Amendments to Temporary Use Permit Regulations

Posted On Friday October 04, 2019

OCTOBER 4, 2019 - The District of Kitimat is considering amendments to the Official Community Plan (OCP) and zoning in the Kitimat Municipal Code related to temporary use permits (TUPs).  A TUP is a development application requesting approval from Council, or delegate, for a short-term land use that is not permitted by zoning at a specific property.  If proposed new regulation is adopted by Kitimat Council, TUPs will be possible in more zones. The draft bylaw suggests home businesses be able to have one employee who resides elsewhere and introduces permit guidelines for specific zones.

Changes to Definitions

Both Home Business Address and Home Occupation definitions will be changed to:

- business activity at the dwelling shall be performed only by person(s) resident in the dwelling plus one individual—at a time—who resides off the premise

Currently, businesses can only employ those who reside on the property. The proposed change would allow one person, at a time, that doesn’t live on the property to work at the business.

 

Additional Zones Where TUPs Could be Permitted

If the bylaw is adopted, six additional zones have been identified as areas where TUPs may be issued. Additional zones are:

  • Local Park (G2)
  • Small Holding Zone (G3)
  • Cable Car (G3-A)
  • Strawberry Meadows (G3-B)
  • Residential (G3-C)
  • Welfare or Rest Home Residential Zone (R5-A) 

There are 432 lots within the six zones listed above.

Cable Car and Strawberry Meadows

Bylaw 1956 limits the types of land uses that can apply for a Temporary Use Permit in Cable Car (G3-A) and/or Strawberry Meadows (G3-B or G3-C) to:

(a) Brewery, Cidery, Meadery, Winery
(b) Coffee Shop
(c) Personal Service Shop
(d) Recreation
(e) Cultural Activity
(f)  Animal Grooming; and
(g)  No activity listed in BC Contaminated Sites Regulation, Schedule 2, unless environmental professional engaged at applicant expense and approved by District of Kitimat; or Ministry of Environment; has identified appropriate mitigation measures to be included as conditions of use and performance bonding in a form satisfactory to District of Kitimat and sufficient to complete mitigation is posted by business operator. 

In addition to limiting land uses eligible for TUPs, OCP includes guidelines for Council and staff to consider when issuing specific types of TUPs. The following conditions are recommended:

  • Restrict number of employees that do not reside on subject property to one;
  • Noise mitigation including: hours of operation within 0700 to 1900 daily or in accordance with Kitimat Municipal Code noise regulations;
  • Nuisance mitigation including: screening requirements, and requiring storage of business-related goods in an enclosed structure or out-of-sight of neighbors and people travelling on the road;
  • All vehicles associated with home and business must be parked on-site;
  • Landscape buffer to minimize impacts on adjacent properties and street view; and
  • Structures supporting business operations are constructed within building envelope.

 

For more information, please visit kitimat.ca/pn.

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MEDIA CONTACT:

Gwendolyn Sewell
Director of Community Planning & Development
District of Kitimat
250.632.8910
dok@kitimat.ca

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