, planting strips and additional landscaping as required;
• Percentage/width of front yard driveway;
• Access driveway width;
• Size and location of loading spaces; and
• Large (full sized) drawing for large-scale developments, must be adequately legible.
• Note: failure to provide this information as required could result in the delay of your application.

If this is your first time applying online with the City of Hamilton, you’ll need to complete two simple steps.

Step 1: Create a City of Hamilton Account (my.hamilton.ca)

You will need to create an account at my.hamilton.ca/

• This is the City’s centralized access point that allows you to easily view, access, and submit a wide range of City services using one account.
• Once your City account is created, you can sign in anytime to manage your services online.

Step 2: Access the Customer Portal

• After signing into my.hamilton.ca/, select the Planning & Development Applications category to create your Customer Portal account.
• Once you are setup on the Customer Portal, navigate to Getting Started and select Planning & Growth Management. Select an action and follow the steps.

Need Help?

• For assistance with my.hamilton.ca and login troubleshooting visit My.hamilton Portal FAQs
• For assistance with applying, visit Planning, Permitting, Licensing & By-Law System

If you already have:

• a my.hamilton.ca account, and
• a Customer Portal account, 

Visit my.hamilton.ca/ and select the Planning & Development Applications category. Navigate to Getting Started and select Planning & Growth Management. Select an action and follow the steps.

Need Help?

• For assistance with my.hamilton.ca and login troubleshooting visit My.hamilton Portal FAQs
• For assistance with applying, visit Planning, Permitting, Licensing & By-Law System