Markham CHAPTER 121: RENTAL PROPERTIES § 121.40
ZONING ORDINANCE
Operative Text
No rental residential unit shall be created or occupied unless it complies with the provisions of the city's Zoning Code and other applicable provision of the city code. (A) New rental units. No new rental units shall be established or added, nor shall the occupancy limit of any rental residential unit be increased, except in conformity with the city's Zoning Ordinance and all applicable city codes. (B) Existing abandoned rental units. Rental units that have been abandoned, as defined herein, have lost rental status for any reason, are otherwise unlicensed, unregistered or have not been inspected in accordance with this chapter, shall lose or forfeit any previously existing legal non-conformity and must meet current standards and requirements prior to occupancy. (Ord. 17-O-2162, passed 1-18-2017; Ord. 24-O-2388, passed 5-15-2024)
Markham § 121.40 establishes that every rental residential unit—whether newly created or already in existence—must comply with the city's Zoning Code and all other applicable city codes before it can be created or occupied. Under subsection (A), no new rental units may be added and no occupancy limits may be increased without conforming to the Zoning Ordinance. Under subsection (B), rental units that have been abandoned, lost rental status, or gone unlicensed, unregistered, or uninspected forfeit any previously held legal non-conforming status and must satisfy current standards before anyone may occupy them again.
Plain English — not legal advice.
Operators subject to Markham § 121.40 generally ensure that every rental unit—new or existing—is licensed, registered, and inspected in accordance with Chapter 121 before it is offered for occupancy. When adding units or seeking to increase occupancy limits, compliant operators confirm that the proposed changes align with the city's Zoning Ordinance and all applicable city codes before proceeding. Owners of units that have been vacant, abandoned, or allowed to lapse in registration should be aware that § 121.40(B) eliminates previously held legal non-conforming status for such units, meaning current zoning and code standards apply in full before re-occupancy.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Markham § 121.40 provides that any rental unit a tenant occupies must lawfully comply with the city's Zoning Code and be properly licensed, registered, and inspected under Chapter 121. Tenants who have reason to believe their unit is unlicensed, unregistered, or was re-occupied after abandonment without meeting current standards may have grounds to raise a code-compliance concern with the City of Markham. Tenant-rights organizations and local housing authorities can help individuals understand what options may be available when a unit appears to fall outside the requirements of § 121.40.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 11, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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