Development Variance Permits

To request a variance to a bylaw regulation, you can apply for a Development Variance Permit.

What is a Development Variance Permit?

A Development Variance Permit (DVP) is a permit required to vary regulations in a development bylaw (Zoning Bylaw, Subdivision Bylaw, Parking Bylaw, and Sign Bylaw) such as building setbacks, height, or parking requirements. A DVP cannot be used to change the permitted uses or density of a property; for this, you must apply for rezoning. All DVP applications are subject to the approval of City Council. Once approved, a DVP is valid for two years.

What is the difference between the Board of Variance and a Development Variance Permit?

The Board of Variance addresses appeals for minor variances where compliance with the Zoning Bylaw would cause undue hardship. If you are requesting a significant variance and/or your reason for requesting a variance does not include a hardship rationale, a DVP application is likely more suitable. We can help you find the best option before submitting your application.

What is the application process for a Development Variance Permit?

  1. Submit Application: Process Begins

    Contact Staff about application requirements. Submit your complete application and application fee to Staff.

  2. Application Review: Weeks 1-4

    We review your application and request any other required information.

  3. Statutory Notification Process: Weeks 5-8

    Staff prepares a report to inform Council that we will begin statutory notification. Neighbouring properties are informed of your application by mail and hand delivery.

  4. Council Meeting

    Staff prepares a second report for Council requesting the approval of the application. Property owners within your neighbourhood have an opportunity to express their concerns at the Council meeting.

  5. DVP Issuance and Land Title Office Registration
    Upon Council approval, a DVP is prepared and forwarded to the applicant. Notice of Permit is also forwarded to the Land Title and Survey Authority of BC for registration on title.

Overview of DVP Process (PDF)

What do I need to apply for a Development Variance Permit?

As every property and variance appeal is unique, application requirements can vary. Before you apply, please contact the City to find out your application requirements. Once complete, submit your application to Current Planning & Subdivision staff at the Service & Resource Centre. Your application will be scheduled for the next possible Council meeting.

 

Development Variance Application Form (PDF)
Development Variance Application Checklist (PDF)
Appointment of Agent Form (PDF)
Development Variance Permit Guidelines for LED Signs (PDF)

What is the cost of the application?

The cost depends on the type of application:

  • Commercial, Institutional, Industrial or Multiple-Family: $750
  • Sign: $750
  • Single Family Dwelling or Duplex: $500
  • Gross Floor Area: $100

Multiple variance requests for the same property may be included in a single application.

Contact Us

Current Planning & Subdivision Department 250-755-4429
planning@nanaimo.ca

Last updated: June 29, 2017

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