The following examples demonstrate the complex procedures often required for project approval:
1. private house on a private lot 2. addition to house on a private lot 3. office building or factory
4. shopping centre on a major traffic route 5. town housing project in a suburban area 6. application for re-zoning
Requirements may vary from municipality to municipality. Therefore, the architect should ascertain the approval process in the jurisdiction of the project.
Example 1. Private House on a Private Lot:
Example 2. Addition to House on a Private Lot:
In this example, the client wishes to build a second floor over a portion of an existing one-storey house.
8
September 1999 Canadian Handbook of Practice for ArchitectsCheck bylaws for controls.
Check zoning or land-use bylaws, side and front yards, coverage, etc., before proceeding with design.
Proceed with working drawings.
Submit applications for building permit, accompanied by construction documents and a copy of the legal survey.
Prepare design and obtain preliminary plan approval.
After checking zoning bylaw, the architect finds that existing 1.2 metre sideyards are acceptable for one-storey houses, but that 2 metres are required for two-storey houses. It appears impossible or impractical to build the addition without building directly on top of the existing walls.
Apply to a committee of the municipality for an adjustment or variance for acceptance of a minor variance to the bylaw. The client is advised to inform
neighbours of the application, as they will eventually be informed by mail.
If application is denied, the architect should advise the client to change requirements, abandon the project, or authorize the architect to investigate alternatives which may require demolition or incur greater cost. In some instances, it may be possible to appeal to a higher
authority, for example, a provincial board.
If application is accepted, the architect may proceed with working drawings and apply for building permit.
Confirm zoning bylaw requirements and submit application.
Check with client's purchase agreement to see if the vendor requires architectural approval.
If vendor approval is required, arrange to meet the consultant or staff architect in charge of approval for preliminary plan examination.
Complete construction documents and submit necessary plan sets, if required, to occupational health and safety inspector and obtain approval. Retain approved
sets for building permit application.
Submit appropriate number of sets with building permit application.
Meet with the building department and, depending on the jurisdiction, meet with occupational health and safety inspector at this stage, particularly if the building
is large or the design is complex.
After schematic studies are approved by the client, begin discussions (in approximately the above order) with departments whose approvals are required.
Consider suggestions where possible, and negotiate the best alternatives.
When the design is finalized, apply for final site plan approval from planning boards and councils.
Obtain preliminary design approvals from Planning Board and councils.
When preliminary design approvals have been obtained, arrange meeting with the fire marshal, occupational health and safety inspector, and building department
to ascertain fire safety and specific construction requirements.
Submit the completed construction documents to occupational health and safety
inspector, if required, and to the building department for permit, together with site plans, surveys, and soil test reports that may be required.
Example 3. Office Building or Factory:
Example 4. Shopping Centre on a Major Traffic Route:
After initial review of requirements with the client, establish requirements for re-zoning, site plan approval, and other approvals. Prepare interview list which may include the following:
• municipal planners;
• municipal traffic department;
• regional, metro or county roads department, and provincial department of highways if property abuts provincial highway;
• fire marshal;
• health and safety environment inspector;
• building department.
Building Regulations and Authorities Having Jurisdiction Chapter 1.2.4 Volume 1
Canadian Handbook of Practice for Architects September 1999
9
Appendix — Examples of Typical Approval Processes
The following examples demonstrate the complex procedures often required for project approval:
1. private house on a private lot 2. addition to house on a private lot 3. office building or factory
4. shopping centre on a major traffic route 5. town housing project in a suburban area 6. application for re-zoning
Requirements may vary from municipality to municipality. Therefore, the architect should ascertain the approval process in the jurisdiction of the project.
Example 1. Private House on a Private Lot:
Example 2. Addition to House on a Private Lot:
In this example, the client wishes to build a second floor over a portion of an existing one-storey house.
8
September 1999 Canadian Handbook of Practice for ArchitectsVolume 1 Chapter 1.2.4 Building Regulations and Authorities Having Jurisdiction
Check bylaws for controls.
Check zoning or land-use bylaws, side and front yards, coverage, etc., before proceeding with design.
Proceed with working drawings.
Submit applications for building permit, accompanied by construction documents and a copy of the legal survey.
Prepare design and obtain preliminary plan approval.
After checking zoning bylaw, the architect finds that existing 1.2 metre sideyards are acceptable for one-storey houses, but that 2 metres are required for two-storey houses. It appears impossible or impractical to build the addition without building directly on top of the existing walls.
Apply to a committee of the municipality for an adjustment or variance for acceptance of a minor variance to the bylaw. The client is advised to inform
neighbours of the application, as they will eventually be informed by mail.
If application is denied, the architect should advise the client to change requirements, abandon the project, or authorize the architect to investigate alternatives which may require demolition or incur greater cost. In some instances, it may be possible to appeal to a higher
authority, for example, a provincial board.
If application is accepted, the architect may proceed with working drawings and apply for building permit.
Confirm zoning bylaw requirements and submit application.
Check with client's purchase agreement to see if the vendor requires architectural approval.
If vendor approval is required, arrange to meet the consultant or staff architect in charge of approval for preliminary plan examination.
Complete construction documents and submit necessary plan sets, if required, to occupational health and safety inspector and obtain approval. Retain approved
sets for building permit application.
Submit appropriate number of sets with building permit application.
Meet with the building department and, depending on the jurisdiction, meet with occupational health and safety inspector at this stage, particularly if the building
is large or the design is complex.
After schematic studies are approved by the client, begin discussions (in approximately the above order) with departments whose approvals are required.
Consider suggestions where possible, and negotiate the best alternatives.
When the design is finalized, apply for final site plan approval from planning boards and councils.
Obtain preliminary design approvals from Planning Board and councils.
When preliminary design approvals have been obtained, arrange meeting with the fire marshal, occupational health and safety inspector, and building department
to ascertain fire safety and specific construction requirements.
Submit the completed construction documents to occupational health and safety
inspector, if required, and to the building department for permit, together with site plans, surveys, and soil test reports that may be required.
Canadian Handbook of Practice for Architects September 1999
11 10
September 1999 Canadian Handbook of Practice for ArchitectsExample 5. Town Housing Project in a Suburban Area:
Confirm zoning requirements.
After establishing the basic design approach for the site plan and units, meet with municipal staff to discuss project. (If the architect has not previously worked in a certain municipality, it is advisable to consult with the staff before starting design studies.) In some municipalities, the initial introduction of any project may be by presentation at a meeting of a planning board, which will then refer it to the planning staff for a written report. Meetings between the architect and the planning staff would then follow. As planners often have extensive control over site and landscape design,
it may be necessary to hire a landscape architect early in the design stage. The landscape design may form part of the documents required for preliminary site plan approval.
Check whether other approvals, such as from roads and traffic and fire departments, are also required.
During the planning staff’s review of the project, the client may approach financing institutions with the preliminary plans. Several meetings and drawing revisions may be necessary. Where possible,
incorporate the planning staff's comments. However, if their recommendations are impractical or detrimental to the design, negotiate the final result as tactfully and firmly as possible. Planning Board
approval of site plans is difficult without a staff recommendation.
At this point, consulting engineers should negotiate site service layout with the engineering department.
Prepare final presentation plans for presentation to Authorities Having Jurisdiction for site plan approval.
Prepare construction documents and submit for building permit. Consulting engineers, coordinated by the architect, submit their drawings at the same time. Surveys, soil test, additional drawings,
and other documents may also be required.
Example 6. Application for Re-zoning:
Because of the complexity of the re-zoning process, the architect and the client should have a clear understanding of the issues and problems involved before proceeding.
Discuss with planning staff the reasonableness of a re-zoning request. In some cases, land may have to be re-zoned before development can proceed. In other cases, a municipality can control land
use by means of a “holding” zone which can only be removed by a re-zoning application.
Also, the official plan may allow development that is not permitted in the existing zoning.
Sometimes, officials will re-zone a blighted area to encourage redevelopment.
Prepare plans in collaboration with the client and planning staff. Meetings with ratepayer groups may be required at this stage. The client may also wish to obtain legal counsel and engage a planning consultant. Know how the project will fit into the community and be prepared to provide
information on population projections, the capacity of existing schools, traffic problems, parks and recreation facilities, shopping facilities.
Discuss the proposed application with the local politicians and senior planning staff.
The client should be present at all preliminary discussions.
The application is then presented to the local Council for approval. Notwithstanding the Planning Board’s recommendation, the request may be approved or rejected after one or more meetings.
A public notice of the decision is usually provided.
If the project is not supported, consider the following options:
• abandon project;
• re-design project to fit existing zoning;
• build support through education, public meetings, presentations.
If the Council approves the project and no one objects in writing after approximately three weeks (confirm with provincial planning legislation), re-zoning is normally approved (usually with a control
clause including approval of a specific design). A public notice of the decision is usually provided.
If the project has support at both the political and planning levels, proceed with re-zoning application.
If rejected at this stage, consider the following options:
• abandon project;
• re-design project;
• appeal to higher authority.
After the application is submitted, local residents will be notified and hearings may be held. The project will be recommended or rejected by the Planning Board
or other authority.
If there is any valid objection to the decision, the matter may be taken to a higher authority, such as the provincial municipal board, for a final hearing.
Re-zoning applications are often controversial. The architect may be required to speak on behalf of the project at formal meetings or at ratepayer meetings, and should be prepared for cross-examination by legal counsel. The architect must be accurate, knowledgeable, helpful, and professional at all times.
Building Regulations and Authorities Having Jurisdiction Chapter 1.2.4 Volume 1
Canadian Handbook of Practice for Architects September 1999
11 10
September 1999 Canadian Handbook of Practice for ArchitectsVolume 1 Chapter 1.2.4 Building Regulations and Authorities Having Jurisdiction
Example 5. Town Housing Project in a Suburban Area:
Confirm zoning requirements.
After establishing the basic design approach for the site plan and units, meet with municipal staff to discuss project. (If the architect has not previously worked in a certain municipality, it is advisable to consult with the staff before starting design studies.) In some municipalities, the initial introduction of any project may be by presentation at a meeting of a planning board, which will then refer it to the planning staff for a written report. Meetings between the architect and the planning staff would then follow. As planners often have extensive control over site and landscape design,
it may be necessary to hire a landscape architect early in the design stage. The landscape design may form part of the documents required for preliminary site plan approval.
Check whether other approvals, such as from roads and traffic and fire departments, are also required.
During the planning staff’s review of the project, the client may approach financing institutions with the preliminary plans. Several meetings and drawing revisions may be necessary. Where possible,
incorporate the planning staff's comments. However, if their recommendations are impractical or detrimental to the design, negotiate the final result as tactfully and firmly as possible. Planning Board
approval of site plans is difficult without a staff recommendation.
At this point, consulting engineers should negotiate site service layout with the engineering department.
Prepare final presentation plans for presentation to Authorities Having Jurisdiction for site plan approval.
Prepare construction documents and submit for building permit. Consulting engineers, coordinated by the architect, submit their drawings at the same time. Surveys, soil test, additional drawings,
and other documents may also be required.
Example 6. Application for Re-zoning:
Because of the complexity of the re-zoning process, the architect and the client should have a clear understanding of the issues and problems involved before proceeding.
Discuss with planning staff the reasonableness of a re-zoning request. In some cases, land may have to be re-zoned before development can proceed. In other cases, a municipality can control land
use by means of a “holding” zone which can only be removed by a re-zoning application.
Also, the official plan may allow development that is not permitted in the existing zoning.
Sometimes, officials will re-zone a blighted area to encourage redevelopment.
Prepare plans in collaboration with the client and planning staff. Meetings with ratepayer groups may be required at this stage. The client may also wish to obtain legal counsel and engage a planning consultant. Know how the project will fit into the community and be prepared to provide
information on population projections, the capacity of existing schools, traffic problems, parks and recreation facilities, shopping facilities.
Discuss the proposed application with the local politicians and senior planning staff.
The client should be present at all preliminary discussions.
The application is then presented to the local Council for approval. Notwithstanding the Planning Board’s recommendation, the request may be approved or rejected after one or more meetings.
A public notice of the decision is usually provided.
If the project is not supported, consider the following options:
• abandon project;
• re-design project to fit existing zoning;
• build support through education, public meetings, presentations.
If the Council approves the project and no one objects in writing after approximately three weeks (confirm with provincial planning legislation), re-zoning is normally approved (usually with a control
clause including approval of a specific design). A public notice of the decision is usually provided.
If the project has support at both the political and planning levels, proceed with re-zoning application.
If rejected at this stage, consider the following options:
• abandon project;
• re-design project;
• appeal to higher authority.
After the application is submitted, local residents will be notified and hearings may be held. The project will be recommended or rejected by the Planning Board
or other authority.
If there is any valid objection to the decision, the matter may be taken to a higher authority, such as the provincial municipal board, for a final hearing.
Re-zoning applications are often controversial. The architect may be required to speak on behalf of the project at formal meetings or at ratepayer meetings, and should be prepared for cross-examination by legal counsel. The architect must be accurate, knowledgeable, helpful, and professional at all times.
Canadian Handbook of Practice for Architects September 1999
1
The following is a list of the principal federal legislation and regulations.
Aeronautics Act:
The legislation authorizes the federal minister regulating transport to establish height, location, and building-use regulations in the vicinity of airports. It constitutes a zoning regulation and must be registered against the lands.
Canadian Environmental Assessment Act:
This legislation requires assessment and auditing of Crown land and federal property based on a wide range of environmental concerns.
Canada Marine Act:
This act establishes the Port Authorities which administer regulations for construction within a port. The Port Authority issues a permit for construction.
National Fire Code:
The Dominion Fire Commissioner has jurisdiction over all federal buildings constructed on any federal property in Canada, a responsibility similar to the provincial fire marshal and/or the local fire department.
Atomic Energy Control Act:
The federal government is the prime authority for ionizing radiation. Provincial officials authorized as inspectors under the Act may come from various provincial departments.
National Building Code:
The National Building Code is a model code which has no legal status unless adopted by a provincial or municipal authority. However, federal government buildings and other buildings which depend upon Canada Mortgage and Housing Corporation mortgage financing must comply with the code to qualify for financing.
Navigable Waters Protection Act:
This statute requires an approved application before any structure may be built in or over navigable waters.
National Parks Act:
This act and its subsidiary regulations govern buildings within federally owned parks.