Minor variance applications in Markham are decided by the Committee of Adjustment at monthly hearings, with all filings submitted through the ePLAN portal. Applications within Secondary Plan areas require a completeness review against both the Secondary Plan and Comprehensive Zoning By-law 2024-19 performance standards before the hearing is scheduled.
Markham's Committee of Adjustment meets monthly and files all minor variance applications through the ePLAN portal. Applications within Secondary Plan areas require a completeness review against both the Secondary Plan performance standards and the Comprehensive Zoning By-law 2024-19, which can produce a more complex variance request than a single-bylaw jurisdiction.
The Committee has jurisdiction to apply conditions to variance approvals, including conditions requiring site plan review for variances above 10% of a required standard. A condition requiring SPC submission extends the time to Building Permit issuance by 6 to 18 months beyond the minor variance decision date, depending on site complexity.
Markham planning applications are circulated to multiple approval bodies depending on site characteristics and application type. Triggers are site-specific and confirmed at the Pre-Application Consultation Request (PRCN) stage.
| Body | Application types |
|---|---|
| City of Markham — Planning and Urban Design | SPC, ZBA, OPA, Subdivision, Condominium, Consent, Variance |
| York Region | SPC, ZBA, OPA, Subdivision |
| Toronto and Region Conservation Authority | SPC, ZBA, OPA, Subdivision |
| Lake Simcoe Region Conservation Authority | SPC, ZBA, OPA, Subdivision |
| York Region District School Board | Subdivision |
| York Catholic District School Board | Subdivision |
| Parks Canada (Rouge National Urban Park) | OPA, ZBA, SPC |
Markham's Committee of Adjustment decides minor variance applications at scheduled hearings. The four-part test under Section 45(1) of the Ontario Planning Act governs all decisions. An application that misses the submission deadline is deferred to the next hearing cycle.
Verify the required relief is a minor, site-specific deviation from the zoning by-law and does not require a ZBA or Official Plan Amendment.
Submit the application with site plans, supporting materials, and the applicable notice fee. Request a specific hearing date from the Committee Clerk.
City Planning circulates notice to all owners and occupants within the required radius. Staff prepare a report assessing the four-part test under Section 45 of the Ontario Planning Act.
The Committee hears the applicant, staff, and any persons wishing to be heard. The Committee typically renders its decision at the same hearing, with written reasons to follow.
Any party with standing may appeal the Committee decision to the Ontario Land Tribunal (OLT) within 20 days. An appeal suspends the Committee decision until OLT resolves it.
Committee decisions often include conditions. Conditions must be cleared before any Building Permit dependent on the variance is issued. Some conditions require site plan review or registered legal agreements.
The 30-day statutory notice period must elapse before the Committee hearing can be held. An OLT appeal after the hearing can add 6 to 18 months.
A minor variance application requires a smaller document package than a ZBA or OPA application. The Committee of Adjustment focuses its review on the four-part test rather than the full planning justification and agency comments package.
A minor variance application requires fewer documents than a full planning application. The Committee of Adjustment reviews the specific deviation against the four-part test rather than the full agency circulation package required for a ZBA or OPA application.
| Document | Purpose |
|---|---|
| Completed application form | Required for all Committee of Adjustment applications |
| Site plan (existing and proposed conditions) | Shows the existing conditions and what the applicant proposes to build or change |
| Building elevation drawings | Required for additions or new structures; not required for setback-only variances on existing buildings |
| Notice fee | Covers the cost of mailing notice to all owners and occupants within the required radius |
| Covering letter addressing the four-part test | Explains how the proposed variance satisfies all four criteria under Section 45(1) of the Ontario Planning Act |
| Photos of the site and adjacent properties | Requested by most municipalities to assist the Committee in understanding the site context |
Is your proposed deviation eligible for a minor variance in Markham? Enter your address and PreBuildIQ checks the applicable zoning standard in 60 seconds.
Generate my checklist →Committee of Adjustment processes vary across Ontario municipalities in hearing frequency, applicable standards, and the complexity introduced by secondary plans or bylaw appeals. The table below compares Markham against adjacent municipalities.
| Municipality | Committee of Adjustment frequency | Typical total timeline | Appeal body | Statutory notice period |
|---|---|---|---|---|
| Markham | Monthly | 6–10 weeks (no appeal) | Ontario Land Tribunal (OLT) | 30 days |
| Vaughan | Monthly | 6–10 weeks (no appeal) | Ontario Land Tribunal (OLT) | 30 days |
| Richmond Hill | Twice monthly | 6–10 weeks (no appeal) | Ontario Land Tribunal (OLT) | 30 days |
| Whitby | Monthly | 6–10 weeks (no appeal) | Ontario Land Tribunal (OLT) | 30 days |
See how Markham's Committee of Adjustment process compares to adjacent municipalities. Lookup takes 60 seconds.
Look up my address →A minor variance in Markham is a site-specific permission to deviate from a specific performance standard in Comprehensive Zoning By-law 2024-19 such as a setback, building height, lot coverage, or parking requirement. Minor variance applications are decided by the Committee of Adjustment under Section 45 of the Ontario Planning Act, without City Council involvement. To be approved, the variance must pass the four-part test: it must be minor, desirable for the appropriate development of the land, within the general intent and purpose of the Official Plan, and within the general intent and purpose of the Zoning By-law.
A minor variance in Markham typically takes 6 to 10 weeks from application to Committee of Adjustment decision, including the mandatory 30-day statutory notice period. The notice period must be completed before the hearing can be held. Missing the submission deadline for a specific hearing adds a full hearing cycle to the timeline. If a party appeals the Committee decision to the Ontario Land Tribunal (OLT) within the 20-day appeal window, the total timeline can extend by 6 to 18 months pending OLT resolution.
The four-part test under Section 45(1) of the Ontario Planning Act requires that all four criteria be satisfied for a minor variance to be approved. The variance must be: (1) minor in nature, meaning the deviation is small and its impacts on neighbouring properties are limited; (2) desirable for the appropriate development or use of the land, meaning it enables a reasonable use of the property; (3) within the general intent and purpose of the Official Plan; and (4) within the general intent and purpose of the Zoning By-law. A variance that clearly satisfies three criteria but is contested on the fourth is routinely appealed to the OLT.
A minor variance addresses a small, site-specific deviation from a numeric performance standard in Comprehensive Zoning By-law 2024-19, such as a setback reduction of 0.5 metres or a 5% increase in lot coverage. It is decided by the Committee of Adjustment without Council involvement and can be resolved in 6 to 10 weeks. A ZBA changes the zoning category, permitted uses, or fundamental performance standards for a property and requires City Council approval, typically taking 14 to 24 months. A ZBA is required when the deviation is significant, when the use is not permitted, or when an Official Plan change is also needed.
Any party with standing can appeal a Markham Committee of Adjustment decision to the Ontario Land Tribunal (OLT) within 20 days of the decision. Parties with standing include the applicant, the municipality, and any person who appeared before the Committee or submitted a written submission. An OLT appeal suspends the Committee decision, preventing any Building Permit dependent on the variance from being issued until the appeal is resolved. OLT proceedings for contested minor variances typically take 6 to 18 months.
A Markham minor variance application requires: a completed application form; a site plan showing both existing and proposed conditions, drawn to scale; elevation drawings for any proposed building addition; the applicable notice fee; and a covering letter explaining why the proposed variance satisfies all four parts of the four-part test under the Ontario Planning Act. Some municipalities also require photos of the site and adjacent properties. The Committee Clerk's office can confirm the exact requirements at the time of filing.
A deferred Committee of Adjustment hearing adds a full notice period and another full month to your timeline. Enter your Markham address and PreBuildIQ identifies the applicable zoning standard and required documentation in 60 seconds.
Generate my checklist