West Bench, Faulder, Okanagan Lake West
You may or may not have a good case for an exception to the proposed bylaw. Like any land use bylaw you have the right to seek a variance (Development Variance Permit or DVP). We typically see DVPs for things like fence heights or setbacks. But this is no different. In a DVP planning staff considers the merits of your request, seeks input from your neighbors, and passes the issue to the RDOS board for consideration. The downside is that you have to cover the cost of this process (user pay). A DVP is currently $400.
My point is that anyone can challenge any land use bylaw if they feel they can make a case. I get the sense when talking to people that they think it is not worth the effort or that the chances of success are too low. This surprises me. DVPs are often granted, especially when the neighbors are on board.
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