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Board Of Variance

[ BOARD OF VARIANCE ]

What Can Be Appealed?

If compliance with the bylaw requirements would cause undue hardship a person may apply to the Board of Variance for variances of the zoning bylaw respecting the siting and dimensions of a building or structure. Examples of some of the non-compliance that may appropriately be addressed to the Board include:

[ BOARD OF VARIANCE ]

Building Permits Are Only Issued When

House, accessory buildings or swimming pool encroaching into required yards, or sited too close to each other
Over-height building
Number of storeys
Depth of building
Over-height fences
Vision clearance at street or lane corners

[ BOARD OF VARIANCE ]

What Cannot Be Appealed?

The Local Government Act does not identify density of development and property use as matters falling within the Board’s mandate and these cannot be appealed. As such, all requirements under Development Density subsections of the Zoning Bylaw are not appealable, and this includes oversize accessory buildings. The Local Government Act does not identify density of development and property use as matters falling within the Board’s mandate and these cannot be appealed. As such, all requirements under Development Density subsections of the Zoning Bylaw are not appealable, and this includes oversize accessory buildings.

In addition, the Board of Variance is explicitly prohibited from making an order that:

Results in inappropriate development of the site,
Adversely affects the natural environment,
Substantially affects the use and enjoyment of adjacent land,
Defeats the intent of the bylaw.
Would be in conflict with a covenant registered on Title for the property,
Deals with matters that are covered in a development permit, a land use contract, or a phased development agreement,
Varies a flood plain specification, or
Deals with heritage properties.