Temporary Use Permits

Legislative changes enacted in 1985 granted local governments across British Columbia the ability to issue “Temporary Use Permits” (TUP).  These permits could be used to make a short-term exception to the zoning of a property and allow for an industrial or commercial use to occur on a site.

In 2010, further legislative changes increased the time period that a TUP could be valid for (from 2 to 3 years), and also removed the restriction on TUPs being used only for commercial or industrial uses, meaning permits could now be considered for residential, institutional and agricultural uses, etc.

While the Village of Keremeos has not previously availed itself of the authority to issue TUPs, this type of permit is seen to provide — in certain circumstances — a more flexible option than rezoning, particularly when Council is being asked to consider a transitional use or a use where uncertainty exists respecting its appropriateness or long-term viability.

In order to issue a TUP, the Local Government Act requires that Council designate those areas of the Village in which it is willing to consider such a permit and to establish guidelines regarding the criteria to be used when assessing applications for a TUP.

Accordingly, it is being proposed to designate the whole of the Village of Keremeos as an area in which TUPs may be issued, and to amend the Official Community Plan (OCP) Bylaw by introducing a set of new objectives and policies dealing with how Council will consider future applications for a TUP.

The following is a copy of the proposed text to be introduced into the OCP Bylaw and the Village of Keremeos is interested in receiving feedback from residents on these proposed change.  Feedback forms can be downloaded by accessing the following link: Feedback Form.

      Objectives

  1. To avoid conflicts between different types of uses (i.e. residential, commercial and industrial).
  2. To provide for temporary approval of transitional uses, or uses where uncertainty exists respecting appropriateness or viability of the use, and where it is premature to decide upon rezoning and long-term land use rights.
  3. To ensure that temporary use permits are not considered a substitute for a rezoning application.

      Policies

      Council’s policies are as follows:

  1. Land within all of the Land Use Designations in this OCP is designated under Section 492 of the Local Government Act as an area in which Temporary Use Permits may be issued.
  2. The holding of a public information meeting may occur prior to the issuance of a Temporary Use Permit.
  3. In evaluating a Temporary Use Permit application submitted to the Village of Keremeos by the applicant, Council may consider the following criteria:
  1. the use must be clearly temporary or seasonal in nature;
  2. compatibility of the proposal with adjacent uses;
  3. impact of the proposed use on the natural environment, including groundwater, wildlife, and all environmentally sensitive areas;
  4. intensity of the proposed use;
  5. inability to conduct the proposed use on land elsewhere in the community; and
  6. the remedial measures to be carried out to mitigate any damage to the natural environment as a result of the temporary use.
  1. In issuing a Temporary Use Permit, Council may specify conditions including, but not limited to:
  1. the buildings to be used;
  2. the area of use;
  3. the hours of use;
  4. appearance;
  5. environmental protection measures, and
  6. groundwater protection.
  1. As a condition of issuing a Temporary Use Permit, Council may require the posting of a bond or other applicable security (if deemed appropriate) so as to ensure compliance with the conditions of a permit.