Applying for a Variance - Fact Sheet

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Fact Sheet
Applying for 
a Variance 
Islands Trust
What is the purpose of a variance?
The purpose of a variance is to allow you to build in a way that is not permitted by the general 
zoning regulations. Regulations, such as setback, height, floor area, to name a few, are applied 
generally and may not be suitable for all properties. In some situations, a landowner may
need to build closer to a lot line, or higher than the permitted height or in some other way not 
envisioned by the general zoning regulation for the property.
What kind of situation may require a variance?
Pretty well any regulation in a Local Trust Committee's land use bylaw, other than use or 
density, can be considered for variance. Some examples, in addition to those listed above, are 
to allow certain features of a house to be built closer to the lot line, to allow water storage 
tanks in the setback area, to build a garage a little higher to accommodate a larger vehicle, to 
allow an increase in the floor area of an accessory building, to allow a building to be sited to 
protect a sensitive ecosystem or to provide room for a well and/or septic system on the 
property. In some cases, errors during construction requires a variance to be considered after 
construction to “legalise” the structure, or in other situations, old buildings were sited 
incorrectly due to poor surveying techniques or other legitimate reasons. These are just a few 
examples, but there are many other circumstances where a person may request a variance. To 
find out if you need a variance, you should contact Islands Trust planning staff.
When do I apply for the variance?
Ideally, you should apply as soon as you become aware that your construction or proposed 
construction does not meet the existing local bylaws. In most cases, this would take place at 
the planning stage prior to any clearing or construction on the lot. It may also be when you are
reviewing your site for future construction and discover that existing structures do not meet 
current bylaws.
What are the processes available to me if I am in a situation 
requiring a variance?
There are two ways to obtain a variance.
Board of Variance
The Board of Variance is a three person board appointed by the Local Trust Committee.
Individuals are invited to put their names forward to serve on the Board of Variance, and
after considering the applications, the Local Trust Committee appoints the individuals who 
then serve a three year term on the Board. The Board of Variance can consider variances to 
siting, dimensions or size of buildings or structures, or siting of manufactured homes in a 
manufactured home park, or subdivision servicing requirements in industrial or agricultural 
zones. The Board can also consider allowing structural alterations to legal non-conforming

 
 
 
 
  
 
 
 
 
    
 
 
 
 
  
 
 
   
 
 
  
 
 
 
 
 
  
 
 
   
 
 
  
 
 
 
 
 
 
 
 
 
  
 
 
 
 
    
  
  
  
 
  
 
 
   
 
 
  
 
  
  
  
  
  
  
    
  
  
 
   
 
 
   

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