What if my property was developed before the current zoning regulations took effect?

If your use and development were legal prior to the enactment of the latest Zoning Regulations, your property may qualify for ‘legal non-conforming use’ rights. This status—commonly referred to as “grandfathering”—is regulated under Sections 60 and 61 of the provincial Community Planning Act.

To establish non-conforming use rights, specific criteria must be met. For guidance, please consult the provincial Guideline for Determining Legal Non-conforming Uses under Sections 40 & 41 of the Community Planning Act.

It’s important to note that the intent of a non-conforming use is typically to phase it out over time and eventually replace it with a use that aligns with current zoning regulations. However, the Planning Review and Adjustment Committee (PRAC) has the authority to:
• Permit the continuance of a non-conforming use if it has discontinued for at least 10 consecutive months (typically only considered if the discontinuation period is no more than 36 months).
• Determine whether damage to a structure amounts to at least 50% (excluding the foundation), which may prohibit the continuance of the non-conforming use.
• Permit an expansion of the non-conforming use through an addition to the existing building constructed after the use became non-conforming.
• Approve the conversion of a non-conforming use to another use that is similar and compatible with surrounding land uses.

Note: The burden of proof for establishing non-conforming use rights lies with the property owner. The Development Officer will assess the evidence, including records and documentation, to determine if the rights can be confirmed.