Development Variance Permits

As the bylaws cannot anticipate each development scenario in the city, this tool provides the City with some flexibility to consider different design solutions, where appropriate.

A DVP can be used to vary requirements like building height, building setbacks, number of parking or loading spaces, site coverage, sign size, and number of signs. A DVP cannot vary permitted uses or density. Only a Zoning Amendment Bylaw (rezoning) or Heritage Revitalization Agreement Bylaw may be used to change a site’s permitted use and/or density.

DVP applications that include minor variances are delegated to the Director of Planning and Development for consideration of issuance. Minor variance criteria, evaluation principles and other provisions are included in appendices of the Development Approvals Procedure Bylaw. All other DVPs are considered by Council for issuance.

A DVP is often required when a project proposes a form of development and/or signage does not conform to the requirements of the Zoning Bylaw or the Sign Bylaw. A clear and complete rationale that details how the proposal would mitigate the consequences of a variance, is expected to accompany any DVP application.

Once a development permit application has been submitted and the application fees paid, the Planning file manager will conduct and coordinate review of the application, which may involve other City departments and committees. The application review process is informed by the scope and complexity of the development permit, as well as associated applications (e.g., development permit).

Information on key components of the development permit process are below. However, this information is not intended to be comprehensive and the Planning file manager will provide project-specific information once the application has been assigned.

Consultation with neighbours, the community, City committees and stakeholders may be required depending on the scale, impact scope or complexity of the proposed application. The Planning file manager can provide further direction through review of the application.

DVP applications that do not meet the minor variance criteria contained in the Development Approval Procedures Bylaw are considered by Council. Once the application has completed the necessary review and consultation (where required), the Planning file manager would prepare a report to Council requesting that notice be given advising the public that they intend to consider issuance of the DVP. At the subsequent meeting, Council would then consider permit issuance.

For applications presented to Council, the City may distribute notices that Request Public Comment on the application. Any person who believes their interests may be affected by the DVP application, would be provided an opportunity to express their opinion to Council in writing by email or written submission. After closure of the Request for Public Comment period, Council would then consider the application.

As an alternative to a Development Variance Permit, property owners may be eligible to apply to the Board of Variance. The Board of Variance considers variances which are, in the opinion of the board, both minor and would cause the applicant hardship if they were required to conform to zoning requirements. The Board of Variance may also consider other limited scenarios allowed by the Local Government Act such as those which involve the extension of an existing non-conforming use.

Applicants should contact the for more information on the Board of Variance. Applications to Board of Variance are uncommon, and in recent years, all variance requests have been reviewed through a Development Variance Permit Process delegated to the Director of Planning and Development.