This is the exact embedded text of the captured official document.
Snapshot 76607b426256 · verified 2026-08-23 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
By-law No. 2019-185
Site Plan Control By-law
Table of Contents
Part I. Short Title, Purpose, Scope and Designation ........................................ 1
Short Title ......................................................................................................... 1
Purpose ............................................................................................................. 1
Scope and Designation ........................................................................................ 1
Part II. Interpretation .................................................................................... 1
Headings ........................................................................................................... 1
Gender and Number ............................................................................................ 2
References to Applicable Law ................................................................................ 2
Schedules .......................................................................................................... 2
Definitions ......................................................................................................... 2
Part III. General Provisions ............................................................................ 3
Requirement for approval ..................................................................................... 3
Requirements of drawings .................................................................................... 3
Exempt classes ................................................................................................... 4
Exception - subdivisions and condominium developments ......................................... 4
Delegation of authority ........................................................................................ 4
Part IV. Offence and Penalty ........................................................................... 5
Part V. Conflict and Transition ........................................................................ 5
Conflict .............................................................................................................. 5
Terms Severable ................................................................................................. 5
Enactment ......................................................................................................... 5
Consolidated Version
Last revised on June 28, 2022
Revision History:
Passed On:
Description of
Amendment
2019-185 (Original)
November 18, 2019
2022-075
June 27, 2022
Remove staff delegation;
add approval authority
Consolidated for Convenience Only
This is a consolidation copy of a City of Owen Sound By-law for convenience and information.
While every effort is made to ensure the accuracy of this by-law, it is not an official version or a
legal document. The original by-law should be consulted for all interpretations and applications on
this subject. For more information or to view by-laws please contact the Clerks Department.
The Corporation of the City of Owen Sound
By-law No. 2019-185
A By-law to establish a site plan control area within the
limits of The Corporation of the City of Owen Sound
WHEREAS section 41 of the Planning Act, R.S.O. 1990, c. P.13 (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 Corporation of the City of Owen Sound (the "City") has in effect an
Official Plan which deems the whole of the City as a 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
WHERAS section 41 of the Planning Act provides that City Council may define any
class or classes of development that may be undertaken without approval; and
WHEREAS section 41 of the Planning Act provides that City Council may delegate to
an appointed officer of the municipality any of Council's power or authority under
that section; and
WHERAS City Council deems it advisable to repeal Site Plan Control By-law No.
2011-034 and enact a new Site Plan Control By-law pursuant to section 41 of the
Planning Act to designate all lands within the geographic limits of the City as a site
plan control area; and
WHEREAS on October 28, 2019, City Council passed Resolution No. R-191028-015
directing staff to bring forward a revised Site Plan Control By-law, in consideration
of staff report CS-19-137;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF OWEN
SOUND HEREBY ENACTS AS FOLLOWS:
Part I. Short Title, Purpose, Scope and Designation
Short Title
1.
This by-law shall be known as the "Site Plan Control By-law".
Purpose
2.
This by-law has been enacted to designate all lands within the geographic
limits of the City as the "Site Plan Control Area" and to subject the Site Plan
Control Area to the provisions of this by-law and section 41(4) of the
Planning Act.
Scope and Designation
3.
This by-law applies to all lands within the geographic limits of the City, which
together are designated as the Site Plan Control Area, and all classes of
development save and except those classes exempted under section 12 of
this by-law.
Part II. Interpretation
Headings
4.
The division of this by-law into parts and insertion of headings are for
convenient reference only and shall not affect interpretation of the by-law.
Page 2
By-law No. 2019-185
Gender and Number
5.
In this by-law, unless the contrary intention is indicated, words used in the
singular shall include the plural and words used in the male gender shall
include the female gender or vice versa, where applicable.
References to Applicable Law
6.
All references to applicable law are ambulatory and apply as amended,
extended or re-enacted from time to time.
Schedules
7.
Schedules A-1, A-2 and A-3 form part of this by-law.
Definitions
8.
For the purposes of this by-law:
"Accessory" means a use, building or structure subordinate and incidental to
and functionally associated with the main use, building or structure located
on the same lot therewith, and when applied to buildings or structures, also
means a building or structure separate from the main building on the same
lot otherwise provided for in this by-law.
"Approval Authority" means the Director of Community Services or their
designate;
"Development" means development as defined under section 41 of the
Planning Act, including the exclusion of portable classrooms on school sites
as required by section 41(1.1) of the Planning Act. A change of use may be
deemed to increase the usability of a building or structure when one or more
of the following factors are present:
i.
interior alterations designed to accommodate a more intensive
use;
ii.
the need for increased parking or loading facilities;
iii.
the need to reconfigure access, loading, or parking areas; and
iv.
the establishment of an Industrial use, including Cannabis
Production Facility and Food/Beverage Production Facility (only
as a primary use) as those terms are defined in the City's
Zoning By-law.
"Dwelling Unit" means a room or group of rooms designed, occupied or
intended to be occupied as a single housekeeping unit, for one or more
persons, providing kitchen and sanitary facilities and sleeping
accommodations for the exclusive use of the occupants.
"Dwelling Converted" means:
i.
a detached or attached dwelling originally designed to contain
one dwelling unit, the interior of which has been altered to
provide one or more additional dwelling units; or
ii.
a building originally designed to contain a non-residential use,
the interior of which has been altered to provide one or more
dwelling units;
provided however that no dwelling or building shall be converted
unless the gross floor area within the said dwelling or building which is
to be used to calculate density has been used for a minimum period of
ten (10) years in the manner for which the said dwelling or building
was originally constructed.
"Dwelling, Duplex" means a residential building containing two dwelling units,
but shall not include a semi-detached dwelling.
Page 3
By-law No. 2019-185
"Dwelling, Semi-detached" means one of two attached dwelling units, divided
in whole or in part by a common vertical wall, each of which has an
independent entrance directly from the outside or through a vestibule. Each
dwelling unit shall be designed having access to and frontage on a street.
"Dwelling, Single Detached" means a residential building that is detached and
permanent, consisting of one dwelling unit.
"Dwelling, Townhouse" means a residential building divided vertically into
three or more attached dwelling units by common walls which prevent
internal access.
Part III. General Provisions
Requirement for approval
9.
No person shall undertake any development in the designated Site Plan
Control Area unless the Approval Authority has first approved in writing one
or both of the following, at their discretion:
a.
Plans showing:
i.
the location of all buildings and structures to be erected;
ii.
the location of all facilities and works to be provided in
conjunction therewith; and
iii.
the facilities and works required by City Council from those
listed in Section 41(7)(a) of the Planning Act.
b.
Drawings showing plan, elevation and cross-section views for each
building to be erected, except buildings which constitute classes of
development exempted by Section 12 of this by-law, and which
drawings are sufficient to display the details set out in Section 11 of
this by-law.
10.
As a condition of approval of the plans and drawings referred to in sections
9(a) and 9(b) above, the Approval Authority may, in accordance with the
provisions of section 41(7) of the Planning Act, require the owner of the land
proposed for development to enter into one or more agreements with the
municipality to:
a.
provide any or all of the facilities or works listed in section 41(7)(a) of
the Planning Act;
b.
maintain to the satisfaction of the City of Owen Sound and at the sole
risk and expense of the owner all of the said facilities or works
including the removal of snow from access ramps, driveways, parking
and loading areas, and walkways on the said lands;
c.
ensure that the development proceeds in accordance with the plans
and drawings approved by the Approval Authority; and
d.
provide any other facilities, works or matters set out in Section 41 of
the Planning Act.
Requirements of drawings
11.
Unless expressly exempt in writing by the Approval Authority, the drawings
required to be provided by the owner pursuant to section 9 above, in
accordance with section 41(4) of the Planning Act, shall display the following:
a.
the massing and conceptual design of the proposed building;
b.
the relationship of the proposed building to adjacent buildings, streets,
and exterior areas to which members of the public have access;
Page 4
By-law No. 2019-185
c.
the provision of interior walkways, stairs, elevators and escalators to
which members of the public have access from streets, open spaces
and interior walkways in adjacent building, but which exclude the
layout of interior areas other than the interior walkways, stairs,
elevators and escalators;
d.
matters relating to exterior design, including but not limited to the
character, scale, appearance and design features of buildings, and
their sustainable design, but only to the extent that it is a matter of
exterior design in accordance with the urban design policies of the
City's Official Plan;
e.
the sustainable design elements on any adjoining highway under the
City's jurisdiction, including but not limited to trees, shrubs, hedges,
plantings or other ground cover, permeable paving materials, street
furniture, curb ramps, waste and recycling containers and bicycle
parking facilities in accordance with the urban design policies of the
City's Official Plan; and
f.
facilities designed to have regard for accessibility for persons with
disabilities.
Exempt classes
12.
The provisions of this by-law do not apply to the following classes of
development:
a.
single detached dwellings;
b.
semi-detached dwellings;
c.
duplex dwellings;
d.
converted dwellings containing a total of four (4) or less units;
e.
an addition to a building or structure, located outside the shaded areas
of Schedules A-1, A-2 and A-3, which is less than sixty square metres
(60m2) of floor area and that does not increase the floor area of the
existing building or structure by more than ten percent (10%);
f.
buildings and structures accessory to single detached, semi-detached,
duplex, townhouse and converted dwellings; and
g.
where a proposed change of use is deemed not to meet the definition
of 'development' as per this by-law.
Exception - subdivisions and condominium developments
13.
Notwithstanding the exemptions from site plan control of the classes of
development described in section 12 above, the City, as a condition of draft
plan approval of any plan of subdivision or plan of condominium, reserves
the right to require that site plan approval shall apply to any class of
development to be included in the plan of subdivision or plan of condominium
when registered.
Delegation of authority
14.
Repealed by By-law No. 2022-075.
15.
Repealed by By-law No. 2022-075.
16.
Repealed by By-law No. 2022-075.
17.
Repealed by By-law No. 2022-075.
Page 5
By-law No. 2019-185
Part IV. Offence and Penalty
18.
Every person who contravenes Section 41 of the Planning Act or the
provisions of this by-law is guilty of an offence and upon conviction is liable
to the penalties set out in sections 67(1) and 67(2) of the Planning Act.
Part V. Conflict and Transition
Conflict
19.
In the event the provisions of this by-law are inconsistent with the provisions
of the Planning Act, its regulations or any other act and the regulations
thereunder, the provisions of the act or regulation shall apply.
20.
If there is a conflict between a provision in this by-law and a provision of any
other applicable municipal by-law, the more stringent provision shall apply.
Terms Severable
21.
The terms and provisions of this by-law shall be severable and should any
term or provision be found by a court of competent jurisdiction to be legally
unenforceable, inoperative or invalid, the remainder of the by-law shall
continue to be in full force and effect.
Enactment
22.
This by-law shall come into full force and effect on the date it is passed, at
which time By-law No. 2011-034 is repealed and all by-laws, policies and
resolutions that are inconsistent with the provisions of this by-law are hereby
amended or repealed insofar as it is necessary to give effect to the provisions
of this by-law.
FINALLY PASSED AND ENACTED this 18th day of November, 2019.
Signature on file
Mayor Ian C. Boddy
Signature on file
Briana M. Bloomfield, City Clerk
BY-LAW 2011-034
Schedule "A1"
March 1, 2011
Schedule 'A-1' to By-law 2019-185
OWEN SOUND
HARBOUR
Schedule 'A-2' to By-law 2019-185
BY-LAW 2011-034
Schedule "43"
March 1,2011
*'Ì*:':'iY
Schedule 'A-1' to By-law 2019-185