A property has been used for 15 years for a purpose that a later zoning by-law prohibits; the use was lawful when the by-law was passed. Under Ontario's Planning Act, how long does the by-law leave that use protected?
Correct Answer
D) For as long as the land continues to be used for that purpose
Planning Act s. 34(9)(a) says no zoning by-law applies to prevent the use of land or a building for a purpose the by-law prohibits if it was lawfully used for that purpose on the day the by-law was passed, so long as it continues to be used for that purpose. The protection runs with the land, not the owner, and ends if the use stops. Whether a destroyed non-conforming building may be rebuilt depends on the municipality's zoning by-law.
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A municipality's Official Plan designates an area as 'Environmental Protection' but the zoning bylaw shows the same area as 'Residential.' A developer wants to build homes there. What legal principle determines the permissible use?
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