Site Plan Control
Recent changes to the Planning Act through Bill 23 may impact how the following by-law is applied.
Site Plan Control (By-law No. 2014 - 256) [ PDF 1.102 MB ]
[As amended by By-laws 2015-142, 2016-271, 2016-355, 2017-320, 2019-39, 2019-336, 2021-221, 2022-255 and 2024-499]
A by-law of the City of Ottawa designating the area within the territorial limits of the City of Ottawa as an area of site plan control.
WHEREAS Section 41 of the Planning Act provides that, where in an official plan an area is shown or described as a proposed site plan control area, the council of the local municipality in which the proposed area is situate may, by by-law, designate the whole or any part of such area as a site plan control area;
AND WHEREAS the Official Plan for the City of Ottawa describes the entire territorial limits of the City of Ottawa as a proposed Site Plan Control Area;
AND WHEREAS Section 41 of the Planning Act provides that no person shall undertake any development in an area designated under a by-law passed under that section without first having received approval;
AND WHEREAS Section 41 of the Planning Act provides that the Council of the City of Ottawa may define any class or classes of development that may be undertaken without approval;
THEREFORE the Council of the City of Ottawa, pursuant to Section 41 of the Planning Act, enacts as follows:
Section 1 - Interpretation
The following rules apply to this by-law:
- Unless otherwise defined, the words, terms and phrases used in this by-law have their normal and ordinary meaning.
- The Legislation Act, 2006 applies to this by-law.
- Despite the tense used in a provision,
- every provision of this by-law is to be applied to the circumstances as they exist at the time in question; and (By-law 2015-142)
- every obligation imposed by this by-law is a continuing one so long as either the use, the circumstances, the reason for the obligation,or the events which caused, precipitated or gave rise to the obligation continue.
- This by-law may be cited by its long title, its short title, or by its by- law number, and any such citation is to be taken as meaning the by-law as amended.
Section 2 - Definitions
- In this by-law:
- automotive establishment means one or more of the following land uses as defined by the Zoning Bylaw: automobile body shop, automobile dealership, automobile rental establishment, automobile service station, heavy equipment and vehicle sales, rental and servicing, or parking garage. (By-law 2019-39)
- Development Zone of Influence means the Development Zone of Influence shown in Annex 2 of the Official Plan for the City of Ottawa. (By-law 2019-39)(By-law2022-255)
- Council means the Council of the City of Ottawa.
- dwelling unit means a residential unit that:
- Consists of a self-contained set of rooms located in a building or structure;
- Is used or intended for use as a residential premises;
- Contains kitchen and bathroom facilities that are intended for the use of the unit only; and,
- Is not a mobile home or any vehicle.
- design priority area means an area identified in Policy 2 of Section 4.6.1 under the heading “Promote design excellence in Design Priority Areas” of the Official Plan for the City of Ottawa as identified on Schedule C7A and C7B. (By-law 2024-499)
- development means development as defined by Section 41 of the Planning Act, but does not include a portable classroom on a school site of a district school board.
- General Manager means the General Manager Planning, Development and Building Services Department of the City of Ottawa, or their designate. (2019-39) (By-law 2022-255) (2024-499).
- Gross Floor Area has the same meaning as defined under section 54 of the City of Ottawa Zoning By-law, as amended, save and except in circumstances where development is proposed for a single-detached, semi-detached, townhouse, in which case the measurement of gross floor area shall also exclude those areas below the first floor that are associated with the principal unit. (By-law 2019-336)(By-law 2022-255)
- Site Plan Control Inner Area means area as shown in Schedule C of this By-law. (By-law 2019-39)
- parking area means an area containing one or more parking spaces.
- waste facility means a solid waste disposal facility, waste processing and transfer facility, and waste processing and transfer facility (non-putrescible). (By-law 2015-142)
- Where a word or term used in this by-law is listed in Schedule A, the word or term has the same meaning as defined under Section 54 of the City of Ottawa Zoning By-law No.2008-250 as amended.
Section 3 - Designated Area
- The whole of the area located within the territorial limits of the City of Ottawa is hereby designated as an area of site plan control.
- The approval of plans and drawings in accordance with subsection 41(4) of the Planning Act is required before development is undertaken within the area described in subsection 3(1), unless otherwise exempt from approval as set out in this by-law.
Section 4 and 5 - Classes of Development Exempt
Section 4
Subject to Sections 7 and 8, the following classes of development may be undertaken without site plan control approval where there is no site plan agreement registered on title to the lot: (By-law 2015-142)
- The construction, erection or placing on land of:
- a residential use building that contains a townhouse dwelling approved through a Plan of Subdivision; or
- a residential use building other than identified in Subsection 4(1)(a) that:
- is not on a lot wholly or partially zoned Environmental Protection (EP) or a subzone thereof, unless written permission is obtained from the General Manager;
- is not located within a Mobile Home Park;
- is not part of a planned unit development;
- is not on a lot located within the Development Zone of Influence, unless written permission is obtained from the General Manager; and
- is four storeys or less;
- when on a lot serviced by municipal drinking water and sanitary sewer systems located within the Site Plan Control Area: the lot contains a maximum of 10 dwelling units or oversize dwelling units
- when on a lot serviced by private individual services it contains a maximum of 10 dwelling units or oversize dwelling units
- A building containing both residential and non-residential units that is:
- is four storeys or less
- is serviced by municipal drinking water and sanitary services
- is on a lot zoned AM, GM, LC, MC, MD, TD, TM, -c suffix, or VM,
- is not on a lot located within the Development Zone of Influence, unless written permission is obtained by the General Manager
- the lot has up to 10 dwelling units or a rooming house with up to 10 rooming units
- the buildings on the lot have a combined gross floor area of no more than 1,000 square metres;and (vii) has no more than 10 outdoor parking spaces
- A building containing only non-residential uses that:
- Is not on a lot wholly or partially zoned Environmental Protection (EP) or a subzone thereof, unless written permission is obtained from the General Manager; (By-law 2019-39)
- Is not on a lot located within:
- a Design Priority Area, or
- the Development Zone of Influence, unless written permission is obtained from the General Manager; (By-law 2019-39)
- Does not exceed a gross floor area of:
- 600 square metres when serviced by municipal drinking water and sanitary sewer systems;
- 300 square metres when serviced or partially serviced by private individual services; or
- 300 square metres when un-serviced; (By-law 2019-39)
- Does not establish any of the following: (By-law 2019-39)
- Amusement park; (By-law 2019-39)
- An automotive establishment;
- Crematorium; (By-law 2019-39)
- Drive-through facility;
- Emergency service;
- Funeral home; (By-law 2019-39)
- Gas bar;
- Heavy industrial use;
- Kennel;
- Marine facility; (By-law 2019-39)
- on-farm diversified use or agriculture-related use, unless written permission is obtained from the General Manager, Planning, Real Estate and Economic Development. (By-law 2021-221)(By-law 2022-255)
- Renewable energy generation facility (By-law 2024-499)
- Battery Energy Storage System (By-law 2024-499)
- natural gas utility (By-law 2024-499)
- The associated parking area does not exceed nine spaces. (By-law 2019-39)
- Campground (By-law 2024-499)
- Cemetery (By-law 2024-499)
- Golf Course (By-law 2024-499)
- Snow Disposal Facility (By-law 2024-499)
- Storage Yard (By-law 2024-499)
- Waste Facility (By-law 2024-499)
- The associated parking area does not exceed nine spaces. (By-law 2019- 39)
Section 5
Subject to Sections 7 and 8 the following classes of development may be undertaken without site plan control approval whether or not there is a site plan agreement registered on title to the lot: (By-law 2015-142)
- The construction, erection or placing on land of:
- An outdoor commercial patio;
- A seasonal garden centre in a parking lot;
- A building or structure used as part of a:
- forestry operation
- mineral extraction operation;
- agriculture use; or
- equestrian establishment where the lot is not partially or wholly zoned Enviromental Protection, or a subzone thereof, unless written permission is obtained from the General Manager. (By-law 2019-39)
- A temporary building or structure if it is:
- part of a special event or construction lot;
- part of construction, staging and repair works to support a rapid transit network;
- used as an office for the sale of residential lots or dwelling units and does not exceed gross floor area of 300 square metres; or;
- a mobile home used as temporary accommodation;
- A building or structure forming part of a rapid transit network; and
- An accessory building or structure provided:
- It is accessory to a rapid transit network or a utility installation; or, (By-law 2015-142)
- The lot is not partially or wholly zoned Environmental Protection, or a subzone thereof, unless written permission is obtained from the General Manager; and, (By-law 2019-39)
- After the addition of the accessory building or structure, the total cumulative gross floor area of all accessory buildings and structures on the lot does not exceed 600 square metres; (By-law 2019-39)
- A utility installation; (By-law 2015-142)
- A seasonal dome over an existing outdoor field or court; (By-law 2015-142)
- A park associated with an approved plan or site plan; and, (by-law 2015-142) (Bylaw 2019-39)
- A coach house, where the coach house is connected to a public or communal water and wastewater services, or where the coach house id connected to a communal or public services with the primary home, or where the coach house is located on a lot smaller than 0.4 hectares located within the rural area of Ottawa. (By-law 2016-355 )(By-law 2017-320)
- Or other planning applications are requires for the establishment of the coach house. (By-law 2019-39)
- The making of an addition to:
- A residential use building: (By-law 2015-142) (By-law 2019-39)
- where site plan control approval or the approval of townhouses through a Plan of Subdivision:
- was never obtained:
- provided that the total number of dwelling units or rooming units, total gross floor area, and the number of parking spaces is undertaken in accordance with clause 4(1)(b); or
- was previously obtained:
- the size of the addition does not exceed 30% of the existing gross floor area, to a maximum of 300 square metres;
- the addition is undertaken in accordance with clauses from 4(1)(b)(i) through 4(1)(b)(v) inclusively and 7(1)(a);
- the addition of any outdoor parking spaces is no more than three spaces; and (By-law 2019-39)(By-law 2022-255)
- was never obtained:
- where site plan control approval or the approval of townhouses through a Plan of Subdivision:
- A building or structure described in subsection 5(1) provided after the addition the applicable criteria of subsection 5(1) continue to be met.
- A building other than a building described in clauses 5(2)(a) and 5(2)(b): (By-law 2019-39)
- where the total gross floor area of the existing building:
- is 460 square metres or less, and the size of the addition does not exceed 100% of the existing gross floor area, to a maximum of 140 square metres;
- is more than 460 square metres, and the size of the addition does not exceed 30% of the existing gross floor area, to a maximum of 600 square metres; (By-law 2019-39)
- the addition does not accommodate the establishment on the lot of a new use as listed under Section 4(1)(c)(iv), or expand a drive through facility on the lot; (By-law 2019-39)(By-law 2022-255)
- the building is not on a lot located within the Development Zone of Influence, unless written permission is obtained from the General Manager; and (By-law 2019-39)
- no more than three additional parking spaces are added. (By-law 2019-39)
- where the total gross floor area of the existing building:
- A residential use building: (By-law 2015-142) (By-law 2019-39)
- Alterations to a building where:
- Dwelling units or rooming units are added to a residential building or converted to a group home, and after the alteration the building complies with Subsection 4(1)(b). (By-law 2019-39)
- A coach house is added to the building and the establishment of the coach house is in accordance with 5(1)(j). (By-law 2016-355) (By-law 2019-39)
- A non-residential building is altered to add other non-residential uses where: (By-law 2019-39)
- The uses are entirely contained within the existing building;
- The alteration does not result in the establishment of a new use as listed under Section 4(1)(c)(iv) or expand a drive-through facility. (By-law 2019-39)(By-law 2022-255)
- the building is not on a lot located within the Development Zone of Influence, unless written permission is obtained from the General Manager; and (By-law 2019-39)
- The addition of any associated parking spaces does not add more than nine spaces. (By-law 2019-39)
- the result is a building containing both residential and non-residential uses, provided that:
- the uses are entirely contained within the existing building;
- The alteration does not result in the establishment of a new use as listed under Section 4(1)(c)(iv) or Section 4(1)(c)(v) expand a drive-through facility; (By-law 2022-255) (By-law 2024-499)
- after the alteration, the building contains:
- no more than total gross floor area of 1000 square metres or less, and the rest of the building being non-residential uses; or (By-law 2024-499)
- no more than 1000 square metres total gross floor area of nonresidential uses with the rest of the building being residential uses; (By-law 2022-255) (By-law 2024-499)
- the building is not on a lot located within the Development Zone of Influence, unless written permission is obtained from the General Manager; and
- no new parking spaces have been added. (By-law 2019-39)
- The establishment or enlargement of a surface parking area does not add more than ten spaces. (By-law 2019-39) (By-law 2024-499)
Section 6 - Replace or Rebuild
Despite Sections 4 and 5, any development subject to site plan control that is damaged or destroyed by fire or natural hazard may be replaced or rebuilt without the need for site plan approval if it is within the same building envelope that existed before the damages occurred, the use remains the same and no new dwelling and rooming units are added. (By-law 2015-142)
Section 7 - Requirement for Site Plan Approval
- Development without site plan control approval in accordance with clauses under Subsections 5(2) and 5(3) is only permitted once every 24 months, unless written permission is obtained from the General Manager. (By-law 2019-39)
- Clause 7(1)(a) does not apply with respect to an addition to a school operated by a district school board.
- Notwithstanding sections 4 and 5, site plan control approval will be required for any building or structure used as part of a Renewable Energy Facility or Battery Energy Storage System. (By-law 2024-499)
- Notwithstanding section 4(1), site plan control will be required for development on lands prescribed for the purpose of Section 41(1.2) of the Planning Act as set out in O.Reg 254/23, unless written permission from the General Manager is obtained, including the construction of a residential building on a lot that is: (By-law 2024-499)
- Within 300 metres of a railway line other than a railway line that is: (By-law 2024-499)
- A railway line to which the Canadian Transportation Act (Canada) applies and whose operations have been discontinued under Section 146 of the Act; ii. An abandoned railway line to which the Canadian Transportation Act does not apply; and iii. A railway lone on which the only railway that operates is an urban rail transit system. (By-law 2024-499)
- Within 120 metres of:
- A wetland; (By-law 2024-499)
- The shoreline of the Great Lakes-St Lawrence System, (By-law 2024-499)
- An inland lake; or (By-law 2024-499)
- A river or stream valley that has depressional features associated with a river or stream, whether or not it contains a watercourse (By-law 2024-499)
- 7(4)(a) and 7(4)(b), above, do not apply to any development for which a building permit has been issued on or before August 9, 2023 (By-law 2024-499)
- Within 300 metres of a railway line other than a railway line that is: (By-law 2024-499)
- The General Manager may give written permission to waive the requirement for site plan control under Section 4 of this by-law for an existing residential building for the addition of up to 20% of the existing number of units in the building or five additional units, whichever is the lesser, if: (By-law 2024-499)
- No changes to the building footprint are proposed; (By-law 2024-499)
- No reductions to the bedroom counts of the existing dwelling units are proposed; (By-law 2024-499)
- No reduction to the soft landscaping on the lot is proposed; (By-law 2024-499)
- No additional parking spaces are created; (By-law 2024-499)
- No changes to the grading are required to accommodate additional units; (By-law 2024-499)
- No additional parking spaces are proposed to be added to the lot; (By-law 2024-499)
- No changes to the grading are required to accommodate the additional units; (By-law 2024-499)
- No additional servicing capacity or other City design guidelines requirements for municipal water, sewer, and/or draining systems is required to accommodate the additional units; (By-law 2024-499)
- The building code permit for the original construction of the associated structure was not issued within the last four years; or (By-law 2024-499)
- Engagement with the City through the pre-consultation process is required to determine if the conditions for this exemption have been met. (By-law 2024-499)
- In addition to the authority delegated to the General Manager as set out in this by-law, the General Manager may require site plan control approval for a class of development otherwise exempt under Sections 4, 5 and 6. (By-law 2024-499)
Section 8 - Minor Deviations
Minor deviations to a development which has received site plan control approval may take place without further approval where written permission is provided by the General Manager. (By-law 2022-255)(By-law 2024-499)
Section 9 - Approval of Plans and Drawings
To ensure that the design provisions contained in Section 4.6 of the Official Plan for the City of Ottawa are addressed, building elevations submitted in support of an application for site plan control approval may be required to show exterior architectural details and design features, including the following information: (By-law 2022-255)
- treatment of the public realm;
- views of the entire block, so that proposed buildings may be seen in their context;
- finish, texture, materials, patterns and colours of all building exteriors, including roofs;
- location, size, colour, and type of all building exterior signage and lighting;
- number, placement, type and finishing of all exterior doors and windows;
- finish, texture, materials patterns and colours of functional elements attached to or forming part of the exterior of buildings such as entrance elements, walls, stairs, gates, railings, balconies, planters, awnings, alcoves, canopies, bays, seating, parking decks and ramps;
- any sustainable design features to be incorporated, such as green roofs or walls, sun traps, reflective or permeable surfaces consistent with Section 10 of this by-law. (By-law 2024-499)
- placement, finish, colour, size of any exterior mechanical systems such as heating and air conditioning, electronic transmission / receiving devices, and all above ground utilities (whether stand-alone or attached to the building) including any screening materials associated with the foregoing;
- integration of elements such as mechanical equipment, elevator machine rooms, communication devices and visible temporary devices (window washing equipment), together with any building parapet that constitute the roofscape design. (By-law 2019-39)
Section 10 - Liens
- When Council causes any work to be done pursuant to any approval provided for in this by-law, the City shall have a lien for any amount expended by or on behalf of the City and for an administrative fee of ten percent of any amount expended by or on behalf of the City, and the certificate of the City Clerk as to the total amount expended shall be admissible in evidence as prima facie proof of the total amount expended and such total amount together with the administrative fee shall be deemed to be municipal real property taxes and shall be added to the collector's roll of taxes to be collected and shall be subject to the same penalty and interest charges as real property taxes and shall be collected in the same manner and with the same remedies as real property taxes.
- Before the certificate of the City Clerk is issued under subsection (1), an interim certificate shall be delivered to the owner of the property that is subject to the lien, as well as to all prior mortgagees or other encumbrancers and the affected owner, mortgagees or other encumbrancers shall have two weeks from the date of receipt of the interim certificate to appeal the amount shown thereon to Council.
Section 11 - Letter of Undertaking
- A letter of undertaking may be provided as an alternative to a site plan control agreement where: (By-law 2019-39)
- easements or conveyances are not required to be made to the City after issuance of the building permit,
- special measures for the protection of existing private trees, including a requirement for the submission of a tree compensation deposit, and the submission of a post construction tree evaluation report are not required,
- the owner is not required to enter into other related development agreements with the City after the issuance of the building permit,
- special conditions have not been imposed that require an agreement for purposes of enforcement and notification of subsequent owners of the conditions; and
- the total amount of securities to be provided to the City does not exceed $1,000,000.00 or, on a site-specific basis, a larger amount specified in writing by the General Manager (By-law 2019-30). (By-law 2024-499)
Section 12 to 13 - Schedule
Section 12
Schedules A, B, and C form part of this bylaw. (By-law 2019-39)
Section 13
By-law Number 2002-4 entitled “A by-law of the City of Ottawa designating the area within the limits of the City of Ottawa as an area of site plan control” is hereby repealed.
Section 14 - Short title
This by-law may be cited as the Site Plan Control By-law. ENACTED AND PASSED this 25th day of June, 2014.
CITY CLERK MAYOR
Schedule A
Terms Defined in City of Ottawa Zoning By-law No.2008-250, as amended
- accessory;
- agricultural use
- amusement park (By-law 2019-39)
- automobile dealership;
- automobile rental establishment;
- automobile service station;
- Battery energy storage system (by-law 2024-499)
- building (By-law 2019-39)
- campground (By-law 2019-39)
- cemetery (By-law 2019-39)
- coach house (By-law 2016-355)
- crematorium (By-law 2019-39)
- detached dwelling;
- drive-through facility;
- duplex dwelling (By-law 2019-39)
- emergency service;
- equestrian establishment;
- forestry operation;
- funeral home (By-law 2019-39)
- garden centre
- gas bar;
- golf course;
- gross floor area;
- heavy equipment and vehicle sales, rental and servicing;
- heavy industrial use;
- kennel;
- linked-detached dwelling (By-law 2019-39)
- lot;
- marine facility (By-law 2019-39)
- mineral extraction operation;
- mobile home;
- office;
- outdoor commercial patio;
- park (By-law 2019-39)
- parking lot (By-law 2019-39)
- parking space;
- planned unit development;
- rapid transit network;
- renewable energy generation facility (By-law 2024-499)
- residential use building;
- rooming house; (By-law 2015-142)
- rooming house, converted; (By-law 2015-142)
- rooming unit; (By-law 2015-142)
- secondary dwelling unit;
- semi-detached dwelling;
- snow disposal facility;
- solid waste disposal facility;
- storage yard;
- three-unit dwelling (By-law 2019-39)
- townhouse dwelling;
- utility;
- utility installation;
- waste processing and transfer facility;
- waste processing and transfer facility (non-putrescible)