Board of Variance

The Board of Variance is an independent body which considers minor variances to the Town of Qualicum Beach Zoning Bylaw. A person may apply to the Board for a minor variance if they feel compliance with the bylaw would cause them hardship.

In accordance with the Local Government Act, the Town of Qualicum Beach has established a three-member Board of Variance. Board members are volunteers appointed by Town Council for a three-year term. Advisory Planning Commission members and officers or employees of the Town of Qualicum Beach are not eligible.

The Board operates independently from Council and is regulated by bylaws, the Community Charter and the Local Government Act.

Types of Variances

The Board may grant minor variances or exemptions from:

Bylaws respecting siting, dimensions or size of a building or structure or the siting of a manufactured home in a manufactured home park.
Prohibition of a structural alteration or addition for legal non-conforming uses.
Bylaws for subdivision servicing requirements in an area zoned for agricultural or industrial use.
Bylaws for tree-cutting prohibition and regulation and significant tree bylaws.

To qualify for a variance, the applicant must prove undue hardship. For example, a unique land or parcel shape challenge.

Hardship variances must not conflict with the Land Title Act or Land Registry Act covenants, apply to heritage property designated by the Town, deal with a matter covered in a land use contract or Town permit, or deal with a floodplain specification.

An applicant can also appeal to the Board for a new determination of the extent of damage to a structure containing a legal non-conforming use, to allow reconstruction after damage or destruction.

Applying for a Variance

Applications for a variance are accepted after Town staff advise:

A building permit cannot be obtained due to non-conformance with bylaws.
Of the subdivision servicing requirements that apply to an agricultural or industrial property.
Of a determination of damage with which the applicant disagrees.

Before applying, review options with Town staff. Options include adjusting plans to conform to the bylaw, applying to the Board for a Variance or exemption, or applying to Town Council for a Development Variance Permit, which would not require proof of hardship and is not limited to minor variances.

To submit a Board of Variance application, bring the form, all required attachments and a fee ($150.00) to Town Hall at least two weeks before the hearing. The Board meets on the first Thursday of each month. Forms are available at the front counter at Town Hall.

Applications and payment must be submitted together, by one of the following methods:

Mail: Town of Qualicum Beach, PO Box 130, Qualicum Beach, BC V9K 1S7
In Person: Town of Qualicum Beach, #201-660 Primrose Street, Qualicum Beach, BC

Town Hall hours of operation are Monday to Friday from 9:00 am to 4:00 pm.

Application Form

Pre-Hearing Process

Board members may visit the site prior to the hearing but must not hear evidence outside of the hearing. Do not contact Board members directly.

The Board’s secretary (the Town’s Corporate Administrator), will send adjacent property owners/tenants a notice of the hearing. Applicants are encouraged to speak with their neighbours before applying. Copies of the notice, agenda, application and written submissions are available at Town Hall.

Those who feel affected by the appeal may choose to speak at the hearing or send a letter to the Board.

Board of Variance Hearing

Board hearings are informal processes, open to the public. At the hearing, the applicant or the applicant’s agent should describe their request and answer questions from the Board. The Board will provide an opportunity for the applicant and any other parties to speak. Interested parties can also submit written comments about the application.

At the meeting, the Board may order a minor variance if they believe the variance or exemption will not:

Result in inappropriate development of the site.
Adversely affect the natural environment.
Substantially affect the use and enjoyment of adjacent land.
Vary permitted uses and densities under the applicable bylaw.
Defeat the intent of the bylaw.

After hearing interested parties, the Board may immediately make their decision by majority vote. The Board may specify a time limit for the completion of construction and specifically reference the plans or purpose in its variance order.

Board decisions are final, except determination of damages which applicants and the Town of Qualicum Beach can appeal to the Supreme Court.

Information on Bylaws & Appeals

Please visit Town Hall to obtain copies of pertinent bylaws and application forms or to review Board of Variance hearing agendas or minutes.

Staff are available to answer questions regarding municipal regulations and the process to apply to or present to the Board of Variance. Copies of the Board of Variance bylaw,  Local Government Act  and Community Charter are also available for review.

The Town’s Planning and Corporate Administration Departments provide support in processing applications and maintaining records for the Board.

The Planning Department interprets zoning regulations and responds to questions regarding the Zoning Bylaw 900 and Development Application Procedures and Fees Bylaw No. 605, 2007.

Contact Us

For questions and support with your Board of Variance application, please use the Public Inquiry Form.

Public Inquiry Form

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Question or Concern?