What is a Temporary Use Permit?
A Temporary Use Permit is required to use property in a way that is not permitted under the current zoning for a limited time.
A Temporary Use Permit may be issued by Council to do one or more of the following:
- Allow, for a limited time, a use that is otherwise not permitted;
- Specify the terms and conditions of the temporary use and set securities to ensure adherence; and,
- Allow and regulate the construction of buildings or structures.
A Temporary Use Permit has a maximum term of three years and may be renewed once by Council. Longer term or permanent
Steps in the Temporary Use Permit Process
Before preparing and submitting an application, you will need to meet with Development Services staff who will discuss the policies (e.g., Official Community Plan) and regulations (e.g., site coverage, building setbacks, height, parking) that may affect the application.
Staff will also assist you in identifying any required coordination with Federal and/or Provincial agencies.
The applicant may be required to secure the services of qualified professionals to provide information on various components of the application, such as Engineers, Biologists, Architects, Landscape Architects, or Planners.
Introducing your proposal
To assist in this preliminary discussion, a letter outlining the proposed changes to the property use and a simple sketch of the property, including the location and size of buildings and other features, is helpful.
The applicant will need to post a notice of development sign provided by the City.
Further information about Application Fees, Letters of Auihorization and other submission guidance is available on the Colwood website at www.colwood.ca/DevelopmentServices.
How long does the application process take?
The time required for processing an application depends on the type, scale and complexity of the proposal, the number of applications in progress, committee meeting schedules, approvals from outside agencies and the ability of the applicant to provide materials and information when required.
Where possible, associated applications may be processed concurrently, however, some applications may be legally required to be approved before another can be considered.
Following initial conversations with staff, the formal application may be submitted.
Applicants should contact Development Services to make an appointment to submit their application. Incomplete applications will not be accepted.
The following information is required at the time of submission:
- Temporary Use Permit Application Form signed by all persons whose names appear on the Title Certificate or an authorized agent. The application form will be provided to the application at the time of submission.
- Current Title Search, including a copy of any ‘legal notations’ or ‘legal encumbrances’ registered on title which may impact the development of the site (e.g. restrictive covenants, rights of ways, easements).
- Letter of Authorization signed by the owner(s), if an applicant is applying on behalf of the owner(s) registered on the Title Certificate.
- Application Fee for the Temporary Use Permit and Public Hearing.
- Project Summary Letter describing the proposed temporary use, alignment with City policies and impacts to the neighbourhood and community.
- Site Profile to identify potentially contaminated sites.
- Design Plans if required, such as site analysis, site plans, and architectural or landscape drawings. Other additional materials may also be required depending on the scope and complexity of the project.
These requirements will be identified at your initial meeting with staff prior to submitting a formal application. Additional information may be required.
Staff & Committee Review
Development Services staff will coordinate the application review, which may involve other City departments and committees. Additional information may be required through this process and, once feedback is received, changes to the application may be required.
The applicant must consult with the community and stakeholders as part of the Temporary Use Permit process. A presentation to the neighbourhood residents’ association may also be required.Additional consultation may be required depending on the scale and complexity of the project.
The applicant should discuss the consultation program with Development Services staff early in the process.
Staff Report to Committee
Temporary Use Permit Applications are first presented by staff to Committee of the Whole who may make recommendation to Council.
Staff Report to Council + Public Hearing
Once the application is ready for Council consideration, staff will present it to Council along with any identified terms and conditions.
City Staff will arrange a Public Hearing to give members of the public an opportunity to comment on the application. Notice of the Public Hearing will be printed in the local newspaper and mailed to nearby property owners.
- Agree to consider the application;
- Defer the application back to staff for more information or reports from staff; or,
- Decline the application.
Council meeting schedules can be found online at Colwood.ca/Meetings
Approval may be subject to any conditions identified by the City, and can include requirements for payment of a security, e.g., to restore land or to provide landscaping.
A covenant agreement or undertaking may also be required to ensure th restoration of the land following expiration of the TUP, including demolishing or removing and buildings or structures permitted by the TUP.
Once the specified conditions are met, the permit can be issued.
The City will register the Notice of Permit with BC Land Title & Survey.
The title of the property will then carry a notice stating that the Temporary Use Permit applies to the property.
Other forms and permits may be required once a permit is issued, such as a Right of Way Permit, Building Permit or otheragency approved (e.g. Liquor License).