Variances

A variance is typically a minor deviation from the set of rules a local government applies to land use planning and development and is typically set out in a zoning or subdivision by-law. Variances are approved by a Development Officer or the Planning Review and Adjustment Committee (PRAC) on a case-by-case basis. A variance may be granted with or without terms and conditions. The denial of a variance may be appealed to the Assessment and Planning Appeal Board.

The following variance types may be applied for through Planning Services:

dimensional VARIANCE

A variance is a minor adjustment to a lot, density, structure, or the parking requirements. 

TEMPORARY USE

The PRAC may permit a use that is not allowed for up to one year, subject to terms and conditions.

SIMILAR OR COMPATIBLE USE 

If someone applies for a use that is not listed in the zone, the PRAC may permit it subject to terms and conditions if it is similar or compatible to a permitted use.

NON-CONFORMING USE

A non-conforming use is one that legally occurred on the property prior to the enactment of the by-law. Non-conforming rights allow the use or structure to continue. 

CONDITIONAL USES

Conditional Uses are uses that may be permitted subject to terms and conditions imposed by the PRAC.

Amendments

ZONING AMENDMENTS

A zoning by-law is a document used to guide development and regulate land use within a community. A zoning by-law may contain rules about:

  • Permitted uses

  • Size of lots

  • Buildings and fences

  • Access

  • Parking

  • Signage

  • Setbacks

If a proposed use does not fit the zoning by-law, a zoning amendment may be sought. A site plan, drawn to scale, and a description of the proposed use must be submitted to staff for review, along with the fee. Staff will review the submission and the PRAC will make a recommendation, but final decision is left to the Council (municipal). The rezoning process takes 4-6 months and includes a public hearing.

PLAN AMENDMENTS

Depending on the complexity of the application, further amendments may be required. Please consult with staff on the full process.

Searching for a property for an intended purpose but don’t know where to look, what’s available, or what properties might permit the proposed use?

GMRSC – Planning Services is pleased to introduce our new “Land Use Availability” (LUA) search service to assist our development community as well as other stakeholders and the public. Using your specified search parameters (examples: lot area requirements, topography, site access, availability of municipal services, proximity to community facilities and amenities, soil/rock types or vegetative cover, etc.), we will conduct a LUA analysis in a geographic information systems (GIS) environment and provide you with a listing of potential properties to direct or narrow your search. This service is intended to help our clients, particularly developers, save time and money in the process of finding a suitable site for a specific proposed development. The cost of this service carries a flat fee of $250. For more information, please contact our Planning Services Manager at 506-778-5366 or nodette@rsc5.ca.

Land Use Availability Search

Appeals

Some land use decisions can be appealed to the Assessment and Planning Appeal Board. An appellant may be a developer or a person affected by a development/planning decision.

The affected party must file a Notice of Appeal with the Assessment and Planning Appeal Board. An appeal must be made within 60 days of the decision and 10 days of the posting of permit or non-conforming use standards. Once the Chair of the appeals board has received the necessary information he/she will set a date, time, and place for the appeal hearing. The Board will give all parties at least a 14-day notice of the hearing. The appellant has 7 days to apply for a dismissal to be set aside and have a new hearing date set.

Once all evidence and testimony are made, the Appeals Board will meet privately to discuss the case and reach a decision which is issued in writing to all parties. If any party is unsatisfied with the decision of the Board, this decision may be appealed to the Court of the Queen’s Bench for judicial review.

More information can be found here.