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Mayor and Council September 28, 1973

4. Nonconforming Single Family Dwellings — Apartment Zones

The present Zoning By-law of the City prohibits the construction of single
family dwellings in apartment zones. This amendment was passed a short time
ago to control the construction of single family dwellings in areas that are
obviously developing as apartment zones, in particular, construction on 33
foot lots.

The problem that was anticipated when this amendment was passed was that
existing single family residences in apartment zones would immediately become
nonconforming and additions or alterations to these buildings would be prohibited.

Council asked for a review of this problem and the Committee recommended the

following amendment to the Municipal Act be suggested to the Department of Municipal

Affairs. The amendment revises the wording of Section 705 (3) ef the Municipal
Act. ‘This amendment would permit Councils to include in their Zoning By-law the
rules under which structural alterations might be permitted to nonconforming
buildings. The wording of the amendment would be as follows:

"(3) A lawful use of a building or structure existing at the time of
the adoptiou of the Zoning By-law, although such use does not conform to the

-previsions of the Zoning By-lew, may be extended throughout the building or

structure, but no structural alterations except those required by Statute or by
By-Law or permitted by By-law or those allowed by the Board of Variance shall be

made therein or thereto.

(3A) Where a lawful use of the building or structure is existing at the
time of the adoption of the Zoning By~law, although such use does not conform
to the provisions of the Zoning By-law, the Council, in the Zoning By-law, may
permit structural alterations to be made to the building or structure either for
all such non-conforming uses or for certain non-conforming uses specified in the
By-law and such specified uses may be differert for different zones."

The Committee recommends that the foregoing amendment by forwarded to Victori-
for their comments.

LDP:da