Tests of Variance
According to the Municipal Act s.307, the board of variance shall not approve an application for a variance if:
- the unusual condition is the result of the applicant’s or the property owner’s action;
- the adjustment requested would constitute a special privilege inconsistent with the restrictions on the neighbouring properties in the same district;
- the variance or exemption would be contrary to the purposes and intent of the official community plan or zoning bylaw and would injuriously affect the neighbouring properties; or
- the variance or exemption would allow a change to a use that is not similar to a permissible use in the area.
The Development Officer assesses variance applications under the tests above and refers it to the Board of Variance for a decision.
