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498.1 Delegation Of Power To Issue Development Variance Permit

In This Volume

  • 498.1 (1) A local government may, by bylaw, delegate to an officer or employee of the local government the power under section 498 to issue a development variance permit if the proposed variance
  • (a) is a minor variance, and
  • (b) varies the provisions of a bylaw under any of the following:
    • (i) section 479(1)(c)(iii) [zoning bylaws respecting siting, size and dimensions of buildings, structures and permitted uses];
    • (ii) section 525 [off-street parking and loading space requirements];
    • (iii) section 526 [regulation of signs];
    • (iv) section 527(1)(a) or (b) [screening and landscaping to mask or separate uses or to preserve, protect, restore and enhance natural environment];
    • (v) a provision of this Act prescribed by regulation of the Lieutenant Governor in Council.
  • (2) A bylaw delegating the power to issue a development variance permit under this section must include
  • (a) criteria for determining whether a proposed variance is minor for the purposes of subsection (1)(a), and
  • (b) guidelines the delegate must consider in deciding whether to issue a development variance permit.
  • (3) The bylaw may also include any terms and conditions the local government considers appropriate.
  • (4) If a local government delegates the power to issue a development variance permit, an owner of land that is subject to a decision of the delegate is entitled to have the local government reconsider the matter.



Regarding the filing of notices and permits, see s. 503.