Glossary
Author | Howard Epstein |
Pages | 561-605 |
561
GLOSSARY
AAC: annual allowable cut, or allowable annual cut, in forestry
Abandonment:the act and intention to relinquish certain l and-use rights,
for example, non-conforming use rights
Abutting:touching and sharing a common point, line, or boundary
Accessibility: the quality of affording access to a building
Accessory building: (term often used and defined in LUBs) detached
subordinate building not used for human h abitation and located on the
same lot as the main building or use to which it is subordinate
Accessory use. See also Accessory building: use of land naturally or cus-
tomarily incidental to the principal use; not the same use as the princi-
pal use, since that would just extend it into the accessory building; see
Sechelt (District) v Cutlan, 2008 BCCA 368
Acquired rights: (Quebec term) non-conforming use; see Land Use
Planning and Development Act, CQLR c A-19.1, s 113; see Saint-Romuald
Adaptation: changes made to respond to external circumstances, for ex-
ample, climate change
Adaptive reuse: change in use of an older building, particularly to pre-
serve buildings of heritage significance
Addition: structure physically attached, added, or connected to a bui lding
LAND-USE PLANNING562
Adjoining: abutting
Adult entertainment: goods, entertainment, or services designed to ap-
peal to erotic or sexual appetites; see Ontario Municipal Act, 2001, SO
2001, c 25, s 151(2)
Adverse environmental effect: any significant adverse effect on the
components of the natural environment that may reasonably be antici-
pated; see Canadian Environmental Assessment Act, 2012, SC 2012, c 19,
s 52, ss 4 & 5
Aesthetics: having to do with beauty or taste; aesthetics has been rec-
ognized as a legitimate municipal concern
Affected local government: local government subject to a provincially
mandated regional grow th strategy; see British Columbia Local Govern-
ment Act,RSBC 2015, c 1, Part 13
Aliated municipality: one that is part of an agreement establishing a
joint planning district; see Saskatchewan Planning and Development Act,
2007, SS 2007, c P-13.2, s 94
Agricultural land reserve: land (usually Class I agricultural land) set
aside for agricultural purposes only; see British Columbia Agricultural
Land Commission Act, SBC 2002, c 36
Agricultural use: one of the usual categories of zoning uses; see Surrey
(City) v Holden, 1995 CanLII 1930 (BCSC)
Air pollution: discharge of a pollutant into the ambient ai r; may be from
a discernible point source or non-point source; that is, discharged over
a widespread area from a number of small sources
Air rights: right to use, control, or occupy the space above land; see
Windsor Family Credit Union Ltd v Barat Estate,2010 ONSC 4418
Allowable annual cut: harvest rate or volume of timber permitted to be
taken each year from timber supply areas; see Forest Act, RSBC 1996, c
157, s 173
Alteration permit: permission to make change s to a designated heritage
building; see Vancouver Charter, SBC 1953, c 55; Heritage Conservation
Act, RSBC 1996, c 187
Amalgamation. See also Annexation: blending or fusion of the whole
or part of two or more municipalities to become one. Although special
legislation is sometimes enacted for large amalgamations, the process
of adjustment to borders is not infrequent, and a standard statutory
Glossary 563
framework is usually in place to deal with applications; see MacPump
Developments Ltd v Sarnia (City) (1994), 24 MPLR (2d) 1 (Ont CA)
Amenity: pleasant or useful feature; tangible or intangible benefits of
a property, especially those that increase its attractiveness or value, or
that contribute to its comfort or convenience; see Karagic v Calgary
(City),2012 ABCA 309
Amortization: requiring a non-conforming use to be phased out over
time; a policy choice found in the United States but not yet in Canada
Ancient light: (UK term) right to light; a common law right not to be
deprived of natural daylight illumination through windows; see Colls v
Home & Colonial Stores Ltd, [1904] AC 179 (HL)
Annexation. See also Amalgamation: The process of one municipality
seeking to incorporate a part or the whole of an adjacent one; see Innis-
fil (Township) v Barrie (City) (1977), 80 DLR (3d) 85 (Ont Div Ct)
ANSI: area of natural and scientific interest
Antenna structure: telecommunications tower
APA: American Planners Association
Apartment building: (term often used and defined in LUBs) structure,
usually of three or more self-contained rental dwelling units, but not a
hotel; see Pearson v Adams (1914), 50 SCR 204
Appurtenant: belonging to, annexed to, or appended to; see Edmonton
(City) v LA Ventures Inc, 1999 ABQB 649
Arcade: long arched gallery or building; series of arches with their col-
umns or piers; passageway or avenue, for example, between shops
Architectural control district: a designated area in which a municipal
council controls the architectural det ail of buildings; see Saskatchewan
Planning and Development Act, 2007,SS 2007, c P-13.2, s 73
Area redevelopment plan: municipal plan for preserving or improving
land and buildings, rehabilitating buildings, removing buildings, or con-
structing or replacing buildings; see Alberta Municipal Government Act,
RSA 2000, c M-26, s 634
As-of-right: entitlement of the owner of property to use or develop it,
without recourse to a public hearing process or a vote of municipal
council, if the proposed use accords with the zoning by-laws
ATV . See also ORV: all-terrain vehicle
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