Conditional Uses
What is a conditional use?
When land or a building is used for something outside of the Zoning By-Law. Conditional uses must be approved by Council.
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.
Application Process
This is a general guide that briefly explains the Conditional Use application process in RM of St. Francois Xavier and where you can get more information. As it is general in nature, it is not meant to replace by-laws or other legal documents.
These are the major stages in the conditional use application process:
Pre-application
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
The conditional use application form can be found at the bottom of this page (Variance-Conditional Use Application). 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 on behalf 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.
Application Fee
All conditional use applications are subject to a fee of $350.00.
Application review
Municipal staff will review your application in regard to the White Horse Plains Development Plan, the RM of St. Francois Xavier Zoning By-law 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.
Council’s decision
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 White Horse Plains Development Plan and the RM of St. Francois Xavier 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.
Questions
Contact the RM of St. Francois Xavier at 204-864-2092 or submit a question to