VARYING OF REQUIREMENTS
21. (1) Notwithstanding anything in these Regulations, the director-general may vary the requirements of these Regulations to the extent provided in subsection (2), where in his opinion
(a) the amenity and convenience of the community as a whole will not be adversely affected thereby;
(b) the amenity, convenience, character and value of adjoining properties will not be adversely affected thereby;
(c) the conditions necessitating a variance in the requirements of these Regulations are unique to the site in question; and
(d) the conditions necessitating a variance in the requirements of these Regulations have not been created by the lessee of the lot, his agents or predecessors in title.
(2) For the purpose of subsection (1), the director-general may authorize
(a) an existing building or use that complies with provisions of the district in which it is located to extend into another district if
(i) the land into which the use or building is to extend is located adjacent to the existing building or use and is not separated therefrom by a lane or public thoroughfare,
(ii) the land into which the use or building is to extend was leased by the owner of the existing building or use on March 28, 1968,
(iii) the extension of the building or use encroaches no further than 60 feet into the adjacent district, and
(iv) the minimum yard and height requirements of the adjacent district are complied with;
(b) the addition or enlargement of a non-conforming building or structure if such addition or enlargement complies with all height and area requirements of the district in which it is to be located;
(c) in connection with an authorized use in any Storage and Services District such commercial or industrial uses as are purely incidental to such authorized use;
(d) permit the variance of the yard requirements set out in sections 7, 9, 11, 16, 18 and 20; and
(e) permit side yards of not less than three feet if the eaves of any building constructed thereon do not come nearer to the side lot line than three feet and the building has an average width less than that required by these Regulations for the district in which such lot is located.
- SOR/92-61, s. 8.
22. (1) Subject to these Regulations, no person shall erect, reconstruct, structurally alter, enlarge or use any structure for any use other than a use permitted by these Regulations in the district in which that structure is located.
(2) No person shall erect a structure without first obtaining from the director-general instructions as to the grade for that structure.
- SOR/92-61, s. 8.
NON-CONFORMING STRUCTURES AND USES
23. No person shall occupy a non-conforming structure, or portion thereof that has remained unoccupied for a continuous period of one year except for a use that conforms with these Regulations.
24. No person shall enlarge a non-conforming structure so as to increase the gross floor area of the structure existing on March 28, 1968 by more than 20 per cent.
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