What’s an SPAIP bylaw?

    A Site Planning and Architectural Integration Program (SPAIP) bylaw is a tool that allows municipal authorities to ensure the harmonious integration of an architectural project (new construction, addition, renovation, etc.) into its natural and built environment.

    While the zoning by-law determines general norms with which each project must comply, the SPAIP bylaw allows a qualitative evaluation based on objectives and criteria. The SPAIP bylaw is a discretionary tool, meaning that it is up to the borough council to accept or refuse an application following the recommendation of the Planning advisory committee (CCU in French). Thus, for certain types of works, the approval of a SPAIP by the borough council is a prerequisite to the issuance of a construction permit or certificate. For additional information, you can consult the website of the provincial government (in French only) : Guide -  La prise de décision en urbanisme.

    What is a Planning Advisory Committee (CCU in French)?

    The Planning advisory committee is appointed and mandated by the Borough Council. It provides recommendations to Council on matters outlined in the Act respecting land use planning and development such as architectural integration, urban planning and land use. This advisory committee is composed of residents and members of the Borough Council. In the borough of Outremont, the non-elected members are all professionals working in the field of architecture. They are chosen by the Borough Council for their professional expertise and experience.

    Role of the Planning Advisory Commitee

    In accordance with the Act respecting land use planning and development, the Committee must, among other things, formulate a recommendation on each site planning and architectural integration program that is submitted to the borough. The committee has no decision-making power, but transmits a recommendation to the Borough Council. This recommendation, whether favourable or unfavourable, may be accompanied by proposals to improve the project. In the end, it is the Borough Council that accepts or refuses a site planning and architectural integration program. In the case of a refusal, Council must give reasons for its unfavorable decision. To learn more, you can consult the website of the provincial government (in French only): Guide -  La prise de décision en urbanisme.

    What are the objectives that guided the revision of this bylaw?

    Five principles guided the revision of the SPAIP bylaw :

    • Preserve and enhance Outremont’s built environment

    • Adapt and update regulations to respond to current and future needs, notably by integrating the concept of sustainability

    • Focus primarily on interventions affecting the streetscape and visible from public space as well as those impacting significant architectural statements (TAS in French) identified by the Bisson Study (1992) and the typomorphological study (2020)

    • Simplify the application process and clarify expectations for citizens;

    • Streamline procedures and permit issuance

    What are significant architectural statements (TAS in French) as per the SPAIP bylaw?

    Significant architectural statements (TAS in French) are buildings that have significant architectural value within the borough. Their selection is based on the findings of the Bisson Study (1992) and the typomorphological study (2020). All buildings classified by the Bisson Study as category 1 (remarkable) and category 2 (exceptional) were systematically identified as TAS. In addition, the typomorphological study identified a little more than ten additional buildings that had not been identified by the Bisson Study. These are essentially buildings built in the 50s and 60s, which had not been classified due to the lack of information on this type of building at the time of the Bisson inventory. All of the TAS have been identified in the SPAIP bylaw under appendix F.

    When will the written consultation take place?

    The 15 day written consultation will begin in the days following the notice of motion and the adoption of the first draft by-law, which is scheduled for the regular Borough Council meeting on June 7, 2021. The official dates for the written consultation and the link to the consultation website will be published on this information page. 

    Why propose an adoption process that extends into the summer?

    The regulatory amendment process causes a freeze on the issuance of building permits affected by the proposed amendments. The freeze period is in effect from the date of the notice of motion, scheduled for June 7, 2021, until the date of the coming into force of the regulation. The freeze period is expected to last approximately two months. In other words, no permits that would be subject to the new SPAIP bylaw can be issued during the freeze period. An adoption process over the summer period was preferred as there is historically a decrease in permit applications during the summer vacation period. Making changes during this period will have less of an impact on citizens than if they were made in the fall or spring, the two busiest seasons for permit applications in a year.

    Should I expect additional delays for my current permit application because of the new by-law process?

    There will be no impact on applications that are not subject to the SPAIP bylaw, as the freeze period will not apply to these requests. Regarding applications subject to the new bylaw, we do not anticipate any additional delays in processing the files. Permit applications can still be submitted and will be reviewed in accordance with the new regulations. Considering the review times for files subject to the Planning Advisory Committee review, we anticipate that the freeze period will be lifted before the respective Planning Advisory Committee review and subsequent Borough Council decision.

    Does the removal of certain types of works from the SPAIP review process result in a loss of quality of the built environment in Outremont?

    No. The removal of certain types of works is expected to have no impact on the quality of the built environment in Outremont. In addition to the adoption of the SPAIP bylaw, several adjustments are made to the zoning bylaw to better regulate these interventions. For example, the list of prohibited and authorized materials has been updated in the zoning by-law and now includes minimum quality standards to ensure the use of durable materials for any interventions. Further, interventions on non-visible façades not subject to the SPAIP bylaw, will be required to preserve or use brick and stone cladding in order to prevent the original cladding from being replaced by other types of cladding.

    What is a review process based on objectives and criteria? How does it work and what purpose does it serve?

    The SPAIP bylaw is a discretionary tool, meaning that it is up to Borough Council to accept or refuse an application. Despite the discretionary aspect, a recommendation of the Planning advisory committee as well as the Borough Council’s subsequent decisions must be based on the SPAIP bylaw’s objectives and criteria. Thus, the Borough Council and the Planning advisory committee are bound by the objectives and criteria outlined in the SPAIP bylaw. 

     

    The objectives are the bearers of an ideal vision and reflect the borough’s overall expectations in terms of architectural integration and site planning. An objective is an ideal, yet may not always be fully achieved. The acceptable level of compliance is judged within its context. In this regard, the character areas and landscape units referred to in the SPAIP bylaw are essential references. The objectives are therefore not exclusive and absolute, but rather relative and complementary. 

    The criteria are written in a more precise manner and make it possible to evaluate whether the various objectives are met. Here again, the review may not completely satisfy all the criteria. In some cases, a project may meet a specific objective and at the same time comply with one criterion at the expense of another. The bylaw contains specific categories of objectives and criteria for specific interventions and buildings. If a project include several types of interventions, more than one category of objectives and criteria may apply.