In this by-law:

“Act” means the Development Charges Act, 1997, and all regulations made thereunder;

“apartment dwelling” means a dwelling unit within a residential building or the residential portion of a mixed use building containing three or more dwelling units which are:

and also includes:

“back-to-back townhome dwelling” means a building containing a minimum of six and no more than sixteen dwelling units that is divided vertically, where each unit is divided by a common wall, including a common rear wall without a rear yard setback and whereby each unit has an independent entrance from the outside accessed through the front yard or exterior side yard;

“bedroom” means any room used or designed or intended for use as sleeping quarters but does not include a living room, dining room, kitchen, den, study or similar area;

“building or structure” means an enclosed or partially-enclosed area and includes an air-supported structure;

“board of education” means a board of education, as defined in subsection 1(1) of the Education Act;

“Building Code Act” means the Building Code Act, 1992, S.O. 1992, c. 23, as amended;

“capital costs” has the same meaning it has in the Act;

“City” means the City of Ottawa;

“commercial use” means a non-residential use other than a non-residential general use, an institutional use, an industrial (limited) use or an industrial use and includes an office use;

“complete building permit application” means the submission of a complete application form clearly identifying the work and occupancy covered by the permit, legal description, contact information and valuation of the proposed building. The application shall be accompanied by the permit fee paid in full pursuant to the City’s Building Bylaw and two (2) sets of plans and specifications which indicate the nature and extent of the work (architectural, structural, mechanical and electrical plans sealed and signed by the appropriate professional as required for the complete building including a geotechnical report, site and servicing plans and a survey) in sufficient detail to establish compliance to the Building Code Act, 1992, S.O.1992, c. 23, as amended, the Building Code and any other applicable law. For a footing and foundation phased permit approved by the Chief Building Official, a complete building permit application means the submission of a complete application form as indicated above and shall be accompanied by a permit fee for the portion of the work for which the approval is required. This type of application shall be accompanied by two (2) sets of structural plans and specifications (sealed and signed by a Professional Engineer) for the entire building including excavation and shoring details as required, a geotechnical report and complete architectural plans for the above grade;

“complete planning application” means an application for an official plan amendment, zoning by-law amendment, site plan approval, or approval of a draft plan of subdivision under the Planning Act, which application is submitted with all of the information and documentation required by the City pursuant to By-law No. 2001-451, as amended;

“council” means the Council of the City of Ottawa;

“designated area” means the area described in Section 2 of this by-law, within which development charges are imposed;

“designated services” means the service recited in Section 3 of this by-law for which development charges are imposed;

“designated uses of land, buildings or structures” means the uses designated in Section 4 of this by-law;

“development” means the construction, erection or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of increasing the size or usability thereof, and includes redevelopment;

“development charge” means a charge against land imposed pursuant to this by- law;

“dwelling unit” means a room or suite of rooms used, designed or intended to be used by one or more persons living together, in which culinary and sanitary facilities are provided for the exclusive use of such a person or persons in a residential use or mixed use building or structure;

“garden suite” means a one-unit detached residential structure, containing bathroom and kitchen facilities that is ancillary to an existing residential structure and that is designed to be portable;

“grade” means the average level of finished ground adjoining a building or structure at all exterior walls;

“gross floor area” means:

thereof, the total area of all building floors above or below grade measured between the outside surfaces of the exterior walls or between the outside surfaces of exterior walls and the centre line of party walls separating two uses; and

“high technology” means having a significant dependence on science and technology innovation that leads to new or improved products and services.

“industrial (limited) use” means an industrial use which is not a high technology use;

“industrial use” means lands, buildings or structures used or designed or intended for use for manufacturing, producing or processing of raw goods, warehousing or bulk storage of goods, distribution centre, research or development in connection with manufacturing, processing of raw goods, storages and includes an “industrial (limited) use” but does not include retail or offices unless it is attached to an building used for an industrial use as defined above;

“institutional uses” means only the following uses:

excludes any building or part of a building or structure which is a dwelling unit.

“light rail or transitway station” means a location at an existing light rail or transit station or at a proposed light rail or transit station which proposed station is identified by an adopted environmental assessment approved by Council, from or to which passengers embark or disembark;

“local board” means local board as defined in the Act;

“mobile home” means any dwelling that is designed to be made mobile, and constructed or manufactured to provide a permanent residence for one or more persons, but does not include a travel trailer or tent trailer;

“mixed use” means land, building or structures used or designed or intended for a combination of non-residential uses and residential uses;

“multiple dwelling” means a dwelling unit other than a single-detached dwelling, semi-detached dwelling, row dwelling, apartment dwelling or mobile home;

“non-profit health care facility” means non-profit corporations having as the principal objections of incorporation:

“non-residential general use” means land or buildings or structures or part thereof used for hotels, motels or similar buildings or structures providing temporary accommodation and also includes all retail use;

“office” means lands, buildings or structures used or designed or intended for use for a practice of a profession, the carrying on of a business, occupation or the conduct of a non-profit organization including government;

“official plan” means the Official Plan of the City, as amended or substituted for from time to time;

“owner” means the owner of land or a person who has made application for an approval for the development of land upon which a development charge is imposed;

“place of worship” means that part of a building or structure that is exempt from taxation as a place of worship under the Assessment Act, R.S.O. 1990, c. A.31, as amended;

“Planning Act” means the Planning Act. R.S.O. 1990, c. P.13, as amended;

“prescribed” means prescribed by the regulations made under the Act;

“reasonable cost” for subsection 14(1) refers to the price for reimbursement as set out in Schedule “D” of this by-law, supported by back-up documentation, and indexed accordingly with the provisions of section 16 of this by-law;

“residential use” means land or buildings or structures of any kind whatsoever used, designed or intended to be used as living accommodations for one or more individuals and includes land or a building or part thereof used, designed or intended for a single-detached dwelling, semi-detached dwelling, row dwelling, apartment dwelling, or multiple dwelling;

“retail” means lands, buildings or structures used or designed or intended for use for the sale or rental or offer for sale or rental of goods or services to the general public, or significant portion thereof, for consumption or use and shall include restaurants but shall exclude all offices;

“rooming and/or boarding house” means a dwelling in which lodging is provided to an individual, for gain, which may include communal kitchen or bathroom facilities and where each room or suite of rooms, which may include either individual kitchen or individual bathroom facilities, but not both, constitutes a separate, independent occupancy in which a person sleeps;

“row dwelling” means a dwelling unit in a residential use or mixed use building or structure consisting of more than two dwelling units having one or two vertical walls but no other parts attached to another dwelling unit;

“rural area” means all lands designated and lying outside of the Urban Area Boundary on Schedule “A” to the Official Plan;

“secondary dwelling unit” means a dwelling unit that is subsidiary to and located in the same building as an associated principal dwelling unit; and its creation does not result in the creation of a semi-detached dwelling, row dwelling or a multiple dwelling.

“semi-detached dwelling” means a dwelling unit in a residential use building consisting of two principal dwelling units having one vertical wall or one horizontal wall but no other parts attached to another principal dwelling unit above grade and shall include a duplex;

“single-detached dwelling” and “single detached” means one principal dwelling unit in a residential use building that is not attached above grade to another principal building or structure used for a residential use.;

“theoretical development charge” means the maximum non-residential development charge that the City could impose, for Areas 1, 2 and 3 as set out in Schedule “A” to this by-law, as the case may be, pursuant to the background study endorsed by City Council;

“transit network” means the Rapid Transit Network consisting of:

“transit vehicles and buildings” means the buses, trains, vehicles and other accessory buildings or structures supporting transit;

“treasurer” means the City Treasurer or designate;

“urban area” means the lands having a designation on Schedule “B” to the Official Plan.

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