Conditional Use

OVERVIEW

A Conditional Use is a use of land or buildings that may be allowed by Council under a Zoning By-Law. Conditional Uses are specific land uses which may or may not be acceptable on a given property, depending on the context and particular circumstances of the proposed development. The Council having jurisdiction may consider it appropriate to impose specific conditions on the proposed use in order to ensure that it will be acceptable at the proposed location.

A use of land or buildings that may be allowed under a zoning by-law.  An application process is required with a hearing set up with the applicable municipal council.  Council may consider imposing conditions on the proposed use in order to ensure that it will be acceptable at the proposed location in the zone and consistent with the development plan.  Conditions such as parking, landscaping, access, signage, outdoor storage or hours of operation may be imposed.

  1. Each municipal zoning by-law divides a Municipality/Town into different zones where compatible uses of land, buildings and structures are permitted. There are, however, certain uses, designated “Conditional Uses”, which cannot properly be permitted in any zone without consideration, in each case, of the impact of those uses upon neighboring land.
  2. When a Zoning By-Law provides for a conditional use, an application for approval of a conditional use shall be made to Council by the owner of the land, building or structure or by a person authorized in writing by the owner.

Any person may apply for a conditional use, in accordance with the provisions of the Planning Act.

An application for a conditional use with all the required information and fees, shall be made to the Mid-West Planning District.

PROCESS

A Conditional Use application requires a Council to exercise its discretion in applying the Zoning By-Law as it affects a specific property. The Conditional Use can also affect neighbouring properties. There is, therefore, a requirement for public notice of the application and a public hearing to receive representations on the proposed conditional use.

After holding the hearing, council must make an “order” respecting its decision. Council has the authority to reject the requested Conditional Use, or approve the Conditional Use provided the Conditional Use:

a) will be compatible with the general nature of the surrounding area;

b) will not be detrimental to the health or general welfare of people living or working in the surrounding area, or negatively affect other properties or potential development in the surrounding area; and

c) is generally consistent with the applicable provisions of the development plan by-law, the zoning by-law and any secondary plan by-law.

When approving an application for a Conditional Use, Council may impose any conditions on the approval that it considers necessary to meet the requirements listed above.

The Conditional Use process takes approximately 1.5 months from the date of submission of a complete application to the date of a Public Hearing. To confirm the timeline for your application, please contact us.

Any Conditional Use application that involves the construction or renovation of a building or structure must also apply for a Building/Plumbing Permit and Development Permit application.

APPLICATION REQUIREMENTS

To initiate a Conditional Use application, the following application requirements must be submitted to the MWPD:

NOTE: Applications involving the construction, relocation or renovation of a building or structure require a Building/Plumbing Permit and Development Permit in addition to the approved Conditional Use prior to the commencement of any work/development. Please note that incomplete applications will not be accepted.