Humber/Ontario Real Estate Course 2 Exam Practice

How can Patel's small retail store, operating for over 30 years, be best described if new construction is limited to residential only?

1. A non-conforming retailer

2. A legal non-conforming use

3. A holding provision

4. A non-conforming structure

5. A designated landmark

6. A special-purpose property

The correct answer is: A legal non-conforming use

A legal non-conforming use is the best way to describe Patel's small retail store in this scenario. This term refers to a property or business that was legally established but does not comply with the current zoning bylaws due to new construction restrictions in the area. Patel's store, operating for over 30 years, would fall under this category since it was permitted when it was first established but is now considered non-conforming due to changes in the zoning regulations allowing only residential construction. Option A (A non-conforming retailer) is not the most suitable term in this context as it is the use of the property that is non-conforming, not the retailer themselves. Option C (A holding provision) typically refers to a temporary zoning bylaw to allow for further study or review before a final decision is made, which is not applicable in this scenario. Option D (A non-conforming structure) refers to a building that does not comply with current building codes rather than zoning bylaws, so it is not the most fitting term for Patel's retail store. Option E (A designated landmark) is not relevant to zoning regulations but rather refers to a property of significant historical, architectural, or cultural value. Option F (A special-purpose property) typically refers to properties built for a specific use but does not specifically address zoning non-conformity.