Comment 75490

By marcus (anonymous) | Posted March 27, 2012 at 23:06:14 in reply to Comment 75460

there has been some parking at the south end of the lot for some time. The first question is whether that parking predated the parking lot ban which I believe started with the new zoning by-law in 2005. If so, there's an issue of whether it would be legal for that to be extended to the whole lot.

The city's own zoning brochure says: 'In order to expand or alter a legally established non-conforming use or a building in a particular zone, a successful application to the Committee of Adjustment is required'

Also the Planning Act s34(10) says that cities may pass by-laws permitting the extension or alteration of non-conforming uses.

From 'Legal Non-Conforming Uses Under the Planning Act':

Where no language has been included in the zoning by-law to permit an extension of a non-conforming use, such an extension will not be legal. The Court in Re Sault Dock Co. Ltd. explained that:
“The council of the municipality may …amend such a by-law to permit such "extension or enlargement". In the absence of such an amendment, the provisions of the by-law are operative and effective, with only the exceptions mentioned, and it does not in such circumstances lie within the power of council to permit such work.”

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