Variance

A variance is a discretionary relaxation by a local government of a specific zoning or bylaw requirement—such as a setback, height limit, or lot coverage—for a particular property. Under the Local Government Act, RSBC 2015, c. 1, variances are typically granted through a development variance permit (issued by municipal council) or through a board of variance process. Verify the specific process and timelines for your municipality with a BC lawyer or the local government directly before applying.

The Local Government Act, RSBC 2015, c. 1, authorizes local governments to grant development variance permits and establishes boards of variance to hear applications. Specific sections govern the scope, process, and limitations of variances, but the exact provisions depend on the municipal bylaw framework. Verify the current sections and municipal bylaws with a BC lawyer or the relevant local government before proceeding.

Typically, a property owner (or their authorized agent) can apply for a variance with the local government or board of variance that has jurisdiction over the property. The Local Government Act, RSBC 2015, c. 1, sets out the general framework, but each municipality's bylaws specify application procedures, fees, and eligibility. Verify the current requirements and fees with the local government or a BC lawyer before applying.

A development variance permit is issued by municipal council (or delegated authority) under the Local Government Act, RSBC 2015, c. 1, and typically follows a staff review and public notice process. A board of variance is a quasi-judicial tribunal established under the same Act that hears variance applications and issues binding decisions, often when council processes are unavailable or when an applicant seeks an independent review. Verify the process applicable to your property with the local government or a BC lawyer.

A variance provides minor relaxation of specific bylaw requirements (e.g., setback, height) without changing the underlying zoning designation, whereas rezoning formally amends the zoning bylaw to allow different land uses or density under the Local Government Act, RSBC 2015, c. 1. Rezoning is a legislative process requiring council approval and often involves a public hearing, while variances are discretionary and typically involve less extensive public consultation. Verify which process applies to your proposed development with a BC lawyer or municipal planner.

Yes. Under the Local Government Act, RSBC 2015, c. 1, variances are intended for minor relaxations and cannot authorize uses prohibited by the zoning bylaw or fundamentally alter the character of zoning regulations. Municipalities and boards of variance must consider the impact on neighbouring properties and consistency with the official community plan. Verify the scope of permissible variances for your property with a BC lawyer or the local government before applying.

Generally, yes. The Local Government Act, RSBC 2015, c. 1, and municipal bylaws typically require that neighbouring property owners be given notice of a variance application and an opportunity to provide comments or objections. The exact notice period, form, and distance from the subject property vary by municipality. Verify the current notice requirements with the local government or a BC lawyer before submitting an application.

In some cases, yes. Board of variance decisions may be subject to reconsideration or appeal to the BC Supreme Court on questions of law or jurisdiction, as set out in the Local Government Act, RSBC 2015, c. 1, and applicable case law. Development variance permits issued by council may be subject to judicial review but typically not to a standard appeal process. Verify appeal rights and deadlines with a BC lawyer immediately if you wish to challenge a variance decision.

A granted variance typically runs with the land and applies to the property itself, not the individual owner, under the Local Government Act, RSBC 2015, c. 1. However, some variances may be conditional or tied to a development permit with expiry provisions, and changes to municipal bylaws can affect ongoing validity. Verify the terms and duration of any variance with the local government or a BC lawyer before purchasing or developing property.

Building in contravention of municipal zoning or bylaws without an approved variance may result in a stop-work order, fines, or a requirement to remove or remedy the non-compliant structure under the Local Government Act, RSBC 2015, c. 1, and the Community Charter, SBC 2003, c. 26. Enforcement remedies vary by municipality and may include prosecution or injunction. Verify compliance requirements and obtain all necessary permits and variances with a BC lawyer or municipal building department before commencing construction.