Infill Questions & Answers

Summary

This document is intended to provide answers to common questions from Old Ottawa South residents regarding infill development. The document provides an overview of processes used by the City of Ottawa to evaluate and approve residential infill housing development. An infill development may be required to go through one or more of the processes described in the following sections of this document, depending on the size and complexity of the development.

This document is intended for general information only. The original by-laws, regulations and other relevant documents identified in the References section should be consulted for detailed information.

Objective
Site Plan Control
Minor Variance
Severing a Property
Building Permit
Demolishing a Dwelling
Construction Issues
References and Links

Objective

Site Plan Control

Site Plan Control is the process that is used to control or regulate the various features of a development including building location, landscaping, location of storage, drainage, parking, lighting, and access by pedestrians and vehicles.

Generally, Site Plan Control approval is required for: commercial and industrial developments; residential projects such as townhouses and apartments; for certain changes in land use; and for certain types of development in a Heritage Conservation District.

With regard to infill housing development, Site Plan Control is only applicable for townhouse/rowhouse developments that are three units or larger. Detached, semi-detached, and duplex/triplex infill developments are exempt from Site Plan Control.

Application Process

Applicants are required to pre-consult with City Planning and Infrastructure approvals staff, prior to submitting a Site Plan Control application. In all cases, Applicants are encouraged to meet with their Councillor, and with their Community Association and neighbours prior to filing an application for Site Plan Control approval.

A complete Site Plan Control application will include: an application; the required fee (including the initial Conservation Authority Fee and the initial Engineering Design Review and Inspection fees); and the required number of copies of the following plans: Site Plan, Landscape Plan, Site Servicing Plan, Grade Control and Drainage Plan, Plan of Survey, and floor plans and building elevations if available, as well as any technical studies (i.e.: traffic impact, Environmental Impact Statement).

Once a complete application for Site Plan Control approval has been submitted, the assigned Planner will circulate it to City Departments, technical agencies and community organizations for comment.

Following the completion of the circulation period, and once all comments have been reviewed, the assigned Planner will prepare a "Delegated Authority Report" recommending approval with conditions, or refusal, of the application.

If the Site Plan is approved, a legal agreement or a Letter of Undertaking is prepared by the City listing the conditions for that specific development. While most approvals will require the submission of securities, a Letter of Undertaking is often acceptable for small-scale developments, and a Site Plan Agreement will usually be required for larger, more complex developments.

The City and the Applicant must sign the Site Plan Agreement. The Applicant has up to six months to sign the agreement and provide all securities prior to the issuance of a building permit. The Site Plan Agreement is a legal document. The agreement must be registered on title, and is binding on subsequent owners of the property.

Decision Process

Policy documents used to evaluate applications for Site Plan Control include, among others, the Official Plan, the Zoning By-law and the Design Guidelines for Infill Housing.

Public Consultation

Public consultation for Site Plan Control applications is only required for major infill developments, which includes:

New free-standing construction of 250 square meters of gross floor area or greater
Adjoining addition to an existing building 50 percent or greater in size than the existing building

If public consultation is required, it involves:

Notification – An informational sign is installed on the property. The sign indicates the nature of the proposed development and the assigned planner to be contacted for further information.
Circulation – A package including details of proposal and comment sheet is circulated to neighbouring property owners and registered community associations
Public Meetings - A community information session is usually initiated by City Staff prior to preparing their report and recommendations. The purpose of the information session is to present the development application to the public within the community and hear comments and concerns. In addition, the Councillor may request that the application be elevated for a decision to a City Council committee called Planning and Environment Committee. Any individual or group can make a presentation to the Committee.

Information regarding Site Plan Control Applications that are subject to public consultation is available on the City’s website (see Search for Development Applications). The information that is available online includes: a brief summary of the application; the information and studies that were required to deem the application complete; as well as the email address of the Assigned Planner who can be contacted with questions or comments.

Approval Authority

City staff is the Delegated Approval Authority for the majority of site plans. The Delegated Approval Authority can be revoked if the Councillor does not agree with the proposed conditions of approval, or if the item is deemed to be controversial:

If Delegated Authority is lifted from Staff, the application is elevated for a decision to a City Council standing committee called Planning and Environment Committee . The Committee reviews the application and makes a recommendation to City Council for approval / refusal.

Appeal Process

Site Plan Control decisions can be appealed to the Ontario Municipal Board, which is a quasi-judicial administrative tribunal appointed by the province.

Only the Applicant can appeal the conditions of Site Plan Control approval to the Ontario Municipal Board. Individuals or community organizations can not appeal conditions of Site Plan Control approval.

Minor Variance

A minor variance allows property owners to build on their land in a way that does not comply exactly with the requirements of the zoning by-law. Examples of minor variances include relief from building setbacks and height restrictions.

The administration of minor variance applications is handled by the Committee of Adjustment, which is a quasi-judicial tribunal appointed by City Council and is independent from the City Administration staff. Whether a variance is considered “minor” is determined on a case-by-case basis by the Committee.

Application Process

The process for a minor variance is as follows:

Pre-consultation with City planning staff, neighbours, Ward Councillor and community organizations encouraged
Application submission – original survey and plans of the proposal detailing the variances requested
Applicant posts sign on the property indicating the purpose of the application and the date, time, and place of the Committee of Adjustment hearing.
Summary of variances requested, and notice of the time, date and location of the hearing circulated to property owners within 60 meters of the subject property, as well as to technical agencies, community organizations and the Ward Councillor
Comments submitted to the Committee of Adjustment staff – Planning staff and other internal and external agencies, and interested members of the public submit comments concerning the proposal to the Committee’s staff
Public hearing held – opportunity for the applicant, staff, and any interested members of the public the opportunity to address the Committee
Notice of Decision – Committee’s staff mails a copy of the decision to the Applicant and all other individuals or agencies that request receipt.

Decision Process

The decision of the Committee is based on the “4 tests” of the Planning Act:

Does the variance maintain the general intent and purpose of the Official Plan?
Does the variance maintain the general intent and purpose of the Zoning By-law?
Is the variance desirable for the appropriate development of the land, building, or structure
Is the variance minor?

Public Consultation

A sign must be posted on the property, and property owners within 60 meters of the subject lands are circulated a summary of the application by mail.

The Committee of Adjustment must hold a public hearing. At the hearing, the Applicant is required to explain the proposal, and all other interested parties are permitted to present their support for, or concerns regarding, the proposed minor variance.

Approval Process

The Committee of Adjustment is the approval authority for applications for Minor Variances.

Appeal Process

Committee of Adjustment decisions can be appealed to the Ontario Municipal Board, which is a quasi-judicial administrative tribunal appointed by the province. The appeal period is 20 days after the date of the hearing.

The Applicant, the City, or any party that made comments before Committee may file an appeal with the Ontario Municipal Board.

Severing a Property

Severing refers to dividing (severing) an existing property into two or more separate properties. Consent to Sever approval is required to sever a property. The administration of severance applications is handled completely by the Committee of Adjustment.

Application Process

The process for a consent to sever application is as follows:

Pre-consultation with staff, neighbours, Ward Councillor and community organizations encouraged
Application submission – including survey, draft reference plan (sketch permitted in the rural area), and plans/elevations of the proposal (plans are optional if the provisions of the Zoning By-law can be met, but required if minor variances are requested)
Applicant posts sign on the property indicating the purpose of the application and the date, time, and place of the hearing, as required by regulations under the Planning Act
Summary of the consent requested, and notice of the time, date and location of the hearing circulated to property owners within 60 metres of the subject property, as well as to technical agencies, community organizations and the Ward Councillor
Comments submitted to the Committee of Adjustment staff – Planning staff and other internal external agencies, as well as interested members of the public submit comments concerning the proposal to the Committee’s staff to be provided to Committee Members
Public hearing held – opportunity for the applicant, staff, and any interested members of the public the opportunity to address the Committee
Notice of Decision – Committee’s staff mails a copy of the decision to the Applicant and all other individuals or agencies that request receipt
Appeal Period - the Applicant, City, or any party that made comments before Committee may, for a fee, file an appeal with the Ontario Municipal Board. The appeal period for a consent is 20 days from the date of the decision. This is established by the Planning Act.

Decision Process

In reviewing a consent to sever application, the Committee considers the following issues:

the effect of development of the proposed subdivision on matters of provincial interest ;
whether the proposed subdivision is premature or in the public interest;
whether the plan conforms to the official plan and adjacent plans of subdivision, if any;
the suitability of the land for the purposes for which it is to be subdivided; and
the dimensions and shapes of the proposed lots.

Public Consultation

A sign must be posted on the property, and property owners within 60 meters of the subject lands are circulated a summary of the application by mail.

Approval Process

The Committee of Adjustment is the approval authority for applications for Consent to Sever applications.

Appeal Process

The Applicant, the City, or any party that made comments before Committee may file an appeal with the Ontario Municipal Board.

Building Permit

The Ontario Building Code Act requires that a Building Permit be obtained prior to commencing construction or demolition. Under the Ontario Building Code Act, a building permit is required for the construction of a new building, an addition, or alteration of any building or structure which results in a building area of over 10 meters square.

The Building Permit stage is often the only time an infill project will be reviewed by the City. For example, an infill project is reviewed only at Building Permit stage if the development meets the exemptions from Site Plan Control By-law, if all other Zoning By-law provisions have been met, if it is not a Designated Heritage Building, and if there is no requirement for a severance.

Application Process

Applications for a building permit must include:

Completed application form
Plans, drawings and specifications
Fee payment
The application form must be accompanied by plans and specifications that clearly describe the proposed construction. Drawing requirements vary depending upon the type and complexity of the project.

The Building Permit application is reviewed to confirm that the proposed construction or demolition will comply with the Ontario Building Code and applicable laws. The review process includes:

Zoning Plan Examination: staff will check for compliance with the regulations and provisions of the Zoning By-Law such as proposed use, minimum setback requirements, lot coverage and building height, etc.
Building Code Examination: staff will review the proposed construction to ensure compliance with the Ontario Building Code, and applicable laws.
Grading Approval: staff from the Infrastructure Approvals Division will review the grading plan for compliance with city specifications.

Upon approval by all examination staff, the final processing of the file is completed. The permit is issued upon the payment of all outstanding fees and charges.

Decision Process

For infill applications where only a Building Permit is required, the applicable policy document is the Zoning By-law. Urban Design Guidelines are not applicable law and cannot be included in the technical review done by the Building Code Services Branch under the Building Code Act. Thus the Zoning By-law is the sole tool to regulate built form for those applications that do not require Site Plan Control and/or minor variances.

Public Consultation

The Building Permit must be posted for the duration of construction, in a visible location on-site in order to permit the public to view the permit.

Any member of the public can request access to view a Building Permit file or to request copies of a Building Permit, Application, Inspection Reports, Orders and/or Occupancy Permits. Access to the building permit file requires completion of a Request Form and payment of fees.

Approval Process

The City’s Building Staff approves Building Permit applications and issues a permit. Inspections are undertaken at key stages of construction in order to verify whether the actual construction has proceeded as planned, and in accordance with the permit plans and the Ontario Building Code.

Appeal Process

Decisions of the City’s Building Code enforcement officials can be appealed to the Ontario Building Code Commission, which is an expert adjudicative body for Building Code disputes.

Demolishing a Dwelling

A Building Permit is generally required before commencing any type of demolition. Special procedures apply for the demolition permit for a dwelling. A Building Permit will only be issued for the demolition of a dwelling if one of the following criteria is met:

the applicant has obtained a Building Permit to construct a replacement dwelling, or
the applicant has received approval to demolish through the Demolition Control process

Demolition Control is only required if there is no proposed replacement dwelling, or when a dwelling is proposed to be lost through conversion to a non-residential use.

Application

In situations where the applicant has obtained a permit to construct a replacement dwelling, then the applicant follows the standard Building Permit process to obtain a demolition permit for the existing dwelling. The applicant must agree to complete the replacement dwelling within 2 years of the demolition. The Building Services Department is responsible for processing the demolition permit application.

In situations where no replacement dwelling is proposed, the applicant is required to submit a Demolition Control application. The Demolition Control application will be processed by Planning Staff, who circulates it to City Departments, the Ward Councillor, Community Organizations and required public bodies for comments. Once all comments have been received, the planner assigned to the application will prepare a report to Planning and Environment Committee.

Decision

In situations where the applicant will be constructing a replacement dwelling, the Building Services department is required to issue a demolition permit subject to the normal requirements of a Building Permit application.

In situations were there is no replacement dwelling proposed, the Planning and Environment Committee will make a recommendation to approve or refuse the demolition application. The recommendation of Committee then proceeds to City Council for approval.

Public Consultation

In situations where the applicant will be constructing a replacement dwelling, there is no requirement for public consultation. The demolition Building Permit must be posted on the property, as per standard Building Permit processes.

In situations where there is no replacement dwelling proposed and Demolition Control is applied, a sign must be installed on the property, providing a brief description of the application, and the assigned planner to be contacted for further information. The Demolition Control application is heard by the Planning and Environment Committee, and the public may attend the Committee meeting to present their views.

Approval

The Building Services Department is the approval authority for Building Permits.

City Council is the approval authority for Demolition Control application.

Appeal

Demolition Control decisions can be appealed to the Ontario Municipal Board.

Construction Issues

Building without a permit

If any resident suspects that construction is proceeding without a Building Permit, they can contact the City’s Call Centre by calling 3-1-1 (613-580-2400), and ask to make a 'Request for Service.' This will officially record the concerns and provide a reference number to track the request.

Safety Concerns

Safety concerns for construction or demolition is under the jurisdiction of the Building Code By-Law. If any resident suspects that construction is proceeding in an unsafe manner, they can contact the City’s Call Centre by calling 3-1-1 (613-580-2400), and ask to make a 'Request for Service.' This will officially record the concerns and provide a reference number to track the request.

Tree Removal

The Urban Tree Conservation By-law specifies that a Tree Removal Permit is required to remove distinctive trees, which are defined as trees 50 cms or greater in diameter. The by-law applies to all species of trees on all privately owned properties within the urban area of the city. If a Tree Removal permit is granted, it must be posted in a prominent location that is visible to the public for seven days in advance of the tree cutting and seven days following its removal.

If ay resident suspects that a distinctive tree is being removed without a permit, they can contact the City’s Call Centre by calling 3-1-1, (613-580-2400), and the contact centre agent will direct the call to the appropriate staff member.