What is the current zoning law on short-term cottages?

British Columbia, Canada


The following excerpt is from Thompson-Nicola (Regional District) v Cade, 2019 BCSC 1644 (CanLII):

The plaintiff argues that at the time the Current Zoning Bylaw came into effect: a) no occupancy certificates had been issued, and the cottages could not be lawfully used within s. 528(1); b) the cottages were lawfully under construction pursuant to the renewed building permits. Buildings under construction are only entitled to lawful non-conforming use protections to the extent set out in s. 528(4); c) the building permit for each cottage only approved use as a single family dwelling and not as short-term rentals or as a HHRC. Section 528(4)(b) specifically incorporates the “intended purpose as determined from the building permit”. The plaintiff refers to Fritz v. Victoria (City), [1990] B.C.W.L.D. 1570 (S.C.); d) when the building permits expired in March 2013 the buildings ceased being lawfully under construction and therefore were not lawfully used; and e) alternatively, by September 2013 when six months had elapsed without lawful construction resuming, the basis on which the Properties could have had lawful non-conforming use also lapsed.

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