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PLAN 343 (21)

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PLAN 343
Maria Lynn Freeland

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 use,otherthanthestandarduse,ofaregulatedproduct , 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, [1965] 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 zoningbylaw; 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. PDALimitationson Non-conformities- The Planning and Development Act, 2007 Summary 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
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