Development Variance Permit

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What is a Development Variance Permit?

When site-specific conditions make it difficult for a proposal to meet certain bylaw requirements, a property owner may apply for a Development Variance Permit (DVP) to vary specific requirements in the Zoning Bylaw, Subdivision Bylaw, and Sign Bylaws. 

Depending on the nature and extent of the requested variance, a DVP may be considered by Council or issued by staff under the delegated authority set out in the Land Use Procedures Bylaw.

DVP applications are reviewed on a site-specific basis. The decision to support or not support a variance considers the circumstances of the property, the rationale for the request, and applicable policies and regulations. The DVP applies only to the specific regulations identified in the permit. DVPs are registered on title, and remain in effect for future property owners. 

When are Additional Applications Required?

  • If a proposal requires a Development Permit, the variance can be addressed within the Development Permit.
  • If a proposal requires making changes to a property’s use or density, a Rezoning Application is required.
  • If a proposal requires creating new lots from one property, or making changes to a property's boundary, a Subdivison Application is required.
Land Use Application Form

Development Variance Permit Application Process 

  1. The Development Variance Permit process begins when a property owner, or a person with the owner’s permission (applicant), submits an application. 

  1. The application is assigned to a File Manager, who reviews whether the proposed variance is suitable within the context of the surrounding area, by: 

    • Identifying the extent to which the proposal varies the applicable Bylaw regulations. 
    • Referring the application to relevant District departments for comment. 
    • Providing notice and opportunities for public input. 
    • Providing feedback to the Applicant. 
    • Preparing a Staff Report that explains the background on the property, the details of the proposal, how the proposal meets existing policy, recommendation of approval or denial, and lists any conditions that must be met.

  1. The application is brought before Council, or Staff through delegated authority, to decide whether to approve or deny the Development Variance Permit. 

Staff Delegated Development Variance Permits

Council has delegated some minor variances to staff for approval. Depending on the scope and size of the variance being sought, some examples of variances that may be considered under this delegated authority of the variance include: 

Setbacks 

Required distance from the property lines for buildings and structures 

Height 

How tall a building or structure can be 

Lot Coverage 

Amount of the site that can be developed with buildings and structures 

Parking 

Amount of vehicle and bike parking required 

Building Separation 

Space between any two buildings on a lot  

Yard Projections 

Part of the building that extends outward beyond the required setback line 

Fence Height 

How tall a fence can be 

Signage 

Visible displays on a property intended to advertise or draw attention 

Loading 

Area on a lot used for transferring goods or materials 

Landscape Screening 

Visual separation buffering properties or screening of some uses (eg. waste collection) 

Farm Residential Footprints 

Portion of a Rural lot used to cluster residential uses together 

Board of Variance 

The Board of Variance (BOV) is an independent body appointed by Council to consider minor variances related to the siting, size, or dimensions of a building or structure.

A property owner may apply to the BOV where strict compliance with a Zoning Bylaw regulation would cause undue hardship. The BOV considers whether the requested variance is minor and within its authority, and whether there is sufficient undue hardship to support the request. 

After making a decision, the Board issues an order approving or denying the application. If approved, the order allows the variance for the property and continues to apply if the property is sold, although it is not registered on the property’s land title. If the Board denies an application, the applicant may still apply for a Development Variance Permit.