What is the primary difference between a zoning bylaw amendment and a minor variance?
Correct Answer
C) Amendments change the zoning bylaw itself while variances provide relief from existing requirements
A zoning by-law amendment, passed by council under s. 34 of the Planning Act, changes the by-law itself (its text or maps). A minor variance, granted by the committee of adjustment under s. 45(1), leaves the by-law unchanged but permits a small departure from it for a particular property. In Ontario the committee must be satisfied the variance is minor, desirable for the appropriate development or use of the property, and maintains the general intent and purpose of the zoning by-law and the official plan.
Why This Is the Correct Answer
This is correct because it captures the structural difference: an amendment changes the zoning by-law itself, while a variance provides relief from an existing requirement for one property without changing the by-law. The first is a council decision under s. 34; the second a committee of adjustment decision under s. 45.
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