What should occur if a non-conforming use is discontinued for ten consecutive months?

When a non-conforming use is discontinued for ten consecutive months, it generally means that the property is no longer operating in a manner that contravenes current zoning regulations. In such cases, the current regulations will apply to the property once the non-conforming use has been abandoned.

The significance of this situation arises from the principle that non-conforming uses are allowed to continue under grandfathering provisions, but this protection can be lost if the use is not maintained for a specified period of time. In many jurisdictions, including New Brunswick, a typical threshold for discontinuance is often set at six months; however, in this case, after ten months, the non-conforming use ceases to have legal standing. Therefore, any future use of that property must adhere to the latest zoning laws and requirements, ensuring the use conforms to the updated regulations.

This requirement for conformity after the discontinuation period reinforces the goal of zoning laws to promote orderly development and land use, aligning property use with current community standards and regulations.