Variances
Various sections of the New Brunswick Community Planning Act (CPA) and certain provisions of zoning By-Laws and regulations authorize planning commissions to approve minor adjustments. More specifically, the CPA permits commissions to grant variances to zoning and subdivision.
Main Types of Minor Adjustments
The Planning Commission may, when a Zoning By-Law or Regulation, Subdivision By-Law or Regulation, or a Rural Plan is enacted :
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authorize, subject to such terms and conditions as it considers fit for a temporary period not exceeding one year, a development otherwise prohibited by the By-Law; and require the termination or removal of the development at the end of the authorized period (CPA 34(3)(h)(i)).
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authorize, subject to such terms and conditions as it considers fir, 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 (CPA 35(a)).
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authorize such reasonable variance from the requirements of the Zoning By-Law as, in its opinion, is desirable for the development of a parcel of land or a building or structure and is in accord with the general intent of the By-Law and any plan or statement affecting such development (CPA 35(b)).
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grant an extension to the consecutive period of ten months during which a non-conforming use shall not be recommenced or authorize the reconstruction of a non-conforming use which has been damaged to the extent of at least half of the whole building or structure (CPA 40(2)(a)).
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authorize a non-conforming use to be changed to a similar non-conforming use (CPA 40(4).
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the Planning Commission may, subject to such terms and conditions as it considers fit, permit such reasonable variance from the requirements of the Subdivision By-Law as is desirable for the development of land in accord with the general intent of the By-Law and any plan, statement or scheme affecting the land ; require that the subdivision plan include any terms and conditions attached to a variance permitted ; withdraw any or all terms and conditions by resolution (CPA 46(1)(a)).
Steps To Follow
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Contact the Planning Commission's Development Officer to discuss your development with him or her.
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A person proposing a development or a subdivision will be advised by the Building Inspector or the Development Officer if a variance or a minor adjustment is required or possible.
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Make application to the Planning Commission for a variance(s) and pay the applicable fee.
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The applicant can give reasons for his/her request by letter or verbally at the Planning Commission's regular monthly meeting.
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The Commission may give notice and the right to make representations to the neighbors of the land in question (CPA 36).
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The applicant will be informed by letter of the Planning Commission's decision.