chapter 14 non conforming

Question 1

Tussaud bought a large piece of property in the Vancouver area on which she constructed a wax museum. The area was subsequently rezoned to residential use. What will most likely be the new status of Tussaud’s tourist attraction?

1. Under the new zoning bylaw, the museum will be deemed an illegal use of land and Tussaud will be forced to shut it down.
2. The museum may continue operation as a legal non-conforming use of the land, but only while owned by the original owner, Tussaud.
3. The museum may continue operation as a legal non-conforming use, but may lose this status if it shuts down for more than 90 days.
4. Tussaud will only be able to continue operation of the tourist attraction in this area if she applies for and is granted a development variance permit.

Answer 1

Correct Answer: 3

Option (1) is incorrect because zoning bylaws cannot be retroactive. Option (2) is incorrect because the status of legal non‑conforming use of land may continue through successive changes in ownership. Option (3) is correct because the status of non‑conforming use will be lost if the use is discontinued for more than six months (90 days in Vancouver), unless the discontinuance is part of normal seasonal or agricultural practice. Option 4 is incorrect because a development variance permit cannot vary the land use provisions in any bylaw.

Question 2

Which of the following is NOT an example of a legal non-conforming use?

1. Elizabeth has just purchased a corner grocery store from Tom, who had owned it for 5 years. Last year the zoning was changed from commercial to residential.
2. Della operated a law office in 25% of a building located in an area which has just been rezoned from commercial to residential. Della’s practice is booming and she has expanded her office to occupy 50% of the building.
3. Mizuho runs a deli in an area which was last year rezoned from commercial to residential. To accommodate her expanding catering business she has just constructed a 400 square foot addition off the back of the building.
4. Gina runs a souvenir shop in Whistler, which she closes every year for three months from early September to late November. The zoning has been changed from commercial to residential.

Answer 2

Correct Answer: 3

Option (3) is correct because an addition to a building cannot be used for a non-conforming use unless it is required by law or permitted by a board of variance. Option (1) is incorrect because a non-conforming use may continue through successive changes in ownership. Option (2) is incorrect because a non-conforming use in part of a building may be extended throughout an existing building. Option (4) is incorrect because a non-conforming use loses its status if the use is discontinued for a continuous period of six months (or 90 days in Vancouver), and since Gina’s closure is only for three months and is not in Vancouver, it will be permitted to continue as a legal non-conforming use.