Humber/Ontario Real Estate Course 1 Exam Practice

If a zoning bylaw requires a minimum 40-foot lot frontage and an owner has a 38.5-foot frontage, what could the owner do to build a single-family home?

1. Submit a rezoning application.

2. Build the home because frontage discrepancy is less than three feet.

3. Seek immediate construction permit from municipal council.

4. Approach the committee of adjustment for variance approval.

5. Request an override of zoning requirements.

6. Secure written permission from neighboring property owners.

The correct answer is: Approach the committee of adjustment for variance approval.

If a property owner has a frontage that does not meet the minimum requirement set by the zoning bylaw, they can approach the committee of adjustment for variance approval. The committee of adjustment can grant minor variances to the zoning bylaws if certain conditions are met, such as the requested variance being minor in nature and maintaining the general intent of the zoning bylaw. Option A, submitting a rezoning application, would not be the correct course of action in this scenario as rezoning typically involves changing the entire zoning designation of the property, which is a more extensive process than seeking a minor variance. Option B is incorrect because even though the frontage discrepancy is less than three feet, it is still not in compliance with the minimum requirement stated in the zoning bylaw. Option C, seeking immediate construction permit from municipal council, is not accurate because a construction permit cannot bypass the zoning bylaw requirements. Option E, requesting an override of zoning requirements, is not a common practice, as zoning bylaws are put in place to regulate land use and development in a municipality. Option F, securing written permission from neighboring property owners, would not be a valid solution for not meeting the zoning bylaw requirements, as the compliance with zoning rules is a regulatory matter handled