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HomeMy WebLinkAboutChapter 642 - Heritage Property - Consent - AlterationsHERITAGE PROPERTY KITCHENER 642.1 JANUARY 2026 PROPERTY MAINTENANCE Chapter 642 HERITAGE PROPERTY CONSENT – ALTERATIONS Article 1 INTERPRETATION 642.1.1 Act - defined 642.1.2 Alter - defined 642.1.3 City - defined 642.1.4 Compliant - defined 642.1.5 Council - defined 642.1.6 Director – defined 642.1.7 Heritage attributes – defined 642.1.8 Heritage Conservation District - defined 642.1.9 Heritage Kitchener - defined 642.1.10 Heritage planning staff - defined 642.1.11 Owner - defined 642.1.12 Part IV application(s) - defined 642.1.13 Part V application(s) - defined 642.1.14 Property - 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/permit granted – compliant 642.2.5 Application – consent/permit – referred to Heritage Kitchener 642.2.6 Referral to Heritage Kitchener – conditions Article 3 DELEGATION OF GRANTING OF PERMITS ON PART V APPLICATIONS 642.3.1 Referral – to Council – for any reason 642.3.2 Delegation of authority to request information 642.3.3 Delegation of authority to extend timelines HERITAGE PROPERTY KITCHENER 642.2 JANUARY 2026 Article 4 GENERAL PROVISIONS 642.4.1 Validity Article 5 SEVERABILITY 642.5.1 Effective Date and Repeal of Previous By-law 642.5.2 Municipal Code WHEREAS section 9 of the Municipal Act, 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 under that or any other Act; AND WHEREAS section 11(3) 5 of the Municipal Act, 2001 provides that a municipality may pass by-laws within the culture, parks, recreation and heritage sphere of jurisdiction; AND WHEREAS section 8(1) of the Municipal Act, 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 affairs as they consider appropriate, and to enhance their ability to respond to municipa l issues; AND WHEREAS section 23.1 of the Municipal Act, 2001 provides that sections 9 and 11 of the Municipal Act, 2001 authorize a municipality to delegate its powers under the Municipal Act, 2001 or any Act, subject to certain limitations; AND WHEREAS sections 33 and 42 of the Ontario Heritage Act, R.S.O. 1990, c. O.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 Conservation District designated under Part V of the Ontario Heritage Act; AND WHEREAS pursuant to sections 33(15) and 42(16) of the Ontario Heritage Act, the Council of The Corporation of the City of Kitchener has consulted with its municipal heritage committee, Heritage Kitchener, respecting the delegation contained within this Chapter; HERITAGE PROPERTY KITCHENER 642.3 JANUARY 2026 Article 1 INTERPRETATION 642.1.1 Act – defined “Act” means the Ontario Heritage Act, R.S.O. 1990, c. O.18, as amended. 642.1.2 Alter – defined “Alter” means to change in any manner and includes to restore, renovate, repair, erect, or disturb and “alteration” and “altering” have corresponding meanings. For clarity, Alter does not mean to demolish or to permanently remove. 642.1.3 City – defined “City” means The Corporation of the City of Kitchener. 642.1.4 Compliant – defined “Compliant” means conforming to the City’s cultural heritage resource policies in the Official Plan, guidelines, and agreements, including any relevant Heritage Conservation District Plans, conservation easement agreements, designation by-laws, and Urban Design Guidelines, as well as accepted conservation standards and practices, including but not limited to, Parks Canada’s Standards and Guidelines for the Conservation of Historic Places in Canada, Ontario’s Eight Guiding Principles in the Conservation of Built Heritage Resources, and the Ontario Heritage Toolkit. 642.1.5 Council – defined “Council” means the Council of the City. 642.1.6 Director – defined “Director” means the Director of Development and Housing Approvals, and includes any designate or designates acting under their direction, or any successor in position title. 642.1.7 Heritage attributes – defined “Heritage attributes” means in relation to real property and the buildings and structures on the real property, the elements which contribute to the cultural heritage value or interest, as outlined in a designating by-law, Heritage Conservation District Plan, and/or easement agreement. 642.1.8 Heritage Conservation District – defined “Heritage Conservation District” means a heritage conservation district established under Part V of the Act. 642.1.9 Heritage Kitchener – defined “Heritage Kitchener” means the City’s municipal heritage committee established pursuant to the Act. HERITAGE PROPERTY KITCHENER 642.4 JANUARY 2026 642.1.10 Heritage Planning staff – defined “Heritage Planning staff” means the City’s Heritage Planner, the City’s Senior Heritage Planner, the City’s Manager of Site Plan, and the City’s Director of Development and Housing Approvals, and also includes any other individual or individuals to whom th e Director has delegated the responsibility and functions of Heritage Planning Staff under this By-law. 642.1.11 Owner – defined “Owner” means the registered owner or owner(s) listed on title with the Land Registry Office 642.1.12 Part IV application(s) – defined “Part IV application(s)” means an application under section 33 of the Act to alter a property designated under Part IV of the Act. 642.1.13 Part V application(s) – defined “Part V application(s)” means a heritage alteration permit application under section 42 of the Act for property located within a Heritage Conservation District. 642.1.14 Property – defined “Property” means real property and includes all buildings and structures thereon and includes a cultural heritage landscape. Article 2 DELEGATION OF CONSENT TO ALTERATIONS ON PART IV OR PART V APPLICATIONS 642.2.1 Authority – delegated to Director Council delegates to the Director all of the power that Council has respecting the process of granting its consent under section 33 of the Act or issuing a permit under section 42 of the Act including the ability to attach conditions, subject to the provis ions of this Chapter. The Director will provide advanced notice to the Heritage Conservation District representative, if applicable, or the Chair of Heritage Kitchener of all delegated matters, and will consider any feedback received as a result of such no tice in making their decision. 642.2.2 Application – consideration – Heritage Planning Staff Upon receipt of a Part IV or Part V application, Heritage Planning Staff shall consider the application and may recommend one of the following: (a) Refusal of the application; (b) Consent to the application or grant the permit with no conditions; or, (c) Consent to the application or grant the permit with conditions. HERITAGE PROPERTY KITCHENER 642.5 JANUARY 2026 642.2.3 Application – refusal – referred to Heritage Kitchener In the case of a recommendation as set out in Section 642.2.2(a), Heritage Planning Staff shall refer the application to Heritage Kitchener for recommendation and Council shall retain decision making power on the Part IV or Part V application. 642.2.4 Application – consented to/permit granted – compliant In the case of a recommendation as set out in Section 642.2.2(b) or (c), the Director may consent to the alteration of Part IV heritage properties or grant a permit for Part V heritage properties when the application is determined by the Director to be Com pliant, except in the circumstances set out in section 642.2.5. 642.2.5 Application – consent/permit – referred to Heritage Kitchener In the case of a recommendation as set out in Section 642.2.2(b) or (c), heritage planning staff will refer to Heritage Kitchener applications for Part IV and Part V properties in the following instances: (a) The removal of heritage attributes as identified in a designating by -law passed in accordance with section 29 of the Act (“Designating By-law"), Heritage Conservation District Plan adopted in accordance with section 41.1 of the Act (“Heritage Conservation District Plan”), or by Heritage Planning Staff as having cultural heritage value; (b) The construction of a detached accessory building on the property if the entire footprint is greater than 15 square metres (161 square feet), or a building addition; (c) The removal of a detached accessory building if the entire footprint is greater than 15 square metres (161 square feet), or a building addition; (d) Alterations that would have significant or adverse impact on the cultural heritage value of the property as identified in the Designation By-law, the Heritage Conservation District Plan, or by Heritage Planning Staff has having cultural heritage value; and (e) The application is highly complex, including, but not limited to, situations in which, in the opinion of the Director, or pursuant to the Act, a heritage impact assessment, conservation plan, or other heritage-related study is required to be submitted. 642.2.6 Referral to Heritage Kitchener – conditions Where Heritage Planning Staff refer a Part IV or Part V application to Heritage Kitchener pursuant to section 642.2.4 and: (a) If Heritage Kitchener unanimously recommends consent to the Part IV application or granting of the permit to the Part V application with or without conditions that are the same as recommended by Heritage Planning staff, then the Director shall consent to the Part IV application or grant the permit of the Part V application; or (b) if Heritage Kitchener recommends that a Part IV or Part V application be HERITAGE PROPERTY KITCHENER 642.6 JANUARY 2026 refused, or consented to or permit granted with or without condition(s) that are different than those recommended by Heritage Planning staff, or be consented to or granted without unanimous recommendation of approval, then Council shall retain decision making power on the Part IV or Part V application. Article 3 GENERAL PROVISIONS 642.3.1 Referral – to Council – for any reason Notwithstanding any other provision of this Chapter, the Director may refer any Part IV application and any Part V application to Council at any time. 642.3.2 Delegation of authority to request information Council delegates to the Director all of the power that Council has to request such information as Council may require from the owner respecting a Part IV application and a Part V application. 642.3.3 Delegation of authority to extend timelines Council delegates to the Director all of the power that Council has to agree in writing with the property owner to the extension of any time limit under the Act, or agree that any time limit does not apply within which Council must make a decision under the Act for any of the following: (a) The exception to prescribed event in subsection 29(1.2) of the Act; (b) The prescribed circumstances to subsection 29(8)1 of the Act; (c) An application made under section 32 of the Act; (d) An application made under section 33 of the Act; (e) An application made under section 42 of the Act; and (f) As may be otherwise permitted or prescribed under the Act. Article 4 SEVERABILITY 642.4.1 Validity It is hereby declared that each and every 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 remain in full force and effect. Article 5 GENERAL 642.5.1 Effective Date and Repeal of Previous By-law This By-law shall come into effect on the date of its passing, and By -law No. 2009-089 shall be repealed on the date that this By-law comes into effect. HERITAGE PROPERTY KITCHENER 642.7 JANUARY 2026 642.5.2 Municipal Code 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 so as to fit within the scheme of the Code. Enactment: By-law 2025-156, 15 December 2025.