If your development does not align with the standards of the Zoning Bylaw, you may be able to apply for a Development Variance Permit. The permit cannot change land use type or density standards but it can alter:
the minimum distance of a build from a property line
the minimum distance of a build from a lake
certain characteristic including the maximum height of a building or the maximum/minimum size of a building
To apply
A completed application form, with Contaminated Sites waiver form, signed by all owners of the property. If the application is not signed by the owner, a completed Agent Authorization form or a letter from the owner authorizing someone to act on their behalf is required, or if owned by a registered company, by all listed signing directors.
You will need a proof of ownership document like a tax notice or certificate of title.
If the owner is registered as a corporation, a copy of corporate registry search or certificate of incorporation, including a list of current directors, dated no more than seven days before the application, and the application form must be signed by the authorized representative(s) of the corporation.
For changes to the permitted land uses, include a site plan or diagram showing:
location of proposed development with building dimensions and setbacks, including roads
siting of existing dwelling, sheds, garages, other outbuildings and physical features of the property
To amend a designation to allow subdivision, include the proposed subdivision layout including approximate dimensions of proposed lots, and locations of roads, utilities and physical features of the property.
The Development Services Department prepares a draft permit.
The Development Services Department writes a report based on the applicant’s information and forwards it with the draft permit to various government and technical agencies like the Ministry of Transportation and Infrastructure and the Ministry of Agriculture for comment.
A notice stating the intention of the application is delivered to landowners within 200 m (600 ft) of the subject parcel, as well as to the applicant. Anyone who believes they have an interest in the application can submit their comments in writing to Development Services.
The Development Services Department writes a report to the Regional District Board and includes any written comments received and they make a decision on the application.
If the application is approved by the Regional District Board, the Development Variance Permit is signed, dated and registered against the title of the parcel at the Land Title and Survey Authority of BC. A copy of the permit is provided to the applicant and another is given to the Building Inspector, as required, and one copy remains on file.
