Under section 498 of the Local Government Act property owners have the right to make application to their local government for a Development Variance Permit (DVP) which allows them to request changes on a site-specific basis to the requirements outlined in the Zoning Bylaw and Subdivision, Development and Standards Bylaw (e.g., setbacks, height, parking). Under the Local Government Act, a DVP cannot vary land use or density.
When a property owner makes application for a DVP, staff review the application for information related to the subject property such as location, current zoning and associated requirements for that zone. Once those facts are gathered staff will review items such as scope & scale of the proposed project, use and enjoyment of neighbouring lands, effects on the natural environment, public interest, and mitigation efforts among others. Referrals may be sent out to various agencies such as Agricultural Land Commission, Ministry of Transportation and Transit, Interior Health Authority, etc for input on the application.
The application will then proceed down one of two paths:
Delegated Development Variance Permits
If the application meets the threshold outlined in the Township of Spallumcheen Delegation of Authority Bylaw 2112, 2023 as a Minor Development Variance, then staff will complete the final review and make the determination to approve or not approve the application.
Council Decision
If the application does not meet the threshold of a Minor Development Variance, then the staff will prepare a report for Council and the application will be presented to Council for their review and consideration of approval.
DVP applications require the submission of an application fee, completed application form and supporting documentation (i.e. site plan and elevations). A DVP may be required prior to subdivision approval or the issuance of a building permit (if the structure does not meet zoning requirements such as setbacks or height limitations established in the zoning bylaw). A DVP may also be needed when existing conditions on a property pose difficulties for the siting of new structures.