The Local Government Act mandates that the Board of Variance may consider applications from individuals who allege that compliance with any of the following would cause the person hardship:
- A bylaw respecting the siting, dimensions or size of a building or structure, or the siting of a manufactured home in a manufactured home park;
- A bylaw respecting the protection of trees;
- The prohibition of a structural alteration or addition to a parcel containing a non-conforming use; and,
- Subdivision servicing requirements under section 506 of the Local Government Act in an area zoned for agricultural or industrial use.
Hardship may be defined as a grievous circumstance that results from aspects of the subject of the site (e.g. a steep slope that makes a portion of the site unsuitable for development), as opposed to hardships generated by the site owner.
An individual may also apply to the Board of Variance under the Local Government Act if the individual alleges that the Building Inspector is in error in determining the extent of damage preventing reconstruction as a non-conforming use.
If the applicant requests a variance that is deemed to not be the result of an undue hardship, the Development Services manager or designate will advise the applicant to pursue other options. The alternative options are:
- Development Variance Permit; or
- Zoning Bylaw Amendment.