07-07-2017, 09:20 AM
(07-07-2017, 08:03 AM)jamincan Wrote: The thing that doesn't make sense to me is that most zoning by-laws grandfather in existing uses so that despite the fact that the store might not comply with the current zoning, it would continue on as a non-conforming use. Specifically:
Quote:8.19.1 Nothing in this by-law shall apply to prevent the use of any land, building or structure for
any purpose prohibited by this 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.
I have no expert knowledge, nor special knowledge of this situation, but I wonder if the existing use was allowed when it started because they made the parking arrangement? So they aren’t an existing use under the meaning of the zoning bylaw — they’re actually conforming to the zoning bylaw by renting parking from the Region.
Now, this ignores that there should not be parking minima, and Len’s should be able to decide for themselves how much parking they need and where it needs to be, but that is a separate issue.
The Province could do a lot of good by setting restrictions on zoning bylaws — starting with outlawing parking minima everywhere in Ontario.