Yes. The City’s Official Plan and Zoning Bylaw apply to all development in the City of Burlington, with the exception of the rural area regulated by the Niagara Escarpment Commission.
Data centres are permitted in the Official Plan in the City’s employment areas as well as in the larger commercial areas. A data centre is defined in the City’s Zoning Bylaw as being an “Information and Data Processing” use or an “Office” use. An Information and Data Processing use is permitted in the City’s employment zones.
All new employment area development, including expansions to existing buildings, are required to go through the Site Plan Control process. Site plan does not deal with the use of the property but rather focuses on how the property is developed. The Planning Act requires that Site Plan approval be delegated to City staff, and because the use is permitted by the Official Plan and Zoning Bylaw, there are no requirements in the Planning Act to notify adjacent property owners when a site plan application is submitted to the City.
The site plan process deals with ensuring the proposed building complies with the setback, height and size regulations in the Zoning By-law as well as parking and landscaping. Staff also review the grading, driveway location and servicing such as water, wastewater and stormwater, as part of the site plan review process.
City staff also consult with Halton Region, Conservation Halton and Burlington Hydro as part of the site plan review. Any comments, concerns or conditions of approval from these agencies are included in the conditions of site plan approval.
A building permit is required for any new construction or alterations to an existing building. A building permit must comply with the Zoning Bylaw. A building permit must be issued once the applicant demonstrates that all requirements of the Ontario Building Code have been met.