A Development Variance Permit (DVP) alters the provisions of certain bylaws to allow a development that would not otherwise comply with the bylaw. Development Variance Permits are commonly used to vary bylaws that regulate parking, building setbacks, building height and building size.
Council has broad discretion to approve or deny applications for Development Variance Permits. Unlike the Board of Variance, Council is not limited to issuing minor variance where the applicant establishes undue hardship.
Council has the authority to vary the provisions of the Sign Bylaw, the Zoning Bylaw and the Subdivion Bylaw provided that the alteration does not regulate use, density, residential rental tenure or flood plain specifications.
How Do I Apply for a Development Variance Permit?
Applicants are encouraged to consult with Planning Department staff throughout the process.
- Consult: Applicant reviews the Official Community Plan and reviews application with Planning Department Staff
- Submit: Complete Development Application, all supporting documents and fees. Fees required include the Application fee, the Public Notice Fee and any Land Title fees incurred by the District.
- Planning Department Review: Planning Department reviews all aspects of the application and may circulate it internally to other departments and to external agenices if appropriate. Further documentation may be requested.
- Public Notification: Official notices are published in the Westerly News and mailed to property owners within 100m of the subject's property lot lines requested input on the application.
- Public Response: Public responds in writing or at the meeting of Council where the application is scheduled to be heard.
- Report to Council: Planning Department prepares a report to Council making recommendations about the application and includes any written public responses
- Council Meeting: Council considers the permit application at a regular Council meeting and resolves to issue the permit, requests additional information or declines the application.
- Permit Issued: District files a Notice of Development Permit Variance at the Land Title Office