Fact Sheet: Applying for a Variance, Islands Trust, 2021

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January 14, 2021 
 
FACT SHEET 
Applying for a Variance 
 
 
 
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 easily adhered 
to for all properties. In some situations, a landowner may want 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 an Islands Trust 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 or to provide room for 
a well and/or septic system on the property. In some cases, errors made during construction require a variance to 
be considered after construction,  to “legalize” 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 (T: 250.405.5151; Toll-free: 1.800.663.7867). 
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: 
 
1. Board of Variance 
The Board of Variance is a three-person board appointed by the local trust committee. The Board of Variance can 
generally consider variances   to siting, building or structure dimensions, or subdivision servicing requirements in 
industrial or agricultural zones. The Board can also consider allowing structural alterations while legal non-
conforming uses are continued.  

January 14, 2021 
 
TIP: A "legal non-conforming use" is a use of land or structure which was legally established according to the 
applicable zoning and building regulations of the time, but which does not meet current zoning and building 
regulations.  
Zoning laws are forward-looking and regulate future uses of a land or property site rather than the existing ones. 
Zoning laws are not retroactive. Take, for example, an industri

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