A Legal Non-Conforming Right is the right to continue a specific land use that is no longer permitted under the current zoning by-law. To qualify as a Legal Non-Conforming Use, the use of land, building or structure:
- Must have been established legally at a time when it was permitted under a previous zoning by-law or predate the existence of a zoning by-law.
- Must have been in continuous use since it was established.
The requirements of Legal Non-Conformity are identified in Section 34(9) of the Planning Act, which states that a by-law may not “prevent the use of any land, building or structure for any purpose prohibited by the by-law if such land, building or structure was lawfully used for such purpose on the day of the passing of the by-law, so long as it continues to be used for that purpose”.
Where a property owner is seeking written confirmation that their use is permitted to continue under the status of Legal Non-Conforming, they must complete the following application form. Note that the onus is on the owner/applicant to provide proof that their use qualifies as legal non-conforming. Examples of evidence that can be supplied, are as follows:
- Affidavit from the current or previous property owner identifying the date the use was established and assuring that it has been continuously operated since this date
- Affidavit from neighbours, employees, legal representatives, or other individuals who can help to confirm a timeline for when the use was established and who can demonstrate that the use has been in continuous operation.
- Financial records
- Licenses associated with the operation of the use
- Other written documentation as available.
Please note that there is no guarantee that approval will be obtained as it will be dependent on the information provided.
The fee for an Application to Establish Legal Non-Conforming Use is $145 (2024), payable to the Township upon or immediately following submission. Please contact planning@get.on.ca for further discussion.
Please be advised that the Township retains the services of a third-party Legal Consultant. Additional fees will be incurred through the review of the application by the Township’s Legal Consultant, to which the owner/applicant will be responsible for.