Humber/Ontario Real Estate Course 4 Exam Practice

Which of the following is NOT a permissible variance under existing zoning bylaws?

1. Minor Variance

2. Non-Conforming Structure

3. Zoning Reclassification

4. Non-Conforming Use

5. Setback Adjustment

6. Density Variance

The correct answer is: Zoning Reclassification

Zoning bylaws establish regulations that dictate how land can be used within specific areas, and variances are mechanisms that allow for deviations from these rules under certain conditions. A permissible variance is typically a minor adjustment to the existing regulations that can be granted when it meets specific criteria laid out by the local zoning authority. Zoning reclassification refers to a formal process to change the zoning designation of a property rather than a variance. This process involves public hearings, reviews, and possibly new regulations being set, thus making it significantly distinct from the minor variances or adjustments that allow for certain deviations in existing zoning regulations. The other options refer to forms of variances or existing permissions within zoning bylaws. For example, minor variances allow for small deviations from specific zoning requirements, while non-conforming structures and uses refer to existing uses or structures that do not comply with current zoning but were lawful when established. Setback adjustments and density variances are forms of variances that can be granted under existing bylaws provided they fulfill the necessary criteria. Thus, zoning reclassification stands out as not being a permissible variance under existing zoning bylaws but rather a process for changing zoning classifications altogether.