The appellant appealed a conviction for operating an automobile sales and rental establishment (specifically a U-Haul leasing and renting operation) at a property zoned for automobile repair use only.
The court upheld the conviction, finding that the property was zoned as Urban Residential 1 (UR-1) with a legal non-conforming use as an automobile repair establishment.
The court determined that no U-Haul business was operating at the time the zoning bylaw was enacted in 2002, and therefore the appellant could not claim acquired rights to operate such a business.
The court also rejected arguments that the U-Haul operation constituted an accessory use or that ambiguities in the bylaw should be resolved in the appellant's favour.
The respondent's cross-appeal regarding the adequacy of the $950 fine was dismissed.
