Absolutely correct. The rub is this..they can gro
Post# of 56324
Posted On: 10/28/2014 11:28:44 AM
Re: taketheredpill #40646
Absolutely correct. The rub is this..they can grow as much as they want, I am not debating that point. It is the amount of space dedicated to the value added designation - I posted it, roughly 6000 square feet, five employees'. That is why the company has submitted a zoning amendment application. That is all I am saying.
What lawful nonconforming means is this: If farming has occured, and the bylaw changes that zone to industrial, but CEN already has begun growing, he could very successfully use the lawful nonconforming to enforce his acquired rights of land use. No question. I have never said more than that about this.
But if the zoning amendments take place before he is granted the license, he cannot begin growing in contravention of the existing regulation (new regulation) which came into place before he was granted a HC license.
Here is what lawful nonconforming means under the law.
(a) the pre-existing “use for a purpose” was “lawful”, that is, the land, building or
structure “was lawfully used for such purpose on the day of the passing of the
by-law” (this is the reason for the reference to “legal” in “legal nonconforming
use”); and
(b) the “use for a purpose” has been continuous since the day the interfering bylaw
was passed, that is, the land, building or structure “continues to be used
for that purpose”.
This speaks to what is called "acquired rights" or rights which existed prior to the passing of a bylaw which gave rise to the dispute, meaning CEN could not continue (key word continue) the activity now the law has changed. That activity, growing by CEN, has to be taking place prior to the change being made in land use. That is it. Simple.
I have never said they cannot grow under the existing zoning, they are limited by the value added, and still will be when they get their license. The regulations were in place prior to the activity. It is not nefarious, it just means they have to be successful in their zoning amendment application.
But since we don't know if the town will remove the value added as part of their amendments, and they might, the debate is moot in the absence of knowing what the new regulations are, and if CEN has a license before the amendments are read into law.
What lawful nonconforming means is this: If farming has occured, and the bylaw changes that zone to industrial, but CEN already has begun growing, he could very successfully use the lawful nonconforming to enforce his acquired rights of land use. No question. I have never said more than that about this.
But if the zoning amendments take place before he is granted the license, he cannot begin growing in contravention of the existing regulation (new regulation) which came into place before he was granted a HC license.
Here is what lawful nonconforming means under the law.
(a) the pre-existing “use for a purpose” was “lawful”, that is, the land, building or
structure “was lawfully used for such purpose on the day of the passing of the
by-law” (this is the reason for the reference to “legal” in “legal nonconforming
use”); and
(b) the “use for a purpose” has been continuous since the day the interfering bylaw
was passed, that is, the land, building or structure “continues to be used
for that purpose”.
This speaks to what is called "acquired rights" or rights which existed prior to the passing of a bylaw which gave rise to the dispute, meaning CEN could not continue (key word continue) the activity now the law has changed. That activity, growing by CEN, has to be taking place prior to the change being made in land use. That is it. Simple.
I have never said they cannot grow under the existing zoning, they are limited by the value added, and still will be when they get their license. The regulations were in place prior to the activity. It is not nefarious, it just means they have to be successful in their zoning amendment application.
But since we don't know if the town will remove the value added as part of their amendments, and they might, the debate is moot in the absence of knowing what the new regulations are, and if CEN has a license before the amendments are read into law.
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