8.0 Appendix: How Design Guidelines fit with the current Development Approval process

Many of the urban design guidelines can be implemented through the mechanisms available in the Planning Act. These mechanisms are applied, in part, through the City’s Zoning By-law, through the review of Site Plan Control applications and through the variance and consent processes of the Committee of Adjustment.

In the area covered by the ‘Downtown Ottawa Urban Design Strategy’, these guidelines will be implemented through the Downtown Urban Design Review Pilot Project which requires design review by a professional peer review group as part of the approvals process for all new developments within the design review pilot project area of the downtown.

The comprehensive Zoning By-law outlines what a parcel of land may be used for and regulates lot size, parking requirements and building height. Design guidelines will support the requirements under Zoning.

Site Plan Control is the City’s process that is used to control or regulate the various features on the site of an actual development including building location, landscaping, drainage, parking, and access by pedestrians and vehicles.

Site Plan Control approval is exempted for detached, semi-detached and duplex and triplex buildings under the Site Plan Control By-law. For more information on Site Plan Control please refer to: http://ottawa.ca/residents/planning/dev_review_process/dev_application/17_3_5_en.html

The Committee of Adjustment is a quasi-judicial tribunal appointed by City Council and is independent and autonomous from the City Administration. It derives its jurisdiction from the Planning Act of Ontario. The Committee's mandate is to:

• Hear Applications for "Minor Variances" - where a requirement of a Zoning By-law cannot be met (under Section 45 of the Planning Act)
• Hear Applications for Consent to "Sever" a property or for any agreement, mortgage or lease that extends for more than 21 years (under Section 53 of the Planning Act)
• Consider Applications for Permission, which deal with the enlargement or extension of a building or structure that is legally non-conforming, or for a change in non-conforming use

The Design Guidelines in this document are a tool to guide development. Applicants will have regard for the guidelines as they prepare their submissions. The Committee of Adjustment will also have regard to the guidelines as they evaluate development applications.

For more information on the Committee of Adjustment, please consult the City’s web site.

For a ‘Consent (to sever) Application’ where an infill lot is being created, even if the lot conforms to the requirements of the Zoning By-law, the Planning and Infrastructure Approvals Branch may request specific conditions for the design of the building to be constructed on the lot. For example, the Committee can approve a severance with conditions imposed on that approval, such as the requirement for rights-of-way that will help achieve the design principles for the street as outlined in the guidelines.

The Building Permit stage is sometimes the only time an infill project will be reviewed by the City For example, an infill project is only reviewed at Building Permit stage if it is exempt from Site Plan Control By-law 2002-4 as amended, if all other Zoning By-law provisions have been met, if it is not a Designated Heritage Building (or within a Heritage Conservation District under the Ontario Heritage Act) and if there is no requirement for a severance. The Building Code review process is technical only; therefore, Building Code Services has no authority to do a design review under the Building Code Act. If the building is a permitted use and complies with the Zoning By-law in terms of performance standards, there is no ability for the Chief Building Official to require that plans be modified to respond to design matters. Therefore, the design guidelines may not be applied when an infill project is only reviewed at the Building Permit stage. However, all proponents of infill projects are highly encouraged to consult these guidelines.

Cash in Lieu of Parking and Cash in Lieu of Parkland requires providing cash in lieu of providing parking spaces, and cash in lieu of providing lands for recreational uses, whichever may apply.