The PRRD Board of Variance Bylaw No. 941, 1994, sets out the procedures to be followed by the Board of Variance.
What is a Board of Variance?
Pursuant to the Local Government Act, a local government that has adopted a zoning bylaw must establish one or more Boards of Variance (BOV). A person may apply to the BOV for a minor variance if they feel compliance with the bylaw would cause them a hardship. For example, if an unusual lot shape made it a hardship to site the house in conformity with the normal setbacks a person could apply for a minor variance.
BOV consists of three persons and each member is appointed for a three-year term by the regional board.
Meetings of a BOV must be open to the public.
The BOV may grant a variance if they have considered the following factors and are of the opinion that the variance does not:
- result in inappropriate development of the site
- adversely affect the natural environment
- substantially affect the use and enjoyment of the adjacent land
- vary the permitted uses and densities or defeat the intent of the bylaw.
The BOV focuses primarily on hardship relating to matters such as siting, dimensions and size of buildings. They cannot conflict with other matters such as Land Title Act covenants, permits or land use contracts or floodplain bylaw specifications.
Who can apply to the Board of Variance?
Registered Property owner(s) from Electoral Areas B, C, D, and E may apply to the Board of Variance or have an agent act on their behalf.
A person may apply to a board of variance for an order if the person alleges that compliance with any of the following would cause the person hardship:
(a) a bylaw respecting
- the siting, size or dimensions of a building or other structure, or
- the siting of a manufactured home in a manufactured home park;
(b) a subdivision servicing requirement in an area zoned for agricultural or industrial use; or
(c) the prohibition of a structural alteration or addition while a non-conforming use continues.