The defendant corporation was charged under the Planning Act with using its property for an unpermitted use, specifically the excessive outdoor storage of motor vehicles in a Service Station Commercial Exception Zone.
While operating a permitted motor vehicle body shop, the defendant stored up to 95 vehicles outside, far exceeding the 20-vehicle limit established by a registered site plan agreement.
The court found the extent of the storage constituted a distinct, non-permitted use rather than a subordinate accessory use.
The defendant's due diligence defence was rejected, as its failure to ascertain the zoning limits constituted a mistake of law, not fact, and it took no reasonable steps to reduce the storage after receiving notice of the violation.
The defendant was found guilty on both counts.
