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02Dec
2011

New Challenges in Land Use Regulation

This paper discusses common challenges in land use regulation. One common challenge is federal airport zoning regulations for land in the vicinity of airports. This is a matter in relation to which two levels of government have jurisdiction and has resulted in problematic situations where buildings have been constructed in contravention of federal airport zoning regulations. Another common challenge is the wording of zoning bylaws regarding permitted uses versus permitted buildings. This may result in a zoning bylaw being interpreted in an interesting manner. A further challenge is the use of residential dwellings and questions surrounding what types of "non-family household units" are permitted under the zoning bylaw. This paper seeks to explore these challenges and provide some comments for consideration in drafting zoning bylaws.

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