The Wood Bull Guides

Section 39 [Temporary Use Provisions]

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  • 39(1) TEMPORARY USE PROVISIONS

    (1) The council of a local municipality may, in a by-law passed under section 34, authorize the temporary use of land, buildings or structures for any purpose set out therein that is otherwise prohibited by the by-law.  R.S.O. 1990, c. P.13, s. 39 (1).

  • 39(1.1-1.2) REPEALED

    (1.1-1.2) Repealed.  2002, c. 17, Sched. B, s. 11 (1).

  • 39(2) AREA AND TIME IN EFFECT

    (2) A by-law authorizing a temporary use under subsection (1) shall define the area to which it applies and specify the period of time for which the authorization shall be in effect, which shall not exceed three years from the day of the passing of the by-law.  2002, c. 17, Sched. B, s. 11 (2).

  • 39(3) EXTENSION

    (3) Despite subsection (2), the council may by by-law grant further periods of not more than three years each during which the temporary use is authorized.  R.S.O. 1990, c. P.13, s. 39 (3).

  • 39(4) NON-APPLICATION OF CL. 34 (9) (A)

    (4) Upon the expiry of the period or periods of time mentioned in subsections (2) and (3), clause 34 (9) (a) does not apply so as to permit the continued use of the land, buildings or structures for the purpose temporarily authorized.  R.S.O. 1990, c. P.13, s. 39 (4).

  • 39.1(1) GARDEN SUITES

    (1) As a condition to passing a by-law authorizing the temporary use of a garden suite under subsection 39 (1), the council may require the owner of the suite or any other person to enter into an agreement with the municipality dealing with such matters related to the temporary use of the garden suite as the council considers necessary or advisable, including,

    (a) the installation, maintenance and removal of the garden suite;

    (b) the period of occupancy of the garden suite by any of the persons named in the agreement; and

    (c) the monetary or other form of security that the council may require for actual or potential costs to the municipality related to the garden suite.  2002, c. 17, Sched. B, s. 12; 2009, c. 33, Sched. 21, s. 10 (7).

  • 39.1(2) DEFINITION

    (2) In this section,

    “garden suite” means a one-unit detached residential structure containing bathroom and kitchen facilities that is ancillary to an existing residential structure and that is designed to be portable.  2002, c. 17, Sched. B, s. 12.

  • 39.1(3) AREA AND TIME IN EFFECT

    (3) Despite subsection 39 (2), a by-law authorizing the temporary use of a garden suite shall define the area to which it applies and specify the period of time for which the authorization shall be in effect, which shall not exceed 20 years from the day of the passing of the by-law.  2011, c. 6, Sched. 2, s. 7.

  • 39.1(4) EXTENSION

    (4) Despite subsection (3), the council may by by-law grant further periods of not more than three years each during which the temporary use is authorized.  2002, c. 17, Sched. B, s. 12.

  • 39.1(5) NON-APPLICATION

    (5) Upon the expiry of the period or periods of time mentioned in subsections (3) and (4), clause 34 (9) (a) does not apply so as to permit the continued use of the garden suite.  2002, c. 17, Sched. B, s. 12.

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