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HomeMy WebLinkAboutChapter 642 - Heritage Property - Consent - Alterations PROPERTY MAINTENANCE Chapter 642 HERITAGE PROPERTY CONSENT - ALTERATIONS Article I INTERPRETATION 642.1.1 Act-defined 642.1.2 Alter-defined 642.1.3 City-defined 642.1.4 Coordinator-defined 642.1.5 Council-defined 642.1.6 Heritage Conservation District-defined 642.1.7 Heritage Kitchener-defined 642.1.8 Heritage planning staff-defined 642.1.9 Owner-defined 642.1.10 Part IV application(s)-defined 642.1.11 Part V application(s)-defined 642.1.12 Property-defined 642.1.13 Standard condition-defined Article 2 DELEGATION OF CONSENT TO ALTERATIONS ON PART IV APPLICATIONS 642.2.1 Authority-delegated to Coordinator 642.2.2 Application-consideration-heritage planning staff 642.2.3 Application-refusal-referred to Heritage Kitchener 642.2.4 Application-consented to-conditions-referral KITCHENER 642.1 OCTOBER 2009 HERITAGE PROPERTY Article 3 DELEGATION OF GRANTING OF PERMITS ON PART V APPLICATIONS 642.3.1 Authority-delegated to Coordinator 642.3.2 Application-consideration-heritage planning staff 642.3.3 Referral to Heritage Kitchener-conditions 642.3.4 Application refused-referral to Heritage Kitchener Article 4 GENERAL PROVISIONS 642.4.1 Retention of delegated authority 642.4.2 Referral-to Council-for any reason 642.4.3 Delegation of authority to request information Article 5 SEVERABILITY 642.5.1 Validity WHEREAS section 9 of the Municipal Pict, 2001, S.O. 2001, c.25, as amended,provides that a municipality has the capacity,rights,powers and privileges of a natural person for the purpose of exercising its authority un- der that or any other Act; AND WHEREAS section 11(3)5 of theMunicipalAct,2001 provides that a municipality may pass by-laws within the culture,parks,recreation and heri- tage sphere of jurisdiction; AND WHEREAS section 8(1)of theMunicipalAct,2001 provides that the powers of a municipality under any Act shall be interpreted broadly so as to confer broad authority on municipalities to enable them to govern their af- fairs as they consider appropriate,and to enhance their ability to respond to municipal issues; AND WHEREAS section 23.1 of theMunicipalAct,2001 provides that sec- tions 9 and 11 of the Municipal Act, 2001 authorize a municipality to dele- gate its powers under the Municipal Pict, 2001 or any Act,subject to certain limitations; JUNE 2009 642.2 KITCHENER 642.1.1 HERITAGE PROPERTY 642.1.7 AND WHEREAS sections 33 and 42 of the Ontario Heritage Pict,R.S.O. 1990,c. 0.18 provide that Council may delegate its authority to consent to alteration of property designated under Part IV of the Ontario Heritage Act and to grant permits for the alteration of property located in a Heritage Con- servation District designated under Part V of the Ontario Heritage Pict; AND WHEREAS pursuant to sections 33(15) and 42(16) of the Ontario Heritage Pict,Council of The Corporation of the City of Kitchener has con- sulted with its municipal heritage committee,Heritage Kitchener,respecting the delegation contained within this Chapter; Article 1 INTERPRETATION 642.1.1 Act-defined "Act"shall mean the Ontario Heritage Pict,R.S.O. 1990,c. 0.18. 642.1.2 Alter-defined "alter"means to change in any manner and includes to restore,renovate,re- pair, erect, or disturb and "alteration" and"altering" have corresponding meanings. 642.1.3 City-defined "City"shall mean The Corporation of the City of Kitchener. 642.1.4 Coordinator-defined "Coordinator"shall mean: (a) the City's Coordinator of Cultural Heritage Planning; (b) in the absence or unavailability of the City's Coordinator of Cultural Heritage Planning shall mean the City's Manager of Long Range and Policy Planning;and (c) in the absence or unavailability of the City's Coordinator of Cultural Heritage Planning and Manager of Long Range and Policy Planning shall mean the City's Director of Planning. 642.1.5 Council- defined "Council"shall mean the Council of the City. 642.1.6 Heritage Conservation District-defined "Heritage Conservation District"means a heritage conservation district es- tablished under Part V of the Ontario Heritage Pict. 642.1.7 Heritage Kitchener-defined "Heritage Kitchener" shall mean the City's municipal heritage committee established pursuant to the Act. KITCHENER 642.3 JUNE 2009 642.1.8 HERITAGE PROPERTY 642.2.2 642.1.8 Heritage planning staff-defined "heritage planning staff'shall mean the City's Heritage Planner,Coordina- tor of Cultural Heritage Planning,Manager of Long Range and Policy Plan- ning,and Director of Planning. 642.1.9 Owner- defined "owner"shall mean the person registered on title in the proper land registry office as owner. 642.1.10 Part IV application(s)-defined "Part IV application(s)"means an application to obtain consent for an alter- ation to property designated under Part IV of the Act. 642.1.11 Part V application(s)-defined "Part V application(s)" means a heritage alteration permit application for property located within a Heritage Conservation District. 642.1.12 Property- defined "property" means real property and includes all buildings and structures thereon and includes a cultural heritage landscape. 642.1.13 Standard condition-defined "standard condition"shall mean a condition or conditions acknowledged by resolution of Council for use as a standard condition of approval for a Part IV application or a Part V application. Article 2 DELEGATION OF CONSENT TO ALTERATIONS ON PART IV APPLICATIONS 642.2.1 Authority- delegated to Coordinator Council delegates to the Coordinator all of the power that Council has re- specting the granting of consent for Part IV applications including the ability to attach conditions to such consent,subject to the provisions of this Chapter. 642.2.2 Application-consideration-heritage planning staff Upon receipt of a Part IV application,heritage planning staff shall consider the application and may recommend: (a) that the application be decided by Council after consultation with Heritage Kitchener; (b) refusal of the application; (c) consent to the application with no conditions; (d) consent to the application with the standard condition and/or other conditions. JUNE 2009 642.4 KITCHENER 642.2.3 HERITAGE PROPERTY 642.3.2 642.2.3 Application-refusal-referred to Heritage Kitchener In the circumstances set out in Section 642.2.2(a)or(b),heritage planning staff shall refer the application to Heritage Kitchener for recommendations and Council shall retain decision making power on thePartIV application. 642.2.4 Application-consented to -conditions-referral In the circumstances set out in Section 642.2.2(c)or(d),heritage planning staff shall refer the Part IV application to Heritage Kitchener and: (a) where Heritage Kitchener recommends consent to the Part IV application with or without conditions that are the same as rec- ommended by the heritage planning staff or with or without conditions that are agreeable to heritage planning staff,the Co- ordinator shall consent to the Part IV application and impose any conditions agreed upon by heritage planning staff and Heritage Kitchener;or (b) where Heritage Kitchener recommends that a Part IV applica- tion be refused,be consented to with condition(s) that in the opinion of heritage planning staff are excessive or insufficient, or be consented to without condition(s) that in the opinion of heritage planning staff are necessary,Council shall retain deci- sion making power on the Part IV application. Article 3 DELEGATION OF GRANTING OF PERMITS ON PART V APPLICATIONS 642.3.1 Authority- delegated to Coordinator Council delegates to the Coordinator all of the power that Council has re- specting the granting of permits on Part V applications,including the ability to attach conditions to suchpermit,subject to theprovisions of this Chapter. 642.3.2 Application-consideration-heritage planning staff Upon receipt of a Part V application,heritage planning staff shall consider the application and may: (a) refer the application to Heritage Kitchener for review and rec- ommendation in the circumstances set out in Section 642.3.3; (b) recommend refusal of the application; (c) grant the permit with no conditions;or (d) grant the permit with the standard condition and/or other condi- tions. KITCHENER 642.5 JUNE 2009 642.3.3 HERITAGE PROPERTY 642.4.1 642.3.3 Referral to Heritage Kitchener-conditions Heritage planning staff shall refer Part V Applications to Heritage Kitchener for review and recommendation in the following circumstances: (a) the application is highly complex,including situations in which a heritage impact assessment,conservation plan or other study is required to be submitted; (b) there is no existing City policy to address the proposed work or situation; (c) in the opinion of heritage planning staff,there is significant sen- sitivity or controversy associated with the property or proposed work; (d) the proposed work does not meet with good heritage conserva- tion practice; (e) the proposed work does not meet the policies or guidelines of the respective Heritage Conservation District plan; (f) the application is made for a property identified by Council or in a heritage conservation district study or plan as a Group "A" property or as property of very high cultural heritage value or interest; (g) heritage planning staff recommends granting the permit for al- teration subject to conditions other than the City's standard con- dition; and (h) heritage planning staff is of the opinion that the application should be forwarded to Heritage Kitchener for discussion. 642.3.4 Application refused-referral to Heritage Kitchener In the circumstances set out in Section 642.3.2(b),heritage planning staff shall refer the application to Heritage Kitchener for review and recommen- dations and Council shall retain decision-making power. Article 4 GENERAL PROVISIONS 642.4.1 Retention of delegated authority Regardless of any authority delegated to the Coordinator under this Chapter, Council may,after notifying the Coordinator,exercise any authority that it delegated to the Coordinator. JUNE 2009 642.6 KITCHENER 642.4.2 HERITAGE PROPERTY 642.5.1 642.4.2 Referral-to Council-for any reason Notwithstanding any other provision of this Chapter,heritage planning staff may refer any Part IV Application and any Part V application to Council at any time. 642.4.3 Delegation of authority to request information Council delegates to the Coordinator all of the power that Council has to re- quest such information as Council may require from the owner respecting a Part IV application and a Part V application. Article 5 SEVERABILITY 642.5.1 Validity It is hereby declared that each and every of the foregoing Sections of this Chapter is severable and that,if any provisions of this Chapter should for any reason be declared invalid by any Court, it is the intention and desire of Council that each and every of the then remaining provisions hereof shall re- main in full force and effect.By-law 2009-089, 15 June,2009. KITCHENER 642.7 JUNE 2009