What is a zoning variance and how do I apply for one in British Columbia?
This answer covers the law of British Columbia.
A zoning variance is permission to depart from a specific bylaw rule, such as a height limit or a lot coverage cap, without changing the zoning bylaw itself. How to apply depends on where your property is, so the steps, forms and fees are worth confirming with your local government. Start by contacting the planning department for your property.
People often mix up the different routes for asking for relief from a bylaw rule. Whether each is available, and what each can consider, depends on your local government and your facts.
A development permit is a different approval from a variance. In a designated development permit area, land must not be subdivided, and construction must not start on or alter a building, until a development permit is issued, unless an exemption applies. A development permit may vary or supplement a zoning bylaw but generally cannot vary permitted use or density. The exception is hazard-related conditions, which may vary use or density only as they relate to health, safety or protection of property. A variance is also not a building permit, and the required permits must be obtained before any stage of a project begins.
Key takeaways
- A zoning variance is permission to depart from a specific bylaw rule, such as height or lot coverage, and you ask your local government for it.
- A development variance permit application and a board of variance appeal are different routes, and which is available and what each can consider depends on your local government.
- A development permit is a separate approval that generally cannot vary permitted use or density, except for hazard-related conditions.
- A variance does not replace building permits, and permit requirements vary by local government, so contact the planning department before you finalize plans.