498 Development Variance Permits

498 (1) On application by an owner of land, a local government may, by resolution, issue a development variance permit that varies, in respect of the land covered in the permit, the provisions of a bylaw under any of the following:

• (a) the following Divisions of this Part:
  • (i) Division 5;
  • (ii) Division 11;
  • (iii) Division 13;
  • (iv) Division 17;
• (a.1) the application of a zoning bylaw in relation to residential rental tenure;
• (b) section 298(1)(j);
• (c) section 8(3)(g) of the Community Charter in relation to matters referred to in section 63(e) of that Act.

• (2) As restrictions on subsection (1), a development variance permit must not vary the following:

• (a) the use or density of land from that specified in the bylaw;
• (b) a flood plain specification under section 524(3).

• (3) In the event of conflict, the provisions of a development variance permit prevail over any provision of the bylaw.
• (4) As a restriction on section 229 of this Act and section 154 of the Community Charter, a local government may not delegate the power to issue a development variance permit except in accordance with section 498.1.

1985-79-8; 1987-14-34, 38; 1992-18-91, effective July 24, 1992 (B.C. Reg. 283/92); 1995-23-21, effective April 1, 1996 (B.C. Reg. 70/96); 1998-34-200, effective September 23, 1998 (B.C. Reg. 311/98); 2000-7-168, effective January 1, 2001 (B.C. Reg. 399/2000); 2003-52-391, effective January 1, 2004 (B.C. Reg. 465/2003); 2007-6-27, effective June 21, 2007 (B.C. Reg. 190/2007); RSBC 2015-1-498, effective January 1, 2016 (B.C. Reg. 257/2015); 2016-21-5; 2018-26-7; 2021-30-35.