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HomeMy WebLinkAboutChapter 620 - Demolition ControlKITCHENER 620.1 SEPTEMBER 2024 PROPERTY MAINTENANCE Chapter 620 DEMOLITION CONTROL Article 1 INTERPRETATION 620.1.1 Approval authority - defined 620.1.2 Building Code Act - defined 620.1.3 Chief Building Official - defined 620.1.4 City - defined 620.1.5 Council - defined 620.1.6 Dwelling unit - defined 620.1.7 Director of Development and Housing Approval - defined 620.1.8 Lodging house - defined 620.1.9 Lodging unit - defined 620.1.10 Manager of Development Approvals of the Development and Housing Approvals Division - defined 620.1.11 Ontario Heritage Act - defined 620.1.12 Municipal Act – defined 620.1.13 Standard approval conditions - defined Article 2 DEMOLITION CONTROL 620.2.1 Provisions - intended - Planning Act 620.2.2 Provisions - not intended - Planning Act 620.2.3 Area - limited - as set out 620.2.4 Permit - required 620.2.5 Exemptions - set out - demolition permitted 620.2.6 Authority to approve demolition 620.2.7 Application for approval - directed to Council 620.2.8 Redevelopment - approval required – condition 620.2.9 Permit issue - redevelopment time limitation – fine 620.2.10 Heritage property of interest - examination DEMOLITION CONTROL KITCHENER 620.2 SE 2024 Article 3 SEVERABILITY 620.2.11 Validity Validity Article 4 REPEAL 620.4.1 By-law - previous 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 section 99.1 of the Municipal Act, 2001, S. O. 2001, c. 25, as amended, a municipality may prohibit and regulate the demolition of residential rental properties and may prohibit and regulate the conversion of residential rental properties to a purpose other than the purpose of a residential rental property, and, in accordance with section 99.1(3), a municipality cannot prohibit or regulate the demolition or conversion of a residential rental property that contains less than six dwelling units; 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 maybe 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; KITCHENER 620.3 SEPTEMBER 2024 Article 1 INTERPRETATION 620.1.1 Approval authority - defined "approval authority" means Council or Manager, depending on the circumstance as described in Section 620.2.6. 620.1.2 Building Code Act - defined "Building Code Act, 1992" means the Building Code Act, 1992, S.O. 1992, c. 23, as amended. 620.1.3 Chief Building Official - defined "Chief Building Official" means the Chief Building Official of the City and shall include a delegate or delegates thereof 620.1.4 City - defined "City" means The Corporation of the City of Kitchener. 620.1.5 Council - defined "Council" means the Council of The Corporation of the City of Kitchener. 620.1.6 Dwelling unit - defined "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. 620.1.7 Director of Development and Housing Approvals - defined "Director of Development and Housing Approvals” means the Director of Development and Housing Approvals for the City, their designate, or successor thereto. 620.1.8 Lodging House - defined “Lodging House” means a dwelling unit where five or more persons, not including a resident owner of the property, may rent a lodging unit and where the kitchen and other areas of the dwelling unit are shared amongst the persons occupying the dwelling unit. Lodging house can include student residences but shall not include a group home; hospital; and small residential care facility or large residential care facility licensed, approved or supervised under any general or specific Act; or a hotel as defined in Zoning By-law 2019-051. 620.1.9 Lodging Unit - defined “Lodging Unit” means a room or set of rooms located in a lodging house or other dwelling 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 residents or residents of the unit; and, c) does not have both a bathroom and a kitchen for the exclusive use of the resident or residents of the unit. DEMOLITION CONTROL KITCHENER 620.4 SE 2024 620.1.10 Manager of Development Approvals of the Development and Housing Approvals Division - defined “Manager of Development Approvals” means the Manager of Development Approvals of the Development and Housing Approvals Division for the City, their designate, or any successors thereto. In the absence or unavailability of said Manager of Development Approvals, this term shall also mean the City’s Director of Development and Housing Approvals. 620.1.11 Ontario Heritage Act – defined " Ontario Heritage Act” means the Ontario Heritage Act, R.S.O. 1990, c. O.18. 620.1.12 Municipal Act - defined “Municipal Act” means the Municipal Act, 2001, S.O. 2001, c. 25. 620.1.13 Standard approval conditions - defined "standard approval conditions" mean those conditions outlined in section 8, as permitted by the Planning Act. KITCHENER 620.5 SEPTEMBER 2024 Article 2 DEMOLITION CONTROL 620.2.1 Provisions - intended - Planning Act 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. 620.2.2 Provisions - not intended - Planning Act 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, where a rental replacement permit has been issued if required. The approval authority must issue approval where a building permit is ready to be issued and may impose the standard approval conditions. 620.2.3 Area - limited - as set out The City’s demolition control area shall be limited to: a) lands zoned R-1 through R-6 as defined in the City of Kitchener Zoning By-law 85-1, and b) lands zoned RES-1 through RES-5 as defined in the City of Kitchener Zoning By-law 2019-051 c) any property, or assembly of properties in the City of Kitchener, that contain six or more dwelling units on lands within any zone in the City’s Zoning By-law 85- 1 or Zoning By-law 2019-051. 620.2.4 Permit - required No person shall demolish the whole or any part of any residential property within the demolition control area specified in Section 620.2.3 unless the person has obtained demolition control approval and a demolition permit issued by the City. 620.2.5 Exemptions - set out - demolition permitted This Chapter shall not apply if: (a) the proposed demolition does not result in the loss of any dwelling units; DEMOLITION CONTROL KITCHENER 620.6 SE 2024 (b) the residential property is not a permitted use under the current zoning of the property except where a by-law passed pursuant to section 99.1 of the Municipal Act applies to said property. (c) the residential property has been found to be unsafe under section 15.9 of the Building Code Act, 1992 (unsafe order) and/or has been found to be an immediate danger to life safety under section 15.10 of the Building Code Act, 1992 (emergency or- der) 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, 1992; (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 ap- proved 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. 620.2.6 Authority to approve demolition 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 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 subdivi-sion 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. 620.2.7 Application for approval - directed to Council Notwithstanding Section 620.2.6 (a) to Section 620.2.6 (c) inclusive, at the discretion of the Manager, any application may be directed to Council for final decision. KITCHENER 620.7 SEPTEMBER 2024 620.2.8 Redevelopment - approval required - conditions 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 re- development. 620.2.9 Permit issue - redevelopment time limitation - fine Upon satisfaction of Section 620.2.8.(a) and Section 620.2.8 (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 two years of the date of issuance of the demolition permit, the Clerk may enter on the col- lector'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. 620.2.10 Heritage property of interest – examination 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. DEMOLITION CONTROL KITCHENER 620.8 SE 2024 Article 3 SEVERABILITY 620.3.1 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. KITCHENER 620.9 SEPTEMBER 2024 Article 4 REPEAL 620.4.1 By-law - previous By-law 91-324 and the contents of Chapter 620 are hereby repealed. By-law 2013- 093, 24 June, 2013; By-law No. 2023-105, 26 June, 2023; By-law 2024-131, 24 June 2024.