As per section 492 of the Local Government Act, City of Dawson Creek may, through either the Zoning Bylaw or Official Community Plan (OCP), designate areas where temporary uses may be allowed and the general conditions regarding the issuance of temporary use permits in those area. As per section 493 of the Local Government Act, Temporary Use Permits (TUP) may be issued by a Council resolution for areas identified to do one or more of the following:
- Allow a use not permitted by a zoning bylaw;
- Specify conditions under which the temporary use may be carried; and,
- Allow and regulate the construction of buildings or structures in respect for the use for which the permit is issued.
Reminder: The City’s OCP Bylaw provides provisions related to TUPs in the City and specifies the conditions for which TUPs may be issued.
After a TUP has been issued by the City, the permit holder has the right to use the land that is subject to the permit for the use(s) described in the permit until the permit expires or three years (3) after the permit was issued, whichever comes first. As per the Local Government Act, an issued TUP may be renewed one (1) time for up to an additional three (3) year term.
As per the Local Government Act, the City may require the applicant to undertake the following activities as a condition for permit approval:
- Demolish or remove a building or other structure; and,
- Restore land described in the permit to a condition specific in the permit by a specific date.
If the permit holder fails to meet the conditions proscribed by the City, the Local Government Act permits the City to enter the property and carry out the work at the permit holder’s expense.
The City may also require the applicant to provide security as a means to guarantee that they meet the conditions contained in the TUP as per the Local Government Act. If security is required by the City, the permit will set out the form of the security and the method for determining when there is breach of permit conditions and how much of the security is forfeited in those instances.
Development Service Department