LEGAL NON-CONFORMING USES/LEGAL NON- COMPLYING STRUCTURES

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Ashley Daniels
5 years ago
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1 By-law Discussion Paper # 14 LEGAL NON-CONFORMING USES/LEGAL NON- COMPLYING STRUCTURES Meeting Dates: August 21, 2001 and September 12 & 26, 2001 Official Plan Intent Non-conforming uses should cease to exist in the long term, however in extenuating circumstances it is possible to permit the continued existence of a land use, which does not conform to the permitted uses or setback provisions of the Comprehensive Zoning By-law. Applicable Policies J.28 non conforming uses should cease to exist over the long term J.29 recognize an existing use in Zoning provided that the zoning will not permit any change of use or regulation that : a) will aggravate the existing situation; b) is detrimental to abutting uses; c) will result in incompatibility; d) will not be in reasonable proportion to the existing use and the land on which it is located; or e) will interfere with the desirable development of adjacent areas. J.30 recognition of uses which do not comply to lot or setback provisions of the Comprehensive Zoning By-law Background Non-complying use refers to a building or structure, which existed prior to the date of adoption of the by-law and is permitted in a zone, however it does not comply with a setback provision. For example, in 1940 a cottage was built 45 feet away from the lake shoreline. Although it does not comply with the 66-foot water setback provision, the building has a legal non-complying status. Non-conforming use refers to the use of an existing lot, building or structure for a purpose, which is prohibited by the By-law, but that use was established prior to the date of adoption of the By-law and the use has been continued. A good example would be the operation of a grocery store, established in 1970, which was September 28,

2 included in a residential zone in The store would have a legal nonconforming status. Provisions for non-conforming uses and non-complying structures from other zoning by-laws; including, Bracebridge, Georgian Bay, Gravenhurst, Huntsville, Lake of Bays, Muskoka Lakes, Saugeen Shores, and Tay were reviewed. Considerations The current Lake of Bays By-law does not make a distinction between nonconforming uses and non-complying structures and this has caused confusion. Some decisions respecting legal non-complying buildings in the shoreline activity area are contained in Discussion Paper No. 1. Recommendation 1. The By-law should address nonconforming uses and noncomplying buildings and structures separately. 2. The by-law should not include a time frame respecting the abandonment or cessation of a use. a) The By-law currently does not make a distinction between non-conforming uses and non-complying buildings and structures and this has caused confusion with staff and the public. b) There is much case law addressing this issue that would have to be addressed. Non-complying Buildings and Structures: 3. (i) Where a non-complying building is damaged, destroyed, or demolished, the reconstruction of the building will be restricted to its original footprint, building size, height and location. An expansion or an addition to such a structure may be made subject to the following subsections (ii) or (iii). c) The circumstance in which the destruction of a building occurs does not matter. A property owner should be able to rebuild the structure provided it is essentially the same. d) The By-law should be written so that there is no distinction between a structure or building destroyed by natural causes or demolition. (ii) An expansion of, or addition to a legal non-complying building will be permitted provided it is the same height as the original structure, it complies with all other e) A property owner should not be penalized if they wish to expand an existing structure provided that it complies with all other provisions of the by-law and there are no further September 28,

3 provisions of the By-law and there are no further contraventions to the By-law. (iii) An expansion of, or addition to a legal non-complying building within the shoreline activity area will be permitted provided that it is the same height as the original structure, it complies with all other provisions of the By-law and there are no further contraventions of the By-law. The size of the addition will be restricted to a maximum allowance of 20% of the total shoreline activity area coverage. contraventions. f) Expansion of existing structures within the shoreline activity area should be restricted. However, the owner should be permitted to use some of the shoreline activity area coverage allowance to expand an existing structure. This will reduce the coverage remaining for shoreline structures. 4. If a building is damaged or destroyed by natural or man made causes, submission of an application for building permit to replace the structure must occur within two years. g) If someone wishes to rebuild the exact same dwelling in the same location, two years should be ample time to submit the building permit application and plans. Non-conforming uses: 5. A legal non-conforming use should cease to exist in the long term. However, provided that there is no change in use, the existing use may continue. Accessory uses to the legal non-conforming use will also be permitted. 6. In drafting the new By-law, known existing legal non-conforming uses will be reviewed. Where they do not appear to causing adverse impacts, the use will be recognized in the By-law. h) If a legal non-conforming use is not causing adverse impacts, there is no harm in recognizing the use in zoning. September 28,

4 7. Where a building containing a nonconforming use is damaged, destroyed, or demolished, the reconstruction of the building will be restricted to its original footprint, building size, height and location. i) The circumstances by which the building s destruction occurred do not matter. A property owner should be able to rebuild the structure provided it is essentially the same. 8. Existing legal non-conforming uses will be reviewed as the new zoning schedules are being prepared and certain properties may be zoned to recognize a long term situation where it would generally conform to the Official Plan and would not have an adverse effect. Existing Lots: 9. Where an owner, who has an existing lot, adds additional land to that lot (through the closure of a shore road allowance or lot addition), the new lot configuration should be deemed to conform to the By-law. 10. Where there is a developed existing lot that doesn t meet the minimum lot area or frontage requirements, reconstruction or repair of existing structures, and construction of additions or accessory structures may be permitted provided the proposal complies with all other provisions of the By-law. 11. Where a land acquisition by any public authority results in a change to the configuration of a lot, such that it does not comply with the applicable zone lot area and frontage provisions (perhaps made slightly smaller), it should be recognized as an existing lot. j) A property owner should not be penalized if they wish to improve the circumstances on their lot through the merging of additional property. k) Owners of existing undersized lots that were legally developed in the past should be provided the flexibility to expand their building or construct an accessory structure, provided that the other provisions of the by-law can be met (e.g. side yards or coverage). l) It may cause hardship not to recognize such smaller lots created by the action of a public authority. September 28,

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Chapter 9 - Non-Conformities CHAPTER 9 - INDEX

Chapter 9 - Non-Conformities CHAPTER 9 - INDEX CHAPTER 9 - INDEX 9-10: GENERAL... 3 9-20: SUBSTANDARD SIZE LOTS OR PARCELS... 3 9-20-10: GENERAL... 3 9-20-20: CUMULATING OF SUBSTANDARD SIZE LOTS OR PARCELS... 3 9-20-30: SEPARATION OF PLATTED SUBSTANDARD