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Section 2 - Administration
Updated: October 2010
SECTION 2
ADMINISTRATION
2.1
RELATIONSHIP WITH OTHER BY-LAWS
a)
No permit, licence or permission shall be given by the Corporation of
the City of Owen Sound where the said permit, licence or permission is
for a proposed use of land or proposed erection, alteration,
enlargement or use of any building or structure that is in violation of
any provision of this By-law.
b)
Nothing in this By-law shall relieve any person from complying with the
requirements or other municipal by-laws, as amended from time to
time, of the Corporation or the obligation to obtain any other license,
permit, authority or approval lawfully required by a government
authority having jurisdiction to make such restrictions
In the event of conflict between this By-law, as amended from time to time, and
any other by-law, the more restrictive or the by-law imposing the higher standards
shall govern and apply unless the contents clearly requires otherwise.
2.2
VIOLATIONS, PENALTIES AND REMEDIES
In accordance with Section 67 of the Planning Act, R.S.O., 1990, as amended, the
following penalties shall apply:
a)
Every person who contravenes this By-Law and if the person is a
corporation, every director or officer of the corporation who knowingly
concurs in the contravention, is guilty of an offence and on conviction
is liable to a fine in accordance with Section 67 of the Planning Act.
In addition to any other remedy or any penalty provided by law, the court in which
a conviction has been entered, and any court of competent jurisdiction thereafter,
may make an order prohibiting the continuation or repetition of an offence.
Where any matter or thing is required to be done by a person or corporation under
the provisions of this By-Law, Council may direct that in default of it being done by
said person or corporation, such matter or thing may be done by the City at the sole
expense of the person or corporation and the expenses thereof with interest may be
recovered by the City in accordance with the provisions of the Municipal Act given
appropriate notice.
2.3
ILLEGAL USES
No building or structure illegally erected, no use illegally established and no lot
illegally created prior to the date of passing of this By-Law shall become legal solely
by reason of the passing of this By-Law. Where such building, structure, use or lot is
in conflict with one or more provisions of this By-Law, such activity will remain
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Section 2 - Administration
Updated: October 2010
illegal and shall not be deemed to be legal in this By-Law, except where specifically
provided for.
2.4
MINOR VARIANCES AND REQUESTS FOR AMENDMENTS
The Committee of Adjustment for the City of Owen Sound, upon application to the
Committee, may authorize a minor variance in accordance with Section 45(2) of the
Planning Act from the provisions of this By-law, in respect of any land, building or
structure or the use thereof, as in the opinion of the Committee, is desirable for the
appropriate development or use of the land, building or structure, if in the opinion
of the Committee the general intent and purpose of this By-law and the City of
Owen Sound Official Plan are maintained.
2.5 NIAGARA ESCARPMENT DEVELOPMENT CONTROL AREA
Any land, building or structure identified within the Niagara Escarpment
Development Control Area are subject to the Niagara Escarpment Plan and any
permit requirements of the Niagara Escarpment Commission.
2.6
TRANSITION
Where a building permit has been lawfully issued for the construction of a building
prior to the effective date of this By-law and where the yard requirements for said
building are found to be in contravention by no more than 0.03 m, the non-
conforming yard shall be deemed to conform with the requirements of this By-law.