In the context of Canadian municipal planning, what does the term 'non-conforming use' refer to?
Correct Answer
C) A once-legal use that no longer conforms to current zoning
A non-conforming use is a legal use that existed before a zoning bylaw change and no longer conforms to the current zoning requirements. These uses are typically allowed to continue but may face restrictions on expansion or rebuilding, and are often referred to as 'grandfathered' uses.
Why This Is the Correct Answer
Option C correctly defines non-conforming use as a legal use that existed before zoning changes but no longer conforms to current requirements. This reflects the 'grandfathering' principle found in provincial planning legislation across Canada. These uses are protected from immediate termination when zoning bylaws change, though they may face restrictions on expansion or rebuilding. This definition aligns with municipal planning acts in all Canadian provinces, which typically include provisions protecting existing legal uses from retroactive application of new zoning requirements.
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