HomeMy WebLinkAboutBy-law No. 2013-093 - Repeal/Replace c620 - Demolition Control-3 �- -off
BY -LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by -law to repeal and replace Chapter 620 of The
City of Kitchener Municipal Code with respect to Demolition
Control).
WHEREAS section 33 of the Planning Act, R.S.O. 1990, c. P.13, provides that
Council of The Corporation of the City of Kitchener may by by -law designate any area
within the City of Kitchener as a demolition control area when a property standards by-
law under section 15.1 of the Building Code Act, 1992, S.O. 1992, c. 23, is in force in
the City of Kitchener;
AND WHEREAS Chapter 665 (Property Standards) of the City of Kitchener
Municipal Code has been enacted and is in force in the City of Kitchener;
AND WHEREAS no person shall demolish the whole or any part of any
residential property in a demolition control area unless the person has been issued a
demolition permit by the Council of The Corporation of the City of Kitchener;
AND WHEREAS under subsections 33(3) and 33(6) of the Planning Act, R.S.O.
1990, c. P.13, the Council of The Corporation of the City of Kitchener is the decision -
maker in respect of consenting to the demolition of a residential property in an area of
demolition control;
AND WHEREAS under sections 9 and 10 of the Municipal Act, 2001, S.O. 2001,
c. 25, in accordance with section 23.1 of the Municipal Act, 2001, the powers of a
municipality under that or any other Act may be delegated to a person or a body subject
to the restrictions set in sections 23.2 to 23.5, inclusive, of the Municipal Act, 2001;
AND WHEREAS it is deemed expedient to exercise the powers conferred by the
Municipal Act, 2001, S.O. 2001, c. 25;
NOW THEREFORE the Council of The Corporation of the City of Kitchener
enacts as follows:
Definitions
1. In this By -law:
"approval authority" means Council or Manager, depending on the circumstance
as described in section 7;
"Building Code Act' means the Building Code Act, 1992, S.O. 1992, as
amended;
"Chief Building Official" means the Chief Building Official of the City and shall
include a delegate or delegates thereof;
"City" means The Corporation of the City of Kitchener;
"Council" means the Council of The Corporation of the City of Kitchener;
"dwelling unit" means any property that is used or designed for use as a
domestic establishment in which one or more persons may sleep and prepare
and serve meals;
"Director of Planning" means the Director of Planning of the Community Services
Department for the City;
"Manager" means the Manager of Development Review of the Community
Services Department for the City. In the absence or unavailability of said
Manager, this term shall mean the City's Director of Planning;
"Planning Act' means the Planning Act, R.S.O. 1990, c.P.13, as amended;
"residential property" means a building that contains one or more dwelling units,
but does not include subordinate or accessory buildings the use of which is
incidental to the use of the main building;
"standard approval conditions" mean those conditions outlined in section 8, as
permitted by the Planning Act;
2. The demolition control provisions contained within section 33 of the Planning Act
are intended to:
(a) prevent the premature loss of viable housing stock and the creation of
vacant parcels of land;
(b) protect the appearance, character, and integrity of residential
neighbourhoods and streetscapes where no redevelopment is planned;
(c) prevent the premature loss of municipal assessment;
(d) retain existing dwelling units until redevelopment plans have been
considered and approved; and
(e) ensure that redevelopment occurs in a timely manner, where proposed.
3. The demolition control provisions contained within section 33 of the Planning
Act, are not intended to:
(a) examine the layout or design of a proposed redevelopment of a site that is
the subject of a demolition control application since other Planning Act
provisions perform this function; or
(b) prohibit or delay demolition where a building permit for redevelopment is
ready to be issued. The approval authority must issue approval where a
building permit is ready to be issued and may impose the standard
approval conditions.
4. The City's demolition control area shall be limited to lands within zoning
classifications R -1 through R -6 as defined in the City's Zoning By -law 85 -1, as
amended, within the City.
5. No person shall demolish the whole or any part of any residential property within
the demolition control area specified in section 4 unless the person has obtained
demolition control approval and a demolition permit issued by the City.
6. This by -law shall not apply if:
(a) the proposed demolition does not result in the loss of any dwelling units;
(b) the residential property is not a permitted use under the current zoning of
the property;
(c) the residential property has been found to be unsafe under 15.9 of the
Building Code Act (unsafe order) and/or has been found to be an
immediate danger to life safety under section 15.10 of the Building Code
Act (emergency order) and/or has been found to constitute an emergency
situation under the Chapter 665 of the City of Kitchener Municipal Code
and an emergency order has been issued under Section 15.7 of the
Building Code Act;
(d) the proposed demolition is necessary to facilitate environmental
remediation of the site and completion of a record of site condition as
specified by a qualified professional;
(e) Demolition of the residential property is necessary to allow for the
construction or establishment of a public work or service approved by the
City, the Regional Municipality of Waterloo, or Kitchener - Wilmot Hydro
Inc.;
(f) the residential property is a mobile home; or
(g) the residential property is exempted under any provincial or federal statute
or regulation.
7. Subject to the conditions hereinafter contained, all authority of Council to
approve demolition control applications under subsections 33(3) and 33(6) of the
Planning Act is delegated to the Manager under the following circumstances
only. In all other cases Council shall have all authority. Delegated authority to
the Manager shall include the authority to impose the standard approval
conditions under subsection 33(7) of the Planning Act at the discretion of the
Manager. This authority shall not include the power to refuse a demolition
control application. Delegated authority to the Manager shall only apply where
the residential property proposed to be demolished is not listed as a non -
designated property of cultural heritage value or interest and not designated
under the Ontario Heritage Act, RSO 190, c.0.18, as amended, and under at
least one of the following circumstances:
(a) where redevelopment of the residential property to be demolished is
proposed via the submission of a building permit application and/or site
plan application,(if applicable under Chapter 683 of the City of Kitchener
Municipal Code, and the applicant is in agreement with the imposition of
the standard approval conditions;
(b) where the residential property is within a draft plan of subdivision for which
a pre - servicing agreement has been registered; or
(c) in the opinion of the Manager the residential property poses a significant
threat to the health, safety, or security of the community.
Notwithstanding subsections 7.(a) to (c), at the discretion of the Manager, any
application may be directed to Council for final decision.
8. In cases where a site plan application has been submitted, if applicable under
Chapter 683 of the City of Kitchener Municipal Code, and a building permit has
been submitted for the imminent redevelopment of the lands subject to a
demolition control application, the approval authority must approve the
demolition control application and may impose the following standard approval
conditions. The redevelopment timeframe may be extended beyond two years at
the discretion of the approval authority, but shall in no cases be less than two
years. The Planning Act outlines the procedure related to such timelines. No
other conditions may be imposed:
(a) that the owner obtains final site plan approval for the proposed
redevelopment, if applicable under Chapter 683 of the City of Kitchener
Municipal Code; and
(b) that the owner obtains a building permit(s) for the proposed
redevelopment.
Upon satisfaction of subsections 8.(a) and (b), the City's Chief Building Official
may authorize and issue a demolition permit under subsection 33(6) of the
Planning Act. The demolition permit will be subject to the following condition:
That in the event that construction of the proposed redevelopment is not
substantially complete within 2 years of the date of issuance of the
demolition permit, the City Clerk may enter on the collector's roll, to be
collected in like manner as municipal taxes, $20,000 for each dwelling unit
contained in the residential properties in respect of which the demolition
permit is issued and such sum, shall, until payment thereof, be a lien or
charge upon the land in respect of which the permit to demolish the
residential property is issued.
9. In the case of a residential property having cultural heritage value or interest, the
approval authority may also request, though not require, that the owner sign an
undertaking allowing the members of the City's Heritage Committee and/or the
City's Heritage Planning staff the opportunity to enter the residential property to
photograph and document the building(s) before demolition occurs,
General
10, It is hereby declared that each and every of the foregoing sections of this by-law
is severable and that, if any provisions of this by-law 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 remain in full force and
effect,
11. By-law 91-324 and the contents of Chapter 620 are hereby repealed.
12, The Clerk of the City is hereby directed to make this by-law a part of The City of
Kitchener Municipal Code by adding it to the Concordance and arranging and
numbering it as Chapter 620 so as to fit within the scheme of the Code.
t-11 I bK__
PASSED at the Council Chambers in the City of Kitchener this day
of A, D. 2013.
Mayor
Clerk