What can be appealed?

If compliance with the bylaw requirements would cause undue hardship a person may apply to the Board of Variance for variances of the zoning bylaw respecting the siting and dimensions of a building or structure. Examples of some of the non-compliance that may appropriately be addressed to the Board include:

  • house, accessory buildings or swimming pool encroaching into required yards, or sited too close to each other
  • over-height building
  • number of storeys
  • depth of building
  • over-height fences
  • vision clearance at street or lane corners

What cannot be appealed?

The Local Government Act does not identify density of development and property use as matters falling within the Board’s mandate and these cannot be appealed. As such, all requirements under Development Density subsections of the Zoning Bylaw are not appealable, and this includes oversize accessory buildings.
“This information is provided for convenience only and is not in substitution of applicable City Bylaws or Provincial or Federal Codes or laws. You must satisfy yourself that any existing or proposed construction or other works complies with such Bylaws, Codes or other laws.”
In addition, the Board of Variance is explicitly prohibited from making an order that:

  • results in inappropriate development of the site,
  • adversely affects the natural environment,
  • substantially affects the use and enjoyment of adjacent land,
  • defeats the intent of the bylaw.
  • would be in conflict with a covenant registered on Title for the property,
  • deals with matters that are covered in a development permit, a land use contract, or a phased development agreement,
  • varies a flood plain specification, or
  • deals with heritage properties.

Application Process

Board of variance