Board of Variance
What is the Board of Variance?
The Board of Variance is an independent body that considers variances to the Village of Pemberton Zoning Bylaw. The Board has the authority to grant variances in situations where compliance with the Zoning By-law would cause a person undue hardship.
View the Board of Variance Terms of Reference
View Board of Variance Agenda and Minutes
(please note, agendas and minutes prior to 2014 can be obtained by contacting the Village at 604.894.6135 or firstname.lastname@example.org)
When can the Board permit variance?
A variance may only be permitted if the Board finds undue hardship; and if the variance does not:
- Result in inappropriate development of the site or adversely affect the natural environment.
- Substantially affects the use and enjoyment of adjacent land;
- Vary permitted uses and densities under the applicable bylaw; or
- Defeat the intent of the applicable bylaw.
What is the jurisdiction and limitations of the Board of Variance?
Within Board Jurisdiction:
- Variance of zoning regulation relating to the size, dimensions on sighting of buildings or structures;
- Structural addition of non-conforming buildings and structures;
- Relaxation of certain limited subdivision servicing requirements;
- Determination of the percentage of destruction of a non-conforming building or structure (a matter relevant to whether it can be rebuilt); and
- Variance of certain tree protection requirements.
Outside Board Jurisdiction:
- Conflict with a registered covenant or Section 219 of the Land Title Act.
- Deal with a matter that is covered in a permit or land use contract;
- Deal with a flood plan specification;
- Apply to a property where authorization for Heritage Conservation alterations are required;
- Apply to a property where Heritage Conservation is scheduled or contains a feature or characteristic of Heritage Conservation;
- Apply to a property where a Heritage Revitalization Agreement is in effect.
Board of Variance Appeal Application Process:
In making your application you should have a working knowledge of all relevant local zoning bylaw and maps, the Official Community Plan, and any special restrictions (e.g. heritage, land use contracts, development permits areas and restrictive covenants). Before submitting the application for a variance you may want to contact us to determine whether a bylaw variance appeal is valid.
Submitting an Application
Download the Board of Variance Application
Download the Board of Variance Checklist
Once it has been determined that by-law variance appeal is required, applicants must complete and submit the BOV application to the Village's Office, and provide all supporting documents. A BOV checklist is available to help organize the application package. For additional information required please consult this BOV Bylaw No. 678, 2011
What if I have a complaint about the process or a Board of Variance decision?
A decision made by the Board of Variance is final. However, judicial review of Board decisions is available through the Judicial Review Procedure Act. Judicial review may occur when it is suspected that the Board exceeds its jurisdiction, breaches the rules of procedural fairness in reaching its decision, or makes an unreasonable decision.