A restaurant owner in Ontario wants to add a small retail store to the building. The zoning by-law for the property lists the permitted uses in the zone; 'restaurant' is listed and 'retail store' is not. What is the planning position?
Correct Answer
B) Retail is not permitted as of right; it needs planning approval, such as a rezoning
Planning Act s. 34(1) lets council pass zoning by-laws prohibiting the use of land except for the purposes set out in the by-law. A use not listed, such as a retail store here, is not permitted as of right, so the owner needs planning approval, such as a zoning by-law amendment or a Committee of Adjustment decision under s. 45.
Why This Is the Correct Answer
The by-law permits only the listed uses, and retail is not among them. Under s. 34(1) the unlisted use is prohibited, so the owner must obtain an approval such as a zoning amendment under s. 34 or, where it fits, a Committee of Adjustment decision under s. 45.
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