Acts and Regulations

2017, c.19 - Community Planning Act

Section 55
Disposition versions

Full text
Variances from zoning by-law
55(1)Subject to the terms and conditions it considers fit, the advisory committee or regional service commission may permit
(a) a proposed use of land or a building that is otherwise not permitted under the zoning by-law if, in its opinion, the proposed use is sufficiently similar to or compatible with a use permitted in the by-law for the zone in which the land or building is situated, or
(b) a reasonable variance from the requirements referred to in paragraph 53(2)(a) or (f) of a zoning by-law if it is of the opinion that the variance is desirable for the development of a parcel of land or a building or structure and is in keeping with the general intent of the by-law and any plan under this Act affecting the development.
55(2)Subject to the terms and conditions that the development officer considers fit, a development officer may permit a reasonable variance from the requirements referred to in subparagraph 53(2)(a)(i), (iii), (iv), (v), (vi), (vii), (viii), (ix) or (xiii) or paragraph 53(2)(f), if the development officer is of the opinion that the variance is desirable for the development of a parcel of land or a building or structure and is in keeping with the general intent of the by-law and any plan under this Act affecting the development.
55(3)If an advisory committee or a regional service commission has made a determination with respect to a request for a variance under paragraph (1)(b), a request with respect to the same variance shall not be made to a development officer.
55(4)If a development officer has made a determination with respect to a request for a variance under subsection (2), a request with respect to the same variance shall not be made to an advisory committee or a regional service commission.
55(5)A development officer may delegate the power to permit a variance under subsection (2) to a person.
2021, c.44, s.1
Variances from zoning by-law
55(1)Subject to the terms and conditions it considers fit, the advisory committee or regional service commission may permit
(a) a proposed use of land or a building that is otherwise not permitted under the zoning by-law if, in its opinion, the proposed use is sufficiently similar to or compatible with a use permitted in the by-law for the zone in which the land or building is situated, or
(b) a reasonable variance from the requirements referred to in paragraph 53(2)(a) of a zoning by-law if it is of the opinion that the variance is desirable for the development of a parcel of land or a building or structure and is in keeping with the general intent of the by-law and any plan under this Act affecting the development.
55(2)Subject to the terms and conditions that he or she considers fit, a development officer may permit a reasonable variance from the requirements referred to in subparagraph 53(2)(a)(i), (iii), (iv), (v), (vii), (viii), (ix) or (xiii) if the development officer is of the opinion that the variance is desirable for the development of a parcel of land or a building or structure and is in keeping with the general intent of the by-law and any plan under this Act affecting the development.
55(3)If an advisory committee or a regional service commission has made a determination with respect to a request for a variance under paragraph (1)(b), a request with respect to the same variance shall not be made to a development officer.
55(4)If a development officer has made a determination with respect to a request for a variance under subsection (2), a request with respect to the same variance shall not be made to an advisory committee or a regional service commission.
55(5)A development officer may delegate the power to permit a variance under subsection (2) to a person.
Variances from zoning by-law
55(1)Subject to the terms and conditions it considers fit, the advisory committee or regional service commission may permit
(a) a proposed use of land or a building that is otherwise not permitted under the zoning by-law if, in its opinion, the proposed use is sufficiently similar to or compatible with a use permitted in the by-law for the zone in which the land or building is situated, or
(b) a reasonable variance from the requirements referred to in paragraph 53(2)(a) of a zoning by-law if it is of the opinion that the variance is desirable for the development of a parcel of land or a building or structure and is in keeping with the general intent of the by-law and any plan under this Act affecting the development.
55(2)Subject to the terms and conditions that he or she considers fit, a development officer may permit a reasonable variance from the requirements referred to in subparagraph 53(2)(a)(i), (iii), (iv), (v), (vii), (viii), (ix) or (xiii) if the development officer is of the opinion that the variance is desirable for the development of a parcel of land or a building or structure and is in keeping with the general intent of the by-law and any plan under this Act affecting the development.
55(3)If an advisory committee or a regional service commission has made a determination with respect to a request for a variance under paragraph (1)(b), a request with respect to the same variance shall not be made to a development officer.
55(4)If a development officer has made a determination with respect to a request for a variance under subsection (2), a request with respect to the same variance shall not be made to an advisory committee or a regional service commission.
55(5)A development officer may delegate the power to permit a variance under subsection (2) to a person.