Bylaw Variances
Property owners should design their development to comply with existing regulations. However, in some situations there may be specific site characteristics or other unique circumstances that do not permit strict compliance with an existing regulation. Some variances may be considered by Council, while others may be considered by the Board of Variance.
Development Variance Permits
Apply for a Development Variance Permit
An application for a Development Variance Permit (DVP) may be considered if a development proposal does not meet certain regulations contained in the Zoning Bylaw, Sign Bylaw or Subdivision and Development Control Servicing Standards Bylaw.
Development Variance Permits may not be used to vary permitted land uses or densities (in those cases, a rezoning is required) and it cannot be used to vary floodplain specifications in the Zoning Bylaw (in that case, a Floodplain Exemption is required).
Variances may be requested for such things as setbacks, building height, lot width, lot coverage, sign area, road right-of-way width.
Evaluating Development Variance Permits
The evaluation of a variance request considers the following elements:
- Is it reasonable?
- Will it have an unacceptable impact on the surrounding area?
- Is there a community or environmental benefit to granting the variance beyond that received by the owners of the property?
- Is there a physical constraint or unique topographical condition that makes strict compliance with a pertinent bylaw difficult? This condition must relate to the location, size, site configuration, topography or other natural attribute of the site (e.g. rock outcrop, floodplain, natural vegetation), not the business or financial aspects of the development.
If you are considering applying for a Development Variance Permit please contact Planning staff to discuss your proposal before making an application.
Board of Variance
As an alternative to applying for a development variance permit from a local government, a person may apply to the board of variance if they feel compliance with the bylaw would cause them hardship.
A local government that has adopted a zoning bylaw must establish a Board of Variance to allow property owners to request relief from provisions of the bylaw.
The Board of Variance has a mandate to focus on hardship, which primarily relates to matters such as siting, dimensions and size of buildings.
The Board of Variance operates independently of Mayor and Council and meetings are open to the public.
For an assessment on what applies to your proposal, please contact us.