The Board of Variance has the authority to permit minor variances from, or exceptions to, land use bylaw regulations in instances where it deems compliance with the bylaw would entail undue
hardship; and also to permit alterations or additions to non-conforming uses.
The Local Trust Committee can designate areas of the Island as a Development Permit Area for certain specified reasons, and establish
guidelines by which a landowner can obtain a permit to do work in the Development Permit Area. Development permits are commonly used to
protect the natural environment, protect development from hazardous conditions or guide the form and character of commercial, industrial or
multi-family development. All land that is designated as a Development Permit Area is shown on a map in the Island’s Official Community Plan.
Zoning regulations generally apply to large areas and a large variety of situations. There are times when a regulation might not make sense or seem overly restrictive. In these situations, a landowner can apply to the Local Trust Committee to vary any zoning regulation that applies to their lot, except for use or density. Common uses of a development variance permit include varying the setback from a property lines or varying the height restrictions. All development variance permit applications are referred to adjacent land owners for comment before the Local Trust Committee makes a decision.
Rezoning property is the common term for making an application to change (by amendment) a Land Use Bylaw. A bylaw is a written document that describes different permitted uses and densities of land and buildings. It also regulates the siting, size and dimensions of buildings
and the standards required in creating parcels through subdivision, such as minimum parcel size. The bylaws are in effect over all land areas of an island, as well as the water surfaces of lakes and the surrounding sea. Some islands have zoning bylaws and subdivision bylaws or a Rural Land Use Bylaw.
Denman and Hornby Island Trust areas are the only two areas in the Islands Trust that do not have any building inspection services. In those island areas landowners must have a valid siting and use permit prior to beginning construction.
A building strata conversion is the division of an existing building into strata lots. In these cases, the landowner must apply to the Local Trust Committee for a building strata conversion.
Temporary Commercial and Industrial Use Permits can be issued by the Local Trust Committee to permit a commercial or industrial use that otherwise would not be permitted by zoning. A temporary commercial and industrial use permit is generally valid for two years and can be renewed once. All temporary commercial and industrial use permits are advertised in the local newspaper prior to the local trust committee making a decision.
