Acts and Regulations

2017, c.19 - Community Planning Act

Section 60
Disposition versions

Full text
Non-conforming use
60(1)The making of a zoning by-law or a regulation that amends or repeals an existing zoning by-law or regulation or the making of zoning provisions in a rural plan that amend or repeal existing zoning provisions
(a) may cause uses then existing to become non-conforming, and
(b) does not change the date on which a use became non-conforming.
60(2)A non-conforming use may continue despite the zoning by-law or regulation or rural plan but
(a) if the use is discontinued for a period of ten consecutive months, or a further period as the advisory committee or regional service commission, as the case may be, considers fit, it shall not be recommenced and any further use of the land, building or structure shall conform with the zoning by-law or regulation or rural plan, and
(b) if a building or structure that contains a non-conforming use has, in the opinion of the advisory committee or regional service commission, as the case may be, been damaged to the extent of at least half of the whole building or structure, exclusive of the foundation, the building or structure shall not be repaired or restored or used except in conformity with the zoning by-law or regulation or rural plan, unless the advisory committee or regional service commission agrees otherwise, and, in the case of a by-law, the council may purchase or otherwise acquire the parcel of land on which the building or structure is situated.
60(3)A non-conforming use of a part of a building may be extended throughout the building, except that, if a portion of the building was constructed after the date the use became non-conforming, the use shall not be extended into that portion without the consent of the advisory committee or regional service commission.
60(4)With the consent of the advisory committee or regional service commission, as the case may be, a non-conforming use may be changed to a similar non-conforming use.
60(5)Except as required by an Act or regulation or a by-law, no person shall enlarge, add to or structurally alter a building containing a non-conforming use.
Non-conforming use
60(1)The making of a zoning by-law or a regulation that amends or repeals an existing zoning by-law or regulation or the making of zoning provisions in a rural plan that amend or repeal existing zoning provisions
(a) may cause uses then existing to become non-conforming, and
(b) does not change the date on which a use became non-conforming.
60(2)A non-conforming use may continue despite the zoning by-law or regulation or rural plan but
(a) if the use is discontinued for a period of ten consecutive months, or a further period as the advisory committee or regional service commission, as the case may be, considers fit, it shall not be recommenced and any further use of the land, building or structure shall conform with the zoning by-law or regulation or rural plan, and
(b) if a building or structure that contains a non-conforming use has, in the opinion of the advisory committee or regional service commission, as the case may be, been damaged to the extent of at least half of the whole building or structure, exclusive of the foundation, the building or structure shall not be repaired or restored or used except in conformity with the zoning by-law or regulation or rural plan, unless the advisory committee or regional service commission agrees otherwise, and, in the case of a by-law, the council may purchase or otherwise acquire the parcel of land on which the building or structure is situated.
60(3)A non-conforming use of a part of a building may be extended throughout the building, except that, if a portion of the building was constructed after the date the use became non-conforming, the use shall not be extended into that portion without the consent of the advisory committee or regional service commission.
60(4)With the consent of the advisory committee or regional service commission, as the case may be, a non-conforming use may be changed to a similar non-conforming use.
60(5)Except as required by an Act or regulation or a by-law, no person shall enlarge, add to or structurally alter a building containing a non-conforming use.