Home
A A A

What is a Conditional Use or Variation Order?

Conditional Use Orders

The municipal Zoning By-Law divides a Municipality / Town into different zones where compatible uses of land, buildings and structures permitted. There are certain uses, designated “Conditional Uses”, which can not properly be permitted in any zone without consideration, in each case, consideration is given regarding the impact of those uses upon neighboring land.

Variation Order & Minor Variation

A Variation Order may be applied for to request relief from the prescribed provisions in the applicable Zoning By-Law. In some cases, Minor Variation may be applied for if the variation request is within 15% of the required amount to be varied. The Development Officer has the authority to grant a Minor Variation.

Development Plan & Zoning By-Law Amendments

Council may on its own initiative or at the request of an applicant amend a Zoning By-Law if the council agrees. An application to amend a Municipal Zoning By-Law or the Rural Municipality of Ellice – Archie Development Plan shall be made to the Council of the RM of Ellice – Archie.

PROCESSES: 

Variation Order and Conditional Use Orders

  1. After receipt of an application, the Development Officer will book the next available time with the Council for a public hearing. As the MB Planning Act requires notice to be sent to the surrounding properties within a 100M radius 14 days before the hearing, the next council meeting may be up to 4 weeks from the day of application receipt.
  2. At the hearing, Council will hear from the Development Officer, the Applicant/Owner, and any member of the public in attendance that wishes to speak to the application.
  3. If Council requires more information, the hearing will be adjourned to a later set time and date. If Council feels they have enough information to decide after representations are made, they will close the hearing and either approve or reject the application.
  4. Decision of Council is final and can not be appealed.

 

Zoning By-Law Amendment

  1. After receipt of an application, the Development Officer will have an amending by-law drafted and sent to Council for 1st reading.
  2. At 1st reading, Council will consider the validity of the application, the conformity to the Development Plan and whether the application is a repeat of a previously turned down application. If Council votes the 1st reading down, the application is defeated and the decision can not be appealed.
  3. If Council votes for 1st reading, the Development Officer will then set a date for a public hearing. In regard to required notice as set forth in the MB Planning Act, this could take up to 40 days.
  4. If no objections are made at the public hearing, council may then give the by-law 2nd and 3rd reading once the public hearing is closed.
  5. Council may decide to wait until the next council meeting to give 2nd or 3rd reading.

 

Development Plan Amendment

  1. After receipt of application, the Development Officer will have an amending by-law drafted and sent to the Council for 1st reading.
  2. At 1st reading, the Council will consider the merit of the application and whether the application is a repeat of a previously turned down application. If Council votes the 1st reading down, the application is defeated and the decision can not be appealed.
  3. If Council votes for 1st reading, the Development Officer will then set a date for a public hearing. In regard to required notice as set forth in the MB Planning Act, this could take up to 40 days.
  4. If no objections are made at the public hearing, the Council may then give the by-law 2nd reading once the public hearing is closed.
  5. The Council may decide to wait until the next board meeting to give 2nd reading.
  6. Notice of 2nd reading will then be forwarded to the Minister for approval.
  7. The Council will not give 3rd reading to the amending by-law until approval from the Minister is received. Once Ministerial approval is received, the Council may give the amending by-law 3rd reading.