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Posted: April 13, 2021

Temporary use permits await MOTI approval

The City of Cranbrook is seeking to add some flexibility to zoning bylaws.

City council Monday evening gave third reading to Zoning Amendment Bylaw No. 4031, 2021, which would allow for temporary use permits (TUPs).

The vote followed a public hearing, with no city residents speaking to it.

“Temporary Use Permits are a type of land use permit, per s. 492 of the Local Government Act, which allow a municipality to designate areas where they can be considered to allow for the approval any “use” on a property where they are not normally permitted by the zoning,” outlines a report to council by Rob Veg of Cranbrook’s Engineering and Development Services department.

“The Act also allows the establishment of conditions under which the use may be carried out. A Temporary Use can be allowed for up to three years, with option for one extension, or a length of time prescribed in the permit. Temporary Use Permit Areas can be established either in a zoning bylaw or Official Community Plan. Currently the city does not have any Temporary Use Permit Areas established in either document.”

Council gave two readings to the proposed amendment on March 22 and referred it to the Advisory Planning Committee (APC) for recommendation, Ministry of Transportation and Infrastructure (MOTI) for approval and scheduled the public hearing for April 12.

The APC considered the application on April 6 and recommended council approve the proposed amendment.

However, MOTI has yet to provide any feedback to the city.

“Staff feels this tool could be very useful if used in a manner consistent with the Act and bylaw provisions proposed. This is not intended to be a tool to circumvent zoning but rather deal with unique situations that will be considered on an individual basis,” Veg noted in his report.

“Temporary Use Permits are required to be advertised similarly to rezoning in that notices must be delivered to adjacent properties and advertised in the newspaper. As previously noted, Temporary Use Permits can be approved by a resolution of council.”

Asked by Coun. Norma Blissett to provide an example of how a TUP could be used, Veg said as an example a business owner could obtain “a three-year plus one” TUP on the Cranbrook strip to determine if that location is fits for their business needs.

Council was unanimous in approving the third reading of the bylaw, which will be concluded when MOTI provides feedback.

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