Interactive Land Use Bylaw
Strathcona County - Interactive Land Use Bylaw
Part 1 : Interpretation
1.10 Non-conforming uses and buildings
If a development permit has been issued on or before the day on which this bylaw or a land use amendment bylaw comes into force in Strathcona County and the Bylaw would make the development in respect of which the permit was issued a non-conforming use or non-conforming building, the development permit continues in effect despite the coming into force of this bylaw.
A non-conforming use of land or a non-conforming use of a building may be continued, but if that use is discontinued for a period of six consecutive months or more, any future use of the land or building shall conform with the provisions of this bylaw.
A non-conforming use of part of a building may be extended throughout the building, but the building, whether or not it is a non-conforming building, shall not be enlarged or added to and no structural alterations shall be made to or in it.
A non-conforming use of part of a lot shall not be extended or transferred in whole, or in part to any other part of the lot and no additional buildings shall be erected on the lot while the non-conforming use continues.
A non-conforming building may continue to be used, but the building shall not be enlarged, added to, rebuilt or structurally altered, except:
- (a) to make it a conforming building;
- (b) for the routine maintenance of the building if the development authority considers it necessary.
Despite Section 1.10(5), the development officer may consider a variance in any zone to allow for an enlargement, alteration, or addition to a non-conforming building if the proposed development conforms with the use prescribed for that land or building in this bylaw and would not, in the opinion of the development officer:
- (a) unduly interfere with the amenities of the neighbourhood; and
- (b) materially interfere with or affect the use, enjoyment or value of neighbouring properties.
If a non-conforming building is damaged or destroyed to the extent of more than 75% of the value of the building above its foundation, the building shall not be repaired or rebuilt except in accordance with this bylaw.
Last updated: Friday, January 17, 2025
Page ID: 51694