This restaurant formerly operated by Ron Ethier has been shut down by the Town of Oliver because it contravened zoning regulations.  Lyonel Doherty photo

This restaurant formerly operated by Ron Ethier has been shut down by the Town of Oliver because it contravened zoning regulations.
Lyonel Doherty photo

The Town of Oliver has effectively shut down a local business that has run afoul of zoning regulations.

Municipal Manager Tom Szalay said the roadside eatery across the highway from Tim Hortons is not a permitted use in the agricultural zone.

Szalay said the food operation run by proprietor Ron Ethier was previously licenced as a mobile vendor, not a restaurant. He noted the Town spoke jointly with Ethier and the Agricultural Land Commission over a year ago when the business first started.

They were told that a fruit stand was permitted in the Agricultural Land Reserve, but that no more than 50 per cent of the floor area could be used to sell items not grown on the farm.

“Since that conversation, it has become increasingly apparent that neither the ALC regulations nor the Town’s zoning bylaw were being complied with,” Szalay said.

Most recently, it was discovered that the building had been modified (without a permit) to accommodate a restaurant operation.

Szalay said since a restaurant is contrary to the zoning rules, the Town cannot issue a building permit or licence for such an operation, unless the property is rezoned.

Ethier confirmed that the Town shut his operation down.

“It’s infringing on my freedom. Who am I hurting there?”

Ethier acknowledged that the Town issued him a licence for his mobile operation, which eventually worked its way into the building on site.

The businessman noted that he has to follow two sets of rules on the property – the Town’s and the land commision’s.

Ethier said he’s not going to fight with the Town, but merely “go with the flow.” He plans to move his operation (takeout pizza) into the former Action Plumbing building downtown.

He noted the move is costing him a lot of time and money, but he’s being positive about starting a new business venture downtown.