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This is a general guide that briefly explains the Conditional Use application process in Hanover and where you can get more information. As it is general in nature, it is not meant to replace bylaws or other legal documents.
What is a conditional use?
A conditional use is a use which may be permitted, if approved in a conditional use order by council. Conditional uses are those types of uses (e.g. apartment block) that may be appropriate in a particular zoning district (such as Urban Residential), but not necessarily in every area of a district (for instance next to a predominant single family dwelling area).
Why do conditional uses need to be approved?
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. The conditional use process requires that a public hearing be held for conditional uses by council and that landowners in the surrounding area be notified by mail.
The conditional use application process
Here are the major stages in the conditional use application process:
Prior to submitting your conditional use application, you should meet with municipal staff to discuss your proposal and review applicable municipal plans, policies and regulations. Municipal staff can inform you of how council has dealt with similar applications in the past and discuss possible local resident concerns.
Submit an application
Conditional use application forms are available at the municipal office. Planning staff can assist you, but be prepared to submit the following information:
- The property owner’s name and address. (If the applicant is applying onbehalf of the property owner, a letter of authorization must be submitted).
- The address and legal description of the subject property
- A brief description of the proposed development
Depending upon the scale of development the applicant may be requested to provide a site plan, traffic impact report and other related information.
All conditional use applications are subject to a fee of $200.00 for non livestock related matters and $4.00/total onsite Animal Units for all Livestock applications.
Municipal staff will review your application in regard to the Hanover Development Plan, the Hanover Zoning Bylaw and other applicable regulations. A report will be prepared that presents staff findings and a recommendation regarding the appropriateness of the proposed development.
Before consideration by council of the conditional use application, municipal staff will notify area residents by mail.
Report to council and public hearing
The municipal staff report will be read at the start of the public hearing. Any person, who feels they may be affected if conditional use approval is granted by council, has an opportunity to express their opposition or support in regard to the application. This includes the proponent of the conditional use application who will also have a chance to present the development details or respond to any questions. When all interested parties have spoken, the reeve will close the public hearing.
On completion of the public hearing council can reject the application or approve the application as proposed with or without conditions. For council to approve the application they should feel that the proposed development will not adversely affect the general environment, amenity, value and convenience of adjoining properties or the community as a whole, to ensure that this council can impose conditions to maintain the intent of the Hanover Development Plan and the Zoning Bylaw. In regard to conditional uses, council’s decision is final and cannot be appealed. The applicant and those people who made representation at the public hearing will be notified by mail of council’s decision.