HomeMy WebLinkAboutChapter 315 - Development ChargesKITCHENER 315.1 MARCH 2026
FINANCIAL
Chapter 315
DEVELOPMENT CHARGES
Contents
DEVELOPMENT CHARGES ..................................................................................................... 1
Section 1 – Interpretation .................................................................................................... 4
Section 2 – Application and Exemptions ............................................................................ 8
Section 3 – Residential Development Charges .................................................................10
Section 4 – Non-Residential Development Charges .........................................................10
Section 5 – Mixed Use ......................................................................................................... 11
Section 6 – Administration ................................................................................................. 11
Section 7 – General Provisions ..........................................................................................14
Section 8 – Repeal-Enactment ...........................................................................................14
Schedule 'A' – Services - Designations .............................................................................16
Schedule `B' – Development Charge Rates .......................................................................17
Schedule ‘C1’ – Central Neighbourhoods .........................................................................18
Schedule ‘C2’ – Suburban Area ..........................................................................................19
Schedule 'D' – Exception Relating to the Creation of Additional Dwelling Units in
Existing Residential Buildings ...........................................................................................20
Schedule 'D' – Exception Relating to the Creation of Additional Dwelling Units in New
Residential Buildings ..........................................................................................................21
KITCHENER 315.2 MARCH 2026
_________________________________________________________
WHEREAS subsection 2(1) of the Development Charges Act, 1997, c. 27 (the Act")
authorizes the council of a municipality to pass by-laws for the imposition of development
charges against land to pay for increased capital costs required because of increased
needs for services arising from development of the area to which the by-law applies;
AND WHEREAS the Council of The Corporation of the City of Kitchener ("City of
Kitchener") has given Notice in accordance with Section 12 of the Act of its intention to
pass a by-law under Section 2 of the said Act;
AND WHEREAS the Council of the City of Kitchener has heard all persons who applied
to be heard no matter whether in objection to, or in support of, the development charge
proposal at a public meeting held on April 25, 2022;
AND WHEREAS the Council of the City of Kitchener had before it a report entitled
Development Charges Background Study dated March 31, 2022 (the "Study") prepared
by Hemson Consulting Ltd., wherein it is indicated that the development of any land within
the City of Kitchener will increase the need for services as defined herein;
AND WHEREAS copies of the background study were made available on March 31, 2022
and copies of the proposed development charges by -law were made available on April
11, 2022 to the public in accordance with Section 12 of the Act;
AND WHEREAS the Council of the City of Kitchener on May 30, 2022 approved the
applicable Development Charges Background Study, dated March 31, 2022, in which
certain recommendations were made relating to the establishment of a development
charge policy for the City of Kitchener pursuant to the Development Charges Act, 1997;
AND WHEREAS by resolution adopted by Council of The Corporation of the City of
Kitchener on May 30, 2022, Council determined that the increase in the need for services
attributable to the anticipated development as contemplated in the Development Charges
Background Study dated March 31, 2022, as amended including any capital costs, will be
met by updating the capital budget and forecast for the City, where appropriate;
AND WHEREAS by Resolution adopted by Council on May 30, 2022, Council approved
the Study and determined that no further public meetings were required under Section 12
of the Act;
AND WHEREAS by resolution adopted by Council of The Corporation of the City of
Kitchener on May 30, 2022, Council determined that the future excess capacity identified
in the Development Charges Background Study dated March 31,2022 shall be paid for
by the development charges contemplated in the said Development Charges Background
Study, or other similar charges;
AND WHEREAS the Council has given consideration of the use of more than one
development charge by-law to reflect different needs for services in different areas, also
known as area rating or area specific DCs, and has determined that for the services, and
associated infrastructure proposed to be funded by DCs under this by-law, that it is fair
KITCHENER 315.3 MARCH 2026
and reasonable that the charges be calculated on a municipal -wide and area-specific
basis;
AND WHEREAS the Development Charges Background Study dated March 31,2022
includes an Asset Management Plan that deals with all assets whose capital costs are
intended to be funded under the development charge by-law and that such assets are
considered to be financially sustainable over their full life-cycle;
AND WHEREAS the Council of the City of Kitchener will give consideration to incorporate
the asset management plan outlined in the Development Charges Background Study
within the City of Kitchener's ongoing practices and corporate asset management
strategy.
_________________________________________________________
KITCHENER 315.4 MARCH 2026
Section 1
Interpretation
Definitions
1.1 In this By-law:
"accessory use" means a use, including a building, which is commonly incidental,
subordinate and exclusively devoted to the main use or main building situate on the same
lot;
"agricultural use" means the use of land and buildings for apiaries, fish farming, animal
husbandry or the cultivation of trees, shrubs, flowers, grains, sod, fruits, vegetables and
other crops or ornamental plants ("agricultural products") but shall not include any building
or structure where agricultural products are displayed for sale in more than twenty -five
per cent of the gross floor area of such building or structure;
"capital cost" has the same meaning it has pursuant to the Act;
"development" means any activity or proposed activity in respect of land that requires one
or more of the actions referred to in Section 2.3, and includes redevelopment;
"development charge" means a development charge imposed pursuant to this by- law;
"duplex" means a dwelling or residential building divided predominantly horizontally into
two dwelling units;
"dwelling unit" means a room or suite of rooms which:
(a) is located in a building (including a non-residential building),
(b) is occupied or designed to be occupied by a household as a single,
independent and separate housekeeping establishment,
(c) contains both a kitchen and bathroom for the exclusive common use of the
occupants thereof, an
(d) has a private entrance leading directly from outside the building or from a
common hallway or stairway inside the building;
"excess capacity" means uncommitted excess capacity but excludes uncommitted
excess capacity if, either before or at the time the excess capacity was created, the
Council of the City expressed a clear intention that the excess capacity would be paid for
by development charges or other similar charges;
"existing industrial building" means an industrial building or buildings that existed on July
1, 2022 or the first building or buildings constructed and occupied on a vacant site
pursuant to a site plan approval under section 41 of the Planning Act subsequent to July
1, 2022 for which full development charges were paid;
"floor area" means the area of floors of a building or structure measured between the
outside surfaces of exterior walls or between the outside surfaces of exterior walls and
KITCHENER 315.5 MARCH 2026
the centre line of party walls, and in the case of a dwelling unit includes only those floor
areas above grade. This shall not include any area which is specifically designed for
parking and is not being used for the repair or sale of vehicles;
"grade" means the average level of finished ground adjoining a dwelling unit at all exterior
walls;
"gross floor area" means the total floor area of a building or structure;
"growth-related net capital cost" means the portion of the net capital cost of services that
is reasonably attributable to the need for such net capital cost that results or will result
from the anticipated development in all or a defined part of the City less the City's excess
capacity and the extent to which an increase in service to meet the increased need will
benefit existing development within the City;
"home business" means a vocational use, as permitted by the applicable City zoning by -
law, conducted in a dwelling unit which is secondary to the use of the dwelling unit as a
private residence;
"hospital" means a hospital as defined in the Public Hospitals Act, R.S.O. 1990, c. P.40;
"household" means one or more persons living together as a single non -profit,
housekeeping unit, sharing all areas of the dwelling unit and may, in addition, be designed
to accommodate lodging units containing less than four residents;
"industrial building" means a building used in connection with:
(a) manufacturing, producing, processing, storing (but only where the storage is
ancillary to related manufacturing, production, processing or distribution) or
distributing something;
(b) research or development in connection with manufacturing, producing or
processing something;
(c) retail sales by a manufacturer, producer or processor of something they
manufactured, produced or processed, if the retail sales are at the site where
the manufacturing, production or processing takes place; or,
(d) office or administrative purposes, if they are,
i. carried out with respect to manufacturing, producing, processing, storage
or distributing of something, and,
ii. in or attached to the building or structure used for that manufacturing,
producing, processing, storage or distribution;
"local board" means a municipal service board, transportation commission, public library
board, board of health, police services board, planning board or any other board,
commission, committee, body or local authority established or exercising any power
under any Act with respect to any of the affairs or purposes of the City or the Regional
Municipality of Waterloo (the "Region") or any part or parts thereof, excluding a school
board, a conservation authority and any other board excluded under any general o r
special act;
KITCHENER 315.6 MARCH 2026
"local services" means services related to a plan of subdivision or within the area to which
the plan relates, to be installed or paid for by the owner as a condition of approval under
section 51 of the Planning Act, or as a condition of approval under section 53 of the
Planning Act;
"lodging house" means a dwelling or residential building containing one or more lodging
units designed to accommodate four or more residents. The residents may share
common areas of the dwelling other than the lodging units, and do not appear to function
as a household. This shall not include a group home, nursing home, hospital or any
residential care facility licensed, approved, or supervised under any general or specific
act, or a hotel or motel. This shall include but not be limited to student residences,
convents, unlicensed nursing homes and tourist homes;
"lodging unit" means a room or set of rooms located in a lodging house designed or
intended to be used for sleeping and living accommodation, which:
(a) is designed for the exclusive use of the resident or residents of the unit;
(b) is not normally accessible to persons other than the resident or residents of the
unit; and
(c) may contain either a bathroom or kitchen but does not contain both for the
exclusive use of the resident or residents of the unit,
but does not include a unit or room in a hotel, motel, nursing or retirement home, group
home, or hostel designed for human habitation; •
"multiple dwelling" means a dwelling or residential building containing three or more
dwelling units, but shall not include townhouse or row dwellings;
"net capital cost" means the capital cost less capital grants, subsidies and other
contributions made to the City or that the Council of the City anticipates will be made but
only to the extent that the grant, subsidy or other contribution is clearly inten ded by the
person making it to benefit new development and includes conveyances or payments
under sections 42, 51.1 and 53 of the Planning Act, in respect of the capital cost;
"non-residential use" means the use of land, building or structures for a use other than
residential use, including all commercial, industrial and institutional uses and excluding
agricultural uses;
"owner" means the owner of land or a person who has made application for an approval
for the development or redevelopment of land upon which a development charge is
imposed;
"residential use" means the use of land, buildings or structures for one or more single
detached, semi-detached, townhouse, row dwelling, multiple dwelling or duplex dwelling
units and lodging houses;
"semi-detached dwelling" means a dwelling or residential building divided predominantly
vertically into two dwelling units;
KITCHENER 315.7 MARCH 2026
''services" means services designated in Schedule "A" attached to this by-law;
"single-detached dwelling" means a dwelling or residential building consisting of one
dwelling unit and not attached to another residential structure, and shall include a mobile
home located on a foundation;
"site" means a parcel of land which can be legally conveyed pursuant to section 50 of the
Planning Act and includes a development having two or more lots consolidated under one
identical ownership; and,
"townhouse or row dwelling" means a dwelling or residential building divided
predominantly vertically into three or more attached dwelling units, each of which has a
separate entrance from the outside.
Interpretation
1.2 This by-law shall be construed in accordance with the Act and the regulations
thereunder, and the definitions in Section 1.1 shall be read with any necessary
modifications as may be required in order to comply with the Act and the
Regulation, or any successor legislation, as amended from time to time. Subject
to the foregoing, undefined words in this By-law for which definitions exist within
the applicable Zoning By-law of the City of Kitchener shall be interpreted and
applied in accordance with the said Zoning By-law. The intention of this By-law is
that it shall be interpreted and applied in a manner so that there is consistency
between the Act, any regulations passed thereunder, and the applicable Zoning
By-law of the City.
Declaration
1.3 It is hereby declared by the Council that all development of land within the City will
increase the need for services.
Statutory Contents of By-law
1.4 For purpose of complying with section 6 of the Act, rules have been developed as
follows:
Rule Location Reference
The rules for determining if a development charge is
payable in any particular case and for determining
the amount of the charge
Section 2. 3 and Schedule “B”
The rules for determining the exemptions to
development charges
Section 2.2
The rules for determining the indexing of
development charges
Sections 7.2 and 7.3
The rules respecting the redevelopment of land Section 6.8 to 6.10
The area of the municipality to which this By- law
Relates
Section 2.1
KITCHENER 315.8 MARCH 2026
Section 2
Application and Exemptions
Geographic Application
2.1 Subject to section 2.2, this by-law applies to all lands within the City of Kitchener
and any lands outside the City of Kitchener to which services are provided by the
City, whether or not the land or use thereof is exempt from taxation under section
3 of the Assessment Act, R.S.O. 1990, c.A.31.
Exceptions
2.2 This by-law does not apply to land owned by and used for the purposes of:
(a) a board of education as defined by subsection 1(1) of the Education Act, R.S.O.
1990, c.E.2;
(b) the City of Kitchener or any local board thereof;
(c) the Region or any local board thereof;
(d) any area municipality within the Region; and
(d) the Crown in right of Ontario or the Crown in right of Canada.
Imposition of Development Charges
2.3 Subject to sections 2.4 to 2.9 inclusive, development charges shall apply on land
to be developed for residential and non-residential use, where the development or
redevelopment requires one or more of the following approvals:
(a) the passing of a zoning by-law or of an amendment thereto under section 34 of
the Planning Act, R.S.O. 1990, c. P. 13;
(b) the approval of a minor variance under section 45 of the Planning Act, R.S.O.
1990, c. P. 13;
(c) a conveyance of land to which a by-law passed under subsection 50(7) of the
Planning Act, R.S.O. 1990, c. P. 13 applies;
(d) the approval of a plan of subdivision under section 51 of the Planning Act,
R.S.O. 1990, c. P. 13;
(e) a consent under section 53 of the Planning Act, R.S.O. 1990, c. P. 13;
(f) the approval of a description under section 9 of the Condominium Act, S.O.
1998, c. 19; or
(g) the issuing of a permit under the Building Code Act, 1992, S.O. 1992, c.23 (the
"Building Code"), in relation to a building or structure.
2.4 Section 2.3 shall not apply in respect of:
(a) local services; or
(b) local connections to water mains, sanitary sewers and storm drainage facilities
installed at the expense of the owner including amounts imposed under a by -
law passed under section 326 of the Municipal Act, 2001, c. 25, as amended.
KITCHENER 315.9 MARCH 2026
2.5 Where two or more of the actions described in section 2.3 are required before the
land to which a development charge applies can be developed or redeveloped,
only one development charge shall be imposed, calculated and collected in
accordance with the provisions of this by-law.
2.6 Despite section 2.5, if two or more of the actions described in section 2.3 occur at
different times and if the subsequent action or actions has the effect of increasing
the need for services as designated in this by-law, additional development charges
shall be imposed, calculated and collected in accordance with the provisions of
this by-law.
2.7 Section 2.3 shall not apply to:
(a) a temporary use permitted under a zoning by-law enacted under sections 39 or
39.1of the Planning Act, R.S.O. 1990, c.P.13;
(b) an accessory use to residential uses;
(c) a home business;
(d) an agricultural use;
(e) temporary erection of a building without foundation for a period not exceeding
six consecutive months and not more than six months in any one calendar year
on a site for which development charges or lot levies have previously been
paid; and
(f) the enlargement of a new or existing dwelling unit or the creation of additional
dwelling units as prescribed by Ontario Regulation 82/98 and set out in
Schedule "D" attached hereto, and as such Regulation may be amended from
time to time, provided that:
i. the number of dwelling units created in the renovated or enlarged
residential building does not exceed the applicable maximum number of
additional dwelling units set out in Schedule "D" attached hereto, and the
total gross floor area of the additional dwelling units does not exceed the
applicable maximum gross floor area provisions set out in Schedule "D"
attached hereto; and
ii. no more than one or two additional dwelling units, notwithstanding rental
residential buildings, in accordance with this subsection may ever be
created without the imposition of development charges.
2.8 Development charges as set out in Sections 3, 4, and 5 of this by -law shall apply
to all lands that are developed or redeveloped for residential and non -residential
use in accordance with this by-law, but only insofar as:
(a) the growth-related net capital costs of services are attributable to residential or
non-residential use, as the case may be; and,
(b) the growth-related net capital cost of each service is attributable to the
anticipated development and at standards no higher than the average level of
each such service provided by the City over the ten year period immediately
preceding the preparation of the Study.
KITCHENER 315.10 MARCH 2026
Section 3
Residential Development Charges
3.1 Development charges against land to be developed or redeveloped for residential
use shall be based upon the services to be provided by the City which are
designated in Schedule "A" attached hereto.
3.2 Subject to the provisions of this by-law, development charges are hereby imposed
against land to be developed or redeveloped for residential use located within the
Suburban Area the boundary of which is shown on Schedule "C-2" attached hereto
and shall be calculated and collected at the rates set out in Schedule "B" attached
hereto.
3.3 Subject to the provisions of this by-law, development charges are hereby imposed
against land to be developed or redeveloped for residential use located within the
Central Neighbourhoods the boundary of which is shown on Schedule "C -1"
attached hereto and shall be calculated and collected at the rates set out in
Schedule "B" attached hereto.
3.4 Subject to the provisions of this by-law, development charges against land to be
developed or redeveloped for mixed residential use shall be the aggregate of the
amount applicable for each dwelling unit according to its type as set forth in
Schedule "B" attached hereto.
3.5 Where Subsection 26.2(1)(a) or (1)(b) of the Act apply to a development for the
purposes of determining the amount of the development charge, interest shall be
charged on the development charge in accordance with Corporate Policy, as may
be amended from time to time with Council approval.
Section 4
Non-Residential Development Charges
4.1 Development charges against land to be developed or redeveloped for non -
residential use shall be based upon the services to be provided by the City which
are designated in Schedule "A" attached hereto.
4.2 Subject to the provisions of this by-law, development charges are hereby imposed
against land to be developed or redeveloped for non-residential use located in the
Suburban Area the boundary of which is shown on Schedule "C-2" attached hereto
and shall be calculated and collected at the rate set out in Schedule "B" attached
hereto
4.3 Subject to the provisions of this by-law, development charges are hereby imposed
against land to be developed or redeveloped for non-residential use in the Central
Neighbourhoods the boundary of which is shown on Schedule "C -1" attached
hereto and shall be calculated and collected at the rate set out in Schedule "B"
attached hereto.
KITCHENER 315.11 MARCH 2026
4.4 Despite anything in this by-law, there shall be an exemption from the payment of
development charges for one or more enlargements of an existing industrial
building on a site in accordance with the Act and the Regulation.
4.5 Despite anything in this by-law, there shall be an exemption from the payment of
development charges in respect of any enlargement of a hospital.
4.6 Where Subsection 26.2(1)(a) or (1)(b) of the Act apply to a development for the
purposes of determining the amount of the development charge, interest shall be
charged on the development charge in accordance with Corporate Policy, as may
be amended from time to time with Council approval.
Section 5
Mixed Use
5.1 Subject to the provisions of this by-law, development charges against land to be
developed or redeveloped for mixed residential and non-residential use shall be
the aggregate of the amount applicable to the residential component and the
amount applicable to the gross floor area of the non- residential component.
5.2 Where Subsection 26.2(1)(a) or (1)(b) of the Act apply to a development for the
purposes of determining the amount of the development charge, interest shall be
charged on the development charge in accordance with Corporate Policy, as may
be amended from time to time with Council approval.
Section 6
Administration
Payment
6.1 All development charges required to be paid to the City pursuant to this by -law
shall be paid by a method acceptable to the Treasurer of the City.
Calculations
6.2 Subject to the provisions of this Section, development charges shall be calculated
and payable in accordance with Section 26.1 and Section 26.2 of the Act.
6.3 Where subsections 26.1 and 26.2 of the Act do not apply, the development charges
shall be calculated and payable in full on the date that a building permit is issued
in relation to a building or structure on land to which a development charge applies.
6.4 Where development charges apply to land where a building permit is required, no
building permit shall be issued until the development charge is paid in full in
accordance with subsection 26.1 and 26.2 of the Act.
KITCHENER 315.12 MARCH 2026
6.5 Notwithstanding subsections 6.3 and 6.4, developments to which Section 26.1
applies only, shall payable in installments in accordance with the requirements of
subs,ec1io11 26..1 iir1c!udiir1g applicable lnteres.t, or in accordance with the
terms of an agreement entered into with the City pursuant to section 27 of the Act.
6.6 Despite section 6.2, the City may require that development charges applicable with
respect to the services described in subsections 2.9 (a) to (d) inclusive of this by-
law ("Engineering Services"), be calculated as set forth in Schedule "B" hereto and
payable immediately upon the execution of a subdivision agreement under section
51 of the Planning Act, R.S.O. 1990, c. P. 13. or a consent agreement under section
53 of the Planning Act, R.S.O. 1990, c. P. 13., with respect to the lands to which
such agreement, as the case may be, relates.
Credits
6.7 The City may by agreement permit the owner of land to which development
charges apply to provide services for development or redevelopment of that land
in lieu of the payment of all or any portion of a development charge, including
services additional to or of a greater size or capacity than is required under this by-
law ("services in lieu").
6.8 8 Upon proof of the installation or construction of services in lieu to the satisfaction
of the City's Engineer, a credit, without interest, shall be applied against
development charges payable for an amount equal to the reasonable cost to the
owner of providing services in lieu, as determined by the City's Engineer, not to
exceed the total amount of the development charges otherwise payable.
6.9 Any unused credit may be applied, upon proof satisfactory to the City's Chief
Building Official, to any subsequent development charge payable with respect to
the same land as referred to in section 6.5, or transferred and applied to any
development charge payable with respect to other land owned by the same owner
to be developed or redeveloped with the consent of the City on terms satisfactory
to the City Solicitor.
Redevelopment Allowances
6.10 Subject to the provisions of this section, where any redevelopment or re- use of
land replaces or changes a former or existing development and, in the case of
demolition upon proof of issuance of a demolition permit for the land being
provided, the development charge applicable to the redevelopment or re-use shall
be reduced by a redevelopment allowance, without interest, not to exceed an
amount equal to the total of:
(a) the number and types of legally established residential units in the former or
existing development; and
(b) the legally established non-residential gross floor area of the former or existing
development,
KITCHENER 315.13 MARCH 2026
as determined by the Chief Building Official, or his or her designate, at the rates
applicable to such units or gross floor area at the time the first building permit for
the re-development is issued.
6.11 No redevelopment allowance shall be made in excess of the development charge
payable for a redevelopment; however, the redevelopment allowance may be
carried forward and applied, upon proof satisfactory to the City's Chief Building
Official, to any subsequent development charge payable with respect to the same
land as referred to in section 6.8.
6.12 A credit can, in no case, exceed the amount of the development charge that would
otherwise be payable, and no credit is available if the existing built form is exempt
under this by-law.
6.13 The availability of redevelopment allowances is time-limited, and such availability
shall expire in accordance with the following:
(a) Where a demolition permit was issued after the passing of this By- law:
i. For the redevelopment of former residential lands, redevelopment
allowances shall not be available later than the fifth anniversary of the date
on which a demolition permit was issued in respect of the applicable
buildings or structures on the lands; and,
ii. For redevelopment of former non-residential lands, redevelopment
allowances shall not be available later than the tenth anniversary of the
date on which a demolition permit was issued in respect of the applicable
buildings; or structures on the lands; and,
(b) Where a demolition permit was issued prior to the passing of this By -law:
i. For the redevelopment of former residential lands, redevelopment
allowances shall not be available later than the tenth anniversary of the
date on which a demolition permit was issued in respect of the applicable
buildings or structures on the lands; and,
ii. For redevelopment of former non-residential lands, redevelopment
allowances shall not be available later than the twentieth anniversary of
the date on which a demolition permit was issued in respect of the
applicable buildings.
6.14 Despite section 6.10, where the applicable timeframes in section 6.10 have not
expired, a record of site condition is required for the development of lands, and the
process to obtain the record of site condition is underway and is being pursued
with all due dispatch, the Chief Building Official may grant one or more extensions
to the expiration dates in section 6.10 to alleviate the delay occasioned by the
necessity of obtaining a record of site condition, provided that no such extension
(or the cumulative effect of multiple extensions) shall result in a total extension
exceeding ten years in relation to any site.
KITCHENER 315.14 MARCH 2026
Reserve Funds
6.15 Monies received from payment of development charges shall be maintained in a
separate reserve fund or funds, and shall be used only to meet the growth -related
net capital costs for which the development charge was imposed under this by -
law.
6.16 Income received from investment of the development charge reserve fund or funds
shall be credited to the development charge reserve fund or funds in relation to
which the investment income applies.
6.17 Where any development charge, or part thereof, remains unpaid after the due date,
the amount unpaid shall be added to the tax roll and shall be collected as taxes.
6.18 Where any unpaid development charges are collected as taxes under section 6.14,
the monies so collected shall be credited to the development charge reserve fund
or funds referred to in section 6.12.
Section 7
General Provisions
7.1 This by-law shall be administered by the City's Chief Building Official and the City's
Treasurer, and their respective designates.
Annual Adjustment
7.2 The development charges imposed pursuant to this By -law shall be adjusted
annually, without amendment to this by-law, as of the 1st day of December in each
year, in accordance with the index prescribed by Ontario Regulation 82/98 and as
such Regulation may be amended from time to time.
7.3 The minimum interest rate that the City shall pay under subsection 18(3) and 25(2)
of the Development Charges Act, 1997, c.27 in relation to a development charges
by-law shall be the Bank of Canada interest rate on the day the by-law comes into
force and thereafter as such rate is adjusted on the first business day of every
January, April, July and October of each year.
Section 8
Repeal-Enactment
8.1 This by-law shall come into force and effect on July 1, 2022.
8.2 This by-law shall continue in force and effect for a term not to exceed five years
from the date of its coming in to force and effect unless it is repealed or replaced
at an earlier date by a subsequent by-law.
KITCHENER 315.15 MARCH 2026
8.3 Nothing in this by-law shall be construed so as to commit or require the City or it's
Council to authorize or proceed with any specific capital project at any specific
time.
8.4 Each and every provision of this by-law is severable and, if any provision or
provisions of this by-law should, for any reason, be declared invalid by any court,
it is the intention of Council that each and every of the then remaining provisions
of this by-law shall remain in full force and effect.
8.5 The Clerk is hereby directed to make this by-law a part of The City of Kitchener
Municipal Code as Chapter 315 by adding it to the Concordance and arranging
and numbering it so as to fit within the scheme of the Code.
8.6 By-law No. 2019-086 and the contents of Chapter 315 of The City of Kitchener
Municipal Code, as amended, are hereby repealed effective at midnight on June
30, 2022.
By-law 2022-071, 30 May, 2022
KITCHENER 315.16 MARCH 2026
Schedule 'A'
Services – Designations
SERVICES DESIGNATION
Residential/Non-residential
1. Sanitary Servicing
2. Services Related to a Highway:
a. Public Works
b. Roads and Related
3. Watermains
4. Engineering Studies
5. Storm/Watercourse
6. Intensification Allowance
7. Fire Protection
8. Growth-Related Studies
Residential
9. Library
10. Indoor Recreation
11. Outdoor Recreation
KITCHENER 315.17 MARCH 2026
Schedule `B'
Development Charge Rates
Residential Charge by Unit Type No
Residential
charge per
m2
Singles &
Semis
Townhouse Multiples &
Duplexes
Lodging
Houses
Total Suburban $24, 733 $17,370 $12,505 $7,027 $75.75
Total Suburban Partial Services -
No Sanitary Sewer
$20,403 $14,329 $10,316 $5,797 $48.55
Total Suburban Partial Services -
No Sanitary Sewer or Water
$19,977
$14,030 $10,100 $5,676 $45.87
Total Central Neighbourhood $16,612 $11,667 $8,399 $4,719 $25.08
Note: 1 square metre = 10.761 square feet.
KITCHENER 315.18 MARCH 2026
Schedule ‘C1’
Central Neighbourhoods
KITCHENER 315.19 MARCH 2026
Schedule ‘C2’
Suburban Area
KITCHENER 315.20 MARCH 2026
Schedule 'D'
Exception Relating to the Creation of Additional Dwelling Units in Existing
Residential Buildings
Name of Class of
Existing Residential
Building
Description of
Class of Existing
Residential
Buildings
Maximum number
of additional
dwelling units
Restrictions
Existing single
detached dwellings
Existing residential
buildings, each of
which contains a
single dwelling unit,
that are not attached
to other buildings.
Two
The total gross floor
area of the additional
dwelling unit or units
must be less than or
equal to the gross
floor area of the
dwelling unit already
in the building.
Existing semi-
detached dwellings
or row dwellings
Existing residential
buildings, each of
which contains a
single dwelling unit,
that have one or two
vertical walls, but no
other parts, attached
to other buildings.
One The gross floor area
of the additional
dwelling unit must be
less than or equal to
the gross floor
area of the dwelling
unit already in the
building.
Existing rental
residential buildings
Existing residential
rental buildings, each
of which contains
four or more dwelling
units.
Greater of one and
1% of the existing
units in the building
None
Other existing
residential buildings
An existing
residential building
not in another class
of residential building
described in this
table.
One The gross floor area
of the additional
dwelling unit must be
less than or equal to
the gross floor area
of the smallest
dwelling unit already
in building.
KITCHENER 315.21 MARCH 2026
Schedule 'D'
Exception Relating to the Creation of Additional Dwelling Units in New Residential
Buildings
Name of Class of Proposed
New Residential
Description of Class of
Proposed New Residential
Buildings
Restrictions
Proposed new detached
dwellings
Proposed new residential
buildings that would not be
attached to other buildings
and that are permitted to
contain a second dwelling
unit, that being either of the
two dwelling units, if the units
have the same gross floor
area, or the smaller of the
dwelling units.
The proposed new detached
1 dwelling must only contain
two dwelling units.
The proposed new detached
dwelling must be located on a
parcel of land on which no
other detached dwelling,
semi-detached dwelling or
row dwelling would be
located.
Proposed new semi-
detached dwellings or row
dwellings
Proposed new residential
buildings that would have one
or two vertical walls, but no
other parts, attached to other
buildings and that are
permitted to contain a second
dwelling unit, that being
either of the two dwelling
units, if the units have the
same gross floor area, or the
smaller of the dwelling units.
The proposed new semi-
detached dwelling or row
dwelling must only contain
two dwelling units.
The proposed new semi-
detached dwelling or row
dwelling must be located on a
parcel of land on which no
other detached dwelling,
semi-detached dwelling or
row dwelling would be
located.
Proposed new residential
buildings that would be
ancillary to a proposed new
detached dwelling, semi-
detached dwelling or row
dwelling
Proposed new residential
buildings that would be
ancillary to a proposed new
detached dwelling, semi-
detached dwelling or row
dwelling and that are
permitted to contain a single
dwelling unit.
The proposed new detached
dwelling, semi-detached
dwelling or row dwelling, to
which the proposed new
residential building would be
ancillary, must only contain
one dwelling unit.
The gross floor area of the
dwelling unit in the proposed
new residential building must
be equal to or less than the
gross floor area of the
detached dwelling, semi-
detached dwelling or row
dwelling to which the
proposed new residential
building is ancillary,