Humber/Ontario Real Estate Course 4 Exam Practice

How is a property best described when it can continue its commercial operation despite new residential zoning bylaws?

1. Holding provision

2. Legal non-conforming use

3. Non-conforming retailer

4. Non-conforming structure

5. Conditional zoning

6. Temporary variance

The correct answer is: Legal non-conforming use

A property that can continue its commercial operation despite new residential zoning bylaws is best described as a legal non-conforming use. This term refers to a situation where a property was legally used for a certain purpose before the introduction of new zoning regulations that make that use no longer conforming. However, since the use was established legally prior to the change in bylaws, it is allowed to continue operating under the previous regulations. The concept of legal non-conforming use is essential in zoning law as it protects existing businesses from being forced to close or relocate due to changes in zoning laws that do not consider the established uses in an area. This designation allows property owners to maintain their operations while complying with the new zoning framework. The other options refer to different aspects of zoning or property use but do not accurately describe the continued operation of a business under new zoning bylaws. For instance, holding provision pertains to temporary restrictions placed on a property, conditional zoning involves specific conditions that must be met for the zoning to apply, and temporary variance allows for short-term deviations from zoning requirements, none of which address the status of an ongoing commercial operation influenced by new bylaws.