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 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 the SIPD.
For a flow chart of the Conditional Use process, please Click Here.
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.
To initiate a Conditional Use application, the following application requirements must be submitted to the SIPD:
- Completed application form (Click Here for PDF);
- Detailed letter of intent (Click Here for PDF);
- Detailed site plan (Click Here for PDF);
- Detailed building elevation drawings (as applicable);
- Status of Title(s) for all land subject to the application. The Status of Title(s) cannot be more than 30 days old;
- Fees in accordance with the SIPD’s Fee Structure By-Law (Click Here for PDF).
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.