VARIANCE: A Zoning By-Law is a by-law of general application to the entire municipality. As a general by-law, it may not be able to adequately deal with the unusual or unique conditions of a specific property. Strict application of the by-law could result in hardship in those specific instances. The Variance process allows Council to vary the application of the Zoning By-Law as it affects the property in order to mitigate adverse effects.
What is a Variance?
A Zoning Variance allows for an exception to the regulating Zoning By-Law as it applies to a specific property.
What is the process for a Variance?
Since a Variance alters the application of the Zoning By-Law as it affects a specific property, it can also affect neighbouring properties. Therefore, there is a requirement for public notice of the application and a public hearing to receive representations on the proposed Variance. Council has the authority to reject, or approve the requested Variance provided the Variance:
- will be compatible with the general nature of the surrounding area;
- will not be detrimental to the health or general welfare of people living or working in the surrounding area, or negatively affect other properties or potential development in the surrounding area; and
- is the minimum modification of a zoning by-law required to relieve the injurious affect of the zoning by-law on the applicant's property;
- is generally consistent with the applicable provisions of the Development Plan and the Zoning By-Law.
When is a variance required?
A Zoning Variance is required when a property owner proposes to build a structure on a parcel of land in a manner that does not conform to required zoning regulations, such as setbacks or building height.
CONDITIONAL USE: A municipal Zoning By-law lists categories of land uses (e.g., agriculture, residential, commercial, etc.) or zones and lists what types of uses are either permitted, conditional use, or not permitted within a zone. A conditional use is reviewed and approved by Council before it can be allowed on a property.
What is a Conditional Use?
A Conditional Use is a use of land or buildings that may be allowed by Council in a particular zone under the Zoning By-Law. Conditional Uses are specific land uses which may or may not be acceptable on a given property, depending on the context and particular circumstances of the proposed development. Council may consider it appropriate to impose conditions for its establishment and operation to ensure that it will be acceptable at the proposed location within the zone.
What is the process for a Conditional Use?
A Conditional Use application requires Council to exercise its discretion in applying the Zoning By-Law as it affects a specific property. As the Conditional Use can also affect neighbouring properties, there is a requirement for public notice and a public hearing to receive representations on the proposed Conditional Use.
Council has the authority to reject the Conditional Use, or approve the Conditional Use provided the Conditional Use:
- will be compatible with the general nature of the surrounding area;
- will not be detrimental to the health or general welfare of people living or working in the surrounding area, or negatively affect other properties or potential development in the surrounding area; and
- is generally consistent with the applicable provisions of the Development Plan and Zoning By-Law.
Can a Conditional Use be revoked?
The approval of a Conditional Use may be revoked if the applicant or the owner of the affected property fails to comply with the Conditional Use Order or the Development Agreement.
What is the fee for a Conditional Use or Variation Application?
The application fee is $300.00 for either a Conditional Use or Variation.
Can I get a refund if my application is rejected?
There are no refunds as the application fees are used to cover the costs of processing and notification.
How long does the application for a Conditional Use or Variance take?
The process from the time the completed application and all supporting documentation is submitted, reviewed by administration, notice prepared and sent, the public hearing conducted at a Council Meeting, until the final decision of Council typically will take 6-8 weeks. However, complicated requests may take longer, and the busy summer months or construction season may require additional time.
Can I appeal Council’s decision if my application is rejected?
Council’s decision is final and there is no appeal.
Can a Conditional Use or Variance Expire?
A Conditional Use or Variance expires if not acted upon within 12 months of the date of the decision of Council. This means the applicant must take steps to establish the use authorized by the conditional use order. Council may extend this 12-month deadline for an additional period not longer than 12 months, if an application is received before the 12-month deadline.
