Humber/Ontario Real Estate Course 3 Exam Practice

What could affect the continued use of a property as a legal, non-conforming use in a zoning area?

1. Undertaking substantial renovations or demolition.

2. Making no changes to the store and gas bar and continuing the current use.

3. Closing the store and gas bar until the buyer can afford the day-to-day business expenses.

4. Converting the store and gas bar into a micro-brewery and restaurant.

5. Relocating the business to an adjoining commercial zone.

6. Changing ownership without altering the business operation.

The correct answer is: Making no changes to the store and gas bar and continuing the current use.

The continued use of a property as a legal, non-conforming use hinges significantly on maintaining the property's existing operational and structural characteristics. When a property is classified as legally non-conforming, it means that although it does not comply with the current zoning regulations, it was established under a previous zoning ordinance and is allowed to continue operating. Continuing the current use without any changes, as indicated in the correct answer, ensures that the property retains its non-conforming status. Legal non-conforming uses are typically protected from being terminated as long as the property continues to operate in the same manner as it has historically. Any modifications or changes in use could trigger a reassessment of the property under current zoning laws, potentially jeopardizing its non-conforming designation. Options involving substantial renovations or demolitions, closing the business, converting to a different type of operation, or relocating would likely disturb the established use and could result in loss of non-conforming status. Changing ownership alone, without any operational changes, does not affect the status either, but maintaining the current use is crucial for the non-conforming designation to persist.