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A legal non-conforming use is a use that is not recognized in the Zoning By-law but which lawfully existed on the day the Zoning By-law was passed (June 6, 1994). In Ontario, these uses have a right to continue and cannot be "zoned" out of existence.
A legal non-conforming use should cease to exist in the long run and should be replaced by a use that conforms to the Zoning By-law and the Official Plan. Despite this objective, the Ontario Planning Act recognizes that legal non-conforming uses should be given some concessions even though they do not comply with the municipality's long-term planning documents. Consequently, the Planning Act gives the Committee of Adjustment some additional powers regarding the enlargement and expansion and change of use of legal non-conforming uses.
Adaline Thompson
Wiki User
∙ 14y agoA legal non-conforming use is a use that is not recognized in the Zoning By-law but which lawfully existed on the day the Zoning By-law was passed (June 6, 1994). In Ontario, these uses have a right to continue and cannot be "zoned" out of existence.
A legal non-conforming use should cease to exist in the long run and should be replaced by a use that conforms to the Zoning By-law and the Official Plan. Despite this objective, the Ontario Planning Act recognizes that legal non-conforming uses should be given some concessions even though they do not comply with the municipality's long-term planning documents. Consequently, the Planning Act gives the Committee of Adjustment some additional powers regarding the enlargement and expansion and change of use of legal non-conforming uses.
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