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.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.