If your development application doesn't comply with the current Zoning Bylaw, you may need a variance permit. Council can grant variance for the Zoning Bylaw, as well as for the Subdivision Bylaw and the Sign Bylaw. There are two types of variance applications you can make, depending on the circumstance: a Development Variance Permit or a Board of Variance Application.
Development Variance Permit
Development Variance Permits (DVPs) cover situations where the characteristics of your site don't allow strict compliance with an existing regulation. These applications apply when:
- The development is not considered minor in nature; and
- The applicant is requesting relief from a Bylaw regulation
A DVP can grant relief from the following regulations:
- The sitting, size or dimension of a building
- The prohibition against structural addition or alterations
- The subdivision servicing requirements in a particular area
When you apply for a DVP, the application goes through agency circulation. Then, Council, consulting a staff report with recommendations, makes a decision.
Board of Variance Application
If a zoning regulation would impose hardship on you, as the developer or owner, your application will go to the Board of Variance. A Board of Variance application applies when:
- There is undue hardship caused by a Zoning Bylaw regulation, including:
- The sitting, size or dimension of a building
- The prohibition against structural additions or alterations to a legal non-conforming use
- The development is minor in nature
- An individual feels there has been an error in judgment by the building inspector as to the extent of damage to a non-confirming structure
Application Process
To help guide you through the application process, we've put together an overview of the process, as well as a handbook that goes into more detail