A conditional use is a use which may be permitted, if approved by a Conditional Use Order by Council. Conditional uses are those types of uses (e.g. intensive livestock operation, campground, mobile home, etc.) that may be appropriate in a particular zoning district, but not necessarily in every area of a district. For instance, an intensive livestock operation in close proximity to a residential area. As some locations within a community may be more suitable than others for certain types of uses, it is important that Council and local residents have an opportunity to assess whether a specific site is appropriate for the intended use.
Prior to submitting a conditional use application, it is beneficial to meet with municipal staff to discuss your proposal and review applicable municipal plans, policies and regulations. Municipal staff can provide information on how council has dealt with similar applications in the past and discuss possible local resident concerns.
Preparing a Conditional Use Application
A Conditional Use Application Form must be filled out and submitted to the municipal office with the following information:
- Name & address of property owner (if applicant is not property owner then include a letter of authorization)
- Address & legal description of property
- Brief description of proposed development (i.e. type of residential, commercial &/or industrial)
- Application fee
Conditional Use Application Process
Application Review
The municipal planner will review the application in relation to the Development Plan, Zoning Bylaw and other applicable regulations. A report will be prepared that details the findings and recommendations regarding the proposed development. The planner's report will be submitted to Council for review at which point, the applicant cannot discuss any matters related to the conditional use application with Council members.
Public Hearing
The conditional use application will be added to the agenda of the next Council meeting that is at least 19 days after the public hearing notice was mailed providing for 14 days notice and 5 days for mailing.
Any person who feels they may be affected by the proposed conditional use can express their opposition or support either in writing or in person at the public hearing. This includes the applicant who may present the development details or respond to any questions. Written submissions must be submitted by noon on the Friday before the following Tuesday Council meeting. All written submissions will be delivered to Council prior to the Public Hearing. The planner's report and any written submissions in support and/or opposition of the proposed conditional use will be read out loud at the start of the public hearing.
Council's Decision
According to local and provincial legislation, a conditional use should only be approved if Council believes the proposed development will not adversely affect the general environment, amenity, value and convenience of adjoining properties or the community as a whole. On completion of the public hearing Council can reject or approve the proposed application with or without conditions. Council’s decision is final and cannot be appealed. The applicant and anyone expressing concern or support for the application will be notified by mail of Council’s decision.
Any Questions or Concerns?
Feel free to contact us and we would be pleased to assist you in anyway possible:
466 Sabourin Street
P.O. Box 40
St-Pierre-Jolys, Manitoba
R0A 1V0
Phone: 204-433-7406
Fax: 204-433-7063
E-mail: planning@rmdesalaberry.mb.ca
MONDAY TO FRIDAY
8:30 A.M. TO 4:30 P.M.
