Board of Variance Order Application Guide
· Islands Trust Area · Applications, Forms & Guides · 2025
Original Trust document
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Topics: Fresh water & aquifers · Forestry & trees · Bylaw enforcement · Agriculture & the ALR · Transportation & ferries · Governance & budget — our classification, not the Trust's.
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www.islandstrust.bc.ca Galiano, Mayne, North Pender, Saturna, South Pender Islands Victoria Office 200 - 1627 Fort Street Victoria, BC V8R 1H8 Ph: (250) 405-5151 southinfo@islandstrust.bc.ca Salt Spring Island, Ballenas- Winchelsea Islands Salt Spring Office 4 - 121 McPhillips Avenue Salt Spring Island, BC V8K 2T6 Ph: (250) 537-9144 ssiinfo@islandstrust.bc.ca Denman, Gabriola, Gambier, Hornby, Lasqueti, Thetis Northern Office 700 North Road Gabriola Island, BC V0R 1X3 Ph: (250) 247-2063 northinfo@islandstrust.bc.ca Board of Variance Order Information about Board of Variance Orders A Board of Variance can issue an order to vary certain land use bylaw regulations such as siting, size or dimensions of buildings or structures, or to grant relief to legal non-conforming buildings. However, the Board of Variance cannot vary: • A development permit, development variance permit, temporary use permit, or tree cutting permit • A Land Use Contract • A Phased Development Agreement • A flood plain requirement • A heritage conservation permit, heritage alteration permit, or heritage revitalization agreement The Board of Variance must also be satisfied that compliance with the land use bylaw regulations would cause the applicant undue hardship. Also, a Board of Variance cannot issue an order that: • Results in inappropriate development of the site • Adversely affects the natural environment • Substantially affects the use and enjoyment of adjacent land • Varies permitted uses and densities under applicable bylaws • Defeats the intent of the bylaw Application Process Pre-Application • Review the Islands Trust Policy Statement and Official Community Plan (OCP) to determine if your proposal aligns with policy • Determine whether your proposed development is located within a Development Permit Area; if so, an application for a Development Permit may also be required; contact Islands Trust to confirm • Review your local Land Use Bylaw (LUB) to identify applicable zoning regulations, permitted uses, siting, size, and other bylaw requirements (e.g. parking, landscaping, signage, and runoff control) • Determine where strict compliance with the land use bylaw would cause undue hardship Prior to submitting your application for a Board of Variance Order you may wish to contact local planning staff to review applicable policies and regulations. Application Submission • Submit a complete application to the Islands Trust Portal; incomplete applications will not be processed • Islands Trust staff may contact you to request any additional application materials Public Notification Once your application is received: • The Board of Variance Secretary will confirm whether your proposed variance can be considered by the Board of Variance; if it is uncertain, the Board will decide whether the application falls within its jurisdiction to consider • The Secretary will schedule a hearing date, time, and locat
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