A Development Variance Permit (DVP) allows exceptions to certain zoning, subdivision, sign or other bylaw regulations.
A DVP cannot change land use, density or floodplain specifications.
Most Development Variance Permits relate to adjustments to setbacks, building height or similar regulations. The permit is issued for a specific proposal, and development must follow the approved plans and conditions.
Decisions are made by City Council or a delegated staff member, depending on the type of variance.
What a Development Variance Permit can vary
A DVP may vary regulations related to:
- Setbacks
- Building height
- Parcel coverage
- Sign regulations
- Subdivision standards
- Other bylaw requirements
A DVP cannot:
- Change permitted land use
- Increase density
- Change floodplain requirements
- Override the Official Community Plan
When is a Development Variance Permit required?
You may need a DVP when your proposed development does not meet one or more bylaw regulations and you are seeking approval to proceed with a variance.
Unlike a Board of Variance application, a DVP does not require proof of undue hardship. Council or the Delegate considers the proposal in the context of City policies, neighbourhood impacts and public input.
Before you apply
Before submitting an application:
- Review the Zoning Bylaw and other applicable bylaws to identify the regulations you are seeking to vary.
- Review relevant Official Community Plan (OCP) policies. See the development standards policies guide [PDF/314KB] for more information.
- Confirm whether Development Permit Area (DPA) requirements apply to your property. For example, if the property is near environmentally sensitive areas, steep slopes or agricultural land, or requires a Form and Character Development Permit. View the development permits page for more information.
- Review Schedule D of the Development Procedures Bylaw No. 3106, 2023.
- Determine if you require a K’ómoks First Nation Cultural Heritage Investigation Permit (CHIP). This is needed for some areas near watercourses or with high archaeological potential. Contact K’ómoks First Nation at 250-339-4545 ext. 112, or visit K’ómoks First Nation's website.
- Depending on your project, you may need Engineering specifications related to frontage improvements or servicing upgrades.
- Contact Planning staff to discuss your proposal.
Planning staff can help confirm application requirements, fees and submission standards.
Application process
1. Research and prepare
- Identify the regulations you are seeking to vary and prepare a detailed proposal description.
- Review the Development Variance Permit application form and guidelines.
2. Meet with Planning staff
Once you have prepared sufficient information, staff will arrange a meeting to review your proposal and confirm next steps.
3. Submit your application
- Submit the completed Development Variance Permit application form [PDF/326KB]and compile the required documents.
- Staff will confirm payment instructions and next steps.
4. Staff review and referrals
- Staff circulate the application to relevant City departments and external agencies.
- Additional information may be required before proceeding.
5. Public notice and meeting
- If required, neighbouring property owners will be notified.
- In some cases, a community information meeting may be required before Council considers your application. This is based on the Development Procedures Bylaw No. 3106, 2023
- Staff prepare a report for the Delegate (Minor DVP) or City Council (Regular DVP).
- If required, public notices are sent to neighbours for comments, and the staff compiles public comments for inclusion in the report.
When Council is the decision-maker, the applicant is encouraged to attend the Council meeting.
6. Decision
The Delegate or Council may:
- Approve the permit
- Approve with conditions
- Deny the permit
- Request additional information
If approved, a Notice of Permit is registered against the property title at the Land Title Office.
Apply now
Complete and submit the Development Variance Permit application form with the required documentation.
Related links
- Application forms
- Building Bylaw No. 3114, 2023 [PDF/398KB]
- Business Licence Bylaw [PDF/1.1MB]
- Development Cost Charges Bylaw [PDF/92KB]
- Development Procedures Bylaw No. 3106, 2023
- Downtown Courtenay Revitalization Tax Exemption Bylaw [PDF/1.3MB]
- Fill Placement & Soil Removal Bylaw [PDF/173KB]
- Official Community Plan
- Pesticide Use Bylaw [PDF/47KB]
- Road permits
- Sign Bylaw [PDF/1.1MB]
- Subdivision and Development Servicing Bylaw [PDF/11.4MB]
- Tree Protection Bylaw [PDF/425KB]
- Zoning Bylaw 2500, 2007 [PDF/4.9MB]