One. A non-compliant lot shall not be altered to increase the degree of non-compliance unless the degree of non-compliance of an adjacent lot decreases accordingly and no new lots or additional densities are permitted. For example, in Sault Ste. Marie (City) v MacWilliams, 1974 CarswellOnt 1236 (OMB), the Board reversed a decision of the Committee that the lawful and non-compliant use of a building as a grocery store for use as a laundromat can be altered. The decision was reversed because it was found that a laundromat would generate more traffic than a grocery store, contrary to the official plan`s goal of reducing traffic in the residential area. Non-compliant use may be terminated if it is determined that the use is discontinued. If a use is interrupted for at least one year, it is generally assumed that it will be discontinued. If use is completed, all future uses on the property must comply with applicable zoning regulations. Non-compliant use is generally defined as a land use or structure that was legal at the time it was established, but does not meet the standards of the current zoning ordinance. The term “non-compliant use” actually covers several situations, including non-compliant uses, lots and structures. The use of the land must be determined prior to the passage of the zoning ordinance in order to be considered a non-compliant use thereafter. The mere acquisition of immovable property and its use is not sufficient to establish an existing non-conforming use.
C. A non-compliant building, structure or physical feature may be reconstructed, refurbished or structurally modified if the new plant does not increase the level of non-compliance. 1. If the ordinary law of harassment allows neighbouring owners to prohibit the continuation of improper use. For example, a gravel pit, car wreck or dump harmful to children in a developing residential area could be ordered as part of a private anti-harassment action. Similarly, a zoning order may require by law that such improper use be stopped in an appropriate case. If a depreciation provision is challenged, the municipality can prove that the owner`s participation is low due to its vulnerability to a harassment suit. In this context, however, the term “depreciation” is inappropriate. Any grace period allowed by local law is free if the owner`s use can actually be ordered as a nuisance. 1.
the building or structure has been specially designed or modified for non-conforming use; Non-compliant use is a land use that has been determined by an authorized zoning order, that has been maintained on an ongoing basis, but that would no longer be permitted due to an amendment to the order. Non-conforming uses are sometimes referred to as “grandfathered” uses and may continue even after the Regulations are amended. (See Utah Code §§ 10-9a-103(43)-(44) & § 10-9a-511; and § 17-27a-103(46)-(47) & § 17-27a-510. Please note that different rules apply to non-compliant billboards. 1. Cave v. Zoning Vol. of Appeals of Village of Fredonia, 49 A.D.2d 228, 373 N.Y.S.2d 932 (4th Dep`t 1975), notes that the purpose of zoning by-laws limiting the extension, alteration or restoration of non-conforming uses is to encourage the elimination of non-conforming uses in zoning districts. Section 34(9) of the Planning Act applies to prevent new municipal zoning ordinances from interfering with the subsequent lawful use of one`s own land, building or structure.
Without this provision, landowners and commercial owners would have less stability and would be subject to all changes to the zoning ordinance. However, restrictions on how an owner can modify an existing non-compliant legal use are intended to reduce or eliminate non-compliant uses in the long term. The court ruled that improvements made by a company to its facilities that increased production did not increase improper use, violating a city`s order. The City`s Non-Compliant Use Ordinance does not explicitly prohibit the intensification of non-compliant uses. G. If a non-compliant use that requires a permit for use in the zoning zone and for which no permit for use has been granted is abandoned, the use may be resumed only after approval of a permit for use in accordance with chapter 17.168 or upon submission of a complete application for a permit to use within the sixty (60) days provided for in subdivision E of this section. If the operation of this type of non-compliant use is substantially altered, the new use must be either an approved use in the district or a use permit must first be approved by the planning commission to allow for the change of operation of the same previously established type of operation.