Any development or changes to your property should comply with existing regulations.
Sometimes, a property has specific site characteristics or other unique circumstances that do not allow the development to strictly follow a regulation.
In these cases, you can apply for a variance to some regulations in the following bylaws:
- Zoning bylaw (other than use and density)
- Subdivision servicing bylaw
- Sign bylaw
- Tree protection bylaw
You can also apply to add to, or structurally alter, a building with a legally non-conforming use under Division 14 of the Local Government Act.
Find out which type of bylaw variance you need
There are two types of bylaw variances:
- Development variance permit application. These are delegated to staff to approve or considered by Council
- Board of Variance application
Development variance permits cover a wide range of variances. There is some overlap between the kinds of variances considered through a development variance permit application or application to the Board of Variance relating to siting, size, and dimensions of buildings and structures.
A key difference with a Board of Variance application is that that property owner must show strict compliance to the applicable bylaws would cause undue hardship.
How to apply for a development variance permit
- If your proposal needs a development variance permit, call 604-935-8170 to schedule a pre-application meeting with our Planning Department to discuss your proposal. Our staff will review the process, application requirements and timing.
- Submit a complete development variance permit application (PDF) with the required documentation and fees.
- To see if the development variance permit application will go to staff for approval or require Council to consider the application, check Schedule A of the development variance permit application. (PDF)
- Follow the application package guidelines when you post a development variance permit application notification sign on the subject lands.
How your application will be reviewed
- The Planning Department and other relevant municipal departments will review your application.
- For applications that were delegated to staff for approval, after the municipal review process our staff will advise you if your proposal was approved or denied. This decision follows the Development Variance Permit criteria and guidelines (see Schedule E of the land use procedures and fees bylaw).
- For applications requiring Council consideration, our staff make a report to guide Council’s decision. The staff recommendation is based on evaluation criteria for development variance permits (PDF). Our staff and Council also consider written submissions from neighbours.
- Council vote to approve or deny the development variance permit.
Fees
You will need to pay one of the following development variance permit application fees:
| Development variance permits – delegated to staff for approval (except for variances to the sign bylaw) | $3,500 |
| Development variance permits – delegated to staff for approval for a variance to the sign bylaw | $2,000 |
| Development variance permits – requiring Council consideration | $5,300 |
Notification to neighbours
If the development variance permit is delegated to staff to approve, it isn’t necessary to notify your property’s neighbours.
For development variance permits that need to be considered by Council, notice must be delivered to all owners and tenants on the property and adjacent to the property. This must be done at least 10 days before Council consider the development variance permit.
How your application is reviewed
To speed up the review process, make sure you submit complete and accurate information. Your application will go through the following steps:
- Our Planning Department and other relevant municipal departments will review your application.
- For applications delegated to staff for approval, our staff will make the decision to approve or deny the application. This decision follows the Delegated Development Variance Permit Criteria and Guidelines in Schedule E of the Land Use Procedures and Fees Bylaw.
- For applications that need to be considered by Council, our staff make a report that guides Council’s decision. This follows evaluation criteria for development variance permits (PDF). Our staff and Council also consider written submissions from neighbours.
- Council vote to approve or deny the development variance permit.
How to apply to the Board of Variance
The Board of Variance is independent from Council and deals with appeals for minor variances to Whistler’s Zoning Bylaw. The board is run in a quasi-judicial way; this means they make decisions in a way similar to a court.
You can apply to the Board of Variance to consider minor variances if following any of the following would cause undue hardship:
- A bylaw on the siting, size and dimensions of a building or structure
- Subdivision servicing (infrastructure) requirements under Section 506 (1)(c) of the Local Government Act in an area zoned for agricultural or industrial use
- A structural alteration or addition to a building or structure containing a nonconforming use that’s prohibited under Section 531 of the Local Government Act,
- A tree protection bylaw under Section 8(3)(c) of the Community Charter.
If a building inspector has determined that reconstruction caused by damage is a non-conforming use per Section 544 of the Local Government Act, you can apply to claim this is an error.
Steps to apply to the Board of Variance
- If your proposal is in the Board of Variance’s jurisdiction, call 604-935-8170 to schedule a pre-application meeting with our Planning Department to discuss your proposal. Staff will review the process, application submission requirements, and timing.
- Submit a completed Board of Variance Application (PDF) with the required documentation and fees.
- Attend the Board of Variance hearing to present your application.
Contact
Planning Department
604-935-8170
planning@whistler.ca