VARIANCE, n. 1.Permission to contravene a by-
law topermitdevelopment ofcertainlandwhichdoes
not meet criteria prescribed in fee by-law. 2. A doc- ^ / , '
ument wim^ut precedential value issued, for an in- ^ ° "• u
dividual circumstance on a single occasion, by a
safety officer or safetymanager allowing (a) a devi-
ation from the application of an enactment, or (b) a
, v if the proposed use is not specifically prohibited.
ONFORMING USK 1. Use of land"o?~
a m a n n e r o r purpose "lawfulwhen
ced and lawful prior to a change in a gov-
land use by-law...."Mehta v. Truro (Town)
,5M.PX.R. (2d)216at218,104N.S.R. (2d)
-r~3 A.P.R,.*.0 .C.A.), .all_ . J,A. 2.,Al., ,. W AV
which all required permits have been issued will
•-mply with the zoning bylaw. H
MANDAMUS, n. [L. we cofflanand] 1. An ojrde£
issued inthenameofthecourttocompel performance^
of a public legal dutyTlt has long been the means by
which private litigants have required governmental T~
authorities to discharge their obligations. However,
that said, mandamus remains a discretionary remedy
and one which is available only in specific circum-
stances.Dolanv.Moose Jaw(City), 2008SKCA170.
2. "[An extraordinary remedy which]...liestosecure
the performance of a public duty in the performance
of which the applicant has sufficient legal interest.
The applicant must show that he demandedthe per-
formance of the duty and that performance of it has
been refused by the authority obligedto dischargeit
... Another principleis that a mandamus will not be
issued to order a body as to how to exercise itsjuris-
diction or discretion."* / ' V
Planning and Development Aat, 1983
62(2) Where a person applies for a
development permit in respect of a
The Rights ofLandowners development or usedescribedasa permitted
use by a zoning bylaw, the development
officer shall, if the application conforms to the
l.Mandamus Applications and the issue a development permit.
Right to a Permit
Laing Property Corporation v.Regina (City)
Ottawa (City) v. Boyd Bujmers,  S.C.R.
(Sask. Q.B.) June 23, 1997, 3:45 p.m.
An owner'sprima facie right to useproperty can Laing Property Corporation granted mandamusjirder requiring the
City to issue a permit for converting pui I. oTT^property to movie
be defeated by rezoning if the municipality theatres.
establishes: SuV. v^rT;:, \ uiVXiS O City had already advertised a public hearing to consider proposed
bylaw amendments which would no longer allow theatres in the
(a) a clear intent to restrict orzone existing before f ^ ' district.
the application bythe owner for a building ,.!, •J \ Court distinguished SCC ruling in Boyd because bylaw in Boyd had
permit, already been passed arrtfwtiy'awaifm? approvalfrom anexternal
made; council had only adopted a resolution to consider a bylaw
(b) that council hasproceeded in good faith, and amendment.
(c) that council has proceeded with dispatch,( jl Even if Boyd applied, "clear intent" requirement not satisfied, since
public participation process not complete. The City could not
approach this process with a"closed mind".
Planning and Development Act, 1983
207(1) A council shallgive notice of its
intention to consider a bylaw adopting,
The Rights ofLandowners
amending or repealing:
(a) anofficial community plan...
2, Legal Non-conformities
(c) a zoning bylaw...
4 3 , The Planning and Development Act, 2007 The Planning and Development Act, 2007
88Subject to the other provisions of this 2 (l)(ff) "non-conformingbuilding" meansabuilding;
(i)that is lawfully constructedor lawfully under construction,or in respect of
Act,the enactment of azoning bylaw orany whichail required permits have been issued, at the date a zoning bylawor
any amendment to a zoning bylawaffecting the building or land on which the
amendment to azoning bylawdoes not building is situated or will besituated becomes effective; and
(ii) that on the date a zoning bylaw or anyamendment to a zoning bylaw
affect any non-conformingbuilding, non- becomes effective does not, or when constructedwill not, comply with the
conforming useor non-conforming site. (hh)"non-conforming use" means a lawful specific use:
fi) being made of land or a buildingor intended to be made of a building
lawfully under construction,or in respectof which all required permits
havebeen issued, at the date a zoning bylaw or anyamendment to a
zoning bylaw affecting the land or building becomes effective; and
(ii) that on the datea zoning byfawor any amendment to a zoning
bylaw becomeseffectivedoes not, or in the case of a building under
constructionor in respect of which ali required permits have been
Issuedwill not, comply with the zoning byfaw;
See also (gg) non-conformingsite.
The Planning and Development Act, 2007
s. 89 - if non-conforming use is discontinued for a period of at least 12
. 2(l)(v) "intensity of use"means the densityof consecutive months,any future useof the landor building must conform...
s. 90(1} - Anon-conforming usemust not be increased in intensity, area or volume
use, number of units, size of development, or within a building, or on the parcel it occupies.
(2) A non-conforming use must not be (a) relocated within a building; (b)
bulk,form or number of buildings or moved to another location within a building; or (c) moved to another portion
of the parcel on which the ue is situated.
structures for a permitted, discretionary or (3) & (4) —restrictions on structural alterations or additions.
s. 91 Structural r