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Board of Variance

Where a Council has enacted a zoning bylaw, the Local Government Act requires it to establish a Board of Variance. The Board of Variance is an avenue for appeal on the interpretation and the strict application of certain local government provisions and regulations. The Board functions separately from Council and has its own authority under the Act.

The Board of Variance is not an appeal board for local government policy decisions, and it cannot replace decisions of elected officials. It is confined to considering variances that will not impact adversely upon a policy decision or change the intent of a bylaw adopted by the municipal council. Variances can be granted, respecting bylaw requirements, for the siting, dimensions, or size of buildings, but cannot be granted to vary the use or density provisions of a bylaw.

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