Properties with legal non‑conforming (“grandfathered”) uses often come with unique considerations, particularly when municipal zoning shifts.
Imagine someone just purchased a charming bed & breakfast (“B&B”) that has been in business for many years. They close the B&B for two weeks to complete renovations, such as changing the signage, and then, suddenly, the municipal Council amends the zoning by-law to prohibit all short‑term accommodation on the street. Does that mean they can’t reopen the B&B? Let’s discuss.
Establishing When a Property Has Legal Non-Conforming Use Status
Subsection 34(9) of the Ontario Planning Act provides that provisions in a zoning by-law do not apply to the use of land, a building, or a structure that was lawfully commenced on the date the by-law was passed. Meaning, if the building was legally used as a B&B before the by-law amendment, then the property can continue to be used as a B&B. The use has become legally non-conforming, and there are
