What is a Conditional Use?

In a zoning by-law, there are uses of the land that are either permitted, conditional use or not permitted, depending on the zoning.

A conditional use is a use that may, with council's approval, be permitted in a zone.  Considerations are given on the use, such as compatibility with the area, impact to neighbouring landowners and the need for that use in that area.   

How do I know if I need a conditional use?

Each zone in the zoning by-law has a list of either Permitted Uses or Conditional Uses.  You need to determine your zoning and refer to the zoning regulations in the zoning by-law.  You can always contact our office and we would be happy to assist!

How do I apply for a conditional use?

The EIPD handles the administration for conditional use applications.  Application forms can be obtained from our office.  We require a completed application form, application fee and a written proposal of the intended use. 

What is the cost of a conditional use application?

Our fee schedule can be found at this link:  EIPD Fee By-Law

What is the process for a conditional use?

Once a completed application has been submitted to the EIPD, a public hearing is set up with the municipality.  Public hearings generally take place during regular council meetings.  The Planning Act requires that a Notice of Public Hearing is mailed out to the neighboring property owners on title within a 100 meter radius 14 days prior to the meeting.  A notice is also posted on the website, at the EIPD office and the municipal office.  Representations can be received by mail or in person at the public hearing that either object or support the proposed conditional use.  Council will hold the public hearing and then make a decision.  As per the Planning Act, council can impose conditions on the approval, such as the requirement for a Development Agreement.

Can I appeal the decision of council?

No, the decision of council is final.

Can a conditional use expire?

In accordance with the Planning Act, a conditional use must be acted upon within 12 months of the approval date in order to be valid.  An additional 12 month extension may be granted upon Council approval prior to the expiry date.  If the CU was approved on or after October 29, 2021 the Planning Act was amended to allow for another additional 12 month extension, that may be granted upon Council approval prior to the expiry. 

Why didn't I receive a notice in the mail?

As per the Planning Act, notices are only required to be mailed out to property owners within 100 meter radius of the property.  Notices are sent to the person on title, so please ensure you have notified the municipality/EIPD of any address changes.  In the case of rentals/leases, the owner on title is sent the notice and it is their responsibility to notify tenants.  Per the Planning Act notices are not required to be advertised in the newspaper.

I am not in the radius to receive a notice, can I still get information on the application?

Yes! Public Hearings are open to everyone.  If you would like a copy of the mail out package or have any questions, please contact our office.

A fantastic resource for all planning questions, including processes, checklists, etc. can be found in the province’s Planning Act Handbook.