A legal non-conforming use is when the use of land is not permitted by the current Zoning Bylaw, but was permitted by a previous bylaw. The legal non-conforming use must be continuously used for that purpose.
Permission is required to change a legal non-conforming use to a use that is similar or more compatible with the uses permitted in the zone. Permission may be granted for the change of a legal non-conforming use if, in the opinion of the Committee of Adjustment, the request meets the tests under the Planning Act. These tests are:
- Is it a legal non-conforming use?
- Is it another use or purpose previously permitted by the Committee?
- Has the use continued to the date of application?
- Is the proposed use similar to the purpose for which it was used on the day the prohibiting bylaw was passed? Or is the proposed use more compatible with the uses permitted by the prohibiting bylaw than the purpose for which it was used on the day the prohibiting bylaw was passed?
A legal non-conforming building or structure is when a building or structure does not meet one or more zoning provisions under the current Zoning Bylaw, but met the zoning provisions under a previous bylaw. The legal non-conforming building or structure must be continuously used for that purpose.
Permission is required to enlarge or extend an existing legal non-conforming building or structure.
Permission may be granted for the enlargement or extension of a legal non-conforming building or structure if, in the opinion of the Committee of Adjustment, the request meets the tests under the Planning Act. These tests are:
- Is it a legal non-conforming use?
- Is it another use or purpose previously permitted by the Committee?
- Has the use continued to the date of application?
- Is the enlargement or extension beyond the limits of the land owned and used in connection therewith on the day the bylaw was passed?
The process for obtaining permission is similar to the minor variance process and uses the same application form.
