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Land Use & PlanningZoningMEDIUM

What is a legal non-conforming use in the context of zoning?

Correct Answer

D) A use that was legal when established but no longer conforms to current zoning

A legal non-conforming use was lawfully established before the current zoning by-law and is no longer permitted by it. Ontario's Planning Act s. 34(9) lets it continue as long as it keeps being used for that purpose, though expansion or a change of use generally needs municipal approval.

Answer Options
A
A use that was illegal when established but has been grandfathered
B
A use that requires a variance from the Committee of Adjustment to operate legally
C
A use that operates under a temporary permit issued by the municipality
D
A use that was legal when established but no longer conforms to current zoning

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Key Terms

legal non-conforming usegrandfatheringzoning by-lawPlanning Act s. 34(9)committee of adjustment
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