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Legal non conformity -a fun one

donk

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#1
Here is a quality case / question of legal non conformity.

Facts

Restaurant existed and closed.
Zoning limits number of restaurants to 20.
There are 22 in area.

Does the site that closed maintain its legal non conformity as the tenant left? Is the owners intent to rent to a restaurant continue the right to be a restaurant?

Does anyone else know of a zoning bylaw with a similar provision?
 

donk

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#2
One more question. If a restaurant moves from one location to another in an area that exceeds the limit would it have status?
 

dvdneal

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#3
Depends on your code to some point. Mine says if the use is discontinued for six months the use is out. Do you have anything that allows the use to continue? Mine would allow an operating non conforming use to switch to a less non conforming use, but that's based on continuous operation.

The restaurant that wants to switch locations would be out of luck in my book. The existing location would be non conforming. A new location would be illegal based on exceeding the restaurant limit. The restaurant limit itself is kind of odd to me, but I'm sure there's a reason.
 
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