Zoning Bylaw Breaches – Temporary Use Permits

When a proposed land use does not clearly align with an existing zoning designation, property owners may need to explore alternative approval pathways. One such pathway is the temporary use permit, a discretionary tool that allows municipalities to authorize uses that would not otherwise comply with a zoning bylaw. This article outlines the key features of temporary use permits and what applicants should expect throughout the process.

When a Temporary Use Permit May Be Required

Where a property owner cannot establish that their proposed use is already permitted under the applicable zoning bylaw, a temporary use permit provides a mechanism to lawfully operate on the property in the interim. It is important to understand, however, that municipalities have significant discretion on whether or not to grant a temporary use permit. Moreover, a municipality may impose conditions on the manner in which the property is used under the temporary use permit.

Undertakings and Restoration Obligations

As a condition of issuing a temporary use permit, the municipality may require the applicant to provide formal undertakings. These undertakings typically obligate the property owner to restore the property to the condition it was in at the time the permit was issued. If an applicant fails to comply with these undertakings, the municipality has the authority to enter the property and carry out the necessary restoration work — at the applicant’s expense.

Security Requirements

The municipality may also require the applicant to provide security as a guarantee of performance. Acceptable forms of security generally include an irrevocable letter of credit or another form satisfactory to the municipality. This security can be drawn upon by the municipality in any of the following circumstances:

• A landscaping condition in the temporary use permit has not been satisfied;
• An unsafe condition has arisen as a result of a contravention of a permit condition; or
• Damage to the natural environment has resulted from a contravention of a permit condition.

In any of these situations, the municipality may undertake the required works, construction, or other remedial activities at the applicant’s expense and apply the security toward those costs.

Public Hearing Process

Applicants should be aware that in specific circumstances the issuance of a temporary use permit may require a public hearing during which members of the public — including neighboring property owners — may make representations for or against the application. Where neighboring landowners are strongly opposed to the proposed use, this process can present a meaningful obstacle to approval and is a factor applicants should carefully consider before proceeding.

Registration on Title

Finally, if a temporary use permit is granted, it will be registered against the title of the subject property. Applicants should factor this into any financing, sale, or other title-sensitive considerations relating to the property.

This article is intended for general informational purposes only and reflects general principles applicable to temporary use permit applications. The specific requirements and procedures may vary depending on the applicable municipal bylaw and the circumstances of each application.

Prepared by: Sunny Uppal