Development Variance Permits
Variance Permits are used to vary provisions of City bylaws, including the Zoning Bylaw, Subdivision & Development Bylaw, existing Land Use contracts, existing Development Permits issued before July 7, 1986 and other bylaws as specified in the Municipal Act.
By granting a variance, City Council may vary design, servicing and siting requirements such as a building's setback from the property line or where on the lot it can be located. But some land use, density or floodplain specification variances may require Zoning Bylaw and/or Official Community Plan Amendments and, in some cases, approvals by other levels of government. These processes are outlined separately.
The property owner or a representative with written permission from the owner may apply for a Variance Permit at the Development Services Department & Planning Division, on the second floor of City Hall.
Applications are processed by the Planning Department, and other City Departments, Provincial Ministries and outside agencies, as necessary.
Variance Permits are granted by a resolution of City Council. If Council is considering issuing a Variance Permit, a notice is sent to adjacent property owners and/or tenants informing them of the proposal and inviting them to comment.
If an application involves a commercial or industrial development with a floor area of over 4,500 square metres, or if the development is within 800 metres of an intersection with a controlled access highway, the permit must be approved by the provincial Ministry of Transportation and Highways.
Variance Permits are noted on the title of the subject property and are binding on anyone who acquires an interest in the land.
When to Apply for a Development Variance Permit
· When a new development proposal does not meet all the requirements of the Zoning Bylaw and Subdivision & Development Bylaw;
· Often in conjunction with a Development Permit;
· To "legitimize" an existing development that does not conform with the requirements of City bylaws, or for buildings that do not meet setback or height requirements.
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