Before starting a new construction project, you must get all necessary permits and permissions to do so. What’s required depends both on the type of project and the location of the project.
First, you’ll need to determine if your project requires development approval before applying for a building permit. To determine this, you will need to know the development permit area, zoning and heritage status of your property and what is allowed in that zone. If the work you would like to do doesn’t require a development permit, heritage alteration permit or rezoning, Building & Renovating will help you apply for the required permits — if any are required at all.
For many commercial, industrial, multi-family, garden suite, small lot, duplex, and panhandle lot properties, you will need a development permit before applying for a building permit. If the work you would like to do requires a development permit, heritage alteration permit, rezoning, subdivision or strata titling, Rezoning & Development can help you get started.
The Zoning Bylaw is the main document that regulates what a property can be used for, the density of development, and the size and siting of all buildings. The zoning bylaw also regulates house conversions, secondary suites and off-street parking.
In some cases there may be additional development potential under the existing zoning. In other cases it may be possible to apply to amend the zoning to allow for a new type of development on your property (e.g. subdivide into two small lots, build a new duplex).
To amend the zoning you must make a rezoning application to the City and have it approved by Council. A rezoning application is usually approved by Council only when it is consistent with already established City policies found in the Official Community Plan, neighbourhood plans or other city policies. If you have more questions about how the policies apply to your property or the rezoning process please consult the neighbourhood planner. The rezoning process is quite involved and includes the applicant preparing plans and reports related to the rezoning application, a period of consultation with neighbours and the Community Association Land Use Committee, review by City staff, review by the Planning and Land Use Standing Committee and Advisory Committees, preparation of legal documents, a Public Hearing and, finally, Council consideration of the approval bylaws. This process takes six months or more. For more information on the rezoning process consult the Rezoning Application Package. [PDF/446KB]
The Zoning Regulation Bylaw establishes general land use regulations for the City as well as specific regulations by "zone". Each property in the City is mapped to a specific zone which corresponds to a zone table that defines the regulations for that zone. Locate your property on VicMap, determine what zone it is, and then consult the Zoning Regulation Bylaw to determine what is permitted in your zone.
A Secondary Suite is permitted within single family dwellings in most of the zones within the City, but are not permitted in small-lot zones. Secondary suites must qualify and be built with all required building permits.
A Garden Suite is a self-contained, ground-oriented rental suite located in the backyard of a property with a single-family home as its primary use. Learn more about garden suites here and if your property allows one.
Many of the zones in Victoria allow for house conversions, whereby an existing house may be converted into a different use. Conversions to a duplex, multiple dwelling, boarding house, rooming house, housekeeping apartment building, rest home - class "B" or kindergarten are permitted depending on when the year the house was built, the existing floor area of the house and with certain restrictions on exterior renovations. For more information on house conversion consult the Zoning Regulation Bylaw and Schedule G.
The requirement to consult or notify neighbours of proposed development depends on the type of development being proposed and the type of approvals required from the City. There is no requirement for consultation or notification for building permits, subdivision, or Development Permits and Heritage Alteration Permits that comply with all bylaw requirements.
Property owners and occupants within 100m of a proposed Rezoning are notified by mail with respect to meetings with the Community Association Land Use Committee and Public Hearing dates.
Owners and occupants of properties adjacent to a proposed Development Variance Permit, Development Permit with Variances or Heritage Alternation Permit with Variances are notified by mail with respect to Opportunity for Public Comment dates.
Owners and occupants of adjacent properties are notified of Board of Variance Hearing dates.
The City encourages all applicants with development proposals to consult with neighbours and the Community Association Land Use Committee to understand their concerns and minimize as best as possible any impacts.
A Development Permit is required prior to development, including subdivision, construction or alteration of the land, for properties within a Development Permit Area, although some exceptions do apply. Development Permit Areas are specified in the Official Community Plan and are designated to promote form and character objectives for intensive residential (e.g. small-lot subdivisions, duplexes, townhouses), commercial, industrial or multi-family development. Development Permit Areas are also designated for environmental considerations (e.g. shoreline protection). Some Development Permit Areas are also designated as Heritage Conservation Areas for the conservation of heritage resources.
An application for a Development Permit may take 3 months or more and is approved by Council. An application for a Delegated Development Permit is processed by staff and can be obtained within days to weeks depending on the circumstances.
A variance is an administrative exception to the Zoning Regulation Bylaw which can be granted by City Council by way of application to the Board of Variance, Development Permit with Variance or Development Variance Permit.
The Provincial Local Government Act sets out the Municipal means to grant variances. Variances can not be granted that effect use or density as set out in the zoning of the property.
An example of variances that commonly applied for are:
Setback requirements of distance from the front, rear, and side property lines to buildings
Site coverage, the percentage of buildings in relation to the area of the property
Height of a buildings
Open site space
Parking requirements
Variances are reviewed on an individual case basis and can be declined.
