How do I know if my plan needs one?
The City checks every permit application against the zoning by-law, which sets out Location of buildings and other structures on a lot
, building size, height, lot sizes and parking. Its permit review page then says: If you are unable to comply with the provisions of the Zoning By-law, you may submit an application to the Committee of Adjustment for a minor variance.
(City of Hamilton, Building Permit Review and Approval, read November 5, 2026) The common triggers on a house are setbacks, height, lot coverage and parking. Which zoning by-law covers your lot is on the areas page.
What does it cost?
| Application | Fee |
|---|---|
| Minor variance | $4,135 |
| Routine minor variance: pools, decks, sheds, accessory buildings, porches, eave projections, legal non-complying situations and secondary dwelling units | $745 |
| Variances required after the fact | $5,160 |
| Recirculation | $340 |
| Zoning compliance review in support of a minor variance | $520 |
Fees from the City's Planning Division Fees 2026 (City of Hamilton, Planning Division Fees 2026, read November 5, 2026). Note the after-the-fact fee: asking first is cheaper than asking forgiveness.
What happens after I apply?
The Committee of Adjustment holds a public hearing and decides. If it approves the variance, the City says you may submit a Building Permit application, subject to the terms established by the Committee of Adjustment
(City of Hamilton, Building Permit Review and Approval, read November 5, 2026). So a variance adds a step before the permit, and the drawings have to match what the Committee approved. The Committee is at City Hall, 71 Main Street West, 5th floor, 905-546-2424 extension 4221 (City of Hamilton, Committee of Adjustment, read November 5, 2026).
How does this affect an addition or an ADU?
Most ADU rules are fixed distances and sizes, so a garden suite that misses one by a little is a typical variance; the ADUs page has the distances. On additions, the rear yard and side yard setbacks are the usual issue. JDT Construction Inc. draws the work on your lot before there is a price, which is where a setback problem shows up, before anyone has paid for permit drawings. What the permit costs once the variance is through is in what a building permit costs.