Development Variance Permit

The Development Variance Permit Application

• How long does the application process take?

  The development variance permit application process usually takes between 3 and 4 months from the time a complete submission is received. Complex applications may require additional time. Submitting an incomplete application may result in increased processing times so it is recommended that you contact planning staff prior to submitting an application to ensure any complex issues are identified and to ensure your application is complete.

• How much does the application cost?

  The development variance application fee is $1,095 for all applications except for applications that meet the criteria for a Minor Development Variance Permit, for which the fee is $520. See the question below to determine if your application meets the criteria, or contact the Planning Department. A full fee schedule can be found in Schedule A of the Planning Procedures Bylaw.

• Minor Development Variance Permit Applications

  On March 6, 2024, Council amended the Planning Procedures Bylaw to delegate to staff the power to issue Minor Development Variance Permits.

  Minor DVPs are reviewed, processed, and issued by staff. There is no public notification of Minor DVPs. The application process for a minor DVP usually takes between 1-2 months. The application fee is $520.

  Minor DVPs are defined as: a variance to one or more of the following regulations in Comox Zoning Bylaw 1850. 

  • a)    setbacks to a maximum change of 50%
    b)    gross floor area to a maximum change of 10%
    c)    screening
    d)    projections into required setbacks to a maximum change of 30%
    e)    vertical distance from the top of sidewalk or established grade at lot line to ground floor level of the residential unit to a maximum change of 50%
    f)    off-street parking and loading limited to the following:
    i.    required off-street parking spaces only if:
    1.    the application includes a change of use in an existing building;
    2.    the bicycle parking in lieu of vehicle parking spaces allowance has been maximized; and,
    3.    the change is less than 50%.
    ii.    location and siting; or,
    iii.    development and maintenance standards.

  A Minor DVP may only address the following:

  • a)    irregular lot shape or size;
    b)    topographic features, including a significant change in grade;
    c)    the presence of a statutory right of way;
    d)    alterations or additions to an existing building necessary to allow access to a building by a person using a wheelchair or other mobility aid; 
    e)    tree protection in accordance with Council's tree protection policies;
    f)    reduction of greenhouse gas emissions or energy use beyond the requirements in the BC Building Code or Comox Building Bylaw 1472; or,
    g)    alterations to an existing building to allow additional dwelling units which are permitted under the zone.

  For clarity, personal preference of the applicant or property owner or the cost of compliance are not rationales for a minor DVP. If a DVP does not meet the criteria above, the standard DVP application process and fees apply.

  For more information, please review the Planning Procedures Bylaw or contact the Planning Department.

• Public Consultation

  The Town issues a public notification of Development Variance Permit applications to properties within the Town that are adjacent to a subject property for which a DVP is being sought, where “adjacent” includes properties in the Town that are across a street from the subject property.

  The DVP Notice provides information on the proposed variance and indicates how residents can provide comments to Council on the DVP application. If residents require more information on a DVP application, please contact the Planning Department at 250-339-1118.