TOWN OF VIEW ROYAL 
 
BYLAW NO.  623 
 
 
 
 
 
 
 
 
 
 
 
               
 
 
A BYLAW TO CONSTITUTE A BOARD OF VARIANCE 
 
WHEREAS the Local Government Act provides that where a Council has adopted a zoning bylaw there 
shall be established by bylaw a Board of Variance; 
 
AND WHEREAS the Council of the Town of View Royal has adopted a zoning bylaw; 
 
NOW THEREFORE the Council of the Town of View Royal, in open meeting assembled, enacts as 
follows:  
 
1. 
This bylaw may be cited for all purposes as the “Board of Variance Bylaw No. 623, 2006”. 
 
2. 
There is hereby established pursuant to the provisions of the Local Government Act a Board of 
Variance for the Town of View Royal consisting of three (3) persons appointed by Council. 
 
3.  
An appointment under Section 2 is for a maximum term of: 
a) 
Three (3) years, or 
b) 
If no successor has been appointed at the end of the three (3) year period, until the time 
that a successor is appointed. 
 
4. 
A person who is: 
a) 
a member of the Council, or 
b) 
an officer or employee of the Town of View Royal 
is not eligible to be appointed to the Board of Variance. 
 
5. 
The members of the Board of Variance shall elect one of their number as Chair and the Chair 
may appoint a member of the Board of Variance as Acting Chair to preside in the absence of the 
Chair. 
 
6. 
The Council may rescind an appointment to the Board of Variance at any time. 
 
7. 
Where a member of the Board of Variance ceases to hold office, the person’s successor shall be 
appointed in the same manner as the member who ceased to hold office, and, until the 
appointment of the successor, the remaining members constitute the Board of Variance. 
 
8. 
A member of the Board of Variance shall not receive compensation for services as a member but 
shall be paid reasonable and necessary expenses that arise directly out of the performance of 
their duties. 
 
9. 
The Council shall in its annual budget provide for the necessary funds to pay for the costs of the 
Board of Variance. 
 
10. 
The Board of Variance shall hear and determine any appeal with respect to matters mentioned in 
Sections 901 and 902 of the Local Government Act.  
 
11. 
Any person may appeal to the Board of Variance by filing with the Municipal Clerk of the Town of 
View Royal a written notice of appeal stating the grounds of the appeal, together with accurate 
site plans, elevation plans (if applicable), an address to which notices may be mailed, and any 
other information necessary to support the application. 
 
12. 
Upon receipt of a notice of appeal, the Municipal Clerk or his or her delegate shall schedule the 
appeal for a Board of Variance Hearing. At least ten days before the date set for the hearing, 
notice of the hearing shall be mailed or otherwise delivered by the Municipal Clerk or his or her  

Board of Variance Bylaw No. 623, 2006 
 
Page 2 
 
 
delegate, addressed to the applicants and/or owners and occupiers of the land that is the subject 
of the application, and mailed or otherwise delivered to the owners and occupiers of the land that 
is adjacent, including all lots that are located within one hundred (100) metres, to the land that is 
the subject of the application. 
 
13. 
All hearings by the Board of Variance shall be open to the public except that the Board may close 
to the public all or part of a meeting in accordance with Part 4, Division 3 of the Community 
Charter. 
 
14. 
The Board of Variance shall act in accordance with the conflict of interest provisions of the Town 
of View Royal Procedure Bylaw No. 375, 2000; Procedure Bylaw No. 375, Amendment Bylaw No. 
546, 2004; and the Community Charter. 
 
15. 
Proceedings before the Board of Variance shall be informal. The Board may admit any evidence, 
whether on oath or not and whether written or oral, and may inspect the premises which are the 
subject of the appeal.  
 
16. 
a) 
A quorum of the Board of Variance will consist of two (2) members.  
b) 
The decision of the Board to either grant or deny an appeal must be made by a motion 
adopted by not less than two members. If the votes of the members of the Board of 
Variance present at the meeting at the time of the vote are equal for and against a 
question, the question shall be defeated. 
c) 
A Board member present at the meeting at the time of the vote who abstains from voting 
is deemed to have voted in the affirmative.  
 
17. 
The Board of Variance shall cause minutes of its proceedings to be kept, such minutes to be in 
accordance with the Council Procedure Bylaw. 
 
18. 
Meetings of the Board of Variance may be adjourned from time to time. 
 
19. 
Persons whose property is affected by an appeal to the Board of Variance have a right to be 
heard and to give evidence at the hearing or may be represented by some other person 
authorized to represent them. 
 
20. 
The decision in writing of all or of a majority of the members of the Board of Variance is the 
decision of the Board. 
 
21. 
Every decision of the Board of Variance shall be filed with the Municipal Clerk, or his or her 
delegate, who shall give notice thereof to the appellant and to the Building Inspector or Director of 
Development Services. 
 
22. 
A decision of the Board of Variance with respect to matters mentioned in Section 901 of the Local 
Government Act is final. 
 
23. 
A decision of the Board of Variance with respect to matters mentioned in Section 902 of the Local 
Government Act may be appealed by the applicant or the local government to the Supreme 
Court.  
 
READ A FIRST TIME  
 
24th   
DAY OF  
January, 2006 
 
READ A SECOND TIME 
  
24th   
DAY OF  
January, 2006 
 
READ A THIRD TIME  
  
24th   
DAY OF 
January, 2006 
 
ADOPTED BY COUNCIL SIGNED BY THE MAYOR AND THE CLERK AND SEALED WITH THE SEAL 
OF THE TOWN OF VIEW ROYAL THIS   7th      DAY OF      February, 2006. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
MAYOR 
 
 
 
 
 
CLERK