TOWNSHIP OF ESQUIMALT STAFF REPORT
MEETING DATE: October 6, 2025 Report No. DEV-25-046
TO: Council
FROM: Alex Tang, Planner and Bill Brown, Director of Development Services
SUBJECT: Zoning Bylaw Amendment - Removal of Temporary Use Permit Section
RECOMMENDATION:
Recommendation
That Council gives three readings and adopts Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2025, No. 3174.
Body
EXECUTIVE SUMMARY:
Section 30.5 of Zoning Bylaw, 1992, No. 2050 allows for a temporary land use that does not fit with a zone’s permitted uses. As provisions for Temporary Use Permits are included in the Township’s Official Community Plan (Official Community Plan Bylaw, 2018, No. 2922), Section 30.5 of the Zoning Bylaw is both redundant and inconsistent. An amendment to remove this section from the Zoning Bylaw aligns with best practices and provides a legislative framework for regulating temporary uses through the Official Community Plan.
BACKGROUND:
Temporary Use Permits are a land use planning tool enabled under Sections 492-497 of the Local Government Act, allowing for the temporary use of land not otherwise permitted in a zoning bylaw. The enabling provisions for the Temporary Use Permits are currently included in both Zoning Bylaw, 1992, No. 2050 and the Official Community Plan Bylaw, 2018, No. 2922.
Section 30.5 of the Zoning Bylaw allows for temporary commercial or industrial land use for a period of two years with the possibility of one renewal.
Section 4.3 of the Official Community Plan outlines areas where Temporary Use Permits may be considered, general criteria for evaluation, and possible conditions. In accordance with Section 497 of the Local Government Act, it allows for a Temporary Use Permit to be issued for a period of three years with the possibility of one renewal.
Chronology:
• August 19, 2025 - Advisory Planning Commission
Advisory Body Recommendations:
Advisory Planning Commission
• The Advisory Planning Commission resolved that the application be forwarded to Council with a recommendation of approval as it will align with the Official Community Plan and updated provincial legislation.
ANALYSIS:
On June 25, 2018, Official Community Plan Bylaw, 2018, No. 2922 was adopted, making Section 30.5 of the Zoning Bylaw redundant. Furthermore, Section 30.5 is both dated and not consistent with the Official Community Plan.
The proposed amendment will:
• Remove the redundant section 30.5 on Temporary Use Permits from the Zoning Bylaw;
• Clarify that the Temporary Use Permit is now guided solely by the Official Community Plan, consistent with the Local Government Act; and
• Streamline regulatory documents.
There are no substantive policy changes proposed through this amendment.
OPTIONS:
1. That Council give three readings and adopt Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2025, No. 3174.
2. That Council postpone consideration of Amendment Bylaw No. 3174 pending receipt of additional information.
3. That Council defeat Amendment Bylaw No. 3174.
COUNCIL PRIORITY:
Good Governance & Organizational Excellence
FINANCIAL IMPACT:
There are no financial implications associated with the proposal.
COMMUNICATIONS/ENGAGEMENT:
The Township’s news & public notice webpage was updated to include a notice of first reading for this bylaw. A campaigner email was distributed to the Township’s public notice subscription list. Moreover, a notice of first reading for this bylaw was also posted on the public notice boards at Esquimalt Municipal Hall and Esquimalt Recreation Centre.
TIMELINES & NEXT STEPS:
The adoption of the amendment bylaw will complete the process of deleting the section on temporary commercial and industrial land uses from Zoning Bylaw, 1992, No. 2050.
REPORT REVIEWED BY:
1. Bill Brown, Director of Development Services, Reviewed
2. Kristi Bilodeau, Acting Director of Finance, Reviewed
3. Deb Hopkins, Director of Corporate Services, Reviewed
4. Dan Horan, Chief Administrative Officer, Concurrence
LIST OF ATTACHMENTS:
1. Appendix A: Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2025, No. 3174