HomeMy WebLinkAboutDSD-2023-239 - Implementation of Bill 13, Bill 109 and Bill 23 - OPA23/001/K/TR - ZBA23/004/K/TRStaffReport
Development Services Depadment
REPORT TO: Planning and Strategic Initiatives Committee
DATE OF MEETING: June 19, 2023
www.kitchenerca
SUBMITTED BY: Garett Stevenson, Interim Director of Planning, 519-741-2200
ext. 7070
PREPARED BY: Katie Anderl, Senior Planner
Gaurang Khandelwal, Planner
Tanya Roberts, Project Manager
Janine Oosterveld, Manager of Customer Experience and
Project Management
WARD(S) INVOLVED: All Wards
DATE OF REPORT: June 8, 2023
REPORT NO.: DSD -2023-239
SUBJECT: Implementation of Bill 13, Bill 109, and Bill 23
City -Initiated Official Plan Amendment OPA23/001/K/TR
City -Initiated Zoning By-law Amendment ZBA23/004/K/TR
RECOMMENDATION:
1. That City Initiated Official Plan Amendment OPA23/001/K/TR, for the purpose
of implementing Bill 13, Bill 109, and Bill 23, including policies to delegate
certain minor zoning by-law amendments to staff, policies to update public
consultation matters, and to update the Official Plan to reflect new Provincial
legislation, be adopted, in the form shown in the Official Plan Amendment
attached to Report DSD -2023-239 as Appendix `A1', and accordingly forwarded
to the Region of Waterloo for approval, and
2. That City Initiated Zoning By-law Amendment Application ZBA23/004/K/TR to
amend Zoning By-law 85-1, be approved in the form shown in the "Proposed
By-law" attached to Report DSD -2023-239 as Appendix `B1', and
That City Initiated Zoning By-law Amendment Application ZBA23/004/K/TR to
amend Zoning By-law 2019-051, be approved in the form shown in the
"Proposed By-law" attached to Report DSD -2023-239 as Appendix `132', for the
purpose of adding new regulations for developments no longer subject to site
plan control relating to design and site functionality elements, and to align with
new permissions for Additional Dwelling Units, and
** This information is available in accessible formats upon request.
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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3. That the By-law 2005-170 and By-law 2007-042 and By-law 2012-069, being the
City of Kitchener Delegated Approval By-law, as amended, be repealed and
replaced with the "Proposed By-law" attached to Report DSD -2023-239 as
Appendix `C', to delegate minor zoning by-law amendments including the
removal of Holding provisions and zoning by-law amendments which are minor
in nature to make clerical, technical, administrative, and other minor
amendments to the Zoning By-law to the Director of Planning, and
4. That the By-law 2007-41, as amended by By-law 2012-070, being Chapter 683 —
Site Plan Control of the Municipal Code, as amended, be repealed, and replaced
with the "Proposed By-law" attached to Report DSD -2023-239 as Appendix `D',
for the purpose of updating the Municipal Code to align with revised site plan
control requirements in the Planning Act, and
5. That the By-law 2013-093, being Chapter 620 - Demolition Control of the
Municipal Code, be amended by the "Proposed By-law" attached to Report
DSD -2023-239 as Appendix `E', to include lands zoned RES 1 through RES -5
within the Demolition Control Area, and
6. That Council Policy MUN-PLA-1095 - Public Participation in the Planning
Process, be amended by the "Proposed Council Policy" attached to Report
DSD -2023-239 as Appendix `F, to recognize current practices which include
postcard notifications to property owners and occupants within 240 metres, to
have digital Neighbourhood Meeting for development applications, and to
allow for revised notice requirements, and,
7. That Council Policy FIN -GRA -2006 - Development Charges Payment for
Affordable Rental Housing and FIN -PLA -2031 - Affordable Housing
Development Charges Waiver Policy, attached as Appendix `G', be repealed in
their entirety as due to recent changes to the Development Charges Act
through Bill 23, non-profit housing developments are now exempt from paying
Development Charges (DCs), and further,
8. That two additional FTEs be added to the core complement of the Planning
Division to support the timely review of development application in accordance
with the timeframes prescribed by Provincial legislation.
REPORT HIGHLIGHTS:
• The purpose of this report is to implement amendments to the Official Plan, zoning
bylaws and other city bylaws and policies to address changes to provincial legislation
over the past year to build housing faster. The three provincial bills addressed through
this report include Bill 13, Bill 109, and Bill 23, addressing changes to the Planning
Act and Development Charges Act (associated with affordable housing only), as
summarised in Table 1.
• In April 2022, Bill 109, More Homes for Everyone Act came into effect with the intent
to "reduce red tape" by speeding up the development approvals process by imposing
fiscal penalties for municipalities if decisions for Zoning By-law amendments with or
without an Official Plan amendment, and approvals for Site Plan applications do not
meet prescribed timelines.
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• In the summer of 2022, staff initiated a review of the City's development review
processes to satisfy the legislated timelines of Bill 109, while mitigating financial risks
to the corporation. While many of the resulting improvements have streamlined
processes at a staff level, some require Council approval through this report including
matters to implement new procedural options added to the Planning Act through Bill
13, Supporting People and Businesses Act, 2021 such as expanding matters Council
may delegate to include minor zoning by-law amendments to help streamline
planning decisions.
• In November 2022, the Province introduced Bill 23, More Homes Built Faster Act,
which is an omnibus bill impacting nine different development -related Acts. The
purpose of Bill 23 is to further streamline approvals for housing and reduce barriers
and costs to development. Given the breadth of changes resulting from Bill 23, this
report includes amendments to several City polices and bylaws to ensure alignment
with the legislation.
• Financial implications of this report relate to achieving legislated timelines to avoid
fee refunds for Zoning By-law amendment and Site Plan application fees which are
now identified in applicable reports to Council. While most applications, to date, have
met the legislated timelines, additional process changes are needed to maintain
those results.
• Community engagement included a virtual Community Meeting on March 29th, 2023.
• A request to add two full time employees (FTEs) to the Planning Division to
adequately and effectively resource the review of development applications within
the prescribed timeframes. Development review staff and management time has
been utilized to support the implementation of Housing For All as well as other
planning projects. Two additional FTEs would create development review staff and
management capacity for the review of development applications.
• This report supports the delivery of core services.
Table 1: Summary of Staff Recommendations
New Requirement
Implication Recommended Change
Planning Application fees
Decreased revenue to the Approve amendments to
for Zoning By-law
Planning Division the Official Plan which
Amendment and Site Plan
proposes the enactment of
Applications are now
tools to increase speed and
subject to refunds
efficiency of review
including;
- Use of Holding
Provisions for additional
technical study,
- Delegated authority for
minor zoning by-law
amendments, including
lifting holding
provisions, to the
Director of Planning,
- Updated and clarified
requirements for
complete applications,
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- Shorten statutory public
consultation notice
period to align with staff
report posting, and to
allow for greater
agenda setting
flexibility, and
- Digital neighbourhood
meetings for every
single development
application scheduled
when the application is
received.
Consistent focus on
continuous improvement for
end-to-end file
management including
additional software, process
improvements, etc.
Support additional FTEs to
the Planning Division to
increase development
applications review
capacity.
Residential buildings with
Limited municipal authority
Approve a Zoning By-law
10 units or less are exempt
to regulate matters of
Amendment to incorporate
from site plan control
exterior design and
certain design standards
appearance of buildings
from the urban design
through the site plan
manual into Zoning By-laws
process
to ensure safe and
functional sites, including;
- minimum street line
fagade opening,
- minimum front yard
landscaped,
- minimum driveway
width, and parking lot
standards.
Updates to Site Plan
Control By-law to reflect
Provincial legislative
changes.
Non-profit housing
Development Charges for
Repeal Council policies
developments are now
"Non-profit housing
FIN -GRA 2006 & FIN -PLA -
exempt from paying
developments" are now
2031 as they are redundant
Development Charges
exempted and do not need
with exemptions in the
(DCs)
to be funded by the
Development Charges Act.
Affordable Housing
Reserve Fund.
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Minor zoning by-laws can
The administrative burden
Approve a revised staff
be delegated to Staff
on Council for routine and
delegation by-law to
minor zoning by-law
delegate minor zoning by -
amendments such as the
law amendments including
removal of holding
the removal of Holding
provisions when conditions
provisions and zoning by -
are fulfilled can be reduced.
law amendments which are
Delegated approval
minor in nature to make
authority will allow for more
clerical, technical,
efficient and streamlined
administrative, and other
method for minor zoning by-
minor amendments to the
law amendments.
Director of Planning.
New definition of a "parcel
Allows up to three (3) units
Approve a Zoning By-law
of urban residential land."
per lot (i.e., up to 3 units in
Amendment to permit up to
Land within an area of
the primary building, or up
3 dwelling units on a parcel
settlement where residential
to 2 in primary building and
of urban residential land.
use, other than ancillary
one in ancillary building or
residential use, is permitted
structure)
by by-law and which is
served by municipal sewer
and water services
Site Plan must be
Removal of Council and
Approve a revised Site
delegated to staff
public participation in the
Plan Control By-law.
Site Plan process
BACKGROUND:
To address the housing crisis and get more homes built faster, the Province has enacted a
series of legislated changes to streamline development applications and reduce costs to
development. The flowchart in Figure 1 below summarizes Provincial action addressed in
this report to address the housing crisis.
Figure 1: Overview of legislative changes relating to housing
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First, Bill 13, Supporting People and Businesses Act, 2021, which received royal assent on
December 2, 2021, introduced amendments to the Planning Act to add a new authority to
further delegate planning decisions dealing with minor amendments to zoning by-laws, such
as temporary use by-laws, lifting of a holding provision or other minor zoning by-law
amendments. This new authority requires a municipality to establish official plan policies
specifying the criteria to be used to define by-laws that may be delegated. In addition to
approval of an Official Plan amendment, modifications to the municipal delegation by-law
are required. Municipalities can choose to use this tool to streamline development
application timelines.
In February 2022, the Ontario Affordability Task Force released a report setting a target to
build 1.5 million homes in the next 10 years. This target along with some of the report's 55
recommendations were the impetus for provincial legislation that followed.
Next, Bill 109, More Homes for Everyone Act, 2022, came into effect in April 2022. Bill 109
is a first step response to the Ontario Housing Affordability Task Force Report. It made
changes to the Planning Act requiring municipalities to refund Zoning By-law amendment
and Site Plan application fees if a decision or approval, respectively, is not reached within
legislated timeframes. The new regulations for fee refunds took effect on January 1, 2023.
Staff note that there is currently legislation under consideration as part of Bill 97 that would
amend the effective date to July 1, 2023.
Finally, Bill 23, More Homes Built Faster Act, 2022 came into effect in November 2022, in
response to the housing supply crisis and the province's ambitious target to build 1.5 million
homes within the next 10 years. Bill 23 amends nine key provincial statutes. This report
addresses changes to the Development Charges Act related to exemptions to development
charges for affordable housing projects. It also addresses changes to the Planning Act that
broaden as -of -right permissions for up to three units on a property for single detached
dwellings, semi-detached dwellings and street fronting townhouses and new restrictions to
Site Plan control related to residential developments with 10 units or less and building
elevation review.
Bill 13, Bill 109, and Bill 23 are implementing measures to address the housing crisis. With
their enactment, the City of Kitchener must adjust its operations to address these legislative
changes to land use planning, municipal financing, and local governance. This report
provides recommendations to update policies and bylaws and provides Council with an
update on staff -level process improvements in response to these new provincial directives.
REPORT:
Recent Provincial updates have made impactful changes to the Planning Act and other
legislation, with the intent to bring more housing to market more quickly. In response to
these changes, staff recommend amendments to the Official Plan, the Zoning By-laws, and
various other by-laws and Council policies. The recommended changes work together in
many instances and the discussion in this report has been separated into three key areas
of change:
• enacting tools that reduce review timelines (Bill 109 and Bill 13 implementation);
• mandatory changes to deliver housing (Bill 23 implementation); and,
• staff -initiated process improvements that do not require amendments to policies or
by-laws.
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Enacting Tools that Reduce Review Timelines (Bill 109 and Bill 13 Implementation):
The first set of changes enact and strengthen tools to help the City reduce review timelines
so that decisions can be made within the legislated timeframes. New legislation provides
financial incentive to make decisions on certain application types, namely, Site Plan
Approvals, and Zoning By-law amendments within legislated timelines by mandating the
incremental refund of application fees.
Changes in these areas will help the City in the following ways:
• ensure applications are complete at the time they are accepted so that the `clock'
doesn't start until all supporting documentation is received;
• reducing the administrative burden on Council for routine and minor zoning by-law
amendments such as the removal of holding provisions when conditions are fulfilled;
• better aligning the notice of a statutory public meeting with reporting timelines which
will provide additional time for issue resolution and ensure that the report is available
when notice is given; and,
• implementing as a standard practice, online public consultation, and engagement
tools, including enhanced public notices.
Legislated Changes to Deliver Housing (Bill 23 Implementation
The second category of amendments are those which have been mandated by the Province
to reduce planning process. These changes include:
• no longer permitting the use of Site Plan Control for residential developments with
10 units or less on a parcel of urban residential land with limited exceptions;
• permitting up to 3 dwelling units on a parcel of urban residential land; and,
• removing the municipality's ability to approve the aesthetics or character of a building
(including materials, architectural style, colour, etc.).
Staff -initiated process improvements that do not require amendments to policies or by-laws:
The final category is a report back to Council on actions initiated by staff over the past year
to address development review efficiencies to streamline processes without the need for
amendments to policies or by-laws.
The following sections of this report outline the various policy documents and by-laws which
are proposed to be updated and have been organized into the categories as described
above. Together with the proposed changes to the Official Plan and Zoning By-laws, in many
cases the Planning Act and Municipal Act requires that the municipality enact an
implementation by-law. The City of Kitchener has several such by-laws required or
permitted by the Planning Act including the Site Plan Control By-law, Delegated Approval
Authority By-law, Pre -Submission Consultation By-law, and Demolition Control By-law.
Several of these City by-laws are recommended to be updated as part of this body of work.
There are also policies of Council which provide Council's direction regarding certain
processes, that should be updated such as the Public Participation Policy. Changes to the
Official Plan, policies and by-laws are discussed in the context of each tool. Details of the
proposed amendments and specific rationale can be found in the Appendices.
A. Enacting Tools to Reduce Review Timelines
This section makes recommendations in the following policies and bylaws:
• Pre -Submission Consultation — amend complete application requirements in the
Official Plan.
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• Delegated Approval Authority — amend Official Plan policies and the Delegated
Approval Authority By-law to allow delegation of minor Zoning By-law amendments
including the removal of Holding Provisions to the Director of Planning.
• Public Participation and Notice Requirements — amend policies of the Official Plan
and the Public Participation Policy to permit a modified timing for notice of statutory
public meeting from 20 to 10 days, and to recognize enhanced notice practices and
virtual meeting options.
Pre -Submission Consultation
Pre -Submission Consultation meetings are required in advance of an applicant submitting
a formal application for a Site Plan, Zoning By-law Amendment, Official Plan Amendment,
Plan of Subdivision, and Plan of Vacant Land Condominium, and may be required for some
Minor Variance or Consent applications. Through this process, the City and agency staff
have an opportunity to review and provide early feedback on a development proposal and
identify the information and materials that are required to be submitted with a development
application for it to be deemed complete under the Planning Act. Requiring this information
and material at the time a development application is submitted helps to ensure staff and
agencies have all the information needed to review a development proposal. Once the
application is complete, a decision must be made within the timeframe provided by the
Planning Act (i.e., 60 days for Site Plan Approval, 90 days for Zoning By-law Amendments
and 120 days for Zoning Bylaw amendments associated with an Official Plan Amendment)
or portions of application fees must be returned.
The City of Kitchener has a robust Pre -Submission Consultation process. The Official Plan
has contained policies requiring consultation for specified development applications since
2008, and an enacting Pre -Submission Consultation By-law was passed at that time.
Through the recent Development Services Review these processes were refined and
updated so that the overall customer experience was improved. The City's Pre -Submission
Consultation processes ensure that new applications include all the necessary plans,
reports, and studies at the time they are deemed complete. Since Bill 109 was enacted, staff
have made several internal process changes that do not require Council approval or
consideration, such as refinements to Records of Consultation which are issued outlining
the list of information and materials that are required as part of an application.
Staff recommend minor amendments to the Official Plan to update and refine policies, and
to update the list of plans and studies that may be required as part of a Complete Application.
These changes are detailed and described in Appendix 'Al' (Proposed Official Plan
Amendment) and Appendix `A2' (Proposed Official Plan Amendment with Rationale). No
changes are proposed to the Pre -Submission Consultation By-law.
Delegated Approval Authority
The Planning Act prescribes the required decision-making processes and authority with
respect to various types of Planning Act decisions including for Official Plan Amendments,
Zoning By-law Amendments, Site Plans, Plans of Subdivision, etc. In many instances the
approval authority is Council. In some instances, however, a Council may delegate their
decision-making authority by enacting policies in the Official Plan and passing a by-law to
delegate approval authority to staff. The City of Kitchener Council has delegated approval
authority to staff for various Planning Act decisions including Site Plan Approval, Minor
Modifications to Plans of Subdivision, Demolition Control and others. Bill 13 amended the
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Planning Act to permit a Council to delegate approval authority to staff for minor zoning by-
law amendments including the removal of Holding Provisions.
The Planning Division has identified several benefits to increasing the use of delegation:
• It frees up Council time to focus on strategic priorities.
It frees up municipal staff time preparing detailed Council reports on routine
approvals.
It will help to avoid unnecessary delays on planning applications that implement
Council -approved policies and regulations.
It retains the ability for elected officials to provide input directly to staff (and vice
versa).
It allows elected officials to defer to judgement of professional staff for matters which
are straightforward and technical in nature.
There are potential cost and time savings for applicants that support objectives of
building housing faster and cost-effectively.
This report recommends that delegated authority be granted for both removal of Holding
provisions and zoning by-law amendments which are minor in nature to make clerical,
technical, administrative, and other minor amendments to the Zoning By-law, as detailed
below.
Holding Provisions:
First, Section 36 of the Planning Act authorizes municipalities to apply a Holding Provision
to an amending zoning by-law to delay development of a site until certain and specific
conditions have been met. The City's Official Plan permits the use of Holding Provisions in
situations where it is necessary or desirable to zone lands for development or
redevelopment in advance of the fulfillment of specific requirements and conditions, and
where the details of the development or redevelopment have not yet been fully resolved.
Holding Provisions may be used for purposes including: orderly staging of development;
confirming adequate transportation and servicing infrastructure, and community services;
mitigation of negative impacts resulting from the proximity of lands to transportation and
utility corridors, incompatible land uses or any other source of nuisance or hazard to public
health and welfare (commonly through the approval of a Noise Study and/or Record of Site
Condition); and, to satisfy the policies of this Plan related to cultural heritage conservation,
urban design, Site Plan control, and protection of the natural environment. To meet decision-
making timelines of the Planning Act and to avoid mandatory fee refunds, staff anticipate
more frequent application of Holding Provisions for site specific Zoning By-law Amendments
so that detailed site matters can be resolved after a decision has been made on a change
in land use or regulation.
Holding Provisions are applied to lands through a Zoning By-law amendment, which is
approved by Council. Currently, when the conditions have been met (e.g., the required study
is approved, or certain works have been completed), the Holding Provision can be removed.
The removal of the Holding Provision is not appealable by anyone other than the applicant
and does not require a formal public meeting or public notice other than a newspaper notice.
Currently, when the conditions required by a Holding Provision have been fulfilled, an
applicant must apply for a Zoning By-law amendment to remove the holding provision. When
the application is received, planning staff complete a review to ensure that the condition(s)
have been fulfilled to the satisfaction of the requesting City department or agency. If staff
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are satisfied, a report is prepared and provided to Committee and Council recommending
that that a zoning by-law be passed to remove the Holding Provision. If the condition is
fulfilled, the Holding Provision must be removed, and the uses permitted by the underlying
zoning take effect (which were originally subject of public meetings and Council approval).
Given the administrative nature of the removal of holding provisions, staff recommend that
Council delegate approval authority for the removal of Holding Provisions to the Director of
Planning. The studies required by holding provisions are technical and clearance is provided
by the requesting City department or agency, regardless of who has the authority to pass
the by-law to remove the Holding Provision. Public notice of the removal of the Holding
Provision is provided, however the decision does not require a statutory public meeting and
Council has previously decided on underlying zoning permissions. Removal of the Holding
Provisions simply confirms that the technical condition approved by Council has been met.
Minor Amendments:
Next, staff also recommend that Council delegate approval authority for other minor Zoning
By-law amendments to the Director of Planning. Such amendments are necessary from time
to time to make minor changes such as, altering language for consistency and refining
language to assist with clarity in interpretation. Such changes do not impact the effect of the
zoning regulations.
To delegate authority for both the removal of Holding Provisions and minor Zoning By-law
amendments, the Planning Act requires that the Official Plan provide policies to specify the
types of by-law amendments that may be delegated. The Planning Act also provides that
Council may withdraw this authority at any time, or on a case-by-case basis. As a next step,
staff will develop administrative procedures to implement a new internal process where
approval authority has been delegated.
Staff recommend that new Official Plan policies are enacted delegating the approval of both
removal of Holding Provisions and minor Zoning By-law amendments to the Director of
Planning. These changes are detailed and described in Appendix 'Al' (Proposed Official
Plan Amendment) and Appendix `A2' (Proposed Official Plan Amendment with Rationale).
Together with the proposed amendments to the Official Plan, staff recommend that the City's
Delegated Approval Authority By-law is amended as detailed in Appendix `C'.
Public Participation and Notice Requirements
The City of Kitchener has adopted robust public participation processes that, in most cases,
exceed Planning Act requirements. These were refined and updated through the
Development Services Review and have been implemented by staff. As part of this body of
work, staff have reviewed current public participation processes for alignment with the Public
Participation Policy and legislated timelines. Changes to public participation policies and
notice requirements include the following:
• To recognize the enhanced current public notice practices and virtual meetings that
were initiated in recent years in the Public Participation Policy;
• To reduce notice of the statutory public meeting from 20 days to 10 days per the
Alternative Notice requirements introduced through Bill 13;
• To eliminate the need for public consultation for minor zoning by-law amendments
which are proposed to be delegated to the Director of Planning also in accordance
with Alternative Notice Requirements; and,
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• To remove public participation policies relative to Site Plan Control to align with Bill
109 timelines.
Enhanced Notice Practices and Virtual Meetings:
Public engagement is a key part of municipal decision-making around development.
Through the Development Services Review, Kitchener has moved to more equity -informed
citizen engagement opportunities. Changes to public engagement practices for Official Plan
and Zoning By-law amendments and Plans of Subdivision include:
• Circulating all residents (occupants/renters) and property owners within 240 meters
of the subject lands (Planning Act only requires 120 meters);
• Standardized, visually appealing, and easy -to -read postcards, property signs, and
newspaper notifications replaced technical, text -based formats for public planning
notices, which were difficult to understand and created a barrier to engagement and
understanding;
• The postcard and newspaper ads provide basic information on a development
application and directs the readers to the City's Development Application webpage;
• Development Applications webpage/mapping tool with current development
application information; and,
• Virtual Neighbourhood Meetings for all applications.
Community response has been positive on the new, user-friendly approach to access
information on development applications using an intuitive and visual map -based interface.
In addition, this creates transparency and goes above and beyond Planning Act
requirements by providing access to all studies, reports, and engagement opportunities
related to planning applications in one location.
During the COVID-19 global pandemic, neighborhood meetings were shifted to a digital
format. This proved to be an effective and efficient way to have initial engagements on
development applications with the broader community. Digital engagements reduced some
barriers to participation including travel time and expense as well as childcare. Digital
meetings are recorded and posted on the City's website and can be watched at any time
following the meeting benefiting those that could not attend as well as those that want to
rewatch to gain a better understanding. A call-in number is also provided for community
residents without internet access to attend the meeting. Attendance for neighbourhood
meetings has remained consistent and, as a result, neighborhood meetings are now held
for all development applications, whereas pre -pandemic in person engagements were
utilized only for major development proposals.
According to a 2021 report released by Statistics Canada, Kitchener -Cambridge -Waterloo
is tied for the second fastest growing area in Canada. This has required staff to meet and
sustain a higher -than -normal level of demand in terms of development approvals. Digital
neighborhood meetings provide considerable time and financial savings for engagements.
Staff can deliver these engagements effectively from home in the evening outside of
standard business hours when community members are available to participate. With the
high volume of development applications in recent years, the virtual meeting format also
reduced impacts on staff resourcing including a reduction in over -time hours and
streamlined bookings (with no venue limitations and associated rental fees)
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Given the need to consider development applications within prescribed timeframes or face
fee refunds, Planning staff recommend that digital neighborhood meetings continue for site
specific development applications. Minor amendments are proposed to the Official Plan to
recognize that engagement may be electronic or in person. These changes are detailed and
described in Appendix 'Al' (Proposed Official Plan Amendment) and Appendix `A2'
(Proposed Official Plan Amendment with Rationale). Further, Planning staff recommend an
amendment to Council Policy MUN-PLA-1095 (Public Participation in the Planning Process)
to reflect current practices as provided in Appendix `F'.
Site Plan Public Participation Policies:
Bill 109 requires Site Plan approval to be delegated to staff for applications made on or after
July 1, 2022. Site plan approval has already been delegated to staff in the City of Kitchener,
however the current Public Participation in the Planning Process Council policy outlines
certain criteria when a site plan would be publicly circulated for comment. As Site Plan
approval is now strictly delegated to staff and an approval must be granted within 60 days
to avoid application fee refunds, Council Policy MUN-PLA-1095 should be amended to
remove circulation requirements for certain site plan applications as reflected in Appendix
`F'.
Alternative Notice Measures:
The Planning Act prescribes that a notice of the statutory public meeting be provided 20
days in advance of the meeting taking place. Bill 13 amended the Planning Act to allow a
Council to permit alternative notice requirements by enacting policies in the Official Plan.
The City consults with the public early in the application process by circulating notice of the
application, receiving comments, and holding a Neighbourhood Meeting for every Official
Plan Amendment, Zoning By-law Amendment, and Subdivision application. As noted in the
previous sections regarding enhanced notice practices, the public is well-informed and able
to provide meaningful input into the application process, as well as ask questions and work
with staff and an applicant to resolve concerns. However, due to reduced timelines for
application review, staff is more limited in time following initial engagement to resolve issues
before finalizing a recommendation report. Following initial public circulation of notice of the
application and the neighbourhood meeting, staff work to resolve concerns of the public and
any technical concerns identified by City departments or agencies. Staff must then complete
a staff report to schedule the statutory public meeting. Staff recommend two instances where
adopting alternative notice requirements would be beneficial and describe the rationale and
purpose below:
1. To reduce notice of the statutory public meeting from 20 days to 10 days
The Planning Act requires that notice of a Statutory Public Meeting be given 20 days
in advance of the meeting. In the City of Kitchener, as Statutory Public Meetings are
typically held on a Monday, this requires that notices appear in the newspaper three
Fridays before the meeting. However, staff reports, which contain recommendations
are not publicly available until 10 days before the meeting. Staff recommends that
Council approve an Official Plan policy which would permit that notice of the Statutory
Public Meeting be provided at least 10 days prior to the meeting, rather than 20 days.
This would ensure that the staff report and recommendations are available when the
meeting is advertised. A postcard advising of the Statutory Public Meeting will
continue to be mailed to people who participated in the process and those living or
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owning property within 240 metres of the subject site, also about 10 days in advance
of the meeting. Staff is of the opinion that because of the robust public consultation
in practice with proposed updates to the Public Participation Policy, interested
members of the public will be engaged in advance of the Statutory Public Meeting,
and that 10 days is sufficient notice.
2. To eliminate the need for public consultation for minor amendments which are
proposed to be delegated to the Director of Planning.
Public consultation is not required for the removal of a Holding Provision, however
would be required for other minor amendments. Minor amendments that are clerical
or administrative and which assist with consistency and clarity in interpretation do not
have an impact to the effect of zoning regulations. Staff recommend that Council
approve Official Plan policies which would eliminate the need for public consultation
for this scope of amendment.
Staff recommend that new Official Plan policies are adopted providing for alternative notice
requirements, as provided for by the Planning Act. These changes are detailed and
described in Appendix 'Al' (Proposed Official Plan Amendment) and Appendix `A2'
(Proposed Official Plan Amendment with Rationale). Corresponding changes are proposed
to the Public Participation Policy in Appendix `F'.
B. Legislated Changes to Deliver Housing
This section makes recommendations in the following policies and bylaws to reflect changes
associated with Bill 23:
• Additional Dwelling Units (3 units per lot) — amend the Official Plan and Zoning By-
laws to align with permissions for Additional Dwelling Units.
• No Site Plan Control for Development with 10 Units or Less — amend Official Plan
policies, the Site Plan Control By-law and the Zoning By-laws for regulations related
to residential development with 10 dwelling units or less on a parcel of land that are
now exempt from Site Plan Control.
• Urban Design (Exterior Design) — amend Official Plan policies to respond to reduced
review authority for building elevation review through Site Plan Control.
• Removal of Development Charge Deferral and Development Charge Waiver
policies for Affordable Housing — repeal policies which are redundant with
exemptions in the Development Charges Act.
Additional Dwelling Units (3 units per lot)
Bill 23 made changes to Section 16(3) and 35.1 of the Planning Act. Official Plans and
Zoning By-laws now cannot contain policies and regulations that have the effect of
prohibiting the use of up to three residential units in association with a single -detached
house, a semi-detached house, or a street townhouse on a parcel of urban residential land.
The changes make it mandatory for municipalities to permit up to three residential units in
association with a single -detached house, a semi-detached house, or a street townhouse
on land where residential use other than ancillary residential use is permitted. Performance
standards may still be in place except those related to requiring more than one parking
space for each additional unit and regulating the minimum floor area of each additional unit.
Page 647 of 792
Kitchener's Official Plan already has policies in place that support attached and detached
additional dwelling units. Staff recommend they are updated to align with the Planning Act
requirements to permit up to three dwelling units on a lot, and the matters which may be
considered in implementing Zoning By-law regulations including requirements for parking,
regulations which help ensure compatibility such as heights and massing, setbacks,
landscape buffers and pedestrian access. Further, to comply with legislated requirements,
staff recommend updates to Area Specific or Site -Specific policies and associated Zoning
By-law provisions where additional dwelling units were previously prohibited, and an update
to the definition of Low -Rise Residential Land Uses to include additional dwelling units.
Official Plan policy changes are detailed and described in Appendix `A1' (Proposed Official
Plan Amendment) and Appendix `A2' (Proposed Official Plan Amendment with Rationale).
Kitchener's Zoning By-laws currently permit additional residential units to some capacity.
The proposed changes to the Zoning By-laws align with the recent Planning Act mandates.
Key changes to the Zoning By-laws include:
• Permitting up to three residential units where a single -detached dwelling, a semi-
detached dwelling, or a street townhouse dwelling is a permitted use. This includes
permitting attached and detached Additional Dwelling Units in Commercial
Residential, Mixed Use and Institutional zones in addition to the Residential zones of
Zoning By-law 85-1.
• Amending site specific provisions (223, 226, 232, 253) of Zoning By-law 2019-051
and special use provisions (319, 352, 470) of Zoning By-law 85-1 that have the effect
of prohibiting up to three residential units.
• Enabling up to three parking spaces to be arranged in tandem on a driveway.
• Enabling three -unit buildings to be purpose-built by deleting regulations that limit two
additional dwelling units to existing buildings and updating the definition of multiple
dwelling to a building that contains four or more dwelling units. This also includes
clarifying that three -unit buildings will be permitted where a single -detached dwelling
with two additional dwelling units (attached) is permitted.
No Site Plan Control for Development with 10 Units or Less and Changes to Exterior Design
Review through Site Plan
Bill 23 made changes to Section 41 of the Planning Act which effect how municipalities can
exercise site plan control. The changes include exclusion of all aspects of site plan control
for residential development up to 10 units except in certain cases, and removal of exterior
design consideration from site plan control for all developments. To address these changes,
staff recommend changes to the Official Plan, Site Plan Control By-law and Zoning By-laws.
Official Plan Amendment:
First, in accordance with legislated changes staff recommends that Official Plan policies be
updated to comply with the new regulations. Specifically, staff recommend updates to the
policies which provide for a Site Plan Control Area, and outlines what types of development
are subject of Site Plan Control, and what may be considered through site plan control to
ensure consistency with the Planning Act.
In addition with respect to the enacted provisions that remove the consideration of exterior
design from Site Plan Control, an applicant may be required to prepare site specific Urban
Design Reports, Briefs, Guidelines or Scorecard, and staff will continue to review
development proposals regarding all matters of urban design that continue to be in
Page 648 of 792
effect. The outcome of these changes is that staff can longer approve how a building looks
in terms of architectural styles, aesthetics, materials, color, or appearance. Staff will
continue to provide feedback and comments to applicants through the Site Plan review
process and will continue to require urban design review and adherence to urban design
policies and guidelines through other parts of the development review process, such as
through Official Plan and Zoning By-law amendments.
Staff recommend amendments to Official Plan policies to ensure compliance with the new
Planning Act provisions, while maintaining and updating policies that require consideration
of urban design throughout the development process. Staff recommend that where
relevant, Official Plan policies be updated to include the Urban Design Scorecard, as a
site-specific urban design evaluation tool, and recommend that a new definition of Urban
Design Scorecard be added. Official Plan policy changes are detailed and described in
Appendix `A1' (Proposed Official Plan Amendment) and Appendix `A2' (Proposed Official
Plan Amendment with Rationale).
Site Plan Control By-law Update (Municipal Code):
Staff recommend repealing and replacing Chapter 683 of the Municipal Code (Site Plan
Control) with the draft chapter attached as Appendix `D' to this report. To ensure consistency
with the Planning Act, changes are proposed to reference language in the Planning Act. To
limit the updates that may be required to the Municipal Code, references the Planning Act
will not include specific sections of the Act, to ensure alignment with Provincial legislation
which may change from time -to -time allowing regulations in the Planning Act to be
implemented without further updates. While now required by Bill 109, Kitchener has
previously delegated site plan approval to staff. The definition of "development" is proposed
to be removed from Chapter 683 and instead referring to the Planning Act. Additionally,
minor edits were made to reflect current staff titles.
Zoning By-law Amendments:
Proposed changes to the Zoning By-laws in relation to changes to site plan control are
detailed in Appendices `B1', `B2' and `133'. Key changes include:
• Introducing regulations to address design and site functionality elements for
residential development with less than 10 units where a site plan application is no
longer required. At this time, the regulations are limited to:
o a minimum street line fagade openings of 20% including at least one
pedestrian entrance to the building;
o a minimum of 20% of the front yard to be landscaped excluding hard surface
landscape elements such as walkways, patios, decks, or pathways; and,
o a minimum driveway width of 2.6 metres, except where the driveway is
immediately adjacent to a building or structure in which case the minimum
driveway width will be 3.0 metres.
• Enabling staff to undertake zoning checks through Zoning Occupancy Certificates
where a site plan application can no longer be required, including any development
where the resultant number of units are equal to or less than 10 and does not contain
a non-residential use except permitted home occupation/business use.
• Updating the definition of a parking lot to include a minimum of one drive aisle and
adding regulations associated with parking lots for a development not requiring site
plan approval. The regulations are limited to a 1.5 metre setback from the side and
rear lot lines for the parking lot, and a minimum drive aisle width of 6 metres.
Page 649 of 792
Excluding these types of developments and matters from Site Plan Control has implications
on staff's ability to review and mitigate matters related to parking lot functionality, grading
(property drainage), building design and appearance, and new servicing. Staff are
recommending zoning regulations that support safe, functional, and healthy projects while
maintaining a scope that meets the objectives of provincial legislation.
Finally, with the exclusion of Site Plan control for residential development up to 10 units, the
Building Division is also evaluating the Building By-law in coordination with other
development review staff to determine amendments that may be needed such as applying
the Emergency Services Policy (e.g., fire routes). Building staff will be reporting back to
Council in August with proposed changes to the Building By-law.
Demolition Control By-law
Staff recommend amending the Demolition Control By-law to provide greater clarity to
confirm that a Demolition Control Area is inclusive of properties zoned RES -1 through RES -
5. The current by-law was approved prior to the approval of Zoning By-law 2019-051 and
therefore does not recognize the RES zone nomenclature. This amendment is technical in
nature and does not change the intent of the Demolition Control By-law. Refer to Appendix
`E' for the proposed Demolition Control By-law amendment.
Removal of Development Charge Deferral and Development Charge Waiver policies for
Affordable Housing"
In response to public engagement during the 2022 budget process, Council made a capital
investment of $2,000,000 towards an Affordable Housing Reserve Fund. Council
subsequently approved a Development Charges (DC) waiver policy using this fund to pay
100% of DCs for eligible non-profit developments.
Due to recent changes to the Development Charges Act through Bill 23, non-profit housing
developments are now exempt from paying Development Charges (DCs). As a result,
Council Policies FIN -GRA -2006 and FIN -PLA -2031, that provided financial incentives for
non-profit affordable housing developments by deferring or waiving DCs for eligible
developments, have become redundant. Table 2 below summarizes the purpose of these
policies and the results they have had for supporting non-profit affordable housing
developments since their inception.
Table 2: Development Charges (DCs) Council Related Policies
Council
Policy
Purpose
Results
Allows deferred payment of City DCs
10 affordable housing
FIN -GRA-
for eligible non-profit rental housing
developments
2006
developments from the time of
261 units
building permit to the time of
$1,900,000 DCs deferred
occupancy
2 affordable housing
FIN -PLA-
Waives City DCs for eligible non-
developments
2031
profit housing developments
86 units
$727,000 DCs waived
Page 650 of 792
Staff recommend that these policies be repealed given that they are no longer necessary.
These policies are attached in Appendix `G'.
C. Staff -initiated process improvements that do not require amendments to policies
or by-laws
Bill 109 Action Plan Update
The intent of Bill 109 is to reduce development application timelines by adding fiscal
consequences of having to refund applicants if legislated timelines are not met. At the time
that this Bill was introduced, Council requested that staff report back on steps taken to
address the mandated timelines. As a result of Bill 109, the Planning Division evaluated the
development application review processes for Official Plan and Zoning Bylaw amendments
and Site Plan applications with the goal of achieving timelines to avoid or minimize
mandatory refunds. The current approach was assessed, and an implementation action plan
was created to streamline and improve processes. Phase 1 of these process improvements
was undertaken at a staff level and are now operational. The action plan takes a
comprehensive yet phased approach to implementing Bill 109.
Example of Phase 1 process improvements:
• End-to-end file management tool to aid workload management.
• Standardized template for planning reports.
• Post -circulation meetings with staff and agencies for Official Plan and Zoning by-
law amendment applications.
• Changes to conditional approval for Site Plan applications including procedure
updates and the use of red -line drawings.
This report (DSD 2023-239) is part of Phase 2 with the process changes identified in the
previous sections to be implemented as the decision comes into effect.
Phase 2 process improvements:
• Implementation of Bill 13, Bill 109, Bill 23 — Council Report:
o Official Plan Amendments (OPAs) to support the legislative timelines.
o Zoning By-law Amendments (ZBAs) to support the legislative timelines.
o By-law and policy updates to support the legislative timelines.
• Staff training and established procedures
• Staff to track timelines and fee refunds, where applicable
PLANNING CONCLUSIONS:
Updates to Provincial legislation have made impactful changes to the Planning Act and other
legislation, with the objective to bring more housing to market more quickly. In response to
these changes, staff are recommending changes to the following:
- Official Plan (2014),
- Zoning By-law (By-law 85-1),
- Zoning By-law (By-law 2019-051),
- Delegated Approval By-law (By-law 2012-069),
- Site Plan Control By-law (By-law 2012-070),
- Demolition Control By-law (By-law 2013-093),
- Council Policy MUN-PLA-1095 Public Participation in the Planning Process,
Page 651 of 792
- Council Policy FIN -GRA -2006 Development Charges Payment for Affordable Rental
Housing, and
- Council Policy FIN- PLA -2031 Affordable Housing Development Charges Waiver
Policy.
Staff is of the opinion that the proposed amendments to the Council Policies, City By-laws,
and the Official Plan Amendment and Zoning By-law Amendments are consistent with and
conform to the Planning Act, Provincial Policy Statement (2020), the Places to Grow Act
(2005) and A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) and the
Regional Official Plan (2010) and represents good planning.
CITY & AGENCY COMMENTS:
Circulation of the proposed Official Plan and Zoning By-law Amendments was undertaken
in April 2023 to all applicable City departments and other review authorities. No significant
concerns were identified by any commenting City department or agency and any necessary
revisions and updates were made based on initial feedback. Copies of the comments are
found in Appendix `H' of this report. An overview of the identified concerns and staff
responses are found below in Table 3.
Table 3: Summary of Agency Comments and Staff Response
Initial Feedback Received
Commenting
Response
Agency/Dept
Minor suggested revisions to
City of Kitchener
Incorporated feedback re:
proposed Official Plan policies.
Transportation
suggested revisions to
Transportation team were not
Official Plan, as appropriate.
supportive of the addition of
The word "required" from the
"required" to parking lot
proposed `parking lot'
definition or a 2.6 metre
definition is now removed
driveway width.
and `and a minimum of one
drive aisle' is added.
Consensus to maintain 2.6
metres driveway width where
no building/encroachments
exist and minimum driveway
width of 3 metres, otherwise.
No specific concerns relative
Waterloo Catholic District
Staff acknowledged their
to proposed policy and zoning
School Board
response.
by-law amendments but hopes
to collaborate more with City
on design of schools and
including schools as part of
"complete communities".
Location of school sites —
more flexibility would be
beneficial.
No specific concerns relative
Waterloo Region District
Staff acknowledged their
to proposed policy and zoning
School Board
response.
Page 652 of 792
by-law amendments but
general concerns of Bill 23
regarding calculation of
student yields and integrity of
long-range enrolment
projections, especially with
regards to assessing ADUs
and multiple dwelling units.
Challenges with the current
funding model for school
planning. Hopes to collaborate
with City to mitigate
challenges relating to growth.
Minor suggested revisions to
City of Kitchener Parks &
Incorporated feedback re:
proposed Official Plan policies.
Cemeteries
suggested revisions to
proposed Official Plan
policies, as appropriate.
High level consultation with
City of Kitchener Planning
Follow-up meeting and
planning team to get feedback
— presentation to planning
further consultations with
on the approach to Bill 23
staff meeting on March 3,
zoning review staff and
implementation.
2023.
policy staff.
Feedback was generally
Kitchener Development
No response required.
positive with no major
Liaison Committee -
concerns. Information was
presentation to KDLC on
circulated to the group with a
March 10, 2023.
2 -week deadline for
comments. No comments
were received.
No specific concerns were
Building - Presentation to
Planning staff will support
identified, but general help
Building Management
the team with change
requested to understand
Team on May 3, 2023.
management as changes to
changes impacting building.
Planning Act exempt
residential units of 10 or less
from Site Plan control, which
has impacts on building
review.
Page 653 of 792
COMMUNITY INPUT & STAFF RESPONSES:
WHAT WE HEARD
Notice of the applications and Community meeting was posted to the
City's website and in The Record March 10, 2023.
No Comments were received from community members.
A City -led Community Meeting was held on March 29, 2023, and
seven (7) different users logged on. Staff addressed comments asked
during the meeting and did not receive any follow up submissions
from the community.
An overview of the identified concerns and staff responses are found below in Table 4.
Table 4: Overview of concerns or questions and staff responses
from Communit Meeting
Concern or Question
Response
That ADUs may be used for short-term
Licensing staff are currently reviewing shared
rentals
accommodations and short-term rentals.
Results will be forthcoming under separate
cover.
Provision of sufficient green space in core
Growing Together work will be addressing
areas
this to find appropriate balance for green
space. For parking lots in the rear lot, we are
proposing rear yard setbacks that would
provide soil volume requirements and
landscaping.
Are there minimum property frontage
The Zoning By-laws have performance
requirements for ADUs?
standards in place including a minimum lot
width requirement of 13.1 metres for two
ADUs (attached) or one ADU (detached).
If notice period is shortened, can we notify
As soon as an application comes in, staff
the public of planning applications earlier?
initiate notification to the public through a
newspaper ad, notice sign, posting info on our
website, and through postcards. Digital format
and links for neighbourhood meetings will be
provided and notice will be given early in the
process.
Page 654 of 792
Are there changes to committee of
No changes to timelines and notification. Bill
adjustment - notice or process?
23 amended the Planning Act such that a
100% Refund
third party can no longer appeal decision
Decision made
made by the Committee of Adjustment. Only
Decision made
applicants and prescribed agencies outlined
Amendment
by the Planning Act can appeal.
Changes to Urban Design
New regulations limit the City's ability to
day 210 or
enforce urban design guidelines for building
design elements such as materials and
colours that we would previously review
Zoning By-law
through Site Plan approval, but the City can
Decision made
continue to review zoning aspects of building
Decision made
elevations.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendations have no impact on the Capital Budget.
Operating Budget — Bill 109 introduced a requirement for a municipality to refund zoning by-
law amendment and site plan application fees if a decision is not made within a prescribed
timeframe as outlined below in Table 5.
Table 5: Fee refunds summary for Site Plan and
Zoning By-law amendment applications
The Planning Division does not have a funding source or budget for refunding planning
application fees. Rather, amendments to processes outlined in this report are recommended
to support streamlined approval times for development applications, reduce the instances
where fee refunds will have to be issued, and reduce the potential impact to the operating
budget.
Page 655 of 792
No Refund
50% Refund
75% Refund
100% Refund
Zoning By-law
Decision made
Decision made
Decision made
Decision made
Amendment
by day 90
day 91 to 149
day 150 to 209
day 210 or
later
Zoning By-law
Decision made
Decision made
Decision made
Decision made
Amendment
by day 120
day 121 to 179
day 180 to 239
day 240 or
associated with
later
an Official Plan
Amendment
Site Plan
Approval by
Approval day
Approval day
Approval day
day 60
61 to 89
90 to 119
120 or later
The Planning Division does not have a funding source or budget for refunding planning
application fees. Rather, amendments to processes outlined in this report are recommended
to support streamlined approval times for development applications, reduce the instances
where fee refunds will have to be issued, and reduce the potential impact to the operating
budget.
Page 655 of 792
Planning staff will continue to report potential financial implications on each application when
the staff report for the application is presented to the Planning and Strategic Initiatives
Committee meeting.
For the period of January to May 2023, the City has lost just over $2M in development
charges (DC) revenues due to Bill 23. If this trend were to continue over the entire year, the
City would lose a total of just under $5M in DC revenues in 2023.
Based on an average of 64 calculations completed in 2023 to determine post -Bill 23
parkland requirements, on average the amount of parkland dedication collection has been
reduced by 71.9% compared to pre -Bill 23 requirements.
Staff are requesting an additional two FTEs within the Planning Division to increase capacity
for the review of development applications. These FTEs will be paid with revenue from
development applications.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of
the Council / Committee meeting. Following the initial circulation referenced below, notice
of the statutory public meeting was circulated to all residents and property owners
responding to the preliminary circulation. Notice of the Statutory Public Meeting was also
posted in The Record on May 26, 2023 (a copy of the Notice may be found in Appendix `I').
CONSULT — Notice of the proposed Official Plan Amendment and Zoning By-law
Amendment and notice of the Community Meeting were posted to the City's website and
posted in The Record on March 10, 2023. In response to this circulation, staff received did
not receive written responses from the public. Seven participants attended the Community
Meeting held on March 29, 2023. Proposed amendments were presented to the Kitchener
Development Liaison Committee on March 10, 2023.
PREVIOUS REPORTS/AUTHORITIES:
• Municipal Act, 2001
• Planning Act, 1990
• Bill 109, More Homes for Everyone Act, 2022
• Bill 13, Supporting People and Businesses Act, 2021
• Bill 23, More Homes Built Faster Act, 2022
• DSD -2022-192 titled "Province of Ontario More Homes for Everyone Plan (Bill
109)" and DSD -2022-199 titled "Addendum Report to DSD -2022-192 Province of
Ontario More Homes for Everyone Plan (Bill 109)"
• DSD -2022-501 titled "Bill 23 More Homes Built FasterAct - Kitchener Comments"
REVIEWED BY: Tina Malone -Wright — Interim Manager of Development Review, Planning
Division
APPROVED BY: Justin Readman - General Manager, Development Services
ATTACHMENTS:
Appendix Al - Proposed Official Plan Amendment
Page 656 of 792
Appendix A2 -
Proposed Official Plan Amendment Rationale
Appendix B1 -
Proposed Zoning By-law 85-1 Amendment
Appendix B2 -
Proposed Zoning By-law 2019-051 Amendment
Appendix B3 -
Proposed Zoning By-law Amendment Details and Rationale
Appendix C -
Proposed Amendment to the City of Kitchener Delegated Approval
Authority By-law
Appendix D -
Proposed Amendment to the City of Kitchener Site Plan Control By-law
Appendix E -
Proposed Amendment to the City of Kitchener Demolition Control By-law
Appendix F -
Proposed Amendment to Policy MUN-PLA-1095 - Public Participation in
the Planning Process
Appendix G -
FIN -GRA -2006 - Development Charges Payment for Affordable Rental
Housing and FIN -PLA -2031 - Affordable Housing Development Charges
Waiver Policy
Appendix H -
City and Agency Circulation Comments
Appendix I -
Newspaper Notice - Notice of Statutory Public Meeting
Page 657 of 792
AMENDMENT NO. ## TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
CITY OF KITCHENER
Page 658 of 792
AMENDMENT NO. ## TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
CITY OF KITCHENER
INDEX
SECTION 1 TITLE AND COMPONENTS
SECTION 2 PURPOSE OF THE AMENDMENT
SECTION 3 BASIS OF THE AMENDMENT
SECTION 4 THE AMENDMENT
APPENDICES
APPENDIX 1 Notice of the Meeting of Planning and Strategic Initiatives
Committee of June 19, 2023
APPENDIX 2 Minutes of the Meeting of Planning and Strategic Initiatives
Committee — June 19, 2023
APPENDIX 3 Minutes of the Meeting of City Council — June 26, 2023
2
Page 659 of 792
AMENDMENT NO. ## TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER
SECTION 1 —TITLE AND COMPONENTS
This amendment shall be referred to as Amendment No. _ to the Official Plan of the City of
Kitchener. This amendment is comprised of Sections 1 to 4 inclusive.
SECTION 2 — PURPOSE OF THE AMENDMENT
The purpose of the Official Plan Amendment is to incorporate certain modifications to the text of
the Official Plan to meet the requirements of the Planning Act, to implement and respond to Bill
23, Bill 109 and to enact regulations introduced through Bill 13 in order to support delivery of
housing.
SECTION 3 — BASIS OF THE AMENDMENT
Recent Provincial updates have made impactful changes to the Planning Act and other legislation,
with the objective to bring more housing to market more quickly. In response to these changes,
staff are recommending various amendments to the Official Plan, which will be further
implemented in the City's Zoning By-laws (85-1 and 2019-051), and various other implementing
by-laws and Council policies. The recommended changes work together and are focussed into
two key areas of change:
Enacting Tools that Reduce Review Timelines (Bill 109 and Bill 13 Implementation):
The first set of changes enact and strengthen tools to help the City reduce review timelines so
that decisions can be made within the legislated timeframes. New legislation provides financial
incentive to make decisions on certain application types such as Site Plan Approvals, and Official
Plan and Zoning By-law amendments by mandating the incremental refund of development
application fees.
Changes in these areas will help the municipality ensure applications are complete at the time
they are accepted so that the `clock' doesn't start until all supporting documentation is received;
reducing the administrative burden on Council for routine and minor zoning bylaw amendments
such as removing holding provisions when conditions are fulfilled, or enacting administrative
changes; and better aligning the notice of a statutory public meeting with reporting timelines which
provide additional time for issue resolution, and ensures that a report is available when notice is
given.
Mandatory Changes to Deliver Housing (Bill 23 Implementation):
The second category of amendments are those which have been mandated by the Province to
reduce planning process associated with smaller scale residential developments. These changes
include no longer permitting the use of Site Plan Control for residential developments with 10 units
or less on a parcel of urban residential land with limited exceptions, permitting up to 3 dwelling
units on a parcel of urban residential land, and removing the municipality's ability to approve the
aesthetics or character of a building (including materials/colour, etc).
Further details with respect to the amended policies may be found in Appendix A2 of report DSD -
2023 -239. Staff is of the opinion that the Official Plan amendment is consistent with and conforms
to the Planning Act, Provincial Policy Statement (2020), the provincial Places to Grow Act (2005)
and A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) and the Regional
Official Plan (2010), and represents good planning.
Page 660 of 792
SECTION 4—THE AMENDMENT
The City of Kitchener Official Plan is hereby amended as follows:
a) Table of Contents, Part E, Section 17.E.20 Committee of Adjustment is amended
by adding "Submission Requirements ....17-39" after "Change in Use... 17-38";
b) Part C, Section 4.C.1, Policy 4.C.1.7. is amended by adding the words", cross-
sections" following "elevation drawings", by deleting the words "architectural
design", and by adding the phrase ", conforms to zoning, and provides for a
healthy, safe, accessible and sustainable building and site design" after the word
"buffering";
c) Part C, Section 4.C.1, Policy 4.C.1.8. a) is amended by adding the phrase "and will
have regard to Section 11 of this Plan, the City's Urban Design Manual, and any
site-specific Urban Design Brief or Urban Design Report and Urban Design
Scorecard." following the word "neighbourhood";
d) Part C, Section 4.C.1 is amended by deleting "Policy 4.C.1.23" in its entirety and
replacing it with the following:
"4.C.1.23 The City, in accordance with Planning Act and other applicable
legislation, will permit up to three dwelling units on a lot, unless
otherwise limited by the policies of this Plan, and in accordance with
the City's Zoning By-law, in order to provide additional housing options
to Kitchener homeowners and residents.
Additional dwelling units will be permitted as follows:
a) The addition of up to two additional dwelling unit(s) (attached),
within a single detached dwelling, a semi-detached dwelling or a
street -townhouse dwelling, and
b) The addition of up to one additional dwelling unit (detached) and
one additional dwelling unit (attached) within a single detached
dwelling, a semi-detached dwelling or a street -townhouse dwelling.
Additional dwelling units (attached) and additional dwelling units
(detached) may be further regulated by the City's Zoning By-law. ";
e) Part C, Section 4.C.1, Policy 4.C.1.24. is amended by deleting the first sentence "The
City, in accordance with Planning Act and other applicable legislation, will permit a
stand-alone additional dwelling unit (detached), as an ancillary use to single detached
dwellings, semi-detached dwellings and street townhouse dwellings", by deleting the
word "an" following the word "permitting", adding "(s)" after the word "unit", in the 2nd
sentence and by deleting subsection d) and the sentence "Additional dwelling units
(detached) will be subject to site plan control" and replacing it with the following:
"d) the site layout considers other requirements including servicing, pedestrian and
vehicular access, stormwater management, grading and drainage, tree
Page 661 of 792
preservation, and provision of amenity areas, landscaped buffers and visual
screening; and
e) up to one parking space may be required for each Additional Dwelling Unit.'; -
f) Part C, Section 11.C.1, Policy 11.C.1.1 is amended by adding the phrase "and in
accordance with the Planning Act." following the words "Urban Design Manual";
g) Part C, Section 11.C.1, Policy 11.C.1.6 is amended by replacing the phrase "and/or
urban design report" with "urban design report and/or urban design scorecard", and by
adding "and which may be adopted by Council." following "Section 17.E.10";
h) Part C, Section 11.C.1, Policy 11.C.1.9 is amended by adding the phrase ", and in
accordance with the Planning Act" following the words "Site Plan Control";
i) Part C, Section 11.C.1, Policy 11.C.1.30 a) is amended by deleting the word
"aesthetic";
j) Part C, Section 11.C.1, Policy 11.C.1.31 is amended by adding the words "and cycling"
following the word "pedestrian", deleting the word "attractive", and adding the phrase
"that are accessible, safe and have a functional relationship to the street," following
the word "streetscapes";
k) Part C, Section 11.C.1, Policy 11.C.1.32 is amended by adding the sentence " An
owner/applicant may be required to prepare an Urban Design Brief, Urban Design
Report, Urban Design Scorecard and/or Urban Design Guidelines, in support of a
development application." following "locations.";
1) Part D, Section 15.D.2 is amended by deleting "Policy 15.D.2.31" in its entirety and
replacing it with the following:
"15.D.2.31 Applications for development and/or redevelopment will be reviewed to
ensure conformity with to Section 11 of this Plan and the Urban Design
Guidelines contained within the City's Urban Design Manual, and any site-
specific Urban Design Guidelines, Urban Design Brief, Urban Design
Report and/or Urban Design Scorecard.";
m) Part D, Section 15.D.12, Policy 15.D.12.2.a) ii) is amended by deleting the phrase ",
only single detached and duplex dwellings will be permitted to a", by adding the word
"the" prior to the word "maximum", and by replacing the word "of" with the phrase "will
be" following the word "density";
n) Part D, Section 15.D.12, Policy 15.D.12.16 is deleted in its entirety.
o) Part E, Section 17.E.2, Policy 17.E.2.18 is amended by adding the phrase ", and any
alternative notice procedures outlined in Section 17.E.3 of this Plan" following
"Planning Act";
p) Part E, Section 17.E.3, Policy 17.E.3.3 is amended by adding ", and may provide
alternative measures for informing and obtaining the views of the public, in accordance
with the Planning Act." following "as deemed appropriate";
5
Page 662 of 792
q) Part E, Section 17.E.3. is amended by adding the following new Policies 17.E.3.5,
17E.3.6 and 17.E.3.7 after Policy 17.E.3.4 and existing Policies 17.E.3.5, 17.E.3.6 and
17.E.3.7 are renumbered 17.E.3.8, 17.E.3.9 and 17.3.E.10 accordingly:
"17.E.3.5 Notification of a public meeting for the adoption of the Official Plan, Official
Plan Amendments, and Zoning By-law Amendments, as required by the
Planning Act, will be given to the public, and prescribed persons and public
bodies at least 10 days prior to the date of the meeting and the notice will
be given in accordance with the applicable requirements of the Planning
Act.
17.E.3.6 Notice of the intention to pass an amending by-law to remove a Holding "H"
symbol will be given in accordance with the applicable requirements of the
Planning Act.
17.E.3.7 Public meetings under the Planning Act will not be required for minor
amendments to the Zoning By-law.
Notice of the proposed minor amendments and information regarding who
is entitled to appeal will be given to the public by posting on the City's
website, and electronic notice will be given to prescribed persons and
public bodies, a minimum of 10 days prior to a decision being made.";
r) Part E, Section 17.E.3, Policy 17.E.3.10. e) (as renumbered) is amended by adding
the words "electronic or in person" before the word "public";
s) Part E, Section 17.E.3, Policy 17.E.3.10. f) (as renumbered) is amended by adding the
words "electronic or in person" before the word "workshops";
t) Part E, Section 17.E.3, Policy 17.E.3.10. g) (as renumbered) is amended by adding
the words "electronic or in person" before the word "public";
u) Part E, Section 17.E.10, Policy 17.E.10.1 is amended by adding the phrase "in
accordance with the Planning Act" following the words "complete application", and by
deleting "Policy 17.E.10.1 c)" in its entirety and renumbering Policy 17.E.10.1 d) to
17.E.10.1 c) accordingly;
v) Part E, Section 17.E.10, Policy 17.E.10.2 is amended by adding the following
sentences to the end of the policy after the words "Site Plan"; "A Pre -Submission
Consultation Meeting may be required for a Consent Application if other information
and materials are needed to inform the Consent application.
A Pre -Submission Consultation Meeting will include an electronic or in-person meeting
to consult on the development proposal, and may include collaborative components
such as a visioning workshop, a design charette, and site walk(s).";
w) Part E, Section 17.E.10, Policy 17.E.10.3 is amended by adding the phrase at the start
of the second sentence "Where the requirement for this meeting has been waived,"
following the words "Consultation Meeting." in the first sentence;
Page 663 of 792
x) Part E, Section 17.E.10.4.c) is amended by adding the phrase "and in accordance with
any standard or customized Terms of Reference(s)." following the word "Council";
y) Part E, Section 17.E.12, Policy 17.E.12.6 is amended by adding the phrase "and public
meetings" after the words" such applications" and adding "and alternative notice
procedures contained in Section 17.E.3 of this Plan." following "Planning Act";
z) Part E, Section 17.E.12 is amended by adding Policy 17.E.12.7 thereto as follows:
"17.E.12.7 Council may, by By-law, delegate to the Director of Planning, the authority
to approve minor amendments to the Zoning By-law including but not
limited to:
a) a by-law to remove a holding symbol; and
b) updates to assist with clarity and interpretation where the effect of the
regulation is not substantively changed.";
aa) Part E, Section 17.E.13 is amended by adding Policy 17.E.13.8 thereto as follows:
"17.E.13.8. Council may, by By-law, delegate to the Director of Planning, the authority
to approve a zoning by-law in accordance with Policy 17.E.13.7";
bb) Part E, Section 17.E.20 is amended by adding Policy 17.E.20.11 thereto as
follows:
"Submission Requirements
17.E.20.11 The City will not accept an application to the Committee of Adjustment for
processing unless such development application includes the necessary
information and materials, in accordance with Planning Act regulations.
Other information and materials may be required as part of a complete
application for consent. Such materials may be identified in a Record of
Pre -Submission Consultation where a Pre -Submission Consultation
Meeting is held, or may include other information and materials identified
by the City that are necessary to review the Committee of Adjustment
application, such as but not limited to:
a) Site Plan and Elevation drawings;
b) Environmental Studies;
c) Servicing Reports or Studies; and
d) Tree Preservation/Enhancement Plan";
cc) Part E, Section 17.E.22, Policy 17.E.22.1 is amended by deleting "Section
17.E.22.1. b)" in its entirety and replacing it with the following:
"b) Residential uses which are not considered `development', in accordance
with section 41 of the Planning Act, including for example single detached
dwellings; semi-detached dwellings; and street -townhouse dwellings,
cluster townhouse dwellings and multiple dwellings where there are 10
dwelling units or less on a parcel of land. Notwithstanding the foregoing, a
Page 664 of 792
Site Plan Control Area may include development where Site Plan Control
is permitted by the Planning Act, for example a land lease community
home, or three or more mobile homes.
dd) Part E, Section 17.E.22 is amended by deleting "Policy 17.E.22.3" in its entirety
and replacing it with the following:
17.E.22.3 Proposed development and/or redevelopment within the Site Plan
Control Area may not be permitted until such time as the City has
approved drawings and plans (including a site plan, elevation
drawings and cross-section views) for all buildings and structures
to be erected (including all buildings to be used for residential
purposes regardless of the number of dwelling units, and where
considered `development' in accordance with Section 41 of the
Planning Act), and for site development works, and sustainable
design elements within the City and/or Region's right-of-way, in
accordance with the Planning Act";
ee) Part E, Section 17.E.22, Policy 17.E.22.9 is amended by adding the phrase "and
Provincial Legislation" following the words "Urban Design Manual";
ff) Part F, Schedule A: Glossary of Terms the definition for "Low Rise Residential
Land Uses" is amended by deleting the phrase "duplex dwellings" and replacing it
with the phrase "additional dwelling units attached and detached"
gg) Part F, Schedule A: Glossary of Terms is amended by adding the term "Urban
Design Scorecard" after the term "Urban Design Report":
"Urban Design Scorecard — an urban design evaluation tool that may be required
to be completed by an owner/applicant to demonstrate how a development
application implements the City's Urban Design Manual. An urban design
scorecard may be required instead of an Urban Design Report."; and
hh) Part F, Schedule B: Other Information and Materials is amended as follows:
i) Section 1. Cultural Heritage Resources is amended by adding
"Commemoration Plan", "Cultural Heritage Protection Plan", "Hoarding
Plan", "Risk Management Plan", "Salvage and Documentation Plan", and
"Temporary Protection Plan" to the table in the appropriate alphabetical
order;
ii) Section 3. Environmental/Natural Heritage/Natural Hazards is amended by
adding "Arborist Report including International Society of Arboriculture
Valuation of Trees" in the table after "Aggregate/Mineral Resource
Analysis";
iii) Section 4. Environmental/Servicing and Infrastructure is amended by
adding "Topographical Survey" in the table after "Soils or Geotechnical
Study";
iv) Section 6. Planning, "Site Plan" in the table is amended to read as "Site
Plan, Building Cross-sections, Floor Plans";
8
Page 665 of 792
V) Section 6. Planning "Sustainability Report/ Checklist" in the table is
amended to read as "Sustainability Report/Statement/Checklist";
vi) Section 6. Planning "Urban Design Brief or Report" in the table is amended
to read as "Urban Design Brief, Urban Design Report, or Urban Design
Scorecard";
vii) Section 7. Transportation is amended by adding "Fire Route and
Emergency Turnaround Plan (with unit numbering)", "Parking Justification
Report", "Right-of-way Cross -Sections", "Streetscape Plan", and "Truck
Turning Movement Plan" to the table in the appropriate alphabetical order.
9
Page 666 of 792
APPENDIX 1 Notice of the Meeting of Planning and Strategic Initiatives
Committee of June 19, 2023
NOTICE OF PUBLIC MEETING i
for city-wide amendments to implement changes
by the provincial government related to housing
Have Your Voice Heard!
Planning& Strategic Initiatives Committee
Date: June "19, 2023
Location: Council Chambers.
■ ■0 Kitchener City Hall
200 King Street West
orVirtual Zoom Meeting
3 Units New
Permitted Zoning Go to kitchenenca/meetings
Per Lot Regulations and select
a Current agendas and reports
{pasted 10 days bef=ore meeti ng}
*Appear as a delegation
• Watch a meeting
e To learn more about this project, includinp,
information on your appeal rights, visit=
wwwAitchener ca/
New Legislated PlsnningApplicat ons
Parking Lot Policy or contact
Regulations Updates Tanya Roberts, Project Manager
ta nya. ro berts@kitchener.ca
519.741.2200 x7704
City Planning and Building staff are proposing amendments to the Official Plan, Zoning
by-law, and other policies and bylaws in response to recent changes to provincial legislation:
Bi IL 13, Supporting People and Businesses Act, 2021
Bill 109, More Homes for Everyone Act, 2022
Bilt 23, More Horses l3uiilt FasterAck 2022
These bills are implementing measures to address the province -wide housing crisis, Tfiis
meet ingwiLl. outline the City's proposed amendments and updates in response to these new
provincial directives.
10
Page 667 of 792
APPENDIX 2 Minutes of the Meeting of Planning and Strategic Initiatives
Committee of June 19, 2023
11
Page 668 of 792
APPENDIX 3 Minutes of the Meeting of City Council — June 26, 2023
12
Page 669 of 792
Appendix A2 - Propose Revisions to Official Plan Policies
Highlight indicates new or revised wording
Existing Policy # Current Wording Proposed Policy/Amendment
HOUSING
4.C.1.7
The City may require a site plan, elevation drawings,
The City may require a site plan, eleva
landscaping plans and any other appropriate plans and/or
sections, landscaping plans and any of
studies, to support and demonstrate that a proposed
and/or studies, to support and demon
development or redevelopment is compatible with respect
proposed development or redeveloprr
to built form, architectural design, landscaping, screening
with respect to built -form, arehiteet,ir
and/or buffering. These requirements are intended to
landscaping, screening and/or bufferir
address the relationship to adjacent residential
zoning, and provides for a healthy, saf
development, to ensure compatibility with the existing built
sustainable building and site design. TI
form and the community character of the established
are intended to address the relationsh
neighbourhood and to minimize adverse impacts.
residential development, to ensure co
existing built form and the community
established neighbourhood and to mir
impacts.
4.C.1.8.
Where a special zoning regulation(s) or minor variance(s)
Where a special zoning regulation(s) o
is/are requested, proposed or required to facilitate
is/are requested, proposed or require
residential intensification or a redevelopment of lands, the
residential intensification or a redevel,
overall impact of the special zoning regulation(s) or minor
overall impact of the special zoning re
variance(s) will be reviewed, but not limited to the following
variance(s) will be reviewed, but not li
to ensure, that:
following to ensure, that:
a) Any new buildings and any additions and/or
a) Any new buildings and any addi
modifications to existing buildings are appropriate
modifications to existing buildir
in massing and scale and are compatible with the
massing and scale and are com
built form and the community character of the
form and the community chara
established neighbourhood.
established neighbourhood, an
b) ...(no further changes recommended)
Section 11 of this Plan, the City'
Manual, and any site specific U
Urban Design Report.
4.C.1.23
The City will support the addition of an additional dwelling
The City, in accordance with the Plann
unit(s), attached, within a residential unit, where desirable
applicable legislation, will permit up tc
and appropriate unless otherwise limited by the policies of
on a lot, unless otherwise limited by ti
this Plan, and in accordance with the City's Zoning By-law, in
Plan, and in accordance with the City'!
order to provide another housing option to Kitchener
order to provide additional housing or
homeowners and residents.
homeowners and residents, and in ac(
Planning Act.
Additional dwelling units will be permi
a) The addition of up to two add!
unit(s) (attached), within a sin
dwelling, a semi-detached dw,
townhouse dwelling, and
b) The addition of up to one addi
(detached) and one additional
(attached) within a single deta
semi-detached dwelling or a s -
dwelling.
Additional dwelling units (attached) ar
units (detached) may be further reguk
Zoning By-law.
4.C.1.24.
The City, in accordance with Planning Act and other
The City, ;^ e,,.,_a;;ee_ • gith Plaw;ipg
applicable legislation, will permit a stand-alone additional
applir=able legislatieR will .,,,.mit a sta
dwelling unit (detached), as an ancillary use to single
dwelliRg uRit (detar=hed) as aR Rr=i
detached dwellings, semi-detached dwellings and street
d-^taenhe - , we11iRgs s, ngi , etaesh^,- eW
townhouse dwellings. The following criteria will be
to •;Aheuse dwellgRgs The following cr
considered as the basis for permitting an additional dwelling
considered as the basis for permitting
unit (detached).
dwelling unit(s) and may be incorpora-
law Regulations:
a) the use is subordinate to the main dwelling on the lot;
b) the use can be integrated into its surroundings with
a) the use will be subordinate to the rr
negligible visual impact to the streetscape;
lot;
c) the use is compatible in design and scale with the built
b) the use will be integrated into its su
form on the lot and the surrounding residential
negligible visual impact to the streetsc
neighbourhood in terms of massing, height and visual
appearance; and
c) the use will be compatible in design
built form on the lot and the surround
d) other requirements such as servicing, parking, access,
neighbourhood in terms of massing, h
stormwater management, tree preservation, landscaping
appearance;
and the provision of amenity areas.
Additional dwelling units (detached) will be subject to site
ste-F.g;A. -+^F . ge Rt tFee pF __
plan control
and the pFevisiel;„F -,....eRity ^ .
d) the site layout considers other requ
servicing, pedestrian and vehicular ac(
management, grading and drainage, ti
provision of amenity areas, landscape
screening.
e) up to one parking space may be req
Additional Dwelling Unit.
plaR m
SECTION 11: URBAN DESIGN
11.C.1.1
The City will require high quality urban design in the review
The City will require high quality urbar
of all development applications through the
of all development applications throu
implementation of the policies of this Plan and the City's
implementation of the policies of this
Urban Design Manual.
Urban Design Manual, and in accordar
Act.
11.C.1.6
A site specific urban design brief and/or urban design report
A site specific Urban Design Brief, Urb;
may be required of an owner/applicant in support of a
and/or Urban Design Scorecard may b
development application in accordance with Section
owner/applicant in support of a develi
17.E.10.
accordance with Section 17.E.10, and
Council.
11.C.1.9
Detailed standards to achieve urban design objectives will
Detailed standards to achieve urban d
be contained in and implemented through a number of
be contained in and implemented thrc
supporting documents and processes, including, but not
supporting documents and processes,
limited to: the City's Urban Design Manual, including
limited to: the City's Urban Design Ma
detailed Urban Design Briefs, the Zoning By-law, Community
detailed Urban Design Briefs, the Zoni
Plans, Secondary Plans, the Sign By -Law, Heritage
Community Plans, Secondary Plans, th
Conservation District Plans, the Development Manual,
Heritage Conservation District Plans, t
Subdivision Control and Site Plan Control.
Manual, Subdivision Control and Site F
accordance with the Planning Act.
11.C.1.30 a)
The City will, through the Site Plan Control process:
The City will, through the Site Plan Cor
a) consider individual site elements to improve the
a) consider individual site elements to
aesthetic quality of the development from the
asic quality of the development f
public realm, adjacent properties and on site;
adjacent properties and on site;
b) ...(no further changes recommended)
11.C.1.31
The City will ensure new buildings are designed, existing
The City will ensure new buildings are
buildings are redeveloped, expanded, converted or
buildings are redeveloped, expanded,
renovated to enhance pedestrian usability, respects and
renovated to enhance pedestrian and
reinforce human scale, create attractive streetscapes and
respects and reinforce human scale, ci
contribute to rich and vibrant urban places.
streetscapes that are accessible, safe
relationship to the street, and contribi
urban places.
11.C.1.32
The City will require special design consideration for
The City will require special design cor
buildings located at priority locations.
buildings at priority locations. An own,
required to prepare an Urban Design E
Report, Urban Design Scorecard and/c
Guidelines, in support of a developme
LAND USE POLICIES
15.D.2.31
The City may withhold Site Plan Approval until such time as
Applications for development and/or i
developments and redevelopments demonstrate adherence
be reviewed to ensure conformity witl
to the City's Urban Design Manual and Downtown specific
Plan and the Urban Design Guidelines
urban design guidelines. Such guidelines could include, but
City's Urban Design Manual, and any s
not limited to, preferred architectural styles, preferred
Design Guidelines, Urban Design Brief,
building materials and preferred building massing.
and/or Urban Design Scorecard.
15.D.12.2 a) ii)
ii) where a municipally -provided wastewater collection
ii) where a municipally -provided wast(
system is determined to be available by the City, only single
system is determined to be available L
detached and duplex dwellings will be permitted to a
d^+a^"^d and duplex dwelliRgs will "^
maximum net residential density of 4 units per hectare. Any
maximum net residential density will k
such development will be compatible with the estate lots in
hectare. Any such development will b(
the Hidden Valley Residential Community;
estate lots in the Hidden Valley Reside
15.D.12.16
Notwithstanding the Low Rise Residential land use
Delete.
designation on the lands located in Lower Doon, duplex
dwellings and second dwelling units in semi-detached
dwellings will not be permitted.
IMPLEMENTATION AND ADMINISTRATION
OFFICIAL PLAN
17.E.2.18
Notice of Official Plan Amendments will be given in
Notice of Official Plan Amendments w
accordance with the procedures as provided for in the
accordance with the procedures as pr(
Planning Act.
Planning Act, and alternative notice pr
s. 17.E.3.5.
PUBLIC CONSULTATION
17.E.3.3
The City will follow the public notification procedures and
The City will follow the public notificat
regulations regarding planning matters that are contained in
regulations regarding planning matter
the Planning Act. Notwithstanding, the City may exceed
in the Planning Act. Notwithstanding,
these requirements as deemed appropriate.
these requirements as deemed approl
provide alternative measures for infor
the views of the public, in accordance
Act.
NEW - 17.E.3.5
Notification of a public meeting for the
Official Plan, Official Plan Amendment
Amendments as required by the Plann
to the public, and prescribed persons i
least 10 days prior to the date of the n
notice will be given in accordance witl'
requirements of the Planning Act.
NEW - 17.E.3.6
Notice of the intention to pass an ame
remove a Holding "H" symbol will be g
with the applicable requirements of tl
NEW - 17.E.3.7
Public meetings under the Planning Ac
for minor amendments to the Zoning I
Notice of the proposed minor amendr
information regarding who is entitled
given to the public by posting on the C
electronic notice will be given to press
public bodies, a minimum of 10 days p
being made.
17.E.3.6
The City may use a variety of communication methods to
The City may use a variety of commun
seek input on planning matters or to provide information to
seek input on planning matters or to p
the general public. Depending on the issues and in
the general public. Depending on the i
accordance with the Planning Act, the City will choose the
accordance with the Planning Act, the
most appropriate method of communication.
most appropriate method of commun
Communication may be in the form of:
Communication may be in the form of
a) direct mail outs;
a) direct mail outs;
b) public notice signs;
b) public notice signs;
c) newspaper advertisements
c) newspaper advertisements
d) surveys, electronic or mail out;
d) surveys, electronic or mail out;
e) public information open houses;
e) electronic or in-person public inforr
f) workshops/charettes;
f) electronic or in-person workshops/c
g) public meetings; and/or,
g) electronic or in-person public meeti
h) the City web site and/or other forms of social media.
h) the City web site and/or other form
COMPLETE APPLCIATION REQURIEMENTS
17.E.10.1
The City will not accept an application for a Plan of
The City will not accept an application
Subdivision, a Plan of Vacant Land Condominium, an Official
Subdivision, a Plan of Vacant Land Cor
Plan Amendment, a Zoning By-law Amendment, a Consent
Plan Amendment, a Zoning By-law Am
and/or a Site Plan for processing unless such development
and/or a Site Plan for processing unles
application is considered to be a complete application. To
application is considered to be a comp
be deemed complete an application must satisfy the
accordance with the Planning Act. To I
following:
an application must satisfy the followi
a) include all applicable statutory requirements, including
a) include all applicable statutory requ
the submission of the prescribed information and the
the submission of the prescribed infor
requirements as listed on the application forms and the
requirements as listed on the applicatl
required studies and plans and/or drawings;
required studies and plans and/or drat
b) be submitted with the prescribed fee;
b) be submitted with the prescribed fe
c) include the Record of Pre -Submission Consultation,
where a Pre -Submission Consultation Meeting is required;
and,
d) include any other information and materials that are
necessary to support the application that have been
identified by either the City or at the Pre -Submission
Consultation Meeting.
e) iRr=lude the Reeerd_ of Pre S -,"^^i« ^
y,her( a °r«;
a44d-,
d) include any other information and r
necessary to support the application t
identified either by the City or in the R
Submission Consultation.
17.E.10.2.
An owner/applicant will be required to participate in a Pre-
An owner/applicant will be required t(
Submission Consultation Meeting prior to the submission of
Submission Consultation Meeting prio
an application for a Plan of Subdivision, a Plan of Vacant
an application for a Plan of Subdivisior
Land Condominium, an Official Plan Amendment, a Zoning
Land Condominium, an Official Plan Ar
By-law Amendment and/or a Site Plan.
By-law Amendment and/or a Site Plan
Consultation Meeting may be require(
Application if other information and rr
to inform the Consent application.
A Pre -Submission Consultation Meetir
electronic or in-person meeting to cor
development proposal, and may inclui
components such as a visioning works
charette, and site walk(s).
17.E.10.3.
Notwithstanding Policy 17.E.10.2, the City may waive the
Notwithstanding Policy 17.E.10.2, the
requirement for a Pre -Submission Consultation Meeting,
requirement for a Pre -Submission Con
where the City has identified that, due to the nature of the
where the City has identified that, due
proposal, the need for and scope of required other
proposal, the need for and scope of re
information and materials can be determined without Pre-
information and materials can be dete
Submission Consultation Meeting. The City will provide the
Submission Consultation Meeting. Wh
owner/applicant with a form that identifies the necessary
for this meeting has been waived, the
other information and materials to be submitted with the
owner/applicant with a Record of Con
application(s) to deem it complete.
identifies the necessary other informa
be submitted with the application(s) t(
17.E.10.4 c)
The purpose of the Pre -Submission Consultation Meeting is
The purpose of the Pre -Submission Co
to identify any other information and materials, as listed in
to identify any other information and
Schedule B: Other Information and Materials, which may be
Schedule B: Other Information and Mi
necessary and required to review the application. Some of
necessary and required to review the ;
these other materials as listed in Schedule B may be scoped
these other materials as listed in Sche,
or waived through Pre -Submission Consultation. Where
or waived through Pre -Submission Cor
other information and materials have been identified to be
other information and materials have
submitted with the development application the other
submitted with the development appl
information and materials will be:
information and materials will be:
a) in keeping with the scope and complexity of the
a) in keeping with the scope and comr
application(s);
application(s);
b) prepared by a qualified professional (as defined in
b) prepared by a qualified professiona
applicable legislation or alternatively to the satisfaction of
applicable legislation or alternatively t
the City) retained by and at the expense of the
the City) retained by and at the expen
owner/applicant;
owner/applicant;
c) prepared in accordance with any applicable Federal,
c) prepared in accordance with any ap
Provincial and Regional Guidelines and Policies and any City
Provincial and Regional Guidelines anc
Guidelines or Policies that have endorsed by Council; and,
Guidelines or Policies that have endor�
accordance with any a standard or cus
d) Other Information and Materials required to process a
Reference(s).
Site Plan Approval Application will be limited to those
matters set out under Section 41 of the Planning Act, as
d) Other Information and Materials re
may be amended from time to time.
Site Plan Approval Application will be I
matters set out under Section 41 of th
may be amended from time to time.
ZONING BY-LAW
17.E.12.6
The City will consider all applications to amend the Zoning
The City will consider all applications t
By-law and will provide notice of such application in
By-law and will provide notice of such
accordance with the provisions and regulations of the
public meetings in accordance with th
Planning Act.
regulations of the Planning Act, and al
procedures outlined in Section 17.E.3
NEW 17.E.12.7
Council may, by By-law, delegate to th
Planning, the authority to approve mii
the Zoning By-law including but not lir
a) a by-law to remove a holding symb(
b) updates to assist with clarity and in -
the effect of the regulation is not subs
HOLDING PROVISIONS
NEW 17.E.13.8
City Council may, by By-law, delegate
Planning, the authority to enact a by -l;
with policy 17.E.13.7.
COMMITTEE OF ADJUSTMENT
NEW 17.E.20.11
ADD "Submission Requirements"
The City will not accept an application
Adjustment for processing unless such
application includes the necessary infc
materials, in accordance with Plannin€
Other information and materials may
a complete application for consent. Si
identified in a Record of Pre-Submissic
where a Pre -Submission Consultation
may include other information and mz
the City that are necessary to review t
Adjustment application, such as but nc
a) Site Plan and Elevation drawings;
b) Environmental Studies;
c) Servicing Reports or Studies;
d) Tree Preservation/Enhancement P
SITE PLAN CONTROL
17.E.22.1
The City will establish, by by-law, a Site Plan Control Area
The City will establish, by by-law, a Sib
which will encompass all of the lands within the boundaries
which will encompass all of the lands x
of the city and will be applicable to all development or
of the city and will be applicable to all
redevelopment excluding:
redevelopment excluding:
a) farm operations, farm buildings and the residence of the
a) farm operations, farm buildings and
farm operator on agriculturally zoned land; and,
farm operator on agriculturally zoned
b) single detached dwellings, semi-detached dwellings and
"` si^^'^ detar=hed dwelliRgs semi det
duplexes except those:
duplexes exr=ept+"^s^:
i) permitted within or contiguous to lands designated
` ^^-.. fitted- ,••;+";. ^. ,.^.,+;^„^„6'
Natural Heritage Conservation or natural hazardous
+,,.-,1 McFitage GewSe.ry,+;eA ^..,
lands;
ii) those single detached dwellings, semi-detached
ii) these s;.,^'^ det.arch„,- , welliRgs
dwellings and duplexes forming part of a vacant land
dwelliRgs and duplexes fe ^^ ^^
condominium, zero lot line, linked housing, or similar
se ,aeFe let li^^ sem
innovation in house grouping developments; and,
ev;Ai^^ i^ heuse gFeupiRg dove
iii) those which are a cultural heritage resource or have
iii` these which area ei,'+ ral herr
cultural heritage value and/or interest.
„'+,,.-,' heir;+^^^ value -,Rd/e. iRte
b) Residential uses which are not cons
'development', in accordance with sec
Planning Act, including for example sir
dwellings; semi-detached dwellings; a
dwellings, cluster townhouse dwelling
dwellings where there are 10 dwelling
parcel of land. Notwithstanding the fc
Control Area may include developmer
Control is permitted by the Planning A
lease community home, or three or m
17.E.22.3.
Proposed development or redevelopment within the Site
Proposed development and/or redeye
Plan Control Area may not be permitted until such time as
Site Plan Control Area may not be peri
the City has approved drawings showing plan, elevation and
as the City has approved drawings anc
cross-section views for all buildings to be erected (including
site plan, elevation drawings and cros!
all buildings to be used for residential purposes regardless
buildings and structures to be erected
of the number of units) and for other site development
buildings to be used for residential pui
works sufficient to display the following:
the number of dwelling units, and wh(
'development' in accordance with secs
a) exterior building design considerations including, without
Planning Act), and for site developmer
limitation:
sustainable design elements within the
i) character
right-of-way, in accordance with the P
ii) scale
iii) appearance
iv) design features
v) sustainable design
vi) signage, where applicable
b) Design elements within and/or adjacent to City and/or
Regional right-of-way, including without limitation:
i) trees, shrubs and/or hedges
ii) other plantings and groundcover
iii) permeable paving materials
iv) street furniture
v) curb cuts and driveway ramps
vi) waste, recycling and composting containers
vii) bicycle parking facilities
viii) public transit facilities, where applicable
c) Site development works and site design including,
without limitation:
i) landscaping
ii) lighting
iii) grading and drainage
iv) erosion and sedimentation control
v) stormwater management design and areas
vi) barrier-free and universal accessibility
vii) pedestrian access and bicycle facilities
viii) loading and parking areas
ix) facilities for the storage of garbage, recycling and other
waste material
x) outdoor amenity and/or play facilities, where appropriate
xi) locations for public art
xii) signage, where applicable
17.E.22.9.
The City will ensure the principles of barrier-free and
The City will ensure the principles of b
universal accessibility for all persons, in accordance with the
universal accessibility for all persons, i
standards as outlined in the Urban Design Manual, will be
the standards as outlined in the Urbar
implemented during the preparation and review of site
Provincial legislation, will be implemei
development proposals and improvement plans and
preparation and review of site develoi
programs
improvement plans and programs
PART F — Schedule A: Glossary of Terms
Low Rise
single detached dwellings, duplex dwellings, semi-detached
single detached dwellings, duplex�
Residential
dwellings, street and cluster townhouse dwellings and low-
dwelling units attached and detached,
Land Uses
rise multiple dwellings.
dwellings, street and cluster townhou:
rise multiple dwellings.
NEW
Urban Design Scorecard — an urban de
that may be required to be completed
PART F - Schedule B: Other Information and Materials (New items are highlighted)
owner/applicant to demonstrate how
application implements the City's Urb;
An Urban Design Scorecard may be re,
association with an Urban Design Reps
Brief.
1. Cultural Heritage Resources
Archaeological Assessment
Commemoration Plan
Corridor Enhancement Plan
Cultural Heritage Protection Plan
Heritage Conservation Plan
Heritage Design Guidelines or Brief
Heritage Impact Assessment (HIA)
Heritage Permit Application
Hoarding Plan
Risk Management Plan
Salvage and Documentation Plan
Structural Assessment (Building Conditions Report)
Temporary Protection Plan
2. Digital Plans
Site Plan in accordance with City digital submission standards
Subdivision Plan or Condominium Plan in accordance with City digital submission standards
3. Environmental/Natural Heritage/Natural Hazards
Aggregate/Mineral Resource Analysis
Arborist Report including International Society of Arboriculture Valuation of Trees
Chloride Impact Study
Cut and Fill Analysis
Environmental Impact Study (EIS)
Floodline Delineation Study
Hydraulics Study
Hydrogeological Assessment
Local Air Quality Study
Master Drainage Study
Slope Stability/Erosion Hazard Study and Report
Studies and/or Plans required by Kitchener's Tree Management Policy (General Vegetation Overview)
Detailed Vegetation Plan,
Tree Preservation/Enhancement Plan
Subwatershed Master Plan
Watershed Plan
4. Environmental/Servicing and Infrastructure
Alternative or Renewable Energy Systems Feasibility Study
District Energy System Feasibility Study
District Heating Feasibility Study
Energy Audit
Energy Conservation Efficiency Study
Environmental Implementation Report as required by an approved (sub)watershed plan
Environmental Site Assessment and/or Record of Site Condition
Functional Servicing Report
Grading and Drainage Control Plan
Integrated Energy Master Plan
Municipal Financial Impact Assessment
Municipal or Private Water Supply Analysis Study
Preliminary Grading Plan
Preliminary Stormwater Management Report and Plan
Private Servicing Study
Sanitary Sewer Capacity Analysis Study
Soils or Geotechnical Study
Topographical Survey
Update to an existing Stormwater Management Plan
Water Conservation Plan
Water Distribution Analysis
5. Land Use Compatibility
3 -Dimensional Modeling
Agricultural Impact Assessment
Angular Plane Analysis
Building Elevation Drawings
CPTED (Crime Prevention Through Environmental Design) Report
Dust Impact Assessment
Health Impact Assessment
Land Use Compatibility Study
Landfill Impact Study
Minimum Distance Separation Assessment
Noise Study
Odour Impact Assessment
Shadow Study
Snow Deposition Study
Vibration Study
Wind Study
6. Planning
Affordable Housing Report
Concept Plan
Design and Vision Session in accordance with the Neighbourhood Design Guidelines
Existing Conditions Plan
Neighbourhood Design Report or Brief
Planning Justification Study
Rental Conversion Assessment
Retail Impact Study
School Accommodation Issues Assessment
Site Plan, Building Cross -Sections, Floor Plans
Site Walk in accordance with the Neighbourhood Design Guidelines
Sustainability Report/ Checklist
Sustainability Report/Statement/Checklist
Urban Design Brief, Urban Design Report or Urban Design Scorecard
7. Transportation
Active Transportation Connectivity Plan
Driveway Location and On -Street Parking Plan
Fire Route & Emergency Turnaround Plan (with unit numbering)
Parking Analysis
Parking Justification Report
Pedestrian Route and Sidewalk Analysis
Roundabout Feasibility Analysis
Right-of-way Cross Sections
Streetscape Plan
Traffic Calming Options Report
Transit Assessment
Transportation Demand Management Report
Transportation Impact Study
Truck Turning Movement Plan
PROPOSED BY — LAW
,2023
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to amend By-law 85-1, as amended,
known as the Zoning By-law for the City of Kitchener)
WHEREAS it is deemed expedient to amend By-law 85-1;
NOW THEREFORE the Council of the Corporation of the City of Kitchener
enacts as follows:
Subsection 2.3 of By-law Number 85-1 is hereby amended to add the portions of the
below text that are highlighted in grey, and delete portions of the below text with a
strikethroug h:
"No change may be made in the type of use of any land covered by this By law or
change in the type of use of any building on any such land without a Zoning
(Occupancy) Certificate being issued by the Director of Planning to the effect that the
proposed use is not contrary to this By law. A Zoning (Occupancy) Certificate shall
be required for each use contained within a building containing multiple uses.
Notwithstanding the above, no zoning (occupancy) certificate shall be required for a
single detached dwelling with or without one additional dwelling unit (attached),
duplex dwelling, semi-detached dwelling with or
without one additional dwelling unit (attached), semi-detached duplex dwelling, meet
+rv.,r N-411co rlWelliRg private home daycare or commercial parking facility."
2. Section 2 of By-law Number 85-1 is hereby amended by adding the following new
regulation:
"2.5 TECHNICAL REVISIONS TO THE ZONING BY-LAW
Technical revisions may be made to this By-law without the need for a Zoning By-law
Amendment. Technical revisions means the correction of numbering, cross-
referencing, grammar, punctuation or typographical errors, mapping errors, or
revisions to format in a manner that does not change the intent of this By-law."
3. Section 4.2 of By-law Number 85-1 is hereby amended by adding the following new
definition in proper alphabetical order:
""Additional Dwelling Unit (Attached)" means the use of a single detached
dwelling, semi-detached house, or street townhouse dwelling where a separate self-
contained dwelling unit is located within the principal building."
Page 688 of 792
4. Section 4.2 of By-law Number 85-1 is hereby amended by deleting the definition of
"Driveway" and replacing it with the following new definition in proper alphabetical
order:
"Driveway" means a vehicle route that provides access from a street or lane to a
drive aisle, parking space, or parking lot."
5. Section 4.2 of By-law Number 85-1 is hereby amended to add the portions of the
below text in the definition of "Multiple Dwelling" that are highlighted in grey, and
delete portions of the below text in the definition of "Multiple Dwelling" with a
strikethroug h:
"Multiple Dwelling" means a building containing thf-eefour or more dwelling units but
shall not include a street townhouse dwelling or semi-detached dwelling."
6. Section 4.2 of By-law Number 85-1 is hereby amended to add the portions of the
below text in the definition of "Parking Lot' that are highlighted in grey:
"Parking Lot" means an area located on a lot which contains four or more parking
spaces and a minimum of one drive aisle."
7. Section 4.2 of By-law Number 85-1 is hereby amended by adding the following new
definition in proper alphabetical order:
"Principal" means, when used to describe a use, the primary use carried out on the
lot or within a building or structure, and, when used to describe a building or structure,
means the building or structure in which the primary use is conducted, or intended to
be conducted."
8. Section 5.22 of By-law Number 85-1 is hereby amended by inserting a new
Subsection 5.22.1 thereto:
"5.22.1 ONE ADDITIONAL DWELLING UNIT (ATTACHED)
One Additional Dwelling Unit (Attached) may be permitted in association with a Single
Detached Dwelling, a Semi -Detached House or a Street Townhouse Dwelling in
accordance with the regulations specified by the zone category and applying to
Single Detached Dwelling, Semi -Detached House, or Street Townhouse Dwelling in
which an Additional Dwelling Unit (Attached) are located and in addition to and as
amended by the following:
a) One Additional Dwelling Unit (Attached) shall only be located in the same building
as a Single Dwelling, a Semi -Detached House, or a Street Townhouse Dwelling;
b) An Additional Dwelling Unit (Attached) shall be connected to full municipal
services.
5.22.1.1 ONE ADDITIONAL DWELLING UNIT (ATTACHED) AND DUPLEXES
Page 689 of 792
1 A Duplex Dwelling shall be considered as a Single Detached Dwelling with
One Additional Dwelling Unit (Attached) and a Semi -Detached Duplex House
shall be considered as a Semi -Detached House with One Additional Dwelling
Unit (Attached).
2 New Duplex Dwellings or Semi -Detached Duplex House may be permitted in
accordance with regulations set out in Section 5.22.1 One Additional Dwelling
Unit (Attached)."
9. Section 5.22 of By-law Number 85-1 is hereby amended by inserting a new
Subsection 5.22.2 thereto:
"5.22.2 TWO ADDITIONAL DWELLING UNITS (ATTACHED)
Two Additional Dwelling Units may be permitted in association with a Single
Detached Dwelling, a Semi -Detached House, or a Street Townhouse Dwelling in
accordance with the regulations specified by the zone category and applying to
Single Detached Dwelling, Semi -Detached House, or Street Townhouse Dwelling in
which the two Additional Dwelling Units (Attached) are located and in addition to and
as amended by the following:
a) two Additional Dwelling Units (Attached) shall be connected to full municipal
services;
b) a maximum of one pedestrian entrance to the principal building shall be located
on each street line fagade, except where more pedestrian entrances are existing;
c) no more than two Additional Dwelling Units (Attached) are permitted on a lot;
d) the maximum number of Dwelling Units on a lot shall be three;
e) the minimum lot area shall be 395 square metres or in accordance with the
minimum lot area specified by the zone category for the principal dwelling type,
whichever is greater;
f) the minimum lot width shall be 13.1 metres or in accordance with the minimum
lot width specified by the zone category for the principal dwelling type, whichever
is greater;
g) the minimum landscaped area shall be 20%."
10. Section 5 of By-law Number 85-1 is amended by inserting a new Subsection 5.33
thereto:
"5.33 Four to Ten Dwelling Units on a Lot
Four (4) to ten (10) Dwelling Units on a lot without any non-residential use except
permitted home business uses shall be permitted in accordance with the regulations
specified by the zone category for the Dwelling(s) and shall have:
a) a minimum of 20% street line fagade opening which includes at least one (1)
pedestrian entrance to the principal building;
b) a minimum 20% of the front yard landscaped, excluding surface walkways,
patios, decks, playgrounds or pathways;
Page 690 of 792
C) a minimum driveway width of 2.6 metres;
d) despite section 5.33 c), where a driveway is immediately adjacent to any
building or structure on a lot, the driveway including any curbing shall be a
minimum 3.0 metres wide."
11. Subsection 6.1.1.1 b) of By-law Number 85-1 is amended to add the portions of the
below text that are highlighted in grey, and delete portions of the below text with a
strikethroug h:
"b) Single Detached Dwellings with or without Additional Dwelling Unit(s),
Semi -Detached Dwellings with or without Additional Dwelling Unit(s), and
Duplex Dwellings with or without one Additional Dwelling Unit (Attached) or an
Additional Unit (Detached); Residential Care Facility having less than 9
residents; and a Lodging House having less than 9 residents
On a lot containing a Single Detached Dwelling with or without Additional Dwelling
Unit(s), Semi -Detached Dwelling with or without Additional Dwelling Unit(s), or
Duplex Dwelling with or without one Additional Dwelling Unit (Attached) or an
Additional Dwelling Unit (Detached); Residential Care Facility having less than 9
residents; or a Lodging House having less than 9 residents: (Amended: By-law 2021-
040, S.9)
i) The off-street parking required for such dwellings shall be located a minimum
distance of 6 metres from the street line.
bAgG d_V.4e1in its aRY nrinninal i-Wellinmg v"vTltia—crn-4daroti8nal DWellipg URit(s)
(4ttanhed) Ar 4rlrl0t0nnal Unit (Detanhed) nr a Residential (mare Fahlllty having less-
-
thaAR v-rcSideRtS all of Whinh require a miRM M of twe paFk"Rg spa%6 56halll be
Perm fitted to Inahnate Ape of the rani aired narking cr�anlec GR the driveway lace than 42
Metre6 f:A rrthLQ gtreet IiriraiP'l `ate A y be aFFaarRged OR tttli&M. Mer ar,,, r,riRnipal
may he arranged in tandem Notwithstanding the above, where two or three parking
spaces are required, one of the required parking spaces shall be permitted to locate
on the driveway less than 6 metres from the street line and up to three parking spaces
may be arranged in tandem."
12. Subsection 6.1.1.1 c) of By-law Number 85-1 is amended to add the portions of the
below text that are highlighted in grey, and delete portions of the below text with a
strikethroug h:
"c) Street Townhouse Dwellings with or without an Additional Dwelling Unit(s)
(Attached) or Additional Dwelling Unit (Detached)
On a lot containing a Street Townhouse Dwelling with or without 4R Additional
Dwelling Unit(s) (Attached) or Additional Dwelling Unit (Detached):
i) The off-street parking required for such dwelling shall not be located within
the minimum front yard or the minimum side yard abutting a street, except in the case
Page 691 of 792
of a Street Townhouse Dwelling containing bAQ n,A.491"Ag LJR46 ^r an„ street
T^ se ^vell,Rg GGRtainRg ar--Additional Dwelling Unit(s) (Attached) or
Additional Dwelling Unit (Detached), in which case one required off-street parking
space may be located in a driveway within the minimum front yard or minimum side
yard abutting a street. (Amended: By-law 2021-040, S.12)
ii) a) A driveway shall be located leading directly from a street or lane to a
parking space located a minimum distance of 6.0 metres from the
street line and shall have a minimum width of 2.6 metres.
b) A driveway may be widened to a maximum of 65% of the lot width or
6 metres, whichever is the lesser.
C) A driveway and widening thereof may be used for the parking of
vehicles provided that a parking space on the driveway or the
widening meets the minimum length requirements of Section 6.1.1.2
d). (Amended: By-law 2018-125, S.13)
iii) Notwithstanding clause ii) above, on a corner lot an access driveway shall not
be located closer than 9 metres to the intersection of the street lines abutting
the lot. For the purpose of this subsection iii), where one or more parking
spaces are provided with a setback of less than 12 metres, the driveway
including any widening shall be deemed to be at least the same width as the
parking spaces, for a minimum distance of 12 metres from the parking space,
measured perpendicular to the end of the parking space closest to the street.
iv) In the case of a Street Townhouse Dwelling containing +,^,^ n,^,oiiir,^ LJR46
ae�'�Street T, Neuse n,^,o";n^ with aR Additional Dwelling Unit(s)
(Attached) or Additional Dwelling Unit (Detached), each additional required
parking space may be arranged in tandem behind the first required space.
V) Within a front yard, side yard or side yard abutting a street, motor vehicles
shall only be parked on a driveway conforming with Section 6.1.1.1.
vi) The driveway shall be comprised of a material that is consistent throughout
the driveway and that is distinguishable from all other ground cover or
surfacing, including landscaping or walkways, within the front yard, side yard
or side yard abutting a street."
13. Subsection 6.1.1.2 of By-law Number 85-1 is amended by inserting a new Subsection
h) thereto:
"h) Where a parking lot is provided for a development that does not require site
plan approval pursuant to Section 41 of the Planning Act, the following
regulations shall apply:
i) the parking lot shall be setback a minimum of 1.5 metres from side lot
line and rear lot line; and,
Page 692 of 792
ii) the minimum drive aisle width shall be 6 metres."
14. Subsection 6.1.2 a) of By-law Number 85-1 is amended by inserting "Additional
Dwelling Unit (Attached) into Column 1 in proper alphabetical order with a
corresponding 1 for each dwelling unit' in Column 2.
15. Sections 31.1, 32.1, 33.1, 42.1, 43.1, 44.1, 45.1, 46.1, 47.1, 47A.1, 53.1, 54.1, 55.1
of By-law Number 85-1 are hereby amended by inserting "Additional Dwelling Unit
(Attached)" and "Additional Dwelling Unit (Detached)" into the existing list of permitted
uses thereto in proper alphabetical order.
16. Sections 35.1, 36.1, 37.1, 38.1, 39.1, 40.1, 41.1 of By-law Number 85-1 are hereby
amended by inserting "Additional Dwelling Unit (Attached)" into the existing list of
permitted uses thereto in proper alphabetical order.
17. Sections 31.3, 32.3, 33.3, 42.2, 43.2, 44.3, 45.3, 47.2, 47A.3, 53.2, 54.2, 55.2 of By-
law Number 85-1 are hereby amended by inserting the following new regulation
thereto in proper numerical order:
"For Additional Dwelling Unit (Detached)
In accordance with regulations set out in Section 5.22 of this By-law."
18. Sections 31.3, 32.3, 33.3, 36.2, 37.2, 38.2, 39.2, 40.2, 41.2, 42.2, 43.2, 44.3, 45.3,
47.2, 47A.3, 53.2, 54.2, 55.2 of By-law Number 85-1 are hereby amended by
inserting following new regulation thereto in proper numerical order:
"For Additional Dwelling Unit (Attached)
One Additional Dwelling Unit (Attached) may be permitted in accordance with
regulations set out in Section 5.22.1 of this By-law.
Two Additional Dwelling Units (Attached) may be permitted in accordance with
regulations set out in Section 5.22.1 of this By-law."
19. Section 35 of By-law Number 85-1 is hereby amended by inserting the following new
subsection 35.5 thereto:
"35.5 For Additional Dwelling Unit (Attached)
One Additional Dwelling Unit (Attached) may be permitted in accordance with
regulations set out in Section 5.22.1 of this By-law.
Two Additional Dwelling Units (Attached) may be permitted in accordance with
regulations set out in Section 5.22.1 of this By-law."
20. Sections 32.3, 33.3, 40.2, 41.2, 42.2, 43.2, 44.3, 45.3, 47.2, 47A.3, 53.2, 54.2, 55.2
of By-law Number 85-1 are hereby amended by inserting following new regulation
thereto in proper numerical order:
Page 693 of 792
"For Lots with Four to Ten Dwelling Units
4 to 10 dwelling units on a lot provided without any non-residential use except
permitted home business uses shall be permitted in accordance with the regulations
in this Section as applicable and Section 5.33."
21. Section 39.1 of By-law Number 85-1 is hereby amended by deleting "Multiple
Dwelling" from the list of permitted uses thereto.
22. Section 39.2.4 of By-law Number 85-1 is hereby amended by deleting "Multiple
Dwelling" from the title and deleting the following row thereto of the existing table:
"Maximum Number of Dwelling Units in Three Dwelling Units."
a Multiple Dwelling
23. Section 39.2A of By-law Number 85-1 is hereby amended to read as follows:
"39.2A FOR ALL USES
Maximum Number of Dwellings One plus Additional Dwelling
Per Lot Unit(s)"
24. Section 46 of By-law 85-1 is hereby amended by inserting the following new
regulations thereto:
"46.4 For Additional Dwelling Unit (Detached)
In accordance with regulations set out in Section 5.22 of this By-law."
46.5 For Additional Dwelling Unit (Attached)
One Additional Dwelling Unit (Attached) may be permitted in accordance with
regulations set out in Section 5.22.1 of this By-law.
Two Additional Dwelling Units (Attached) may be permitted in accordance with
regulations set out in Section 5.22.1 of this By-law.
46.6 For Lots with Four to Ten Dwelling Units
4 to 10 dwelling units on a lot provided without any non-residential use except
permitted home business uses shall be permitted in accordance with the regulations
in this Section as applicable and Section 5.33."
25. Section 319 of "Appendix C — Special Use Provisions for Specific Lands" of By-law
Number 85-1 is hereby deleted in its entirety.
26. Section 352 b) of "Appendix C — Special Use Provisions for Specific Lands" of By-law
Number 85-1 is hereby deleted.
Page 694 of 792
27. Section 470 c) of "Appendix C — Special Use Provisions for Specific Lands" of By-law
Number 85-1 is hereby deleted.
28. This By-law shall become effective only if Official Plan Amendment No.
(Implementation of Bill 13, Bill 109, and Bill 23) comes into effect, pursuant to
Section 24(2) of The Planning Act, R.S.O. 1990, c. P.13, as amended.
PASSED at the Council Chambers in the City of Kitchener this
day of
, 2023.
Mayor
Clerk
Page 695 of 792
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to amend By-law 2019-051, as amended,
known as the Zoning By-law 2019 for the City of Kitchener
— Implementation of Bill 13, Bill 109, and Bill 23)
WHEREAS it is deemed expedient to amend By-law 2019-051;
NOW THEREFORE the Council of the Corporation of the City of Kitchener
enacts as follows:
1. Subsection 1.8 of By-law Number 2019-051 is amended to add the portions of the below
text that are highlighted in grey, and delete portions of the below text with a strikethrough:
"Despite Subsection a), no Zoning Occupancy Certificate shall be required for a single
detached dwelling with or without one additional dwelling unit (attached), semi-detached
dwelling with or without one additional dwelling unit (attached), StFe9t tG;V{ h111 ico
, or private home
day care."
2. Section 3 of By-law Number 2019-051 is amended to add the portions of the below text
that are highlighted in grey, and delete portions of the below text with a strikethrough in
the following definitions:
"Dwelling, Multiple — means the use of a building containing four+h� or more dwelling
units, and can include a stacked townhouse dwelling and back-to-back townhouse
dwelling. A multiple dwelling is not a street townhouse dwelling, mixed use building, cluster
townhouse dwelling, single detached dwelling with additional dwelling units (attached) or
semi-detached dwelling with additional dwelling units (attached)."
"Parking Lot — means an area located on a lot which contains four or more parking spaces
and a minimum of one drive aisle."
3. Subsection 4.12.2 of By-law Number 2019-051 is amended to add the portions of the
below text that are highlighted in grey, and delete portions of the below text with a
strikethrough:
"Two additional dwelling units (attached) may be permitted in association with a single
detached dwelling, a semi-detached dwelling unit or a street townhouse dwelling unit in
accordance with the regulations specified by the zone category and applying to single
Page 696 of 792
detached dwellings, semi-detached dwellings, or street townhouse dwellings in which the
two additional dwelling units (attached) are located and in addition to and as amended by
the following:
a) two additional dwelling units (attached) shall be connected to full municipal services;
b) a maximum of one pedestrian entrance to the principal building shall be located on
each street line facade, except where more pedestrian entrances are existing;
c) no more than two additional dwelling units (attached) are permitted on a lot;
d) the minimum lot area shall be 395 square metres or in accordance with Table 7-2,
whichever is greater;
e) the minimum lot width shall be 13.1 metres or in accordance with Table 7-2, whichever
is greater;
f) the minimum landscaped area shall be 20%;
the 9) icti g huib^lin& hiiili-linin f4GGF aroma
Unless otherwise provided for in this By-law, in any zone where two additional dwelling
units (attached) are permitted, a dwelling with three (3) dwelling units shall also be
permitted and considered a single detached dwelling with two additional dwelling units
(attached) in accordance with regulations specified by the zone category and in this
section."
4. Subsection 4.12.3 o) of By-law Number 2019-051 is amended to add the portions of the
below text that are highlighted in grey, and delete portions of the below text with a
strikethrough:
"Despite Section 5.3.3 a) ii), where three parking spaces are required in accordance with
Table 5-3, tw-ethree parking spaces may be tandem parking spaces; and,
5. Section 4 of By-law Number 2019-051 is amended by inserting new Subsection 4.12.4
thereto:
Page 697 of 792
"4.12.4 Four to Ten Dwelling Units on a Lot
Four (4) to ten (10) dwelling units on a lot without any non-residential use except permitted
home occupation uses shall be permitted in accordance with the regulations specified by
the zone category for the dwelling(s) and shall have:
a) a minimum of 20% street line fagade opening which includes at least one (1)
pedestrian entrance to the principal building;
b) a minimum 20% of the front yard landscaped, excluding surface walkways, patios,
decks, playgrounds or pathways;
C) a minimum driveway width of 2.6 metres;
d) despite section 4.12.4 c), where a driveway is immediately adjacent to any building
or structure on a lot, the driveway including any curbing shall be a minimum 3.0
metres wide."
6. Section 5.3 of By-law Number 2019-051 is amended by inserting a new Subsection e)
thereto:
"e) Where a parking lot is provided for a development that does not require site plan
approval pursuant to Section 41 of the Planning Act, the following regulations shall
apply:
i) The parking lot shall be setback a minimum of 1.5 metres from side lot line
and rear lot line; and,
ii) The minimum drive aisle width shall be 6 metres."
7. Section 5.3.3 of By-law Number 2019-051 is amended to add the portions of the below
text that are highlighted in grey, and delete portions of the below text with a strikethrough:
a) On a lot containing a single detached dwelling, semi-detached dwelling, street
townhouse dwelling, additional dwelling unit(s) (attached), additional dwelling unit
(detached), small residential care facility, lodging house having less than 9
residents, or home occupation:
i) Parking spaces shall be located a minimum distance of 6 metres from a
street line;
ii) Despite Subsection i), where two or more parking spaces are required,
one parking space may locate on the driveway within 6 metres of the
Page 698 of 792
front lot line or exterior side lot line and may be a tandem parking space;
and,
Illustration 5-1: One Tandem
Parking Space — Option A
DWELLING
STREET
Illustration 5-2: One Tandem Parking
Space — Option B
Despite Subsection ii) where three parking spaces are required on a lot
^',^,o#ing unit (GlofaGh96 one parking space may locate on the driveway
within 6 metres of the front lot line or exterior side lot line and twGthree
parking spaces may be tandem parking spaces; and
iv) Not more than one parking space for a home occupation may be located
in a rear yard, except in the case of a corner lot, a through lot, or a lot
abutting a lane.
sb) On a lot containing a multiple dwelling, dwelling unit, cluster townhouse dwelling,
lodging house having 9 residents or more, or a large residential care facility:
i) parking spaces shall not be located within the front yard or within the
exteriorside yard. In no case shall any parking spaces be located within
3 metres of the front lot line, exterior side lot line or street line; and,
ii) despite Subsection i), parking spaces, loading spaces, or drive aisles
located in an enclosed portion of a building entirely below grade, may
have a minimum setback of 0 metres from a front lot line, side lot line,
and rear lot line.
Page 699 of 792
DWELLING
r
3,0 3.8
2.6
2M
STREET
Despite Subsection ii) where three parking spaces are required on a lot
^',^,o#ing unit (GlofaGh96 one parking space may locate on the driveway
within 6 metres of the front lot line or exterior side lot line and twGthree
parking spaces may be tandem parking spaces; and
iv) Not more than one parking space for a home occupation may be located
in a rear yard, except in the case of a corner lot, a through lot, or a lot
abutting a lane.
sb) On a lot containing a multiple dwelling, dwelling unit, cluster townhouse dwelling,
lodging house having 9 residents or more, or a large residential care facility:
i) parking spaces shall not be located within the front yard or within the
exteriorside yard. In no case shall any parking spaces be located within
3 metres of the front lot line, exterior side lot line or street line; and,
ii) despite Subsection i), parking spaces, loading spaces, or drive aisles
located in an enclosed portion of a building entirely below grade, may
have a minimum setback of 0 metres from a front lot line, side lot line,
and rear lot line.
Page 699 of 792
8. Table 7-1 of By-law Number 2019-051 is amended to add the portions of the below text
that are highlighted in grey:
"Table 7-1: Permitted Uses within the Residential Zones
Use
RES -1
RES -2
RES -3
RES -4
RES -5
RES -6
RES -7
Residential Uses
Single Detached Dwelling
J
J
J
✓
✓
Additional Dwelling Units
(Attached)(1)
J
J
J
✓
✓
Additional Dwelling Units
(Detached)(2)
J
J
J
✓
✓
Semi -Detached Dwelling
J
✓
✓
Townhouse Dwelling — Street
J(3)
J(4)
Townhouse Dwelling — Cluster
(7)
J(4)
J
Multiple Dwelling (7)
J(3)
✓
J
J
Lodging House
✓
✓
J
J
Continuing Care Community
✓
J
J
Hospice
J
J
✓
✓
J
J
Residential Care Facility, Small
J
J
✓
✓
J
J
Residential Care Facility, Large
✓
J
J
Non -Residential Uses
Artisan's Establishment (5)
J
J
Community Facility (5)
J
J
Convenience Retail (5)
J
J
Day Care Facility (5)
J
J
Financial Establishment (5)
J
Health Office (5)
J
Home Occupation (6)
J
J
J
✓
✓
J
J
Office (5)
J
J
Personal Services (5)
J
Studio (5)
J
J
Page 700 of 792
Additional Regulations for Permitted Uses Table 7-1
(1) Shall be permitted in accordance with 4.12.1 and 4.12.2.
(2) Shall be permitted in accordance with 4.12.3.
(3) The maximum number of dwelling units in a dwelling shall be 4.
(4) The maximum number of dwelling units in a dwelling shall be 8.
(5) Permitted non-residential uses must be located within a multiple dwelling (despite the definition
of multiple dwelling in Section 3) and are limited in size in accordance with the regulations in
Table 7-6.
(6) Shall be permitted in accordance with 4.7.
(7) 4 to 10 dwelling units on a lot provided without any non-residential use except permitted home
occupation uses shall be permitted in accordance with the regulations in Table 7-5 or Table 7-6
as applicable and Section 4.12.4."
9. "Additional Regulations for Multiple Dwellings and Non -Residential Uses Table 7-6" of
By-law Number 2019-051 is amended to add the portions of the below text that are
highlighted in grey, and delete portions of the below text with a strikethrough:
"(1) A multiple dwelling 4p4ewith 4 dwelling units shall have a minimum lot width of 15.0
metres.
(2) Combined total Floor Space Ratio of all uses on the lot.
(3) For multiple dwellings vVith ^ diAA9&Pg upis ^F meFe each dwelling unit located at
ground floor level shall have a patio area adjacent to the dwelling unit with direct access
to such dwelling unit.
(4) The total gross floor area of all non-residential uses shall not exceed 25% of the total
gross floor area on a lot.
(5) The maximum building height shall be 25 metres within 15 metres of a lot with a (RES -
6) Medium Rise Residential Six Zone.
(6) The regulations within Table 7-6 shall not apply to an existing multiple dwelling on an
existing lot.
(7) Individual buildings will not be required to achieve the minimum floorspace ratio where
there is an approved Urban Design Brief that includes a Master Site Plan that
demonstrates the overall development can achieve the minimum floor space ratio.
(8) For lands identified in Appendix D — Established Neighbourhoods Area, the minimum
and maximum front yard shall be in accordance with Section 7.6.
Page 701 of 792
(9) For lands identified in Appendix C — Central Neighborhoods, the maximum building
height shall be in accordance with Section 7.5.
10. Site Specific Provision (223) of Section 19 of By-law Number 2019-051 is amended to
delete the following:
"c) an additional dwelling unit (attached) associated with a semi-detached dwelling;"
11. Site Specific Provision (226) of Section 19 of By-law Number 2019-051 is amended to
delete the following:
"additional dwelling unit (detached) and"
12. Site Specific Provision (232) of Section 19 of By-law Number 2019-051 is amended to
delete the following:
"c) additional dwelling unit (attached) in association with a semi-detached dwelling;"
13. Site Specific Provision (253) of Section 19 of By-law Number 2019-051 is amended to
delete the following:
,,a) additional dwelling unit (attached);
b) additional dwelling unit (detached);"
14. This By-law shall become effective only if Official Plan Amendment No. (Implementation
of Bill 13, Bill 109, and Bill 23) comes into effect, pursuant to Section 24(2) of The Planning
Act, R.S.O. 1990, c. P.13, as amended.
PASSED at the Council Chambers in the City of Kitchener this day of , 2023.
Mayor
Clerk
Page 702 of 792
Zoning By-law 2019-051
Existing Section/Regulation Proposed Amendment
Section 1— General Scope and Administration Section 1— General Scope and Administration
1.8 ZONING OCCUPANCY CERTIFICATE 1.8 ZONING OCCUPANCY CERTIFICATE
a) No change may be made in the type of use of any
premises covered by this By-law without the issuance of a
Zoning Occupancy Certificate. A Zoning Occupancy
Certificate shall be required for each use on a lot or within
a building containing multiple uses.
b) Despite Subsection a), no Zoning Occupancy Certificate
shall be required for a single detached dwelling, semi-
detached dwelling, street townhouse dwelling, additional
dwelling unit(s) (attached), additional dwelling unit
(detached), or private home day care.
c) Nothing in this By-law applies to prevent the issuance of
a Zoning Occupancy Certificate for a permitted use within
lands, building, or structures established in accordance
with the Transition Provisions of Section 18.
Section 3 — Definition
Dwelling, Multiple — means the use of a building
containing three or more dwelling units, and can include a
stacked townhouse dwelling and back-to-back townhouse
dwelling. A multiple dwelling is not a street townhouse
dwelling, mixed use building, cluster townhouse dwelling,
single detached dwelling with additional dwelling units
(attached) or semi-detached dwelling with additional
dwelling units (attached).
Section 3 — Definition
Parking Lot — means an area located on a lot which
contains four or more parking spaces "ADD".
Section 4 — General Regulations
4.12.2 Two additional Dwelling Units (Attached)
Two additional dwelling units (attached) may be permitted
in association with a single detached dwelling in
accordance with the regulations specified by the zone
a) No change may be made in the type of use of any
premises covered by this By-law without the issuance of a
Zoning Occupancy Certificate. A Zoning Occupancy
Certificate shall be required for each use on a lot or within
a building containing multiple uses.
b) Despite Subsection a), no Zoning Occupancy Certificate
shall be required for a single detached dwelling with or
without one additional dwelling unit (attached), semi-
detached dwelling with or without one additional dwelling
unit (attached), or private home day care.
c) Nothing in this By-law applies to prevent the issuance of
a Zoning Occupancy Certificate for a permitted use within
lands, building, or structures established in accordance
with the Transition Provisions of Section 18.
Section 3 — Definition
Dwelling, Multiple — means the use of a building -
containing four or more dwelling units, and can include a
stacked townhouse dwelling and back-to-back townhouse
dwelling. A multiple dwelling is not a street townhouse
dwelling, mixed use building, cluster townhouse dwelling,
single detached dwelling with additional dwelling units
(attached) or semi-detached dwelling with additional
dwelling units (attached).
Section 3 — Definition
Parking Lot— means an area located on a lot which
contains four or more parking spaces and a minimum of
one drive aisle.
Section 4 — General Regulations
4.12.2 Two additional Dwelling Units (Attached)
Two additional dwelling units (attached) may be permitted -
in association with a single detached dwelling, a semi-
detached dwelling unit or a street townhouse dwelling
Existing Section/Regulation Proposed Amendment
category and applying to single detached dwellings in unit in accordance with the regulations specified by the ea
which the two additional dwelling units (attached) are zone category and applying to single detached dwellings, an
located and in addition to and as amended by the semi-detached dwellings, or street townhouse dwellings in un
following: which the two additional dwelling units (attached) are
located and in addition to and as amended by the
a) two additional dwelling units (attached) shall be
connected to full municipal services;
following:
a) two additional dwelling units (attached) shall be
connected to full municipal services;
b) a maximum of one pedestrian entrance to the principal b) a maximum of one pedestrian entrance to the principal
building shall be located on each street line fagade, except building shall be located on each street line fagade, except
where more pedestrian entrances are existing; where more pedestrian entrances are existing;
c) no more than two additional dwelling units (attached) c) no more than two additional dwelling units (attached)
are permitted on a lot; are permitted on a lot;
d) the minimum lot area shall be 395 square metres or in
d) the minimum lot area shall be 395 square metres or in accordance with Table 7-2, whichever is greater;
accordance with Table 7-2, whichever is greater; e) the minimum lot width shall be 13.1 metres or in
e) the minimum lot width shall be 13.1 metres or in
accordance with Table 7-2, whichever is greater;
f) the minimum landscaped area shall be 20%;
g) two additional dwelling units (attached) shall only be
permitted in existing buildings;
additions to an existing single detached dwelling must be
attached to the rear of principal building and shall not
extend into any side yard farther than the extent of the
existing principal building and provided such addition does
not exceed 25 percent of the existing building's building
floor area.
NEW REGULATION
Section 4 — General Regulations
4.12.3 Additional Dwelling Units (Detached)
accordance with Table 7-2, whichever is greater;
f) the minimum landscaped area shall be 20%;
g) DELETED
DELETED
Unless otherwise provided for in this By-law, in any zone
where two additional dwelling units (attached) are
permitted, a dwelling with three (3) dwelling units shall
also be permitted and considered a single detached
dwelling with two additional dwelling units (attached) in
accordance with regulations specified by the zone
category and in this section.
Section 4 — General Regulations
4.12.3 Additional Dwelling Units (Detached)
Sectio
Amendment
One additional dwelling unit (detached) may be permitted 11 One additional dwelling unit (detached) may be permitted
in association with a single detached dwelling, semi-
detached dwelling unit or street townhouse dwelling unit
in accordance with the regulations specified by the zone
category in which an additional dwelling unit (attached) is
permitted, and as amended by the following:
a) for the purposes of Section 4.12.3, the area that is
designed to be a separate lot for a street townhouse
dwelling or semi-detached dwelling shall be considered to
be a lot;
b) an additional dwelling unit (detached) shall only be
permitted on the same lot as a single detached dwelling,
semi-detached dwelling or street townhouse dwelling,
with or without one additional dwelling unit (attached);
c) an additional dwelling unit (detached) shall not be
permitted on the same lot as a single detached dwelling
with two additional dwelling units (attached);
d) an additional dwelling unit (detached) shall not be
severed from the lot containing the single detached
dwelling, semi-detached dwelling or street townhouse
dwelling;
e) the additional dwelling unit (detached) shall be
connected to full municipal services;
f) no more than one additional dwelling unit (detached) is
permitted on a lot;
g) the building floor area of the additional dwelling unit
(detached) shall not exceed fifty percent of the building
floor area of the single detached dwelling, semi-detached
dwelling unit or street townhouse dwelling unit on the
same lot, or 80 square metres, whichever is less;
h) the minimum lot area shall be 395.0 square metres or
in accordance with applicable regulations included in
Table 7-2, 7-3 or 7-4, whichever is greater;
i) the minimum lot width shall be 13.1 metres or in
accordance with applicable regulations included in Table
7-2, 7-3 or 7-4, whichever is greater;
in association with a single detached dwelling, semi-
detached dwelling unit or street townhouse dwelling unit
in accordance with the regulations specified by the zone
category in which an additional dwelling unit (attached) is
permitted, and as amended by the following:
a) for the purposes of Section 4.12.3, the area that is
designed to be a separate lot for a street townhouse
dwelling or semi-detached dwelling shall be considered to
be a lot;
b) an additional dwelling unit (detached) shall only be
permitted on the same lot as a single detached dwelling,
semi-detached dwelling or street townhouse dwelling,
with or without one additional dwelling unit (attached);
c) an additional dwelling unit (detached) shall not be
permitted on the same lot as a single detached dwelling
with two additional dwelling units (attached);
d) an additional dwelling unit (detached) shall not be
severed from the lot containing the single detached
dwelling, semi-detached dwelling or street townhouse
dwelling;
e) the additional dwelling unit (detached) shall be
connected to full municipal services;
f) no more than one additional dwelling unit (detached) is
permitted on a lot;
g) the gross floor area of the additional dwelling unit
(detached) shall not exceed fifty percent of the building
floor area of the single detached dwelling, semi-detached
dwelling unit or street townhouse dwelling unit on the
same lot, or 80 square metres, whichever is less;
h) the minimum lot area shall be 395.0 square metres or
in accordance with applicable regulations included in
Table 7-2, 7-3 or 7-4, whichever is greater;
i) the minimum lot width shall be 13.1 metres or in
accordance with applicable regulations included in Table
7-2, 7-3 or 7-4, whichever is greater;
Existing Section/Regulation Proposed Amendment
j) a building containing an additional dwelling unit j) a building containing an additional dwelling unit
(detached) shall be located a minimum of 0.6 metres from (detached) shall be located a minimum of 0.6 metres from
a rear lot line and interior side lot line; a rear lot line and interior side lot line;
k) an additional dwelling unit (detached) shall not be
located in the front yard or exterior side yard;
1) for an additional dwelling unit (detached), the maximum
building height shall be:
a. 4.5 metres for a hip, gable, shed, or gambrel roof,
measured to the mid point between the eaves and the
peak of the roof, excluding the eaves of any projections;
b. 4.5 metres for a mansard roof, measured to the deck
line;
c. 3 metres for a flat roof, measured to the peak of the
roof,
Measurement of Building Height for Additional Dwelling Unit (Detached)
m) for a shed roof where the peak of the roof is more than
4.5 metres from the highest elevation of the finished
ground, the highest exterior wall shall not face a rear lot
line or side lot line closer than 4.5 metres, except where
the lot line is a street line or lane;
n) an unobstructed walkway that is a minimum 1.1 metres
in width shall be provided from a street to the additional
dwelling unit (detached). The walkway shall not be located
within a required parking space;
o) Despite Section 5.3.3 a) ii), where three parking spaces
are required in accordance with Table 5-3, two parking
spaces may be tandem parking spaces; and,
p) Despite Section 5.6, where a lot is within 800 metres of
a Light Trail Transit (LRT) station as shown on Appendix E,
k) an additional dwelling unit (detached) shall not be
located in the front yard or exterior side yard;
1) for an additional dwelling unit (detached), the maximum
building height shall be:
a. 4.5 metres for a hip, gable, shed, or gambrel roof,
measured to the mid point between the eaves and the
peak of the roof, excluding the eaves of any projections;
b. 4.5 metres for a mansard roof, measured to the deck
line;
c. 3 metres for a flat roof, measured to the peak of the
roof,
Measurement of Building Height for Additional Dwelling Unit (Detached)
peak at roof
peak of rgof
peak 01 rOPf
peak oP —f
peak of root
�
deck line
I
Peak of raof
Building
eaves
Building
eave
eaves
eave
height
Nigh![ !IlvaRen
Xighei[ !IluatiPn
uTthe 7inished
FLAT
RIP or
W [he finished
FLAT
RIP or
MANSARD
GAMBREL
SHED ground
ROOr
GABLE
ROOF
ROOT
ROOF
ROOF
m) for a shed roof where the peak of the roof is more than
4.5 metres from the highest elevation of the finished
ground, the highest exterior wall shall not face a rear lot
line or side lot line closer than 4.5 metres, except where
the lot line is a street line or lane;
n) an unobstructed walkway that is a minimum 1.1 metres
in width shall be provided from a street to the additional
dwelling unit (detached). The walkway shall not be located
within a required parking space;
o) Despite Section 5.3.3 a) ii), where three parking spaces
are required in accordance with Table 5-3, two parking
spaces may be tandem parking spaces; and,
p) Despite Section 5.6, where a lot is within 800 metres of
a Light Trail Transit (LRT) station as shown on Appendix E,
k) an additional dwelling unit (detached) shall not be
located in the front yard or exterior side yard;
1) for an additional dwelling unit (detached), the maximum
building height shall be:
a. 4.5 metres for a hip, gable, shed, or gambrel roof,
measured to the mid point between the eaves and the
peak of the roof, excluding the eaves of any projections;
b. 4.5 metres for a mansard roof, measured to the deck
line;
c. 3 metres for a flat roof, measured to the peak of the
roof,
Measurement of Building Height for Additional Dwelling Unit (Detached)
m) for a shed roof where the peak of the roof is more than
4.5 metres from the highest elevation of the finished
ground, the highest exterior wall shall not face a rear lot
line or side lot line closer than 4.5 metres, except where
the lot line is a street line or lane;
n) an unobstructed walkway that is a minimum 1.1 metres
in width shall be provided from a street to the additional
dwelling unit (detached). The walkway shall not be located
within a required parking space;
o) Despite Section 5.3.3 a) ii), where three parking spaces
are required in accordance with Table 5-3, three parking
spaces may be tandem parking spaces; and,
p) Despite Section 5.6, where a lot is within 800 metres of
a Light Trail Transit (LRT) station as shown on Appendix E,
peak n4-1
peak of rgof
peak oP —f
deck line I
Peak Pf roof
Building
eaves
F1
eave
height
Nigh![ !IlvaRen
uTthe 7inished
FLAT
RIP or
MANSARD GAMBREL
SHED ground
ROUT
GABLE
ROOF ROOF
ROOF
ROOF
m) for a shed roof where the peak of the roof is more than
4.5 metres from the highest elevation of the finished
ground, the highest exterior wall shall not face a rear lot
line or side lot line closer than 4.5 metres, except where
the lot line is a street line or lane;
n) an unobstructed walkway that is a minimum 1.1 metres
in width shall be provided from a street to the additional
dwelling unit (detached). The walkway shall not be located
within a required parking space;
o) Despite Section 5.3.3 a) ii), where three parking spaces
are required in accordance with Table 5-3, three parking
spaces may be tandem parking spaces; and,
p) Despite Section 5.6, where a lot is within 800 metres of
a Light Trail Transit (LRT) station as shown on Appendix E,
Existing Section/Regulation Proposed Amendment
no parking space shall be required for the additional no parking space shall be required for the additional
dwelling unit (detached). dwelling unit (detached).
New Regulation 4.12.4 Four to Ten dwelling units on a lot - Inc
Section 5 — Parking, Loading, and Stacking
5.3 Parking Space and Parking Lot Provisions
a) Where a parking lot is situated on a lot and abuts a
residential zone, a visual barrier shall be provided and
maintained between the parking lot and such abutting
residential lot line in accordance with Section 4.18 herein.
b) All parking lots shall be provided with adequate means
of ingress and egress to and from a street or lane in a
forward motion, and shall be arranged so as not to
interfere with the normal public use of a street or lane.
c) Parking spaces, drive aisles, driveways, and parking lots
shall be provided and maintained with stable surfaces
such as asphalt, concrete, or other hard -surfaced material
as approved by the Director of Planning or designate.
Four to ten dwelling units on a lot without any non-
residential use except permitted home occupation uses
shall be permitted in accordance with the regulations
specified by the zone category for the dwelling(s) and shall
have:
a) a minimum of 20% street line fagade opening which
includes at least one (1) pedestrian entrance to the
principal building;
b) a minimum 20% of the front yard landscaped, excluding
surface walkways, patios, decks, playgrounds or pathways;
c) a minimum driveway width of 2.6 metres;
d) despite section 4.12.4 c), where a driveway is
immediately adjacent to any building or structure on a lot,
the driveway including any curbing shall be a minimum of
3.0 metres wide.
Section 5 — Parking, Loading, and Stacking
5.3 Parking Space and Parking Lot Provisions
a) Where a parking lot is situated on a lot and abuts a
residential zone, a visual barrier shall be provided and
maintained between the parking lot and such abutting
residential lot line in accordance with Section 4.18 herein.
b) All parking lots shall be provided with adequate means
of ingress and egress to and from a street or lane in a
forward motion, and shall be arranged so as not to
interfere with the normal public use of a street or lane.
c) Parking spaces, drive aisles, driveways, and parking lots
shall be provided and maintained with stable surfaces
such as asphalt, concrete, or other hard -surfaced material
as approved by the Director of Planning or designate.
Existing Section/Regulation F Proposed Amendment
d) All required visitor parking spaces shall be clearly d) All required visitor parking spaces shall be clearly
identified, demarcated, and reserved at all times identified, demarcated, and reserved at all times
New Regulations
Section 5 — Parking, Loading, and Stacking
5.3.3 Location of Parking Spaces for Residential Uses
a) On a lot containing a single detached dwelling, semi-
detached dwelling, ADD, additional dwelling unit(s)
(attached), additional dwelling unit (detached), small
residential care facility, lodging house having less than 9
residents, or home occupation:
i) Parking spaces shall be located a minimum distance
of 6 metres from a street line;
ii) Despite Subsection i), where two or more parking
spaces are required, one parking space may locate on
the driveway within 6 metres of the front lot line or
exterior side lot line and may be a tandem parking
space; and,
e) Where a parking lot is provided for a development that
does not require site plan approval pursuant to Section 41
of the Planning Act, following regulations shall apply:
i) The parking lot shall be setback a minimum of 1.5
metres from side lot lines and rear lot lines; and,
ii) The minimum drive aisle width shall be 6 metres
Section 5 — Parking, Loading, and Stacking
5.3.3 Location of Parking Spaces for Residential Uses
a) On a lot containing a single detached dwelling, semi-
detached dwelling, street townhouse dwelling, additional
dwelling unit(s) (attached), additional dwelling unit
(detached), small residential care facility, lodging house
having less than 9 residents, or home occupation:
i) Parking spaces shall be located a minimum distance
of 6 metres from a street line;
ii) Despite Subsection i), where two or more parking
spaces are required, one parking space may locate on
the driveway within 6 metres of the front lot line or
exterior side lot line and may be a tandem parking
space; and,
Existing Sectio
Illustration 5-1: One Tandem Illustration 5-2: One Tandem Parking
Parking Space —Option A Space — Option B
STREET
iii) Despite Subsection ii) where three parking spaces
are required on a lot that contains an additional
dwelling unit (attached) and an additional dwelling unit
(detached), one parking space may locate on the
driveway within 6 metres of the front lot line or
exterior side lot line and two parking spaces may be
tandem parking spaces; and
iv) Not more than one parking space for a home
occupation may be located in a rear yard, except in the
case of a corner lot, a through lot, or a lot abutting a
lane.
b) On a lot containing a street townhouse dwelling:
i) parking spaces shall be located a minimum distance
of 6 metres from a street line.
c) On a lot containing a multiple dwelling, dwelling unit,
cluster townhouse dwelling, lodging house having 9
residents or more, or a large residential care facility:
i) parking spaces shall not be located within the front
yard or within the exterior side yard. In no case shall
any parking spaces be located within 3 metres of the
front lot line, exterior side lot line or street line; and,
ii) despite Subsection i), parking spaces, loading spaces,
or drive aisles located in an enclosed portion of a
building entirely below grade, may have a minimum
Amendment
Illustration 5-1: One Tandem Illustration 5-2: One Tandem Parking
Parking Space —Option A Space — Option B
STREET
LINGG
R
o
iii) Despite Subsection ii) where three parking spaces
are required on a lot that contains an additional
dwelling unit (attached) and an additional dwelling unit
(detached), one parking space may locate on the
driveway within 6 metres of the front lot line or
exterior side lot line and two parking spaces may be
tandem parking spaces; and
iv) Not more than one parking space for a home
occupation may be located in a rear yard, except in the
case of a corner lot, a through lot, or a lot abutting a
lane.
b) On a lot containing a street townhouse dwelling:
i) parking spaces shall be located a minimum distance
of 6 metres from a street line.
c) On a lot containing a multiple dwelling, dwelling unit,
cluster townhouse dwelling, lodging house having 9
residents or more, or a large residential care facility:
i) parking spaces shall not be located within the front
yard or within the exterior side yard. In no case shall
any parking spaces be located within 3 metres of the
front lot line, exterior side lot line or street line; and,
ii) despite Subsection i), parking spaces, loading spaces,
or drive aisles located in an enclosed portion of a
building entirely below grade, may have a minimum
Amendment
Illustration 5-1: One Tandem Illustration 5-2: One Tandem Parking
Parking Space —Option A Space — Option B
STREET
iii) Despite Subsection ii) where three parking spaces
are required on a lot DELETED, one parking space may
locate on the driveway within 6 metres of the front lot
line or exterior side lot line and three parking spaces
may be tandem parking spaces; and
iv) Not more than one parking space for a home
occupation may be located in a rear yard, except in the
case of a corner lot, a through lot, or a lot abutting a
lane.
b) DELETED.
c) On a lot containing a multiple dwelling, dwelling unit,
cluster townhouse dwelling, lodging house having 9
residents or more, or a large residential care facility:
i) parking spaces shall not be located within the front
yard or within the exterior side yard. In no case shall
any parking spaces be located within 3 metres of the
front lot line, exterior side lot line or street line; and,
ii) despite Subsection i), parking spaces, loading spaces,
or drive aisles located in an enclosed portion of a
building entirely below grade, may have a minimum
®WELLING
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iii) Despite Subsection ii) where three parking spaces
are required on a lot DELETED, one parking space may
locate on the driveway within 6 metres of the front lot
line or exterior side lot line and three parking spaces
may be tandem parking spaces; and
iv) Not more than one parking space for a home
occupation may be located in a rear yard, except in the
case of a corner lot, a through lot, or a lot abutting a
lane.
b) DELETED.
c) On a lot containing a multiple dwelling, dwelling unit,
cluster townhouse dwelling, lodging house having 9
residents or more, or a large residential care facility:
i) parking spaces shall not be located within the front
yard or within the exterior side yard. In no case shall
any parking spaces be located within 3 metres of the
front lot line, exterior side lot line or street line; and,
ii) despite Subsection i), parking spaces, loading spaces,
or drive aisles located in an enclosed portion of a
building entirely below grade, may have a minimum
Existing Section/Regulation I Proposed Amendment
setback of 0 metres from a front lot line, side lot line, I setback of 0 metres from a front lot line, side lot line,
and rear lot line.
SECTION 7 — Residential Zones (RES)
7.2 PERMITTED USES
Table 7-1: Permitted Uses within the Residential Zones
Use RES -1 RES -2 RES -3 RES -4 RES -5 RES -6 RES -7
Residential Uses
Single Detached Dwelling
✓
✓
✓ ✓
J
Additional Dwelling Units
(Attached}(1)
✓
✓
✓ J
✓
Additional Dwelling Units
(Detached)(2)
✓
✓
✓ ✓
✓
Semi -Detached Dwelling
✓ ✓
✓
Townhouse Dwelling- Street
✓(3)
1(4)
Townhouse Dwelling- Cluster
Multiple Dwelling
✓(3)
J(4)
✓
✓
J
✓
Lodging House
✓
✓
✓
J
Continuing Care Community
✓
✓
✓
Hospice
✓
✓ ✓
✓
✓
✓
Residential Care Facility, Small
✓
✓ ✓
✓
✓
✓
Residential Care Facility, Large
✓
✓
✓
J
✓
Non -Residential Uses
✓
✓
✓
Artisan's Establishment (5)
Artisan's Establishment (5)
Community Facility (5)
✓
✓
Community Facility (5)
Convenience Retail (5)
✓
✓
Convenience Retail (5)
Day Care Facility (5)
✓
J
Day Care Facility (5)
Financial Establishment (5)
✓
✓
Financial Establishment (5)
Health Office (5)
J
Health Office (5)
Home Occupation (6)
✓
J
✓
✓ ✓
✓
Home Occupation (6)
✓
✓
✓ ✓
✓
✓
✓
Office (5)
Persona! Services (5)
✓
✓
Persona! Services (5)
Studio (5)
✓
Studio (5)
✓
✓
Additional Regulations for Permitted Uses Table 7-1
(1) Shall be permitted in accordance with 4.12.1 and
4.12.2.
(2) Shall be permitted in accordance with 4.12.3.
(3) The maximum number of dwelling units in a dwelling
shall be 4.
(4) The maximum number of dwelling units in a dwelling
shall be 8.
(5) Permitted non-residential uses must be located within
a multiple dwelling (despite the definition of multiple
dwelling in Section 3) and are limited in size in accordance
with the regulations in Table 7-6.
(6) Shall be permitted in accordance with 4.7.
and rear lot line.
SECTION 7 — Residential Zones (RES)
7.2 PERMITTED USES
Table 7-1: Permitted Uses within the Residential Zones
Use RES -1 RES -2 RES -3 RES -4 RES -5 RES -6 RES -7
Residential Uses
Single Detached Dwelling
✓
✓
✓
✓ J
Additional Dwelling Units
(Attached)(1)
✓
✓
✓
✓ ✓
Additional Dwelling Units
(Detached)(2)
✓
✓
✓
✓ ✓
Semi -Detached Dwelling
✓
✓ J
Townhouse Dwelling- Street
J(3) ✓(4)
Townhouse Dwelling- Cluster
✓(4)
✓
Multiple Dwelling(7)
J(3) J
✓
✓
Lodging House
✓ ✓
✓
✓
Continuing Care Community
✓
✓
✓
Hospice
✓
✓
✓ J
J
✓
Residential Care Facility, Small
✓
✓
✓ J
✓
✓
Residential Care Facility, Large
✓
✓
✓
Non -Residential Uses
Artisan's Establishment (5)
Community Facility (5)
✓
J
✓
J
Convenience Retail (5)
✓
J
Day Care Facility (5)
✓
✓
Financial Establishment (5)
✓
Health Office (5)
✓
Home Occupation (6)
✓
J
✓
✓ ✓
✓
✓
Office (5)
✓
✓
Persona! Services (5)
✓
Studio (5)
✓
✓
Additional Regulations for Permitted Uses Table 7-1
(1) Shall be permitted in accordance with 4.12.1 and
4.12.2.
(2) Shall be permitted in accordance with 4.12.3.
(3) The maximum number of dwelling units in a dwelling
shall be 4.
(4) The maximum number of dwelling units in a dwelling
shall be 8.
(5) Permitted non-residential uses must be located within
a multiple dwelling (despite the definition of multiple
dwelling in Section 3) and are limited in size in accordance
with the regulations in Table 7-6.
(6) Shall be permitted in accordance with 4.7.
Existing Section/Regulation Proposed Amendment
NEW REGULATION (7) 4 to 10 dwelling units on a lot provided without any
non-residential use except permitted home occupation
SECTION 7 — Residential Zones (RES)
Table 7-6: For Multiple Dwellings and Non -Residential
Uses
Additional Regulations for Multiple Dwellings and Non -
Residential Uses Table 7-6
(1) A multiple dwelling up to 4 dwelling units shall have a
minimum lot width of 15.0 metres.
(2) Combined total Floor Space Ratio of all uses on the lot.
(3) For multiple dwellings with 4 dwelling units or more,
each dwelling unit located at ground floor level shall have
a patio area adjacent to the dwelling unit with direct
access to such dwelling unit.
(4) The total gross floor area of all non-residential uses
shall not exceed 25% of the total gross floor area on a lot.
(5) The maximum building height shall be 25 metres within
15 metres of a lot with a (RES -6) Medium Rise Residential
Six Zone.
(6) The regulations within Table 7-6 shall not apply to an
existing multiple dwelling on an existing lot.
(7) Individual buildings will not be required to achieve the
minimum floor space ratio where there is an approved
Urban Design Brief that includes a Master Site Plan that
demonstrates the overall development can achieve the
minimum floor space ratio.
(8) For lands identified in Appendix D — Established
Neighbourhoods Area, the minimum and maximum front
yard shall be in accordance with Section 7.6.
(9) For lands identified in Appendix C — Central
Neighborhoods, the maximum building height shall be in
accordance with Section 7.5.
uses shall be permitted in accordance with the regulations
in Table 7-5 or Table 7-6 as applicable and Section 4.12.4
SECTION 7 — Residential Zones (RES)
Table 7-6: For Multiple Dwellings and Non -Residential
Uses
Additional Regulations for Multiple Dwellings and Non -
Residential Uses Table 7-6
(1) A multiple dwelling with 4 dwelling units shall have a
minimum lot width of 15.0 metres.
(2) Combined total Floor Space Ratio of all uses on the lot.
(3) For multiple dwellings DELETED, each dwelling unit
located at ground floor level shall have a patio area
adjacent to the dwelling unit with direct access to such
dwelling unit.
(4) The total gross floor area of all non-residential uses
shall not exceed 25% of the total gross floor area on a lot.
(5) The maximum building height shall be 25 metres within
15 metres of a lot with a (RES -6) Medium Rise Residential
Six Zone.
(6) The regulations within Table 7-6 shall not apply to an
existing multiple dwelling on an existing lot.
(7) Individual buildings will not be required to achieve the
minimum floor space ratio where there is an approved
Urban Design Brief that includes a Master Site Plan that
demonstrates the overall development can achieve the
minimum floor space ratio.
(8) For lands identified in Appendix D — Established
Neighbourhoods Area, the minimum and maximum front
yard shall be in accordance with Section 7.6.
(9) For lands identified in Appendix C — Central
Neighborhoods, the maximum building height shall be in
accordance with Section 7.5.
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Section 19 — Site Specific Provisions
Existing Site -Specific Provision Proposed Amendment
(223) — Within the lands zoned RES -5 and shown as (223) — Within the lands zoned RES -5 and shown as Ame
affected by this provision on Zoning Grid Schedule 239 of affected by this provision on Zoning Grid assoi
Appendix A, the maximum number of dwelling units in a Schedule 239 of Appendix A, the maximum number of dwel
multiple dwelling shall be five and the following uses shall
not be permitted:
a) hospice;
b) lodging house;
c) an additional dwelling unit (attached) associated with a
semi-detached dwelling; and,
d) street townhouse dwelling.
(226) — Within the lands zoned RES -5 and shown as
affected by this provision on Zoning Grid Schedule 193 of
Appendix A, the following shall apply:
a) the only form of multiple dwelling permitted shall be
cluster townhouse dwelling, in accordance with the
following regulations:
i. the maximum building height shall be 9.0 metres, and
residential buildings are permitted to have a maximum of
one -storey;
ii. parking shall be provided at a rate of 1.3 spaces per
dwelling unit;
iii. off-street parking may not be located between any
building fagade and Trafalgar Avenue; and,
iv. fences with a height greater than 0.9 metres shall not
be permitted between any building fagade and Trafalgar
Avenue.
b) additional dwelling unit (detached) and lodging house
shall not be permitted.
(232) — Within the lands zoned RES -5 and shown as
affected by this provision on Zoning Grid Schedule 239 of
Appendix A, the maximum number of dwelling units in a
multiple dwelling shall be five and the following uses shall
not be permitted:
a) hospice;
b) lodging house;
dwelling units in a multiple dwelling shall
be five and the following uses shall not be permitted:
a) hospice;
b) lodging house;
c) DELETED; and,
d) street townhouse dwelling.
(226) — Within the lands zoned RES -5 and shown as
affected by this provision on Zoning Grid Schedule 193 of
Appendix A, the following shall apply:
a) the only form of multiple dwelling permitted shall be
cluster townhouse dwelling, in accordance with the
following regulations:
i. the maximum building height shall be 9.0 metres, and
residential buildings are permitted to have a maximum of
one -storey;
ii. parking shall be provided at a rate of 1.3 spaces per
dwelling unit;
iii. off-street parking may not be located between any
building fagade and Trafalgar Avenue; and,
iv. fences with a height greater than 0.9 metres shall not
be permitted between any building fagade and Trafalgar
Avenue.
b) DELETED lodging house shall not be permitted.
Ame
(232) — Within the lands zoned RES -5 and shown as Ame
affected by this provision on Zoning Grid Schedule 239 of in as
Appendix A, the maximum number of dwelling units in a dwel
multiple dwelling shall be five and the following uses shall
not be permitted:
a) hospice;
b) lodging house;
c) additional dwelling unit (attached) in association with a c) DELETED and,
semi-detached dwelling; and, d) street townhouse dwelling.
d) street townhouse dwelling.
(253) — Within the lands zoned RES -5 and shown as (253) — Within the lands zoned RES -5 and shown as
affected by this provision on Zoning Grid Schedule 107 and affected by this provision on Zoning Grid Schedule 107 and
108 of Appendix A, the following uses shall not be
permitted:
a) additional dwelling unit (attached);
b) additional dwelling unit (detached);
c) lodging house;
d) semi-detached dwelling; and,
e) single detached dwelling.
108 of Appendix A, the following uses shall not be
permitted:
a) DELETED;
b) DELETED;
c) lodging house;
d) semi-detached dwelling; and,
e) single detached dwelling.
Ame
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Zoning By-law 85-1
Existing Section/Regulation Proposed Amendment
Section 2 — Administration Section 2 — Administration
2.3 ZONING (OCCUPANCY) CERTIFICATE
2.3 ZONING (OCCUPANCY) CERTIFICATE
No change may be made in the type of use of any land No change may be made in the type of use of any land
covered by this By-law or change in the type of use of any covered by this By-law or change in the type of use of any
building on any such land without a Zoning (Occupancy)
Certificate being issued by the Director of Planning to the
effect that the proposed use is not contrary to this By-law
building on any such land without a Zoning (Occupancy)
Certificate being issued by the Director of Planning to the
effect that the proposed use is not contrary to this By-law.
A Zoning (Occupancy) Certificate shall be required for each A Zoning (Occupancy) Certificate shall be required for each
use contained within a building containing multiple uses. use contained within a building containing multiple uses.
Notwithstanding the above, no zoning (occupancy)
certificate shall be required for a single detached dwelling,
additional dwelling unit (detached), duplex dwelling, semi-
detached dwelling, street townhouse dwelling, private
home daycare or commercial parking facility.
Section 2 — Administration
New Regulation
Section 4 — Definitions
4.2 Specific
New Definition
Section 4 — Definitions
"Driveway" means a private road giving access from a
Notwithstanding the above, no zoning (occupancy)
certificate shall be required for a single detached dwelling
with or without one additional dwelling unit (attached),
DELETED, duplex dwelling, semi-detached dwelling with or
without one additional detached dwelling (attached),
semi-detached duplex dwelling, DELETED private home
daycare or commercial parking facility.
Section 2 — Administration
2.5 TECHNICAL REVISIONS TO THE ZONING BY-LAW
Technical revisions may be made to this By-law without
the need for a Zoning By-law Amendment. Technical
revisions mean the correction of numbering, cross-
referencing, grammar, punctuation or typographical
errors, mapping errors, or revisions to format in a manner
that does not change the intent of this By-law.
Section 4 — Definitions
4.2 Specific
"Additional Dwelling Unit (Attached)" means the use of a
single detached dwelling, semi-detached house, or street
townhouse dwelling where a separate self-contained
dwelling unit is located within the principal building.
Section 4 — Definitions
"Driveway" means a vehicle route that provides access
public street to a building or parking space. (By-law 2007- from a street or lane to a drive aisle, parking space, or
231,S.2) parking lot.
Existing Section/Regulation Proposed Amendment
Section 4 — Definitions Section 4 — Definitions
"Multiple Dwelling" means a building containing three or "Multiple Dwelling" means a building containing four or - En
more dwelling units but shall not include a street more dwelling units but shall not include a street dti
townhouse dwelling or semi-detached dwelling. townhouse dwelling or semi-detached dwelling. re!
thi
Section 4 — Definitions
"Parking Lot" means an area located on a lot which
contains four or more parking spaces ADD.
Section 4 — Definitions
NEW DEFINITION
Section 5 — General Regulations
NEW REGULATION
Section 4 — Definitions
"Parking Lot" means an area located on a lot which - Re
contains four or more parking spaces and a minimum of wl-
one drive aisle. sp;
ais
Section 4 — Definitions
"Principal" means, when used to describe a use, the
primary use carried out on the lot or within a building or
structure, and, when used to describe a building or
structure, means the building or structure in which the
primary use is conducted, or intended to be conducted.
Section 5 — General Regulations
5.22.1 One Additional Dwelling Unit (Attached)
One additional dwelling unit (attached) may be permitted
in association with a single detached dwelling, a semi-
detached house or a street townhouse dwelling in
accordance with the regulations specified by the zone
category and applying to single detached dwelling, semi-
detached house, or street townhouse dwelling in which an
additional dwelling unit (attached) are located and in
addition to and as amended by the following:
a) One additional dwelling unit (attached) shall only be
located in the same building as a single detached dwelling,
a semi-detached house, or a street townhouse dwelling;
b) An additional dwelling unit (attached) shall be
connected to full municipal services.
5.22.1.1 One Additional Dwelling Unit (Attached) and
Duplexes
1. A duplex dwelling shall be considered as a single
detached dwelling with one additional dwelling unit
- Ne
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use
att
05
- CIZ
AC
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toy
Existing Section/Regulation Proposed Amendment
(attached) and a semi-detached duplex house shall be - CIZ
considered as a semi-detached house with one additional co
dwelling unit (attached). din
2. New duplex dwellings or semi-detached duplex house dti
may be permitted in accordance with regulations set out to
in Section 5.22.1 One Additional Dwelling Unit (Attached). ref
- nlc
Section 5 — General Regulations
NEW REGULATION
Section 5 — General Regulations
5.22.2 Two Additional Dwelling Units (Attached)
Two additional dwelling units may be permitted in
association with a single detached dwelling, a semi-
detached house, or a street townhouse dwelling in
accordance with the regulations specified by the zone
category and applying to single detached dwelling, semi-
detached house, or street townhouse dwelling in which
the two additional dwelling units (attached) are located
and in addition to and as amended by the following:
a) two additional dwelling units (attached) shall be
connected to full municipal services;
b) a maximum of one pedestrian entrance to the principal
building shall be located on each street line fagade, except
where more pedestrian entrances are existing;
c) no more than two additional dwelling units (attached)
are permitted on a lot;
d) the maximum number of dwelling units on a lot shall be
th ree;
e) the minimum lot area shall be 395 square metres or in
accordance with the minimum lot area specified by the
zone category for the principal dwelling type, whichever is
greater;
f) the minimum lot width shall be 13.1 metres or in
accordance with the minimum lot width specified by the
zone category for the principal dwelling type, whichever is
greater;
as
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Existing Section/Regulation Proposed Amendment
g) the minimum landscaped area shall be 20%.
Section 5 — General Regulations
NEW REGULATION
Section 6 - OFF-STREET PARKING AND OFF-STREET
LOADING
6.1 OFF-STREET PARKING
.1 REGULATIONS
.1 Location
b) Single Detached Dwellings, Semi -Detached Dwellings,
and Duplex Dwellings with or without an Additional
Dwelling Unit (Detached); Residential Care Facility having
less than 9 residents; and a Lodging House having less
than 9 residents
Section 5 — General Regulations
5.33 Four to Ten Dwelling Units on a Lot
Four (4) to ten (10) dwelling units on a lot without any
non-residential use except permitted home occupation
uses shall be permitted in accordance with the regulations
specified by the zone category for the dwelling(s) and shall
have:
a) a minimum of 20% street line facade opening which
includes at least one (1) pedestrian entrance to the
principal building;
b) a minimum 20% of the front yard landscaped, excluding
surface walkways, patios, decks, playgrounds or pathways;
c) a minimum driveway width of 2.6 metres;
d) despite section 5.33 c), where a driveway is
immediately adjacent to any building or structure on a lot,
the driveway including any curbing shall be a minimum of
3.0 metres wide.
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Section 6 - OFF-STREET PARKING AND OFF-STREET
LOADING
6.1 OFF-STREET PARKING
.1 REGULATIONS
.1 Location
b) Single Detached Dwellings with or without Additional - CIZ
Dwelling Unit(s), Semi -Detached Dwellings with or als
without Additional Dwelling Unit(s), and Duplex
Dwellings with or without one Additional Dwelling
Unit(s) (Attached) or an Additional Unit (Detached);
Residential Care Facility having less than 9 residents; and
a Lodging House having less than 9 residents
Existing Section/Regulation Proposed Amendment
On a lot containing a Single Detached Dwelling, Semi- On a lot containing a Single Detached Dwelling with or
Detached Dwelling, or Duplex Dwelling with or without an without Additional Dwelling Unit(s), Semi -Detached
Additional Dwelling Unit (Detached); Residential Care Dwelling with or without Additional Dwelling Unit(s), or
Facility having less than 9 residents; or a Lodging House Duplex Dwelling with or without one Additional Dwelling
having less than 9 residents: (Amended: By-law 2021-040,
S.9)
i) The off-street parking required for such dwellings shall
be located a minimum distance of 6 metres from the
street line.
Notwithstanding the above, a Duplex Dwelling, Semi -
Detached Dwelling containing two dwelling units, any
principal dwelling with an Additional Dwelling Unit
(Detached), or a Residential Care Facility having less than 9
residents, all of which require a minimum of two parking
spaces, shall be permitted to locate one of the required
parking spaces on the driveway less than 6 metres from
the street line and may be arranged in tandem. For any
principal dwelling containing an Additional Dwelling Unit
(Detached), up to three required parking spaces may be
arranged in tandem. (Amended: By-law 2021-040, 5.10)
Section 6 - OFF-STREET PARKING AND OFF-STREET
LOADING
6.1 OFF-STREET PARKING
.1 REGULATIONS
.1 Location
c) Street Townhouse Dwellings with or without an
Additional Dwelling Unit (Detached)
On a lot containing a Street Townhouse Dwelling with or
without an Additional Dwelling Unit (Detached):
(Amended: By-law 2021-040, 5.11)
Unit(s) (Attached) or an Additional Unit (Detached);
Residential Care Facility having less than 9 residents; or a
Lodging House having less than 9 residents: (Amended:
By-law 2021-040, S.9)
i) The off-street parking required for such dwellings shall
be located a minimum distance of 6 metres from the
street line.
Notwithstanding the above, where two or three parking -
spaces are required, one of the required parking spaces
shall be permitted to locate on the driveway less than 6
metres from the street line and up to three parking spaces
may be arranged in tandem.
Section 6 - OFF-STREET PARKING AND OFF-STREET
LOADING
6.1 OFF-STREET PARKING
.1 REGULATIONS
.1 Location
c) Street Townhouse Dwellings with or without
Additional Dwelling Unit(s) (Attached) or Additional Unit
(Detached)
On a lot containing a Street Townhouse Dwelling with or
without an Additional Dwelling Unit(s) (Attached) or
Existing Section/Regulation Proposed Amendment
Additional Dwelling Unit (Detached): (Amended: By-law
i) The off-street parking required for such dwelling shall
not be located within the minimum front yard or the
minimum side yard abutting a street, except in the case of
a Street Townhouse Dwelling containing two Dwelling
Units or any Street Townhouse Dwelling containing an
Additional Dwelling Unit (Detached), in which case one
required off-street parking space may be located in a
driveway within the minimum front yard or minimum side
yard abutting a street. (Amended: By-law 2021-040, S.12)
ii) a) A driveway shall be located leading directly from a
street or lane to a parking space located a minimum
distance of 6.0 metres from the street line and shall have
a minimum width of 2.6 metres. (By-law 2005-106, S.12)
(Housekeeping Amendment)
b) A driveway may be widened to a maximum of 65% of
the lot width or 6 metres, whichever is the lesser.
c) A driveway and widening thereof may be used for the
parking of vehicles provided that a parking space on the
driveway or the widening meets the minimum length
requirements of Section 6.1.1.2 d). (Amended: By-law
2018-125, S.13) (By-law 94-183, S.14[b], as amended by
By-law 95-106, S.5[a]) (Amended: By-law 2012-034, S.27)
iii) Notwithstanding clause ii) above, on a corner lot an
access driveway shall not be located closer than 9 metres
to the intersection of the street lines abutting the lot. For
the purpose of this subsection iii), where one or more
parking spaces are provided with a setback of less than 12
metres, the driveway including any widening shall be
deemed to be at least the same width as the parking
spaces, for a minimum distance of 12 metres from the
parking space, measured perpendicular to the end of the
parking space closest to the street. (By-law 2012-034,
S.28)
2021-040, S.11)
i) The off-street parking required for such dwelling shall
not be located within the minimum front yard or the
minimum side yard abutting a street, except in the case of
a Street Townhouse Dwelling containing Additional
Dwelling Unit(s) (Attached) or Additional Dwelling Unit
(Detached), in which case one required off-street parking
space may be located in a driveway within the minimum
front yard or minimum side yard abutting a street.
(Amended: By-law 2021-040, S.12)
ii) a) A driveway shall be located leading directly from a
street or lane to a parking space located a minimum
distance of 6.0 metres from the street line and shall have
a minimum width of 2.6 metres. (By-law 2005-106, S.12)
(Housekeeping Amendment)
b) A driveway may be widened to a maximum of 65% of
the lot width or 6 metres, whichever is the lesser.
c) A driveway and widening thereof may be used for the
parking of vehicles provided that a parking space on the
driveway or the widening meets the minimum length
requirements of Section 6.1.1.2 d). (Amended: By-law
2018-125, S.13) (By-law 94-183, S.14[b], as amended by
By-law 95-106, S.5[a]) (Amended: By-law 2012-034, S.27)
iii) Notwithstanding clause ii) above, on a corner lot an
access driveway shall not be located closer than 9 metres
to the intersection of the street lines abutting the lot. For
the purpose of this subsection iii), where one or more
parking spaces are provided with a setback of less than 12
metres, the driveway including any widening shall be
deemed to be at least the same width as the parking
spaces, for a minimum distance of 12 metres from the
parking space, measured perpendicular to the end of the
parking space closest to the street. (By-law 2012-034,
S.28)
Existing Section/Regulation
iv) In the case of a Street Townhouse Dwelling containing
two Dwelling Units and any Street Townhouse Dwelling
with an Additional Dwelling Unit (Detached), each
additional required parking space may be arranged in
tandem behind the first required space. (Amended: By -la
2021-040, 5.13)
v) Within a front yard, side yard or side yard abutting a
street, motor vehicles shall only be parked on a driveway
conforming with Section 6.1.1.1. (By-law 2007-231, 5.16)
Proposed Amendment
iv) In the case of a Street Townhouse Dwelling containing
Additional Dwelling Unit(s) (Attached) or Additional Unit
(Detached), each additional required parking space may
be arranged in tandem behind the first required space.
w (Amended: By-law 2021-040, 5.13)
vi) The driveway shall be comprised of a material that is
consistent throughout the driveway and that is
distinguishable from all other ground cover or surfacing,
including landscaping or walkways, within the front yard,
side yard or side yard abutting a street. (By-law 2007-231,
5.16) (Amended: By-law 2012-034, 5.29)
Section 6 - OFF-STREET PARKING AND OFF-STREET
LOADING
6.1 OFF-STREET PARKING
.1 REGULATIONS
.2 Design Standards
NEW REGULATION
Section 6 - OFF-STREET PARKING AND OFF-STREET
LOADING
6.1 OFF-STREET PARKING
v) Within a front yard, side yard or side yard abutting a
street, motor vehicles shall only be parked on a driveway
conforming with Section 6.1.1.1. (By-law 2007-231, 5.16)
vi) The driveway shall be comprised of a material that is
consistent throughout the driveway and that is
distinguishable from all other ground cover or surfacing,
including landscaping or walkways, within the front yard,
side yard or side yard abutting a street. (By-law 2007-231,
5.16) (Amended: By-law 2012-034, 5.29)
Section 6 - OFF-STREET PARKING AND OFF-STREET
LOADING
6.1 OFF-STREET PARKING
.1 REGULATIONS
.2 Design Standards
h) Where a parking lot is provided for a development that
does not require site plan approval pursuant to Section 41
of the Planning Act, the following regulations shall apply:
1. the parking lot shall be setback a minimum of 1.5
metres from side lot line and rear lot line; and,
2. the minimum drive aisle width shall be 6 metres.
Section 6 - OFF-STREET PARKING AND OFF-STREET
LOADING
6.1 OFF-STREET PARKING
Existing Section/Regulation Proposed Amendment
.2 OFF-STREET PARKING SCHEDULES (By-law 92-232, .2 OFF-STREET PARKING SCHEDULES (By-law 92-232,
S.5[b]) S.5[b])
a) Off -Street Parking Schedule for All Zones Except a) Off -Street Parking Schedule for All Zones Except
Downtown Zones (By-law 92-232, S.5[c]) Downtown Zones (By-law 92-232, S.5[c])
Parking spaces shall be provided in the minimum quantity Parking spaces shall be provided in the minimum quantity
specified in Column 2 hereunder for each use listed in specified in Column 2 hereunder for each use listed in
Column 1, subject to Subsection b) hereof. Column 1, subject to Subsection b) hereof.
Column 1 Column 2
Additional Dwelling Unit 1 for each dwelling unit, or
(Detached) 0 where the lot is located
within 800 metres of a Light
Rail Transit (LRT) station as
shown on Appendix I.
Section 31 — NEIGHBOURHOOD INSTITUTIONAL ZONE (I-
1)
31.1 PERMITTED USES
ADD
Day Care Facility
Duplex Dwelling
Dwelling Unit (By-law 98-108, S.5)
Educational Establishment
Home Business (By-law 94-1, S.8)
Hospice (By-law 2013-124, 5.33)
Private Home Day Care
Religious Institution
Residential Care Facility
Semi -Detached Dwelling
Single -Detached Dwelling
Column 1 Column 2
Additional Dwelling Unit 1 for each dwelling unit
(Attached)
Additional Dwelling Unit 1 for each dwelling unit, or
(Detached) 0 where the lot is located
within 800 metres of a Light
Rail Transit (LRT) station as
shown on Appendix I.
Section 31— NEIGHBOURHOOD INSTITUTIONAL ZONE (I-
1)
31.1 PERMITTED USES
Additional Dwelling Unit (Attached)
Additional Dwelling Unit (Detached)
Day Care Facility
Duplex Dwelling
Dwelling Unit (By-law 98-108, S.5)
Educational Establishment
Home Business (By-law 94-1, S.8)
Hospice (By-law 2013-124, 5.33)
Private Home Day Care
Religious Institution
Residential Care Facility
Semi -Detached Dwelling
Single -Detached Dwelling
Sp
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Section 31 — NEIGHBOURHOOD INSTITUTIONAL ZONE (I- Section 31— NEIGHBOURHOOD INSTITUTIONAL ZONE (I- - Re
1) 1) se(
Section/Regulation
31.3 REGULATIONS
New Regulations
Section 32 — COMMUNITY INSTITUTIONAL ZONE (1-2)
32.1 PERMITTED USES
ADD
Artisan's Establishment
Convenience Retail
Day Care Facility
Duplex Dwelling
Dwelling Unit (By-law 98-108, S.5)
Educational Establishment
Financial Establishment
Health Office
Health Clinic
Home Business (By-law 94-1, S.8)
Hospice (By-law 2013-124, 5.35)
Multiple Dwelling
Personal Services
Private Home Day Care
Religious Institution
Residential Care Facility
Semi -Detached Dwelling
Single -Detached Dwelling
Social Service Establishment
Street Townhouse Dwelling
Amendment
31.3 REGULATIONS
.6 For Additional Dwelling Unit (Detached)
In accordance with regulations set out in Section 5.22 of
this By-law.
.7 For Additional Dwelling Unit (Attached)
One Additional Dwelling Unit (attached) may be permitted
in accordance with regulations set out in Section 5.22.1 of
this By-law.
Two Additional Dwelling Units (Attached) may be
permitted in accordance with regulations set out in
Section 5.22.2 of this By-law
Section 32 — COMMUNITY INSTITUTIONAL ZONE (1-2)
32.1 PERMITTED USES
Additional Dwelling Unit (Attached)
Additional Dwelling Unit (Detached)
Artisan's Establishment
Convenience Retail
Day Care Facility
Duplex Dwelling
Dwelling Unit (By-law 98-108, S.5)
Educational Establishment
Financial Establishment
Health Office
Health Clinic
Home Business (By-law 94-1, S.8)
Hospice (By-law 2013-124, 5.35)
Multiple Dwelling
Personal Services
Private Home Day Care
Religious Institution
Residential Care Facility
Semi -Detached Dwelling
Single -Detached Dwelling
Social Service Establishment
Street Townhouse Dwelling
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Section/Regulation
Section 32 — COMMUNITY INSTITUTIONAL ZONE (1-2)
32.3 REGULATIONS
.5 For Artisan's Establishment, Day Care Facility,
Educational Establishment, Health Office, Health Clinic,
Hospice, Religious Institution, Residential Care Facility
with 9 Residents or more, Social Service Establishment,
Multiple Dwelling and Veterinary Services
Section 32 — COMMUNITY INSTITUTIONAL ZONE (1-2)
32.3 REGULATIONS
New Regulations
Section 33 — MAJOR INSTITUTIONAL ZONE (1-3)
33.1 PERMITTED USES
ADD
Arena
Auditorium
Community Centre
Convenience Retail
Day Care Facility
Educational Establishment
Amendment
Section 32 — COMMUNITY INSTITUTIONAL ZONE (1-2)
32.3 REGULATIONS
.5 For Artisan's Establishment, Day Care Facility,
Educational Establishment, Health Office, Health Clinic,
Hospice, Religious Institution, Residential Care Facility
with 9 Residents or more, Social Service Establishment,
Multiple Dwelling and Veterinary Services
Section 32 — COMMUNITY INSTITUTIONAL ZONE (1-2)
32.3 REGULATIONS -
.9 For Additional Dwelling Unit (Detached)
In accordance with regulations set out in Section 5.22 of
this By-law.
.10 For Additional Dwelling Unit (Attached)
One Additional Dwelling Unit (attached) may be permitted
in accordance with regulations set out in Section 5.22.1 of
this By-law.
Two Additional Dwelling Units (Attached) may be
permitted in accordance with regulations set out in
Section 5.22.2 of this By-law
.11 For Lots with Four to Ten Dwelling Units -
4 to 10 dwelling units on a lot provided without any non-
residential use except permitted home occupation uses
shall be permitted in accordance with the regulations in
this Section as applicable and Section 5.33
Section 33 — MAJOR INSTITUTIONAL ZONE (1-3) -
33.1 PERMITTED USES
Additional Dwelling Unit (Attached)
Additional Dwelling Unit (Detached)
Arena
Auditorium
Community Centre
Convenience Retail
Day Care Facility
Educational Establishment
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to)
Existing Section/Regulation
Proposed Amendment
Financial Establishment
Financial Establishment
Health Office
Health Office
Health Clinic
Health Clinic
Home Business (By-law 94-1, S.8)
Home Business (By-law 94-1, S.8)
Hospital
Hospital
Lodging House
Lodging House
Medical Laboratory
Medical Laboratory
Multiple Dwelling
Multiple Dwelling
Museum
Museum
Personal Services
Personal Services
Private Home Day Care
Private Home Day Care
Religious Institution
Religious Institution
Residential Care Facility
Residential Care Facility
Social Service Establishment
Social Service Establishment
Stadium
Stadium
Street Townhouse Dwelling
Street Townhouse Dwelling
Studio
Studio
Veterinary Services
Veterinary Services
Section 33 — MAJOR INSTITUTIONAL ZONE (1-3)
Section 33 — MAJOR INSTITUTIONAL ZONE (1-3)
33.3 REGULATIONS
33.3 REGULATIONS - Re
New Regulations
.5 For Additional Dwelling Unit (Detached) sei
In accordance with regulations set out in Section 5.22 of
this By-law.
.6 For Additional Dwelling Unit (Attached)
One Additional Dwelling Unit (attached) may be permitted
in accordance with regulations set out in Section 5.22.1 of
this By-law.
Two Additional Dwelling Units (Attached) may be
permitted in accordance with regulations set out in
Section 5.22.2 of this By-law
.7 For Lots with Four to Ten Dwelling Units - Re
4 to 10 dwelling units on a lot provided without any non- se(
residential use except permitted home occupation uses un
shall be permitted in accordance with the regulations in
this Section as applicable and Section 5.33
Existing Section/Regulation
Section 35 — RESIDENTIAL ONE ZONE (R-1)
35.1 PERMITTED USES
ADD
Additional Dwelling Unit (Detached) (By-law 2021-040,
5.16)
Home Business (By-law 94-1, S.8)
Private Home Day Care
Residential Care Facility (By-law 2012-140, S.7)
Single Detached Dwelling
Section 35 — RESIDENTIAL ONE ZONE (R-1)
ADD
Section 36 — RESIDENTIAL TWO ZONE (R-2)
36.1 PERMITTED USES
ADD
Additional Dwelling Unit (Detached) (By-law 2021-040,
5.16)
Duplex Dwelling (By-law 94-183, 5.20)
Home Business
Private Home Day Care
Residential Care Facility
Single Detached Dwelling
Amendment
Section 35 — RESIDENTIAL ONE ZONE (R-1)
35.1 PERMITTED USES
Additional Dwelling Unit (Attached)
Additional Dwelling Unit (Detached) (By-law 2021-040,
5.16)
Home Business (By-law 94-1, S.8)
Private Home Day Care
Residential Care Facility (By-law 2012-140, S.7)
Single Detached Dwelling
Section 35 — RESIDENTIAL ONE ZONE (R-1)
35.5 For Additional Dwelling Unit (Attached)
One Additional Dwelling Unit (attached) may be permitted
in accordance with regulations set out in Section 5.22.1 of
this By-law.
Two Additional Dwelling Units (Attached) may be
permitted in accordance with regulations set out in
Section 5.22.2 of this By-law.
Section 36 — RESIDENTIAL TWO ZONE (R-2)
36.1 PERMITTED USES
Additional Dwelling Unit (Attached)
Additional Dwelling Unit (Detached) (By-law 2021-040,
5.16)
Duplex Dwelling (By-law 94-183, 5.20)
Home Business
Private Home Day Care
Residential Care Facility
Single Detached Dwelling
Section 36 — RESIDENTIAL TWO ZONE (R-2) Section 36 — RESIDENTIAL TWO ZONE (R-2)
36.2 REGULATIONS 36.2 REGULATIONS
ADD .4 For Additional Dwelling Unit (Attached)
One Additional Dwelling Unit (attached) may be permitted
in accordance with regulations set out in Section 5.22.1 of
this By-law.
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Section/Regulation
Section 37 — RESIDENTIAL THREE ZONE (R-3)
37.1 PERMITTED USES
ADD
Additional Dwelling Unit (Detached) (By-law 2021-040,
S.16)
Duplex Dwelling (By-law 94-183, S.20)
Home Business
Private Home Day Care
Residential Care Facility
Single Detached Dwelling
Section 37 — RESIDENTIAL THREE ZONE (R-3)
37.2 REGULATIONS
ADD
Section 38 — RESIDENTIAL FOUR ZONE (R-4)
38.1 PERMITTED USES
ADD
Additional Dwelling Unit (Detached) (By-law 2021-040,
S.16)
Duplex Dwelling (By-law 94-183, S.20)
Home Business
Private Home Day Care
Residential Care Facility
Semi -Detached Duplex Dwelling (Amended: By-law 2021
040,S.22)
Semi -Detached Dwelling
Sinele Detached Dwelline
Amendment
Two Additional Dwelling Units (Attached) may be
permitted in accordance with regulations set out in
Section 5.22.2 of this By-law.
Section 37 — RESIDENTIAL THREE ZONE (R-3)
37.1 PERMITTED USES
Additional Dwelling Unit (Attached)
Additional Dwelling Unit (Detached) (By-law 2021-040,
S.16)
Duplex Dwelling (By-law 94-183, S.20)
Home Business
Private Home Day Care
Residential Care Facility
Single Detached Dwelling
Section 37 — RESIDENTIAL THREE ZONE (R-3) -
37.2 REGULATIONS
.4 For Additional Dwelling Unit (Attached)
One Additional Dwelling Unit (attached) may be permitted
in accordance with regulations set out in Section 5.22.1 of
this By-law.
Two Additional Dwelling Units (Attached) may be
permitted in accordance with regulations set out in
Section 5.22.2 of this By-law.
Section 38 — RESIDENTIAL FOUR ZONE (R-4)
38.1 PERMITTED USES
Additional Dwelling Unit (Attached)
Additional Dwelling Unit (Detached) (By-law 2021-040,
S.16)
Duplex Dwelling (By-law 94-183, S.20)
Home Business
Private Home Day Care
Residential Care Facility
- Semi -Detached Duplex Dwelling (Amended: By-law 2021-
040,S.22)
Semi -Detached Dwelling
Single Detached Dwelling
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Section 38 — RESIDENTIAL FOUR ZONE (R-4)
38.2 REGULATIONS
ADD
Section 39 — RESIDENTIAL FIVE ZONE (R-5)
39.1 PERMITTED USES
ADD
Additional Dwelling Unit (Detached) (By-law 2021-040,
S.16)
Duplex Dwelling
Home Business
Hospice (By-law 2013-124, S.37)
Lodging House
Multiple Dwelling
Private Home Day Care
Residential Care Facility
Semi -Detached Duplex Dwelling (Amended: By-law 2021-
040,S.22)
Semi -Detached Dwelling
Single Detached Dwelling
Section 39 — RESIDENTIAL FIVE ZONE (R-5)
39.2 REGULATIONS
.4 For Multiple Dwelling, Hospice and Lodging House
Maximum Number of Dwelling Units in a Multiple
Dwelling: Three dwelling units.
Section 39 — RESIDENTIAL FIVE ZONE (R-5)
39.2 REGULATIONS
ADD
Amendment
Section 38 — RESIDENTIAL FOUR ZONE (R-4)
38.2 REGULATIONS
.6 For Additional Dwelling Unit (Attached)
One Additional Dwelling Unit (attached) may be permitted
in accordance with regulations set out in Section 5.22.1 of
this By-law.
Two Additional Dwelling Units (Attached) may be
permitted in accordance with regulations set out in
Section 5.22.2 of this By-law.
Section 39 — RESIDENTIAL FIVE ZONE (R-5)
39.1 PERMITTED USES
Additional Dwelling Unit (Attached)
Additional Dwelling Unit (Detached) (By-law 2021-040,
S.16)
Duplex Dwelling
Home Business
Hospice (By-law 2013-124, S.37)
Lodging House
DELETED
Private Home Day Care
Residential Care Facility
Semi -Detached Duplex Dwelling (Amended: By-law 2021-
040,S.22)
Semi -Detached Dwelling
Single Detached Dwelling
Section 39 — RESIDENTIAL FIVE ZONE (R-5)
39.2 REGULATIONS
.4 For DELETED Hospice and Lodging House
DELETED
Section 39 — RESIDENTIAL FIVE ZONE (R-5)
39.2 REGULATIONS
.8 For Additional Dwelling Unit (Attached)
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Section/Regulation
Section 39 — RESIDENTIAL FIVE ZONE (R-5)
39.2A FOR ALL USES
Maximum Number of Dwellings Per Lot: One plus an
Additional Dwelling Unit (Detached)
Section 40 — RESIDENTIAL SIX ZONE (R-6)
40.1 PERMITTED USES
ADD
Additional Dwelling Unit (Detached) (By-law 2021-040,
S.16)
Duplex Dwelling
Home Business
Hospice (By-law 2013-124, S.39)
Lodging House
Multiple Dwelling
Private Home Day Care
Residential Care Facility
Semi -Detached Duplex Dwelling (OMB Order PL140037,
By-law 2013-149 (Amended), S.7)
Semi -Detached Dwelling
Single Detached Dwelling
Street Townhouse Dwelling
Section 40 — RESIDENTIAL SIX ZONE (R-6)
40.2 REGULATIONS
ADD
Amendment
One Additional Dwelling Unit (attached) may be permitted
in accordance with regulations set out in Section 5.22.1 of
this By-law.
Two Additional Dwelling Units (Attached) may be
permitted in accordance with regulations set out in
Section 5.22.2 of this By-law.
Section 39 — RESIDENTIAL FIVE ZONE (R-5) - Exp
39.2A FOR ALL USES AE
Maximum Number of Dwellings Per Lot: One plus
Additional Dwelling Unit(s)
Section 40 — RESIDENTIAL SIX ZONE (R-6)
40.1 PERMITTED USES
Additional Dwelling Unit (Attached)
Additional Dwelling Unit (Detached) (By-law 2021-040,
S.16)
Duplex Dwelling
Home Business
Hospice (By-law 2013-124, S.39)
Lodging House
Multiple Dwelling
Private Home Day Care
Residential Care Facility
Semi -Detached Duplex Dwelling (OMB Order PL140037,
By-law 2013-149 (Amended), S.7)
Semi -Detached Dwelling S
ingle Detached Dwelling
Street Townhouse Dwelling
Section 40 — RESIDENTIAL SIX ZONE (R-6)
40.2 REGULATIONS
.10 For Additional Dwelling Unit (Attached)
One Additional Dwelling Unit (attached) may be permitted
in accordance with regulations set out in Section 5.22.1 of
this By-law.
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Section/Regulation
Section 41 — RESIDENTIAL SEVEN ZONE (R-7)
41.1 PERMITTED USES
ADD
Additional Dwelling Unit (Detached) (By-law 2021-040,
S.16)
Duplex Dwelling
Home Business
Lodging House
Multiple Dwelling
Private Home Day Care
Residential Care Facility
Semi -Detached Duplex Dwelling (OMB Order PL140037,
By-law 2013-149 (Amended), S.9)
Semi -Detached Dwelling
Single Detached Dwelling
Street Townhouse Dwelling
Section 41 — RESIDENTIAL SEVEN ZONE (R-7)
41.2 REGULATIONS
ADD
Amendment
Two Additional Dwelling Units (Attached) may be
permitted in accordance with regulations set out in
Section 5.22.2 of this By-law.
.11 For Lots with Four to Ten Dwelling Units
4 to 10 dwelling units on a lot provided without any non-
residential use except permitted home business uses shall
be permitted in accordance with the regulations in this
Section as applicable and Section 5.33.
Section 41— RESIDENTIAL SEVEN ZONE (R-7)
41.1 PERMITTED USES
Additional Dwelling Unit (Attached)
Additional Dwelling Unit (Detached) (By-law 2021-040,
S.16)
Duplex Dwelling
Home Business
Lodging House
Multiple Dwelling
Private Home Day Care
Residential Care Facility
Semi -Detached Duplex Dwelling (OMB Order PL140037,
By-law 2013-149 (Amended), S.7)
Semi -Detached Dwelling
Single Detached Dwelling
Street Townhouse Dwelling
Section 41— RESIDENTIAL SEVEN ZONE (R-7)
41.2 REGULATIONS
.11 For Additional Dwelling Unit (Attached)
One Additional Dwelling Unit (attached) may be permitted
in accordance with regulations set out in Section 5.22.1 of
this By-law.
Two Additional Dwelling Units (Attached) may be
permitted in accordance with regulations set out in
Section 5.22.2 of this By-law.
.12 For Lots with Four to Ten Dwelling Units
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Section/Regulation
Section 42 — RESIDENTIAL EIGHT ZONE (R-8)
42.1 PERMITTED USES
ADD
Duplex Dwelling
Home Business
Lodging House
Multiple Dwelling
Private Home Day Care
Residential Care Facility
Semi -Detached Dwelling existing on the date that the R-8
Zone was applied to the land. (By-law 94-183, 5.32)
Single Detached Dwelling existing on the date that the R-8
Zone was applied to the land. (By-law 94-183, 5.32)
Street Townhouse Dwelling
Section 42 — RESIDENTIAL EIGHT ZONE (R-8)
42.2 REGULATIONS
ADD
Amendment
4 to 10 dwelling units on a lot provided without any non-
residential use except permitted home business uses shall
be permitted in accordance with the regulations in this
Section as applicable and Section 5.33.
Section 42 — RESIDENTIAL EIGHT ZONE (R-8)
42.1 PERMITTED USES
Additional Dwelling Unit (Attached)
Additional Dwelling Unit (Detached)
Duplex Dwelling
Home Business
Lodging House
Multiple Dwelling
Private Home Day Care
Residential Care Facility
Semi -Detached Dwelling existing on the date that the R-8
Zone was applied to the land. (By-law 94-183, 5.32)
Single Detached Dwelling existing on the date that the R-8
Zone was applied to the land. (By-law 94-183, 5.32)
Street Townhouse Dwelling
Section 42 — RESIDENTIAL EIGHT ZONE (R-8)
42.2 REGULATIONS
.12 For Additional Dwelling Unit (Detached)
In accordance with regulations set out in Section 5.22 of
this By-law.
.13 For Additional Dwelling Unit (Attached)
One Additional Dwelling Unit (attached) may be permitted
in accordance with regulations set out in Section 5.22.1 of
this By-law.
Two Additional Dwelling Units (Attached) may be
permitted in accordance with regulations set out in
Section 5.22.2 of this By-law.
.14 For Lots with Four to Ten Dwelling Units
4 to 10 dwelling units on a lot provided without any non-
residential use except permitted home business uses shall
- Re
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to)
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Existing Section/Regulation Proposed Amendment I
be permitted in accordance with the regulations in this
Section as applicable and Section 5.33.
Section 43 — RESIDENTIAL NINE ZONE (R-9)
43.1 PERMITTED USES
ADD
Convenience Retail
Day Care Facility
Financial Establishment
Home Business
Lodging House
Multiple Dwelling
Off ice
Personal Services
Private Home Day Care
Residential Care Facility
Street Townhouse Dwelling
Section 43 — RESIDENTIAL NINE ZONE (R-9)
43.2 REGULATIONS
ADD
Section 43 — RESIDENTIAL NINE ZONE (R-9)
43.1 PERMITTED USES
Additional Dwelling Unit (Attached)
Additional Dwelling Unit (Detached)
Convenience Retail
Day Care Facility
Financial Establishment
Home Business
Lodging House
Multiple Dwelling
Off ice
Personal Services
Private Home Day Care
Residential Care Facility
Street Townhouse Dwelling
Section 43 — RESIDENTIAL NINE ZONE (R-9)
43.2 REGULATIONS
.8 For Additional Dwelling Unit (Detached)
In accordance with regulations set out in Section 5.22 of
this By-law.
.9 For Additional Dwelling Unit (Attached)
One Additional Dwelling Unit (attached) may be permitted
in accordance with regulations set out in Section 5.22.1 of
this By-law.
Two Additional Dwelling Units (Attached) may be
permitted in accordance with regulations set out in
Section 5.22.2 of this By-law.
.10 For Lots with Four to Ten Dwelling Units
4 to 10 dwelling units on a lot provided without any non-
residential use except permitted home business uses shall
be permitted in accordance with the regulations in this
Section as applicable and Section 5.33
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un
Existing Section/Regulation
Proposed Amendment
Section 44 — COMMERCIAL RESIDENTIAL ONE ZONE (CR-
Section 44 — COMMERCIAL RESIDENTIAL ONE ZONE (CR- - Pe
1)
1) de
44.1 PERMITTED USES
44.1 PERMITTED USES str
ADD
Additional Dwelling Unit (Attached) use
Additional Dwelling Unit (Detached)
Convenience Retail (By-law 95-106, 5.31)
Convenience Retail (By-law 95-106, 5.31)
Day Care Facility
Day Care Facility
Duplex Dwelling
Duplex Dwelling
Dwelling Unit
Dwelling Unit
Educational Establishment
Educational Establishment
Financial Establishment
Financial Establishment
Funeral Home
Funeral Home
Health Clinic
Health Clinic
Health Office
Health Office
Home Business
Home Business
Hospice (By-law 2013-124, 5.44)
Hospice (By-law 2013-124, 5.44)
Lodging House
Lodging House
Medical Laboratory
Medical Laboratory
Multiple Dwelling
Multiple Dwelling
Off ice
Off ice
Personal Services
Personal Services
Printing Establishment
Printing Establishment
Private Club or Lodge
Private Club or Lodge
Private Home Day Care
Private Home Day Care
Religious Institution
Religious Institution
Residential Care Facility
Residential Care Facility
Sale, Rental, or Service of Business Machines and Office
Sale, Rental, or Service of Business Machines and Office
Supplies
Supplies
Security or Janitorial Services
Security or Janitorial Services
Semi-detached Dwelling existing on the date that the CR -1
Semi-detached Dwelling existing on the date that the CR -1
Zone was applied to the land. (By-law 94-183, 5.34)
Zone was applied to the land. (By-law 94-183, 5.34)
Single Detached Dwelling existing on the date that the CR-
Single Detached Dwelling existing on the date that the CR-
S Zone was applied to the land. (By-law 94-183, 5.34)
1 Zone was applied to the land. (By-law 94-183, 5.34)
Street Townhouse Dwelling
Street Townhouse Dwelling
Studio
Studio
Tourist Home
Tourist Home
Veterinary Services
Veterinary Services
Existing Section/Regulation
Section 44 — COMMERCIAL RESIDENTIAL ONE ZONE (CR -
1)
44.3 REGULATIONS
New Regulations
Section 45 — COMMERCIAL RESIDENTIAL TWO ZONE (CR -
2)
45.1 PERMITTED USES
ADD
Convenience Retail
Day Care Facility
Duplex Dwelling
Dwelling Unit
Educational Establishment
Financial Establishment
Funeral Home
Health Clinic
Health Office
Home Business
Hospice (By-law 2013-124, 5.46)
Lodging House
Medical Laboratory
Proposed Amendment
Section 44 — COMMERCIAL RESIDENTIAL ONE ZONE (CR- - Re
1) se
44.3 REGULATIONS
.14 For Additional Dwelling Unit (Detached)
In accordance with regulations set out in Section 5.22 of
this By-law.
.15 For Additional Dwelling Unit (Attached)
One Additional Dwelling Unit (attached) may be permitted
in accordance with regulations set out in Section 5.22.1 of
this By-law.
Two Additional Dwelling Units (Attached) may be - Re
permitted in accordance with regulations set out in sei
Section 5.22.2 of this By-law un
.16 For Lots with Four to Ten Dwelling Units
4 to 10 dwelling units on a lot provided without any non-
residential use except permitted home business uses shall
be permitted in accordance with the regulations in this
Section as applicable and Section 5.33
Section 45 —COMMERCIAL RESIDENTIAL TWO ZONE (CR- - Pe
2) de
45.1 PERMITTED USES pe
Additional Dwelling Unit (Attached)
Additional Dwelling Unit (Detached)
Convenience Retail
Day Care Facility
Duplex Dwelling
Dwelling Unit
Educational Establishment
Financial Establishment
Funeral Home
Health Clinic
Health Office
Home Business
Hospice (By-law 2013-124, 5.46)
Lodging House
Medical Laboratory
Existing Section/Regulation
Proposed Amendment
Multiple Dwelling
Multiple Dwelling
Off ice
Off ice
Personal Services
Personal Services
Printing Establishment
Printing Establishment
Private Club or Lodge
Private Club or Lodge
Private Home Day Care
Private Home Day Care
Religious Institution
Religious Institution
Residential Care Facility
Residential Care Facility
Sale, Rental, or Service of Business Machines and Office
Sale, Rental, or Service of Business Machines and Office
Supplies
Supplies
Security or Janitorial Services
Security or Janitorial Services
Semi-detached Dwelling existing on the date that the CR -2
Semi-detached Dwelling existing on the date that the CR -2
Zone was applied to the land. (By-law 94-183, 5.35)
Zone was applied to the land. (By-law 94-183, 5.35)
Single Detached Dwelling existing on the date that the CR-
Single Detached Dwelling existing on the date that the CR-
S Zone was applied to the land. (By-law 94-183, 5.35)
2 Zone was applied to the land. (By-law 94-183, 5.35)
Street Townhouse Dwelling
Street Townhouse Dwelling
Studio
Studio
Tourist Home
Tourist Home
Veterinary Services
Veterinary Services
Section 45 — COMMERCIAL RESIDENTIAL TWO ZONE (CR-
Section 45 —COMMERCIAL RESIDENTIAL TWO ZONE (CR- - Re
2)
2) se(
45.3 REGULATIONS
45.3 REGULATIONS
New Regulations
.14 For Additional Dwelling Unit (Detached)
In accordance with regulations set out in Section 5.22 of
this By-law.
.15 For Additional Dwelling Unit (Attached)
One Additional Dwelling Unit (attached) may be permitted
in accordance with regulations set out in Section 5.22.1 of
this By-law.
Two Additional Dwelling Units (Attached) may be - Re
permitted in accordance with regulations set out in se(
Section 5.22.2 of this By-law un
.16 For Lots with Four to Ten Dwelling Units
4 to 10 dwelling units on a lot provided without any non-
residential use except permitted home business uses shall
be permitted in accordance with the regulations in this
Section as applicable and Section 5.33
Existing Section/Regulation Proposed Amendment
Section 46 — COMMERCIAL RESIDENTIAL THREE ZONE
(CR -3)
46.1 PERMITTED USES
ADD
Convenience Retail
Day Care Facility
Dwelling Unit
Educational Establishment
Financial Establishment
Funeral Home
Health Clinic
Health Office
Home Business
Hospice (By-law 2013-124, 5.48)
Lodging House
Medical Laboratory
Multiple Dwelling
Off ice
Personal Services
Printing Establishment
Private Club or Lodge
Private Home Day Care
Religious Institution
Residential Care Facility
Sale, Rental, or Service of Business Machines and Office
Supplies
Security or Janitorial Services
Street Townhouse Dwelling
Studio
Tourist Home
Veterinary Services
Section 46 — COMMERCIAL RESIDENTIAL THREE ZONE
(CR -3)
New Regulations
Section 46 — COMMERCIAL RESIDENTIAL THREE ZONE
(CR -3)
46.1 PERMITTED USES
Additional Dwelling Unit (Attached)
Additional Dwelling Unit (Detached)
Convenience Retail
Day Care Facility
Dwelling Unit
Educational Establishment
Financial Establishment
Funeral Home
Health Clinic
Health Office
Home Business
Hospice (By-law 2013-124, 5.48)
Lodging House
Medical Laboratory
Multiple Dwelling
Off ice
Personal Services
Printing Establishment
Private Club or Lodge
Private Home Day Care
Religious Institution
Residential Care Facility
Sale, Rental, or Service of Business Machines and Office
Supplies
Security or Janitorial Services
Street Townhouse Dwelling
Studio
Tourist Home
Veterinary Services
Section 46 — COMMERCIAL RESIDENTIAL THREE ZONE
(CR -3)
46.4 For Additional Dwelling Unit (Detached)
de
str
use
se(
Existing Section/Regulation Proposed Amendment
In accordance with regulations set out in Section 5.22 of
this By-law.
46.5 For Additional Dwelling Unit (Attached)
One Additional Dwelling Unit (attached) may be permitted
in accordance with regulations set out in Section 5.22.1 of
this By-law.
Two Additional Dwelling Units (Attached) may be
permitted in accordance with regulations set out in
Section 5.22.2 of this By-law
46.6 For Lots with Four to Ten Dwelling Units
4 to 10 dwelling units on a lot provided without any non-
residential use except permitted home business uses shall
be permitted in accordance with the regulations in this
Section as applicable and Section 5.33
Section 47 —COMMERCIAL RESIDENTIAL FOUR ZONE (CR- Section 47 —COMMERCIAL RESIDENTIAL FOUR ZONE (CR -
4)
47.1 PERMITTED USES
ADD
Audio -Visual or Medical Laboratory
Beverage and Beverage Making Equipment Sales
Building Material and Decorating Supply Sales
Carwash
Commercial Parking Facility
Commercial Recreation
Convenience Retail
Craftsman Shop
Day Care Facility
Dwelling Unit (By-law 95-106, 5.33)
Educational Establishment
Financial Establishment
Funeral Home
Garden Centre and Nursery
Gas Station
Health Clinic
4)
47.1 PERMITTED USES
Additional Dwelling Unit (Attached)
Additional Dwelling Unit (Detached)
Audio -Visual or Medical Laboratory
Beverage and Beverage Making Equipment Sales
Building Material and Decorating Supply Sales
Carwash
Commercial Parking Facility
Commercial Recreation
Convenience Retail
Craftsman Shop
Day Care Facility
Dwelling Unit (By-law 95-106, 5.33)
Educational Establishment
Financial Establishment
Funeral Home
Garden Centre and Nursery
Gas Station
Health Clinic
F_ Existing Section/Regulation _F Proposed Amendment
Health Office Health Office
Home Business
Hospice (By-law 2013-124, 5.49)
Hotel
Lodging House
Multiple Dwelling
Off ice
Personal Services
Printing Establishment
Private Club or Lodge and Union Hall
Private Home Day Care
Religious Institution
Repair Service
Residential Care Facility
Restaurant
Sale of Pets and Pet Supplies (By-law 98-108, S.9)
Sale, Rental or Service of Business Machines and Office
Supplies
Sale or Rental of Furniture and Electric or Electronic
Appliances or Electric or Electronic Equipment
Sale, Rental, Service, Storage or Repair of Motor Vehicles,
Major Recreational Equipment and Parts and Accessories
for Motor Vehicles or Major Recreational Equipment
Sale, Rental, Storage or Service of Tools and Industrial or
Farm Equipment
Sale of Sporting Goods (By-law 98-136, S.1)
Street Townhouse Dwelling
Studio
Tourist Home
Tradesman or Contractor's Establishment
Veterinary Services
Wholesaling
Section 47 — COMMERCIAL RESIDENTIAL FOUR ZONE (CR -
4)
47.2 REGULATIONS
New Regulations
Home Business
Hospice (By-law 2013-124, 5.49)
Hotel
Lodging House
Multiple Dwelling
Off ice
Personal Services
Printing Establishment
Private Club or Lodge and Union Hall
Private Home Day Care
Religious Institution
Repair Service
Residential Care Facility
Restaurant
Sale of Pets and Pet Supplies (By-law 98-108, S.9)
Sale, Rental or Service of Business Machines and Office
Supplies
Sale or Rental of Furniture and Electric or Electronic
Appliances or Electric or Electronic Equipment
Sale, Rental, Service, Storage or Repair of Motor Vehicles,
Major Recreational Equipment and Parts and Accessories
for Motor Vehicles or Major Recreational Equipment
Sale, Rental, Storage or Service of Tools and Industrial or
Farm Equipment
Sale of Sporting Goods (By-law 98-136, S.1)
Street Townhouse Dwelling
Studio
Tourist Home
Tradesman or Contractor's Establishment
Veterinary Services
Wholesaling
Section 47 — COMMERCIAL RESIDENTIAL FOUR ZONE (CR -
4)
47.2 REGULATIONS
.7 For Additional Dwelling Unit (Detached)
Existing Section/Regulation Proposed Amendment
In accordance with regulations set out in Section 5.22 of
this By-law.
.8 For Additional Dwelling Unit (Attached)
One Additional Dwelling Unit (attached) may be permitted
in accordance with regulations set out in Section 5.22.1 of
this By-law. - Re
Two Additional Dwelling Units (Attached) may be se(
permitted in accordance with regulations set out in un
Section 5.22.2 of this By-law
.9 For Lots with Four to Ten Dwelling Units
4 to 10 dwelling units on a lot provided without any non-
residential use except permitted home business uses shall
be permitted in accordance with the regulations in this
Section as applicable and Section 5.33
Section 47A — COMMERCIAL RESIDENTIAL FIVE ZONE (CR -
5)
47A.1 PERMITTED USES
ADD
Convenience Retail
Day Care Facility
Educational Establishment
Financial Establishment
Funeral Home
Health Clinic
Health Office
Home Business
Medical Laboratory
Multiple Dwelling
Off ice
Personal Services
Printing Establishment
Private Club or Lodge
Private Home Day Care
Religious Institution
Section 47A— COMMERCIAL RESIDENTIAL FIVE ZONE (CR -
5)
47A.1 PERMITTED USES
Additional Dwelling Unit (Attached)
Additional Dwelling Unit (Detached)
Convenience Retail
Day Care Facility
Educational Establishment
Financial Establishment
Funeral Home
Health Clinic
Health Office
Home Business
Medical Laboratory
Multiple Dwelling
Off ice
Personal Services
Printing Establishment
Private Club or Lodge
Private Home Day Care
Religious Institution
de
sin
Existing Section/Regulation
Sale, Rental, or Service of Business Machines and Office
Supplies
Security of Janitorial Services
Single Detached Dwelling
Studio
Tourist Home
Veterinary Services
Section 47A — COMMERCIAL RESIDENTIAL FIVE ZONE (CR -
5)
47A.3 REGULATIONS
NEW REGULATION
Section 53 — LOW INTENSITY MIXED USE CORRIDOR
ZONE (MU -1)
53.1 PERMITTED USES
ADD
Artisan's Establishment
Canine or Feline Grooming
Commercial Recreation
Community Centre
Craftsman Shop
Day Care Facility
Amendment
Sale, Rental, or Service of Business Machines and Office
Supplies
Security of Janitorial Services
Single Detached Dwelling
Studio
Tourist Home
Veterinary Services
Section 47A — COMMERCIAL RESIDENTIAL FIVE ZONE (CR -
5)
47A.3 REGULATIONS
.4 For Additional Dwelling Unit (Detached)
In accordance with regulations set out in Section 5.22 of
this By-law
.5 For Additional Dwelling Unit (Attached)
One Additional Dwelling Unit (attached) may be permitted
in accordance with regulations set out in Section 5.22.1 of
this By-law.
Two Additional Dwelling Units (Attached) may be
permitted in accordance with regulations set out in
Section 5.22.2 of this By-law
.6 For Lots with Four to Ten Dwelling Units
4 to 10 dwelling units on a lot provided without any non-
residential use except permitted home business uses shall
be permitted in accordance with the regulations in this
Section as applicable and Section 5.33
Section 53 — LOW INTENSITY MIXED USE CORRIDOR
ZONE (MU -1)
53.1 PERMITTED USES
Additional Dwelling Unit (Attached)
Additional Dwelling Unit (Detached)
Artisan's Establishment
Canine or Feline Grooming
Commercial Recreation
Community Centre
Craftsman Shop
Day Care Facility
se(
seg
de
sin
str
Existing Section/Regulation
Proposed Amendment
Duplex Dwelling
Duplex Dwelling
Dwelling Unit
Dwelling Unit
Educational Establishment
Educational Establishment
Financial Establishment
Financial Establishment
Health Clinic
Health Clinic
Health Office
Health Office
Home Business
Home Business
Hospice (By-law 2013-124, 5.50)
Hospice (By-law 2013-124, 5.50)
Lodging House
Lodging House
Medical Laboratory
Medical Laboratory
Multiple Dwelling
Multiple Dwelling
Museum
Museum
Off ice
Off ice
Personal Services
Personal Services
Printing Establishment
Printing Establishment
Private Club or Lodge
Private Club or Lodge
Religious Institution
Religious Institution
Repair Service
Repair Service
Residential Care Facility
Residential Care Facility
Restaurant
Restaurant
Retail
Retail
Security or Janitorial Services
Security or Janitorial Services
Scientific, Technological or Communications Establishment
Scientific, Technological or Communications Establishment
Single Detached Dwelling
Single Detached Dwelling
Street Townhouse Dwelling
Street Townhouse Dwelling
Studio
Studio
Tourist Home
Tourist Home
Veterinary Services
Veterinary Services
(Amended: By-law 2009-105, 5.18) (Amended: By-law
(Amended: By-law 2009-105, 5.18) (Amended: By-law
2012-034, 5.72)
2012-034, 5.72)
Section 53 — LOW INTENSITY MIXED USE CORRIDOR
Section 53 — LOW INTENSITY MIXED USE CORRIDOR - Re
ZONE (MU -1)
ZONE (MU -1) se(
53.2 REGULATIONS
53.2 REGULATIONS
NEW REGULATION
53.2.7 For Additional Dwelling Unit (Detached)
In accordance with regulations set out in Section 5.22 of
this By-law
53.2.8 For Additional Dwelling Unit (Attached)
Existing Section/Regulation Proposed Amendment
One Additional Dwelling Unit (attached) may be permitted
in accordance with regulations set out in Section 5.22.1 of
this By-law.
Two Additional Dwelling Units (Attached) may be - Re
permitted in accordance with regulations set out in se(
Section 5.22.2 of this By-law un
53.2.9 For Lots with Four to Ten Dwelling Units
4 to 10 dwelling units on a lot provided without any non-
residential use except permitted home business uses shall
be permitted in accordance with the regulations in this
Section as applicable and Section 5.33
Section 54 — MEDIUM INTENSITY MIXED USE CORRIDOR
ZONE (MU -2)
54.1 PERMITTED USES
ADD
Artisan's Establishment
Canine or Feline Grooming
Commercial Entertainment
Commercial Recreation
Craftsman Shop
Day Care Facility
Duplex Dwelling
Dwelling Unit
Educational Establishment
Financial Establishment
Health Clinic
Health Office
Home Business
Hospice (2013-124, 5.51)
Hotel
Lodging House
Medical Laboratory
Multiple Dwelling
Museum
Off ice
Section 54 — MEDIUM INTENSITY MIXED USE CORRIDOR
ZONE (MU -2)
54.1 PERMITTED USES
Additional Dwelling Unit (Attached)
Additional Dwelling Unit (Detached)
Artisan's Establishment
Canine or Feline Grooming
Commercial Entertainment
Commercial Recreation
Craftsman Shop
Day Care Facility
Duplex Dwelling
Dwelling Unit
Educational Establishment
Financial Establishment
Health Clinic
Health Office
Home Business
Hospice (2013-124, 5.51)
Hotel
Lodging House
Medical Laboratory
Multiple Dwelling
Museum
Off ice
de
din
ar(
Existing Section/Regulation
Proposed Amendment
Personal Services
Personal Services
Printing Establishment
Printing Establishment
Private Club or Lodge
Private Club or Lodge
Religious Institution
Religious Institution
Repair Service
Repair Service
Residential Care Facility
Residential Care Facility
Restaurant
Restaurant
Retail
Retail
Security or Janitorial Services
Security or Janitorial Services
Scientific, Technological or Communications Establishment
Scientific, Technological or Communications Establishment
Single Detached Dwelling
Single Detached Dwelling
Street Townhouse Dwelling
Street Townhouse Dwelling
Studio
Studio
Tourist Home
Tourist Home
Veterinary Services
Veterinary Services
Section 54 — MEDIUM INTENSITY MIXED USE CORRIDOR
Section 54 — MEDIUM INTENSITY MIXED USE CORRIDOR -
Re
ZONE (MU-2)
ZONE (MU-2)
se(
54.2 REGULATIONS
54.2 REGULATIONS
NEW REGULATION
54.2.7 For Additional Dwelling Unit (Detached)
In accordance with regulations set out in Section 5.22 of
this By-law
54.2.8 For Additional Dwelling Unit (Attached)
One Additional Dwelling Unit (attached) may be permitted
in accordance with regulations set out in Section 5.22.1 of
this By-law.
Two Additional Dwelling Units (Attached) may be -
Re
permitted in accordance with regulations set out in
se(
Section 5.22.2 of this By-law
un
54.2.9 For Lots with Four to Ten Dwelling Units
4 to 10 dwelling units on a lot provided without any non-
residential use except permitted home business uses shall
be permitted in accordance with the regulations in this
Section as applicable and Section 5.33
Section 55 — HIGH INTENSITY MIXED USE CORRIDOR
Section 55 — HIGH INTENSITY MIXED USE CORRIDOR -
Pe
ZONE (MU-3)
ZONE (MU-3)
de
55.1 PERMITTED USES
55.1 PERMITTED USES
Existing Section/Regulation
Proposed Amendment
ADD
Additional Dwelling Unit (Attached) dti
Additional Dwelling Unit (Detached) ar(
Artisan's Establishment
Artisan's Establishment
Canine or Feline Grooming
Canine or Feline Grooming
Commercial Entertainment
Commercial Entertainment
Commercial Recreation
Commercial Recreation
Conference or Convention Facility
Conference or Convention Facility
Craftsman Shop
Craftsman Shop
Day Care Facility
Day Care Facility
Duplex Dwelling
Duplex Dwelling
Dwelling Unit
Dwelling Unit
Educational Establishment
Educational Establishment
Financial Establishment
Financial Establishment
Health Clinic
Health Clinic
Health Office
Health Office
Home Business
Home Business
Hospice (By-law 2013-124, 5.52)
Hospice (By-law 2013-124, 5.52)
Hotel
Hotel
Lodging House
Lodging House
Medical Laboratory
Medical Laboratory
Multiple Dwelling
Multiple Dwelling
Museum
Museum
Off ice
Off ice
Personal Services
Personal Services
Printing Establishment
Printing Establishment
Private Club or Lodge
Private Club or Lodge
Religious Institution
Religious Institution
Repair Service
Repair Service
Research and Development Establishment
Research and Development Establishment
Residential Care Facility
Residential Care Facility
Restaurant
Restaurant
Retail
Retail
Security or Janitorial Services
Security or Janitorial Services
Scientific, Technological or Communications Establishment
Scientific, Technological or Communications Establishment
Single Detached Dwelling
Single Detached Dwelling
Street Townhouse Dwelling
Street Townhouse Dwelling
Studio
Studio
Existing Section/Regulation I Proposed Amendment
Tourist Home
Veterinary Services
Section 55 — HIGH INTENSITY MIXED USE CORRIDOR
ZONE (MU -3)
55.2 REGULATIONS
NEW REGULATION
Tourist Home
Veterinary Services
Section 55 — HIGH INTENSITY MIXED USE CORRIDOR
ZONE (MU -3)
55.2 REGULATIONS
55.2.7 For Additional Dwelling Unit (Detached)
In accordance with regulations set out in Section 5.22 of
this By-law
55.2.8 For Additional Dwelling Unit (Attached)
One Additional Dwelling Unit (attached) may be permitted
in accordance with regulations set out in Section 5.22.1 of
this By-law.
Two Additional Dwelling Units (Attached) may be
permitted in accordance with regulations set out in
Section 5.22.2 of this By-law
55.2.9 For Lots with Four to Ten Dwelling Units
4 to 10 dwelling units on a lot provided without any non-
residential use except permitted home business uses shall
be permitted in accordance with the regulations in this
Section as applicable and Section 5.33
Appendix C — Special Use Provisions for Specific Lands [1U to 482U]
Exi
Provision
319. Notwithstanding Sections 37.1 and 38.1 of this by- REPEAL
law, within the lands zoned as Residential Three Zone (R-3)
with Special Regulation Provision 1R, Residential Three
Zone (R-3), Residential Three Zone (R-3) with Special
Regulation Provision 194R and 1R, Residential Four Zone
(R-4), and Residential Three Zone (R-3) with Special
Regulation Provision 194R, and described as Lots 4 to 11
inclusive, 20 to 24 inclusive, 28, 29, 37 to 55 inclusive, 70
to 74 inclusive, 76, 81 to 105 inclusive, Part Lots 12 to 19
inclusive, 27, 30 to 36 inclusive, 75, Part of Sydenham
Street Closed, Part of Elgin Street closed, and Part of Head
Street Closed, all according to the Registered Plan 578;
Lots 1 to 7 inclusive, Registered Plan 579; Lots 1 to 72
inclusive, Blocks G, H, and I, Registered Plan 1472; Lots 1
to 9 inclusive and Block 10, Registered Plan 1480; Lots 1 to
8 inclusive, Registered Plan 1488; Lots 1 to 10 inclusive,
Registered Plan 1707; Part Lot 11, Beasley's Survey; part of
Biehn's Tract; and that Part of Biehn's Tract designated as
Parts 1 to 3 inclusive on Plan 58R-2028 and Part 1 on Plan
58R-7525; for the City of Kitchener, Duplex Dwellings and
Additional Dwelling Units (Detached) shall be prohibited,
and each Semi -Detached House shall be limited to one
Amendment
Dwelling Unit.
(Amended: By-law 2021-040, S.29) (Additional Dwelling
Units)
352. Notwithstanding Section 39 of this by-law, within the 352. Notwithstanding Section 39 of this by-law, within the - PE
lands zoned Residential Five Zone (R-5) on Schedule 73 of lands zoned Residential Five Zone (R-5) on Schedule 73 of st
Appendix "A" and described as Part of Lots 406 and 407, Appendix "A" and described as Part of Lots 406 and 407,
Plan 375, as affected by this subsection: Plan 375, as affected by this subsection:
a) A Street Townhouse Dwelling, shall be a permitted use a) A Street Townhouse Dwelling, shall be a permitted use
in accordance with the regulations of Section 40.2.5. in accordance with the regulations of Section 40.2.5.
b) DELETED
b) A Duplex Dwelling shall be prohibited within Street
Townhouse Dwellings.
(By-law 2005-138, S.3) (Cherry Street)
470. Notwithstanding Section 40.1 of this By-law, within
the lands zoned R-6 as shown as affected by this
(By-law 2005-138, S.3) (Cherry Street)
470. Notwithstanding Section 40.1 of this By-law, within
the lands zoned R-6 as shown as affected by this
subsection on Schedule Number 239 of Appendix "A", the subsection on Schedule Number 239 of Appendix "A", the
following uses shall not be permitted:
a) Hospice
b) Lodging House
c) Semi -Detached Duplex Dwelling
d) Street Townhouse Dwelling.
following uses shall not be permitted:
a) Hospice
b) Lodging House
DELETED
d) Street Townhouse Dwelling.
(By-law 2018-124, S.3) (42 Windom Road) (By-law 2018-124, S.3) (42 Windom Road)
PROPOSED BY-LAW
June 5, 2023
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to repeal and replace By-law 2002-164, By-
law 2005-170, By-law 2007-042, and By-law 2012-069 with
one comprehensive By-law to delegate certain Authority
under the Planning Act and Condominium Act).
AND WHEREAS is deemed expedient to repeal By-law 2007-042:
AND WHEREAS is deemed expedient to repeal By-law 2012-069:
AND WHEREAS the Regional Municipality of Waterloo delegated the
authority to approve plans of subdivision and condominiums (under section
51 of the Planning Act) to the City of Kitchener by Regional By-law 97-061,
passed on November 26, 1997, pursuant to section 51.2 of the Planning Act;
AND WHEREAS the Council of the City of Kitchener deemed it
desirable to further delegate said authority to an appointed officer as identified
in the City of Kitchener Bylaw Number 97-185 as amended by By-law
Numbers 98-013 and 99-110, pursuant to section 54.2(4) of the Planning Act;
AND WHEREAS the Minister of Municipal Affairs and Housing,
pursuant to Ontario Regulation 341/100 dated June 13, 2000 and effective
June 15, 2000, delegated to the City of Kitchenerthe authority to give approval
under section 51 of the Planning Act for plans of subdivision and condominium
as identified respectfully and schedules 1 and 2 of said regulation;
AND WHEREAS subsection 39.2(1) of the Planning Act permits
Municipal Council by by-law to delegate to an appointed officer identified in
the by-law either by name or position occupied, the authority to approve
zoning by-law amendments under Section 34 of the said Act that are of a
minor nature provided that an Official Plan specifies the types of by-laws which
may be subject to delegation;
Page 747 of 792
AND WHEREAS the City of Kitchener Official Plan contains policies
specifying the types of minor zoning by-law amendments that may be
delegated pursuant to section 39.2(2) of the Planning Act;
AND WHEREAS section 23.1 of the Municipal Act provides that a
Municipal Council is authorized to delegate its powers and duties under this
or any other Act to a person or body subject to any restrictions set out;
AND WHEREAS section 23.3(1)(5) of the Municipal Act authorizes a
Municipal Council to delegate its powers and duties to pass by-laws provided
under section 39.2 of the Planning Act;
AND WHEREAS the Council of the City of Kitchener deemed it
desirable to further delegate such authority to an appointed officer as identified
in the City of Kitchener By-law Number 2000-132 as amended by By-laws
2001-125 and 2002-63 pursuant to section 51.2(4) of the Planning Act;
AND WHEREAS the Council of the City of Kitchener deemed it
desirable to consolidate By-law 97-185 as amended and By-law 2000-132 as
amended and to delegate authority to sign statements from the Municipality
pursuant to the Condominium Act and Ontario Regulation 48/01 thereunder;
NOW THEREFORE the Council of the City of Kitchener enacts as
follows..
1. In this By-law,
A. "Director" means the Director, Planning in the Development
Services Department of the City of Kitchener, their delegate, or
successor in title.
B. "Council' means the Council of the Corporation of the City of
Kitchener.
C. "Manager" means the Manager, Development Review in the
Development Services Department of the City of Kitchener,
their delegate, or their successor in title.
D. "Planning Act" means the Planning Act, R.S.O 1990, c.P. 13, as
F1=0WQ
E. "Condominium Act" means the Condominium Act, S.O. 1998,
Page 748 of 792
C.19, as amended.
2. All authority of Council to approve plans of subdivision and plans of
condominium under section 51 of the Planning Act and Section 9 of
the Condominium Act which has been delegated to Council by the
Regional Municipality of Waterloo and the Minister of Municipal Affairs
and Housing is hereby further delegated by Council to the Manager,
3. such authority delegated to the Manager, includes, subject only to the
limitation set out in section 4 of this By-law, the authority:
A. to refuse to accept an application for a plan of subdivision or
condominium until the City has received the information and
material required under subsections 51(17) and 51(18) of the
Planning Act and the fee required pursuant to subsections 69
or 69.1 of the Planning Act 'as set out in subsection 51(19) of
the Planning Act; and
B. and to amend any conditions of draft approval imposed
pursuant to subsection 51(25) of the Planning Act, subject to
Section 4 of this By-law, without written notice of such change
if, in the opinion of the Manager, the amendment is minor in
nature.
4. Notwithstanding the foregoing, Council's delegation to the Manager set
out in sections 2 and 3 of this By-law does not extend to situations
where:
A. an application for a plan of subdivision pursuant to section
51(16) is received concurrently with an application for a zoning
by-law amendment on the same lands pursuant to subsection
34(10) of the Planning Act;;
B. a Public Meeting is required by the Planning Act;
C. the Manager is recommending refusal of a draft plan of
subdivision or draft plan of condominium pursuant to subsection
51(31) of the Planning Act;
D. the Manager deems a review by Council necessary or
Page 749 of 792
beneficial, taking into account (without limitation), the following:
i. where there unresolved discrepancies between City
Divisions or Departments;
ii. where there is the potential for a special or unanticipated
financial implication to the City.
5. Council's authority pursuant to subsections 51(58) and (59) is hereby
delegated to the Manager and the approval of a final plan of subdivision
or final plan of condominium for registration pursuant to subsection
51(58) of the Planning Act shall be evidenced by the signature of the
Manager. Council's authority is further delegated to the Manager as
follows:
6. The Manager is hereby authorized:
A. to sign statements from the Municipality pursuant to Sections
52(5) and (6) of Ontario Regulation 48/01, as amended, made
under the Condominium Act, as amended to be added to the
amendment to a declaration, creating a phased condominium
corporation, stating that all facilities and services have
sufficiently been installed and provided to ensure the
independent operation of the condominium corporation if no
subsequent units are created, or that a bond or other security
has been posted that is sufficient to ensure the independent
operation of the corporation if no such subsequent phases are
created; and
B. to sign statements from a Municipality pursuant to sections
586(8)(b) and (9) of Ontario Regulation 48/01, as amended,
made under the Condominium Act, has amended, to be
included in a schedule to a declaration creating a vacant land
condominium plan stating that a bond or other security
acceptable to the city has been posted insufficiently to ensure
that the requirements of Section 56(8)(b)(i)(ii)(iii) of the
regulation are met.
Page 750 of 792
7. In accordance with section 39.2 of the Planning Act, Council hereby
delegates its authority to the Director who is hereby authorized to :
A. pass a zoning by-law amendment which is of minor nature to
remove a Holding "H" symbol.
B. pass a zoning by-law amendment which is of minor nature to
make clerical, technical, administrative and other minor
amendments to the Zoning By-law.
C. determine whether or not an application made in respect of a
zoning by-law amendment is complete; and if determined to be
incomplete, to refuse to accept it and return it to the applicant,
detailing the outstanding information required.
D. determine whether or not the requirements of a Holding
Provision have been met at the time of considering a zoning by-
law amendment to remove the Holding Provision.
E. determine whether or not an application for a zoning by-law
amendment is required to be referred to Council for the purpose
of holding a public meeting, in accordance with the following
considerations,
i. Certain holding symbols may require a statutory public
meeting as part of conditions for their removal.
ii. If written comments are received from the public within
the prescribed time period following the mailing of notice
of application, a public meeting may be required.
iii. If the Director has determined that the zoning by-law
amendment is not consistent with Provincial policy or
does not conform with the Official Plan policy, a public
meeting shall be held in accordance with the
requirements of section 34 of the Planning Act, and it
shall be referred to Council for decision and the
delegated authority with respect to that particular
application is hereby revoked.
Page 751 of 792
8. This By-law shall become effective only if Official Plan Amendment No.
(Implementation of Bill 13, Bill 109, and Bill 23) comes into effect,
pursuant to Section 24(2) of The Planning Act, R.S.O. 1990, c. P.13,
as amended.
9. By-law 2005-170, By-law 2007-042, and By-law 2012-069 shall be
repealed on the date that this By-law comes into effect.
PASSED at the Council Chambers in the City of Kitchener this day
of , A.D. 2023.
Mayor
Clerk
Page 752 of 792
PROPOSED BY-LAW
June 5, 2023
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to repeal and replace Chapter 683 of The City
of Kitchener Municipal Code with respect to Site Plan Control).
WHEREAS is deemed expedient to repeal By-law 2007-041, as
amended by By-law 2012-070;
AND WHEREAS it is deemed expedient to amend Chapter 683 of the City of
Kitchener Municipal Code;
NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts
as follows:
1. Chapter 683 of the Municipal Code is replaced with the following:
"PROPERTY MAINTENANCE
Chapter 683
SITE PLAN CONTROL
Article 1
DESIGNATION- AREA
683.1.1 All lands - within City boundaries - exceptions
683.1.2 Development - defined
683.1.3 Site plan approval - all development - exception
Article 2
AUTHORITY- DELEGATION
Page 753 of 792
683.2.1 Appointed officers —approval — plans - drawings
683.2.2 Mayor — Clerk - to execute agreements
Article 3
ENFORCEMENT
683.3.1 Fine - for contravention
Article 4
PLANS AND DRAWINGS
683.4.1 Approval of plans or drawings
683.4.2 Maintenance - facilities — works - condition of approval
WHEREAS subsections 41 ( 2) and (3) of the Planning Act, provide that where an area
is shown or described in the City's Official Plan as a proposed site plan control area, City
Council may, by by-law, designate the whole or any part of such area as a site plan control
area and by reference to one or more land use designations contained in a zoning by-
law;
AND WHEREAS Kitchener' s Official Plan, has established a proposed site plan control
area which encompasses all of the lands within the boundaries of the City and is
applicable to all land use designations with certain exclusions therein and hereinafter set
out;
AND WHEREAS it is deemed expedient to designate the whole of the City as a site plan
control area subject to the said exclusions.
Article 1
DESIGNATION- AREA
Page 754 of 792
683.1.1 All lands- within city boundaries- exceptions
All of the lands encompassed within the boundaries of The Corporation of the City of
Kitchener are hereby designated as a Site Plan Control Area for all development,
excluding:
a) farm operations, farm buildings and the residence of the farm operator on
agriculturally zoned land;
b) any building or structure that is not "development", as defined in Section 41
of the Planning Act; and
C) Notwithstanding the foregoing, a Site Plan Control Area may include
development where there are 10 dwelling units or less, where Site Plan
Control is permitted by the Planning Act.
683.1.2 Development- defined
In this Chapter "development" shall mean "development", as defined in Section 41 of the
Planning Act.
683.1.3 Site plan approval- all development- exception
Any person owning land within the boundaries of The Corporation of the City of Kitchener,
except for those lands or land use designations as described in Sections 683.1.1 of this
Chapter, shall apply for and obtain site plan approval prior to the development of such
land.
Article 2
AUTHORITY- DELEGATION
683.2.1 Appointed officers- approval- plans- drawings
The Manager, Development Review, the Manager Customer Experience and Project
Management, or the City's Director, Planning or in their absence the Manager, Policy and
Research, are hereby delegated as being the appointed officers of the City to exercise
City Council's powers or authority under section 41 of the Planning to approve plans and
drawings, to impose conditions and to require agreements.
Page 755 of 792
683.2.2 Mayor- Clerk- to execute agreements
The Mayor and Clerk are authorized to execute all agreements required as a result of the
exercise of authority delegated to appointed officers with respect to Site Plan Control.
Article 3
ENFORCEMENT
683.3.1 Fine- for contravention
Every person who contravenes section 41 of the Planning Act and any provision of this
Chapter, and, if the person is a corporation, every director or officer of the corporation
who knowingly concurs in the contravention, is guilty of an offence and on conviction is
liable to fines and/or penalties outlined in Section 67 of the Planning Act.
Article 4
PLANS AND DRAWINGS
683.4.1 Approval of plans or drawings
No person shall undertake any development on land located in the Site Plan Control Area
unless an Appointed officer, or a Provincial Land Tribunal, has approved the plans and
drawings to be submitted to the City pursuant to subsections (4) and (5) of Section 41 of
the Planning Act.
683. 4. 2 Maintenance- facilities- works- condition of approval
As a condition of approval of the plans and/ or drawings referred to in subsections (4) and
(5) of section 41 of the Planning Act, the City may require the owner of the lands to:
a) provide and maintain, to the satisfaction of and at no expense or risk to the
City, the facilities, works or matters set out in Section 41(7) of the Planning
Act;
b) enter into one or more agreements with respect to the provision and
maintenance of such facilities, works or matters; and
Page 756 of 792
c) enter into one or more agreements to ensure that development proceeds in
accordance with the approved plans and drawings as required by
subsections (4) and (5) of section 41 of the Planning Act."
2. By-law 2007-041, as amended by By-law 2012-070 is hereby repealed
on the date that this By-law comes into effect.
PASSED at the Council Chambers in the City of Kitchener this day
of , A.D. 2023.
Mayor
Clerk
Page 757 of 792
PROPOSED BY-LAW
June 5, 2023
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to amend Chapter 620 of The City of
Kitchener Municipal Code with respect to Demolition Control).
WHEREAS it is deemed expedient to amend Chapter 620 of the City of Kitchener
Municipal Code as adopted by By-law 2013-093;
NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts
as follows:
1. Section 620.1.7 is amended by replacing "Community Services" with
"Development Services"
2. Section 620.1.8 is amended by replacing "Community Services" with
"Development Services"
3. Section 620.2.3 is amended by adding "and RES -1 through RES -5 as defined in
the City of Kitchener Zoning By-law 2019-051" after the phrase "Zoning By-law
85-1 ".
PASSED at the Council Chambers in the City of Kitchener this day
of , A.D. 2023.
Mayor
Clerk
Page 758 of 792
1
POLICY APPLIES TO THE FOLLOWING:
❑ All Employees
❑
POLICY
Policy No: MUN-PLA-1095
Policy Title:
Public Participation in the
Approval Date: Click here to enter a
❑
Planning Process
date.
Non Union
Policy Type:
COUNCIL
Reviewed Date: June 2023
Temporary
❑x
Next Review Date: June 2028
Category:
Municipal Services
❑
I.B.E.W.636
❑
Reviewed Date: Jick here to enter text.
Sub -Category:
Planning
❑
Specified Positions only:
❑
Other:
Last Amended: October 24, 2011
Author:
Director, Planning
Local Boards & Advisory Committees
Replaces: Click here to enter text.
Dept/Div: Development
Services/Planning
Repealed: Click here to enter a date.
Replaced by: Click here to enter text.
Related Policies, Procedures and/or Guidelines:
City of Kitchener Official Plan
Planning Act
POLICY PURPOSE:
The purpose of this policy is to confirm the approach to public consultation for
planning applications including notice requirements and engagement formats.
2. DEFINITIONS:
Proponent -initiated applications are applications under the Planning Act in which
an external party has submitted for a particular parcel or parcels of land.
3. SCOPE:
5
1 of
Page 759 of 792
POLICY APPLIES TO THE FOLLOWING:
❑ All Employees
❑
All Full -Time Employees
❑
All Union
❑x
Management
❑
C.U.P.E. 68 Civic
❑
Non Union
❑
C.U.P.E. 68 Mechanics
❑
Temporary
❑x
C.U.P.E. 791
❑
Student
❑
I.B.E.W.636
❑
Part -Time Employees
❑
K.P.F.F.A.
❑
Specified Positions only:
❑
Other:
❑
Council
❑
Local Boards & Advisory Committees
1 of
Page 759 of 792
Policy No: 1- 1095
Policy Title: Public Participation in the Planning Process
This policy will be applied by staff in the Planning Division.
4. POLICY CONTENT:
Proponent -Initiated Applications
1. That in respect to proponent -initiated Official Plan Amendments, Zoning By-law
Amendments, Plans of Subdivision, and Vacant Land Condominiums the following will
be considered:
a. Notification of the receipt of a complete application, as required by Sections 34,
22, and 51 of the Planning Act, R.S.O. 1990, Chapter P.13, as amended, will be
undertaken by means of mailing a postcard generally explaining the nature of the
proposal, with a link to the City's Development Applications webpage/mapping
tool. Every effort will be made to use "plain language" and graphics in the design
of the postcard to enable the public to easily understand the proposal that is to be
considered. The extent of the circulation mail -out will be in accordance with the
requirements of the Ontario Regulation applicable to the development application
type, or to all property owners and residents within 240 metres of the subject lands,
whichever is greater. A copy of the postcard will also be forwarded to the
appropriate neighbourhood association and the Ward Councillor. A minimum of
21 calendar days will be provided for a response to the initial postcard.
b. Circulation will not be required in circumstances where, in the opinion of the
Director of Planning, in consultation with the Ward Councillor, the circulation is
seen to have little purpose or benefit.
c. The proponent will be required to post a City -issued billboard sign along each
frontage of the lands subject to the development application, in a clearly visible
location. Each sign is to note a summary of the application details and provide a
contact number for a City staff member who can provide more information
regarding the application. Notice signs are to be erected concurrently with the
mailing of the initial postcard. Planning staff is to verify that sign installation has
taken place and must ensure that signs remain posted until after the expiry of any
applicable appeal period, or in the case of an appeal, after a final decision is issued
by a Provincial tribunal.
d. A notice will be placed in a newspaper, which has sufficient general information,
when an application is received, when a Neighbourhood Meeting is scheduled,
and at least 10 days prior to the statutory public meeting which provides
information on the application(s), the address of the property, and the date of the
statutory public meeting, along with a website link for more detailed information
regarding the meeting. A map showing the location of the property is provided if
there is not a municipal address.
e. The reports being presented to Committee and Council for the statutory public
meeting are posted on the City's website at the same time as the agenda for said
meeting is posted.
2 of
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Page 760 of 792
Policy No: 1- 1095
Policy Title: Public Participation in the Planning Process
Common Elements Condominium and Lifting Holding Provisions (Zoning By-law
Amendment) Applications
f. A newspaper notice is the only notification required for a Common Elements
Condominium application and an application to remove/lift a holding provision
(Zoning By-law Amendment).
City -Initiated Applications
2. Official Plan Amendments and Zoning By-law Amendments initiated by the City will be
processed in accordance with Section 21 and 34 of the Planning Act.
a. Circulation will be undertaken for all City -initiated Official Plan and Zoning By-law
Amendments which are site specific and affect only a small defined area of land.
b. Circulation is not required for City -initiated Official Plan and Zoning By-law
Amendments if they are city-wide amendments.
c. A notice will be placed in the newspaper at least 10 calendar days prior to the
statutory public meeting and any associated reports will be posted on the City's
Planning Applications webpage for all City initiated Official Plan and Zoning By-
law Amendments.
d. City -initiated Official Plan and Zoning By-law Amendments will be exempt from
signage requirements except in circumstances where the subject lands are a size
and configuration where a sign would be practical.
e. Minor Zoning By-law Amendments which fall under delegated approval will be
exempt from notice requirements.
Neighbourhood Meetings
3. Neighbourhood Meetings are recognized as an effective and integral part of the
planning process, and the Planning Division is authorized to arrange Neighbourhood
Meetings, when deemed necessary, in consultation with the Ward Councillor.
a. The meetings will be facilitated by City staff in accordance with the Planning
Division's procedure manual for Neighbourhood Meetings.
b. A digital Neighbourhood Meeting will be held for all proponent -initiated
development applications for Official Plan Amendment, Zoning By-law
Amendment, Plan of Subdivision and Plan of Vacant Land Condominium and
notice will be provided with a postcard to all property owners and residents with
240 metres of the subject lands at least 14 days in advance. Additional in-person
engagements may be scheduled at the discretion of the City's Director of Planning
in consultation with the Ward Councillor and the General Manager of Development
Services.
Statutory Public Meetings
4. Where issues are raised during the initial circulation period or at a Neighbourhood
Meeting, staff of the Planning Division will attempt to resolve those issues in advance
of the Statutory Public Meeting or any meeting being held by the Planning & Strategic
Initiatives Committee or Council.
3 of
5
Page 761 of 792
61
5
Policy No: 1- 1095
Policy Title: Public Participation in the Planning Process
5. Staff reports pertaining to Official Plan Amendments, Zoning By-law Amendments,
Plans of Subdivision and Vacant Land or Common Elements Condominiums must be
finalized in advance of giving notice for a Statutory Public Meeting regarding the
application.
6. A postcard with information pertaining to the staff report and statutory public meeting
for Official Plan Amendments, Zoning By-law Amendment, Plans of Subdivision and
Vacant Land Condominiums will be mailed to all persons who noted a desire to receive
further information in their written response to the preliminary circulation, and who
provided their contact information and requested to be notified, and to all property
owners and residents with 240 metres of the subject lands. Staff will ensure the
postcard is mailed at least 10 days in advance of the statutory public meeting.
7. If more than one year has lapsed since the initial circulation of the application and the
statutory public meeting, the circulation list will be updated with updated property
owner information.
8. Notice of a Statutory Public Meeting will be provided, at minimum, in accordance with
the applicable Ontario Regulations in effect at the time of the processing of the
application, and Official Plan Policies providing for Alternative Notice Requirements.
Internet -Based Tools
9. Planning staff will work with Communications staff to consider opportunities to utilize
social media, websites, web -based applications, and other online tools, where
appropriate, to assist with providing information to residents about new applications,
Neighbourhood Meetings and statutory public meetings.
10. A copy of all materials received as part of a complete application will be posted publicly
on the City's Development Applications webpage/mapping tool.
11. The City's Development Applications webpage/mapping tool will be routinely updated
with updated information on all active development applications, including dates of
engagements and statutory public meetings.
12. Digital neighborhood meetings will be primarily utilized for the first engagement on
proponent -initiated applications to reduce barriers to participation, ensure sufficient
staff resourcing to deliver a meeting for most applications within the prescribed
timeframes, and to deliver an initial engagement with the public early in the
development review process.
HISTORY OF POLICY CHANGES
Administrative Updates
2001-12-01 - Minor updates
2016-06-01 - 1-1095 policy templated re -formatted to new numbering system and given
number MUN-PLA-1095
Formal Amendments
2005-06-20 - Per Council/CLT directive.
2005-10-24 - Per Council/CLT directive.
4 of
Page 762 of 792
Policy No: 1- 1095
Policy Title: Public Participation in the Planning Process
2011-10-24 - Per Council/CLT directive.
5 of
5
Page 763 of 792
1. POLICY PURPOSE:
To establish a policy to encourage development of new affordable rental housing
units through the timing of City development charge payments.
2. DEFINITIONS:
Affordable rental housing for the purpose of this Policy, means housing
constructed or provided for rental purposes, and that rent for the units are set at
or below 80 percent of average market rent of a unit in the regional market area.
Not -For -Profit Corporation means a corporation, no part of the income of which
is payable to, or otherwise available for, the personal benefit of a member or
shareholder thereof.
Proponent means the Not -For -Profit Corporation requesting incentives under
this policy, and either owns the subject property, or manages and operates the
affordable rental housing units.
1 of 4
Page 764 of 792
KA R
POLICY
Policy No: FIN -GRA -2006
Policy Title:
DEVELOPMENT CHARGES
Approval Date: May 15, 2015
PAYMENT FOR AFFORDABLE
RENTAL HOUSING
Next Review Date: May 2022
Policy Type:
COUNCIL
Reviewed Date:
Amended:
Category: Finance
Sub -Category:
Grants, Rebates & Incentives
Replaces:
Author:
Planning Analyst
Repealed:
Dept/Div:
Community Services Department,
Replaced by:
Planning Division
Related Policies, Procedures and/or Guidelines:
City of Kitchener Development Charges By-law.
1. POLICY PURPOSE:
To establish a policy to encourage development of new affordable rental housing
units through the timing of City development charge payments.
2. DEFINITIONS:
Affordable rental housing for the purpose of this Policy, means housing
constructed or provided for rental purposes, and that rent for the units are set at
or below 80 percent of average market rent of a unit in the regional market area.
Not -For -Profit Corporation means a corporation, no part of the income of which
is payable to, or otherwise available for, the personal benefit of a member or
shareholder thereof.
Proponent means the Not -For -Profit Corporation requesting incentives under
this policy, and either owns the subject property, or manages and operates the
affordable rental housing units.
1 of 4
Page 764 of 792
Policy No: FIN -GRA -2006
Policy Title: DEVELOPMENT CHARGES PAYMENT MILESTONE FOR
AFFORDABLE HOUSING
3. SCOPE:
This Policy applies to all staff that collect and manage development charge
payments through the development process.
4. POLICY CONTENT:
4.1 Eligibility Criteria
In order to be eligible for this Policy, the following criteria must be met:
a) The proponent must meet the definition for Not -For -Profit Corporation;
b) Eligible projects may include a development where affordable rental
housing units are managed and operated by a Not -For -Profit Corporation.
A minimum of 20 percent of the residential units in the development shall
be affordable rental housing units.
c) The subject property is located within 450 metres of an Existing or
Planned Transit Corridor as identified on `Map 2 Urban Structure' in the
Official Plan.
d) The subject property shall not be in a position of tax arrears.
e) The proponent and/or property owner(s) have not defaulted on any other
Agreement under this Policy.
4.2 Timing of Development Charge Payments for Affordable Rental Housing
a. This Policy applies to the City portion of Development Charges only.
2 of 4
Page 765 of 792
POLICY APPLIES TO THE FOLLOWING:
❑x
All Employees
❑
All Full -Time Employees
❑
All Union
❑
Management
❑
C.U.P.E. 68 Civic
❑
Non Union
❑
C.U.P.E. 68 Mechanics
❑
Temporary
❑
C.U.P.E. 791
❑
Student
❑
I.B.E.W.636
❑
Part -Time Employees
❑
K.P.F.F.A.
❑
Specified Positions only:
❑
Other:
❑x
Council
❑
Local Boards & Advisory Committees
This Policy applies to all staff that collect and manage development charge
payments through the development process.
4. POLICY CONTENT:
4.1 Eligibility Criteria
In order to be eligible for this Policy, the following criteria must be met:
a) The proponent must meet the definition for Not -For -Profit Corporation;
b) Eligible projects may include a development where affordable rental
housing units are managed and operated by a Not -For -Profit Corporation.
A minimum of 20 percent of the residential units in the development shall
be affordable rental housing units.
c) The subject property is located within 450 metres of an Existing or
Planned Transit Corridor as identified on `Map 2 Urban Structure' in the
Official Plan.
d) The subject property shall not be in a position of tax arrears.
e) The proponent and/or property owner(s) have not defaulted on any other
Agreement under this Policy.
4.2 Timing of Development Charge Payments for Affordable Rental Housing
a. This Policy applies to the City portion of Development Charges only.
2 of 4
Page 765 of 792
Policy No: FIN -GRA -2006
Policy Title: DEVELOPMENT CHARGES PAYMENT MILESTONE FOR
AFFORDABLE HOUSING
b. Despite the City of Kitchener Development Charges By-law, eligible
affordable rental housing providers may request to pay the City portion of
Development Charges prior to occupancy, rather than at the issuance of a
Building Permit subject to the terms of this Policy.
c. Proponent to submit a completed request form in the prescribed format to
the Chief Building Official, prior to the Building Permit Application, to
change the milestone at which the City's Development Charges fee is
payable.
d. The City will not charge a fee to process the request.
e. Request reviewed by City staff to confirm criteria within this Policy are
met, and proponent advised of the result. Should there be any issues or
conflicts between the completed request form and the criteria within this
policy, final determination will be made by the Chief Building Official in
consultation with the City Solicitor and any other affected business units.
f. If approved, an Agreement must be prepared and executed prior to the
issuance of a Building Permit. The agreement will include that:
i. The amount payable will be the development charge rate in effect
at the time of Building Permit issuance;
ii. Payment will be made prior to requesting the first occupancy only
inspection of the building; and,
iii. Other clauses as deemed necessary by the City Solicitor.
g. The Mayor and City Clerk are authorized to sign the Agreement.
h. The Agreement will be executed once it has been signed by the land
owner(s).
i. In the event that payment is not made at the prescribed milestone, the
outstanding payment will be added to the related property tax roll. Interest
will be charged as per the rates outlined in Council Policy 1-518
Collections — Property Taxes.
4.3 Effective Date
a) This Policy comes into effect on July 1, 2017.
b) This Policy will be reviewed no later than 5 years after the effective date.
3of4
Page 766 of 792
Policy No: FIN -GRA -2006
Policy Title: DEVELOPMENT CHARGES PAYMENT MILESTONE FOR
AFFORDABLE HOUSING
5. HISTORY OF POLICY CHANGES
Administrative Updates
No administrative history to date.
Formal Amendments
No amendment history to date.
4of4
Page 767 of 792
1
M
Ki_TJNPolicy
POLICY
Policy No: FIN -PLA -2031
Title:
AFFORDABLE HOUSING
Approval Date: April 11, 2022
DEVELOPMENT CHARGES
WAIVER POLICY
Reviewed Date: April 2022
Policy Type:
COUNCIL
Next Review Date: April 2027
Category:
Finance
Amended: Click here to enter a date.
Sub -Category: Financial Planning
Author:
Ryan Hagey, Director of
Replaces: Click here to enter text.
Financial Planning & Reporting
Repealed: Click here to enter a date.
Dept/Div.
Financial Services Department
Replaced by: Click here to enter text.
/Financial Planning &
Reporting
Related Policies, Procedures and/or Guidelines:
Development Charges Act &Related Regulations
POLICY PURPOSE:
The primary purpose of this policy is to help incent or remove barriers related to
the development of non-profit housing development. The policy does this by
establishing the parameters by which a waiver for development charges (DCs)
would be provided to a qualifying development.
2. DEFINITIONS:
City — City of Kitchener.
DC/DCA — Development Charges/Development Charges Act.
Non -Profit Housing Development — is defined by O. Reg. 454/19, s. 3 (1) and means
development of a building or structure intended for use as residential premises by,
(a) a corporation to which the Not -for -Profit Corporations Act, 2010 applies,
that is in good standing under that Act and whose primary object is to provide
housing;
1 of 3
Page 768 of 792
Policy No: FIN -PLA -2031
Policy Title: AFFORDABLE HOUSING DEVELOPMENT CHARGES WAIVER
(b) a corporation without share capital to which the Canada Not-for-profit
Corporations Act applies, that is in good standing under that Act and whose
primary object is to provide housing; or
(c) a non-profit housing co-operative that is in good standing under the Co-
operative Corporations Act.
3. SCOPE:
POLICY APPLIES TO THE FOLLOWING:
❑x All
Employees
❑Management
❑Permanent Full -Time Employees
❑Permanent Full -Time Non Union
❑Permanent Full -Time C.U.P.E. 791
❑Temporary
❑Part -Time Non -Union
❑Student
❑Permanent Full -Time Union
❑Continuous Part -Time Employees
❑Part -Time Employees
❑Continuous Part -Time Non -Union
❑Continuous Part -Time Union
❑Council
❑Local Boards & Advisory Committees
❑Specified Positions Only:
This policy applies to external customers who meet the definition of non-profit housing
development included in this policy. The DC waivers mentioned in this policy do not apply
to for-profit housing development.
4. POLICY CONTENT:
The City's DC waiver policy provides the specifics of the City's policy without
reiterating most aspects of the DCA itself. The City's policy is meant to be
interpreted in accordance and in conjunction with the DCA and the Municipal Act.
1. Policy Application
a) DC waivers will be available to non-profit housing development units that
have not received significant financial considerations (where the
considerations are larger than the amount of the DC waiver) from the City,
for other site development costs, whether in-kind or cash (e.g. capital
grants, outstanding loans, donations of property either by title transfer or
long term leases at rates below market value). This will extend the benefit
of limited City resources to more developments.
b) The amount of the waiver will be equal to 100% of the City portion of DCs
payable, as long as funds are available in the Affordable Housing reserve
fund.
2of3
Page 769 of 792
Policy No: FIN -PLA -2031
Policy Title: AFFORDABLE HOUSING DEVELOPMENT CHARGES WAIVER
c) DC waivers will be funded at the point of occupancy which is when the first
instalment of DCs is to be made for non-profit housing developments under
current Provincial legislation. This will result in a transfer from the
Affordable Housing reserve fund to the Development Charges reserve fund.
d) If any part of a development to which this policy applies is changed so that
it no longer consists of a non-profit housing development within 20 years of
initial occupancy, the waived development charge of the entire development
is payable immediately.
e) For developments that are a mixture of for-profit and non-profit housing,
DC waivers will be available to non-profit housing development units
where the non-profit housing provider is a partner in the project at the time
of occupancy. The non-profit housing provider would need to have a
signed agreement with the for-profit developer that clearly outlines the
terms of the agreement and that those units would meet the Provincial
definition and will be owned by the not-for-profit for a duration of at least
20 years.
2. Retroactivity
a) Upon approval by Council, this policy shall take effect retroactive to January
1, 2020. Any qualifying developments from this timeframe will have their
DCs waived (if they haven't paid) or refunded (if they have already paid).
5. HISTORY OF POLICY CHANGES
Administrative Updates
Formal Amendments
3 of 3
Page 770 of 792
Tanya Roberts
From: Lingard, Norman <norman.lingard@bell.ca>
Sent: Tuesday, April 11, 2023 10:22 AM
To: Tanya Roberts
Subject: Implementation of Bill 13, 23 & 109 (City -initiated OPA/ZBA)
Follow Up Flag: Follow up
Flag Status: Flagged
II You don't often get email from norman.lingard@bell.ca. Learn why this is important
Good morning Tanya,
Thank you for circulating Bell Canada on the City of Kitchener's Draft Zoning By-law and Official Plan
Amendment. Bell appreciates the opportunity to engage in infrastructure and policy initiatives across Ontario.
While we do not have any specific comments or concerns pertaining to this initiative at this time, we would ask
that Bell continue to be circulated on any future materials and/or decisions related to this matter.
Please forward all future documents to circulations(a)wsp.com and should you have any questions, please
contact the undersigned.
Have a great day.
Yours truly,
Norm Lingard
Senior Consultant — Municipal Liaison
Network Provisioning
norman.lingard(cD-bell.ca I W 365.440.7617
Please note that WSP operates Bell Canada's development, infrastructure and policy tracking systems, which
includes the intake and processing of municipal circulations. However, all responses to circulations and
requests for information will come directly from Bell Canada, and not from WSP. WSP is not responsible for the
provision of comments or other responses.
This email message, and any attachments, may contain information or material that is confidential, privileged and/or subject to copyright or other
rights. Any unauthorized viewing, disclosure, retransmission, dissemination or other use of or reliance on this message, or anything contained
therein, is strictly prohibited and may be unlawful. If you believe you may have received this message in error, kindly inform the sender by return
email and delete this message from your system
Page 771 of 792
Tanya Roberts
From: Katie Wood
Sent: Tuesday, April 11, 2023 11:44 AM
To: Tanya Roberts
Subject: FW: Circulation for Comment - Implementation of Bill 13, 23 & 109 (City -initiated OPA/ZBA)
Attachments: Notice to agencies letter - City initiated OPAs ZBAs FIN.pdf; Proposed Official Plan Amendments.pdf;
Proposed Zoning Amendments Chart.pdf; Neighbourhood Information Meeting Recording.pdf;
Zoning By-law 85-1 - Proposed Amendments (Bill 23).pdf
I have no concerns.
Sincerely,
'rka- e Wood, C.E.T
Project Manager) Development Engineering I City of Kitchener
519-741-2200 ext. 7135 1 TTY 1-866-969-9994 1 katie.wood 0kitchener.ca
' _1051111.
r �_6_ �
From: Ellen Straus <EIIen.Straus@kitchener.ca>
Sent: Tuesday, April 4, 2023 11:07 AM
To: Christine Goulet <Christine.Goulet@kitchener.ca>; Eric Riek <Eric.Riek@kitchener.ca>; Jason Brule
<Jason.Brule@kitchener.ca>; Katie Wood <Katie.Wood@kitchener.ca>; Niall Melanson <Niall.Melanson@kitchener.ca>;
Nolan Beatty <Nolan.Beatty@kitchener.ca>
Cc: Carlos Reyes <Carlos.Reyes@kitchener.ca>
Subject: FW: Circulation for Comment - Implementation of Bill 13, 23 & 109 (City -initiated OPA/ZBA)
Hi all,
Since this is regarding implementation of the new bills as well as By-law amendments I thought I would send to
everyone
Thanks,
Ellen
Ellen Kayes
Program Assistant I Development Engineering - Engineering I City of Kitchener
(519) 741-2200 ext. 74111 TTY 1-866-969-9994 1 ellen.straus@kitchener.ca
I
f.4 - rube
Further to this e-mail, we are proposing amendments to both By-laws. Attached are the proposed amendments to
Zoning By-law 85-1.
Page 772 of 792
Kind regards,
Tanya Roberts, MA
Project Manager (Planning) I Planning Division I City of Kitchener
(519) 741-2200 ext. 7704 1 TTY 1-866-969-9994 1 tanya.roberts@kitchener.ca
y,
ase the projects
lakes you love.
a vrninations are
® -- now open for Kitchener's
Great Places awards.
From: Christine Kompter<Christine.Kompter@kitchener.ca>
Sent: Monday, April 3, 2023 4:43 PM
To: _DL_#_DSD_Planning <DSD-PlanningDivision@kitchener.ca>; Bell - c/o WSP <circulations@wsp.com>; Carlos Reyes
<Carlos.Reyes@kitchener.ca>; Darren Kropf <Darren.Kropf@kitchener.ca>; Dave Seller <Dave.Seller@kitchener.ca>;
David Heuchert <Dave.Heuchert@kitchener.ca>; David Paetz <David.Paetz@kitchener.ca>; Ellen Straus
<EIIen.Straus@kitchener.ca>; Enova Power Corp. - Greig Cameron <greig.cameron@enovapower.com>; Enova Power
Corp. - Shaun Wang <shaun.wang@enovapower.com>; Feds <vped@feds.ca>; GRCA - Planning
(planning@grandriver.ca) <planning@grandriver.ca>; Hydro One - Dennis DeRango <landuseplanning@hydroone.com>;
Jim Edmondson <Jim.Edmondson@kitchener.ca>; Justin Readman <Justin.Readman@kitchener.ca>; Katherine Hughes
<Katherine.Hughes@kitchener.ca>; Mike Seiling <Mike.Seiline@kitchener.ca>; Ontario Power Generation
<Executivevp.lawanddevelopment@ope.com>; Park Planning (SM) <Park.Planning@kitchener.ca>; Region - Planning
<PlannineApplications@reeionofwaterloo.ca>; Property Data Administrator (SM) <PropDataAdmin@kitchener.ca>;
Robert Morgan <Robert.Morgan@kitchener.ca>; Steven Ryder <Steven.Ryder@kitchener.ca>; Sylvie Eastman
<Sylvie.Eastman@kitchener.ca>; Tom Ruggle <Tom.Ruggle@kitchener.ca>; WCDSB - Planning <planning@wcdsb.ca>;
WRDSB - Board Secretary (elaine burns@wrdsb.ca) <elaine burns@wrdsb.ca>; WRDSB - Planning
<planning@wrdsb.ca>
Cc: Tanya Roberts <Tanya.Roberts @kitchener.ca>
Subject: Circulation for Comment - Implementation of Bill 13, 23 & 109 (City -initiated OPA/ZBA)
Please see attached. Questions or comments should be directed to Tanya Roberts, Project Manager
(tanya.roberts@kitchener.ca; 519-741-2200 x7704).
Christine Kompter
Administrative Assistant I Planning Division I City of Kitchener
200 King Street West, 6t" Floor I P.O. Box 1118 Kitchener ON N2G 4G7
519-741-2200 ext. 7425 1 TTY 1-866-969-9994 christine.kompter@kitchener.ca
04016a0000a0
Page 773 of 792
ase the projects
laces you love,
orninationF. are
T,f now open for Kitchener'&
Great Places awards.
Page 774 of 792
City of Kitchener
Zone Change / Official Plan Amendment Comment Form
Address: City Wide
Owner: City of Kitchener
Application: Zoning By-law Amendment ZBA23/004/K/TR; Official Plan Amendment
OPA23/001/K/TR; Amendments to Zoning By law 85-1
Comments Of: Parks and Cemeteries
Commenter's Name: Lenore Ross
Email: Lenore. ross@kitchener.ca
Phone: 519-741-2200 ext 7427
Date of Comments: April 13 2023
❑ I plan to attend the meeting (questions/concerns/comments for discussion)
0 No meeting to be held
❑ I do NOT plan to attend the meeting (no concerns)
1. Documents Reviewed:
1. Proposed revisions to OP policies
2. Proposed revisions to Zoning By-law 2019-051
3. Proposed revisions to Zoning By-law 85-1
2. Comments on Submitted Documents
The following comments should be addressed at this time.
1) Proposed revisions to OP policies
a) Revise text throughout to have consistent capitalization of "Urban Design", Urban Design
Manual", "Urban Design Brief', "Urban Design Report", "Urban Design Scorecard" etc...
b) Page 4 11.C.1.32 — is additional clarification required to indicate who will prepare the UD
Brief/Report...? E.g. as in 11.C.1.6 "may be required of an owner/applicant in support of a
development application"
c) Page 7 17.E.10.2 — add in word " An owner/applicant will be required to participate in a Pre -
Submission Consultation Meeting prior to the submission of an application for a Plan of
Subdivision, a Plan of Vacant Land Condominium, an Official Plan Amendment, a Zoning By-
law Amendment and/or a Site Plan. A Pre -Submission Consultation Meeting may be required
for a Consent Application if other information and materials are needed to inform the
application. A Pre -Submission Consultation Meeting will include an electronic or in-person
meeting to consult on the development proposal, and may include collaborative components
such as a visioning workshop, design charette, and site walk."
d) Page 9 17.E.12.7 — is it intentional to have an exhaustive list of types of permitted technical
amendments? Or should there be a clause like: Technical and administrative revisions
"including but not limited to": ?
e) Page 12 Part F UD Scorecard definition - "An Urban Cesign `scorecard may be required instead
of an Urban Design Report or Urban Design Brief
A City for Everyone
Working Together — Growing Thoughtfully — Building Community
Pauu-
3 of 792
City of Kitchener
Zone Change / Official Plan Amendment Comment Form
f) Page 13 Part F section 3 Environmental - Arborist Report including ISA Valuation of trees
2) Proposed revisions to Zoning By-law 2019-051
a) Page 5, 4.12.4b) —So ... there will be a minimum 20% front yard landscaped area in addition
to the minimum 20% overall landscaped area for those RES zones where the 4-10 unit multi -
residential dwellings will be permitted? Will a standard sketch submission illustrating this be
a useful part of an ZOC for these types of development?
3) Proposed revisions to Zoning By-law 85-1
a) No comments
A City for Everyone
Working Together — Growing Thoughtfully — Building Community
Paauu-
g-_-2_Pf9 of 792
Tanya Roberts
From:
Gaurang Khandelwal
Sent:
Monday, May 15, 2023 3:39 PM
To:
Darren Kropf; Barry Cronkite
Cc:
Katie Anderl; Tanya Roberts
Subject:
RE: Circulation for Comment - Implementation of Bill 13, 23 & 109 (City -initiated OPA/ZBA)
Thanks for confirming Darren!
Gaurang Khandelwal (he/him), MA, MCIP, RPP
Planner (Policy) I Planning Division I City of Kitchener
519-741-2200 x 7611 1 TTY 1-866-969-9994 1 gaurang. khandelwalp_kitchener.ca
From: Darren Kropf <Darren.Kropf @kitchener.ca>
Sent: Monday, May 15, 2023 3:29 PM
To: Gaurang Khandelwal <Gaurang.Khandelwal@kitchener.ca>; Barry Cronkite <Barry.Cronkite@kitchener.ca>
Cc: Katie Anderl <Katie.Anderl@kitchener.ca>; Tanya Roberts <Tanya.Roberts@kitchener.ca>
Subject: RE: Circulation for Comment - Implementation of Bill 13, 23 & 109 (City -initiated OPA/ZBA)
Yes, we can accept that.
Darren Kropf
Manager, Active Transportation and Development
519-741-2200 ext. 7314
Subscribe to the Bike Kitchener newsletter for the latest news on cycling and trails in Kitchener
From: Gaurang Khandelwal <Gaurang.Khandelwal@kitchener.ca>
Sent: Monday, May 15, 2023 3:12 PM
To: Darren Kropf <Darren.Kropf@kitchener.ca>; Barry Cronkite <Barry.Cronkite@kitchener.ca>
Cc: Katie Anderl <Katie.Anderl@kitchener.ca>; Tanya Roberts <Tanya.Roberts@kitchener.ca>
Subject: RE: Circulation for Comment - Implementation of Bill 13, 23 & 109 (City -initiated OPA/ZBA)
Thanks Darren,
To confirm our understanding and that we are on the same page, transportation services is:
• supportive of a minimum driveway width of 3m; and,
• does not have concerns if the driveway was 2.6m wide but clear on either side?
Regards,
Gaurang Khandelwal (he/him), MA, MCIP, RPP
Page 777 of 792
Planner (Policy) I Planning Division I City of Kitchener
519-741-2200 x 7611 1 TTY 1-866-969-9994 1 gaurang. khandelwala-kitchener.ca
C•ZoZfI�7v7o7Z�Ze:
From: Darren Kropf <Darren.Kropf @kitchener.ca>
Sent: Monday, May 15, 2023 11:45 AM
To: Gaurang Khandelwal <Gaurane.Khandelwal@kitchener.ca>; Barry Cronkite <Barrv.Cronkite@kitchener.ca>
Cc: Katie Anderl <Katie.Anderl@kitchener.ca>; Tanya Roberts <Tanya.Roberts@kitchener.ca>
Subject: RE: Circulation for Comment - Implementation of Bill 13, 23 & 109 (City -initiated OPA/ZBA)
Thanks Guarang. We are supportive of a 3m driveway width.
Darren Kropf
Manager, Active Transportation and Development
519-741-2200 ext. 7314
Subscribe to the Bike Kitchener newsletter for the latest news on cycling and trails in Kitchener
From: Gaurang Khandelwal <Gaurane.Khandelwal@kitchener.ca>
Sent: Friday, May 12, 2023 11:42 AM
To: Barry Cronkite < Barry. Cron kite@kitchener.ca>; Darren Kropf <Darren.Kropf @kitchener.ca>
Cc: Katie Anderl <Katie.Anderl@kitchener.ca>; Tanya Roberts <Tanya.Roberts@kitchener.ca>
Subject: RE: Circulation for Comment - Implementation of Bill 13, 23 & 109 (City -initiated OPA/ZBA)
Hi Barry and Darren,
Thank you for providing your perspective and concerns regarding this.
We are supportive of parking lot/spaces created to be appropriately accessible and are considering to update the
regulation to 3.0 meters (from current proposed 2.6 m) so that it is consistent with the building setbacks for cluster
townhouses and multiple dwellings, and addresses concerns when there is building/encroachments on either side of the
driveway. Let us know if Transportation is supportive of this change.
We also wanted to highlight the difference in how'driveway' and 'drive aisle' are currently defined in our two ZBLs.
ZBL 2019-051
- Driveway — means a vehicle route that provides access from a street or lane to a drive aisle, parking
space, or parking lot.
- Drive Aisle — means an internal vehicle route immediately adjacent to parking spaces and/or loading
spaces, which provides direct vehicular access to and from parking spaces and/or loading spaces, but
shall not include a driveway.
ZBL 85-1
- "Driveway' means a private road giving access from a public street to a building or parking space.
- Drive aisle is not defined in ZBL 85-1
Page 778 of 792
You would see from above that in ZBL 2019-051, a "driveway' provides access to a drive aisle, parking space or parking
lot, and that a "drive aisle" is immediately adjacent to parking spaces. In contrast, a "driveway" as defined by ZBL 85-1
would be that providing access to a building or parking space (parking lot not mentioned in the definition here). Drive
aisle is not defined in ZBL 85-1. One of our proposed amendments through this work is to update the "driveway'
definition in ZBL 85-1 to how it is defined in ZBL 2019-051. This would help address the confusion around the definition
of a driveway vs a drive aisle and bring consistency between the two By-laws.
Regards,
Gaurang Khandelwal (he/him), MA, MCIP, RPP
Planner (Policy) I Planning Division I City of Kitchener
519-741-2200 x 7611 1 TTY 1-866-969-9994 1 gaurang. khandelwalp_kitchener.ca
•�a 600moo
From: Barry Cronkite < Barry. Cron kite@kitchener.ca>
Sent: Thursday, May 11, 2023 9:32 AM
To: Katie Anderl <Katie.Anderl@kitchener.ca>; Darren Kropf < Darren. Kropf @kitchener.ca>; Tanya Roberts
<I'anya.Roberts@kitchener.ca>; Gaurang Khandelwal <Gaurang.Khandelwal@kitchener.ca>
Subject: RE: Circulation for Comment - Implementation of Bill 13, 23 & 109 (City -initiated OPA/ZBA)
I think that the definition of a driveway vs drive aisle might be what's confusing here. What we're discussing is a drive
aisle to a parking lot, (accessing spaces in the rear) not a driveway... which is really what my concern is. By definition, "a
driveway shall be located so as to lead directly from a street or lane to a required parking space, either within a garage
or outside" if it's a typical driveway, no issue ... but this is at least partly why we never used the driveway definition to
access parking lots in the rear of buildings. That is then considered a drive aisle.
If we're talking about a driveway, that's fine. But I think that we can't misinterpret a driveway with a drive aisle. A
driveway does not provide access to a parking area/lot but rather a parking space.
There isn't a concern when the 2.6m is clear on either side, but as soon as there is a building/encroachments like
meters, plantings, etc ... it will be much too narrow to access a parking lot. The minimum one way lane width for a drive
aisle for parking in the UDM is 3.7m. the absolute lowest number that I can reference is 3.04m for a one way ramp
width.
Again, the concern is that we want to make sure that any parking that is created actually remains accessible.
From: Katie Anderl <Katie.Anderl@kitchener.ca>
Sent: Thursday, May 11, 2023 9:09 AM
To: Darren Kropf <Darren.Kropf@kitchener.ca>; Tanya Roberts <Tanya.Roberts@kitchener.ca>; Gaurang Khandelwal
<Gaurane.Khandelwal@kitchener.ca>
Cc: Barry Cronkite < Barry. Cron kite@kitchener.ca>
Subject: RE: Circulation for Comment - Implementation of Bill 13, 23 & 109 (City -initiated OPA/ZBA)
Hi Darren,
Page 779 of 792
The minimum width for a driveway of 2.6 was established in the old by-law (85-1) — and would have generally applied to
a driveway associated with a single, duplex or semi where we wouldn't have had site plan control. However, the
driveway could lead to spaces behind a dwelling — and in that case the building would be required to be setback 3.0
m. Our approach was to maintain consistency with current standards, and to apply this as a minimum for the 4-10 unit
dwelling type. Where there is site plan control — technically the 2.6 is the minimum, but we would likely have deferred
to transportation and the design standards to review the driveway/parking lot design.
Let me know if you wish to discuss further,
Katie
From: Darren Kropf <Darren.Kropf @kitchener.ca>
Sent: Wednesday, May 10, 2023 3:45 PM
To: Tanya Roberts <Tanya.Roberts@kitchener.ca>; Gaurang Khandelwal <Gaurane.Khandelwal@kitchener.ca>
Cc: Katie Anderl <Katie.Anderl@kitchener.ca>; Barry Cronkite <Barry.Cronkite@kitchener.ca>
Subject: RE: Circulation for Comment - Implementation of Bill 13, 23 & 109 (City -initiated OPA/ZBA)
Hi all,
Yes, we support item #1 below. Thanks for addressing our earlier comments on that item.
For item #2, you'll recall in our last conversation that I requested 3 m for driveways and Planning suggested that in the
past it has been 2.6 m for a typical driveway. Are you able to explain where that is already in effect? To Barry's
knowledge (who has been doing this a lot longer than me!), we have always asked for 3.0 m for driveways and we would
like to stay consistent with that.
I know you're running up against some deadlines so feel free to call Barry directly on this one if you need a final decision
asap.
Thanks
Darren Kropf
Manager, Active Transportation and Development
519-741-2200 ext. 7314
Subscribe to the Bike Kitchener newsletter for the latest news on cycling and trails in Kitchener
From: Tanya Roberts <Tanya.Roberts@kitchener.ca>
Sent: Monday, May 8, 2023 3:07 PM
To: Gaurang Khandelwal <Gaurang.Khandelwal@kitchener.ca>; Darren Kropf <Darren.Kropf@kitchener.ca>
Cc: Katie Anderl <Katie.Anderl@kitchener.ca>
Subject: RE: Circulation for Comment - Implementation of Bill 13, 23 & 109 (City -initiated OPA/ZBA)
Importance: High
Hi Darren, further to Gaurang's message and following our conversation, Katie has also adjusted the OPA to reflect
transportations comments.
Can you please send us a follow-up e-mail to let us know that you support the changes we are proposing and/or let us
know if you have any remaining concerns.
The report is being reviewed now by managers, so ideally if you could let us know by no later than Thursday May 11, that
would be much appreciated!
Page 780 of 792
Kind regards,
Tanya Roberts, MA
Project Manager (Planning) I Planning Division I City of Kitchener
(519) 741-2200 ext. 7704 1 TTY 1-866-969-9994 1 tanya.roberts@kitchener.ca
1 - El; - Lf
From: Gaurang Khandelwal <Gaurane.Khandelwal@kitchener.ca>
Sent: Monday, May 8, 2023 3:00 PM
To: Darren Kropf <Darren.Kropf@kitchener.ca>
Cc: Tanya Roberts <Tanya.Roberts@kitchener.ca>
Subject: RE: Circulation for Comment - Implementation of Bill 13, 23 & 109 (City -initiated OPA/ZBA)
Importance: High
Hi Darren,
Thank you for meeting with us to discuss Transportation Services concerns with the proposed changes in regards to
Implementation of Bill 13, 23 & 109. We have taken the comments into consideration and made minor updates to the
proposed changes to the Zoning By-laws (attached for reference). In relation to the couple of outstanding comments
from the trailing email, we not the following:
1. The word "required" from the proposed 'parking lot' definition is now removed and 'and a minimum of one
drive aisle' is added. The updated proposed parking lot definition is:
"Parking Lot — means an area located on a lot which contains four or more parking spaces and a minimum of one
drive aisle."
2. The minimum driveway width of 2.6 metres will be applicable where there are four to ten units on a lot which
do not require site plan approval and does not apply to any development which requires site plan approval
pursuant to Section 41 of the Planning Act (this includes if development has non-residential uses). The building
setbacks for multiple dwellings and cluster towns (3 or 4.5 metres) would still apply which should be able to
address the concern regarding the driveway width of 2.6 m being tight in case where there is hard wall on one
side of the driveway.
We would appreciate if you could let us know if Transportation Services supports or have any concerns with these
changes, at your earliest convenience.
Regards,
Gaurang Khandelwal (he/him), MA, MCIP, RPP
Planner (Policy) I Planning Division I City of Kitchener
519-741-2200 x 7611 1 TTY 1-866-969-9994 1 gaurang. khandelwala-kitchener.ca
Page 781 of 792
From: Darren Kropf <Darren.Kropf@kitchener.ca>
Sent: Thursday, April 13, 2023 4:27 PM
To: Tanya Roberts <Tanya.Roberts@kitchener.ca>
Cc: Steven Ryder <Steven.Ryder@kitchener.ca>; Dave Seller <Dave.Seller@kitchener.ca>; Barry Cronkite
<Barry.Cronkite@kitchener.ca>
Subject: RE: Circulation for Comment - Implementation of Bill 13, 23 & 109 (City -initiated OPA/ZBA)
Hi Tanya,
Thanks for the opportunity to comment. Transportation offers these comments:
Official Plan
• 4.C.1.24 — "up to one parking space may be required."
o please explain how this will work. Is it enforceable if we use soft language like "may'? We are generally
in support of the intent to provide us flexibility in requiring a parking spot if needed but want to know if
this language is sufficient
11.C.1.31. "The City will ensure new buildings are designed, existing buildings are redeveloped, expanded,
converted or renovated to enhance pedestrian usability, respects and reinforce human scale, create attractive
streetscapes that are accessible, safe and have a functional relationship to the street, and contribute to rich and
vibrant urban places."
o We suggest adding cycling as well. le "to enhance pedestrian and cycling usability..." There may be some
cases where a street already has or is expected to have cycling facilities and the buildings should
complement that function as well as the pedestrian function
Part F Schedule B
o We suggest changing "Connectivity Plan" to "Active Transportation Connectivity Plan" so it can include
pedestrian circulation and cycling circulation (most likely to be at a subdivision level but may apply to
larger multi -building developments)
o We suggest changing it to "Truck Turning Movement Plan"
o We support the additions of the other documents highlighted
Zoning
• Parking Lot Definition
o We do not support the addition of the word "required" to the definition. Even if the development
includes more parking spaces than zoning requires, it still functions as a parking lot and needs to
function according to parking lot requirements
• Table 5-3 allowing up to 3 tandem parking spaces
o We support this revision
• Parking located 6 m from a street line
o Can Planning clarify if the street line is the right of way or the edge of the road? My concern would be
about parked cars overhanging sidewalks which need to remain clear
• Driveway widths
o We do not support a driveway width of 2.6 m as it will be too narrow for vehicles to pass through. The
width should be 3 m
• Where a parking lot is not under site plan control
o The setback of the parking lot of 1.5 m from any lot line might impact driveway visibility triangles. We'd
like to work with Planning to review this more closely and determine if we need a clause on visibility
triangles as well
Page 782 of 792
o We support the minimum drive aisle of 6 m to the parking lot
• Drive aisle widths of 6 m
o Can planning clarify if this will apply just to residential or also commercial and institutional? We support
6 m for residential but have concerns for commercial or institutional as those will include more
frequent, larger vehicles and visitors who will not be familiar with the tight operating spaces of the site.
We suggest 7.3 m drive aisles for non-residential uses
Darren Kropf
Manager, Active Transportation and Development
519-741-2200 ext. 7314
Subscribe to the Bike Kitchener newsletter for the latest news on cycling and trails in Kitchener
From: Tanya Roberts <Tanya.Roberts@kitchener.ca>
Sent: Tuesday, April 4, 2023 9:57 AM
To: Christine Kompter<Christine.Kompter@kitchener.ca>; _DL _#_DSD_Planning <DSD-PlanningDivision@kitchener.ca>;
Bell - c/o WSP <circulations@wsp.com>; Carlos Reyes <Carlos.Reyes@kitchener.ca>; Darren Kropf
<Darren.Kropf @kitchener.ca>; Dave Seller <Dave.SelIer@kitchener.ca>; David Heuchert
<Dave.Heuchert@kitchener.ca>; David Paetz <David.Paetz@kitchener.ca>; Ellen Straus <EIIen.Straus@kitchener.ca>;
Enova Power Corp. - Greig Cameron <greig.cameron@enovapower.com>; Enova Power Corp. - Shaun Wang
<shaun.wang@enovapower.com>; Feds <vped@feds.ca>; GRCA - Planning (planning@grandriver.ca)
<planning@grandriver.ca>; Hydro One - Dennis DeRango <landuseplanning@hydroone.com>; Jim Edmondson
<Jim.Edmondson@kitchener.ca>; Justin Readman <Justin.Readman@kitchener.ca>; Katherine Hughes
<Katherine.Hughes@kitchener.ca>; Mike Seiling <Mike.Seiling@kitchener.ca>; Ontario Power Generation
<Executivevp.lawanddevelopment@opg.com>; Park Planning (SM) <Park.Planning@kitchener.ca>; Region - Planning
<PlanningApplications@regionofwaterloo.ca>; Property Data Administrator (SM) <PropDataAdmin@kitchener.ca>;
Robert Morgan <Robert.Morgan@kitchener.ca>; Steven Ryder <Steven.Ryder@kitchener.ca>; Sylvie Eastman
<Sylvie.Eastman@kitchener.ca>; Tom Ruggle <Tom.Rueele@kitchener.ca>; WCDSB - Planning <plannine@wcdsb.ca>;
WRDSB - Board Secretary (elaine burns@wrdsb.ca) <elaine burns@wrdsb.ca>; WRDSB - Planning
<plannine@wrdsb.ca>
Cc: Garett Stevenson <Garett.Stevenson@kitchener.ca>
Subject: RE: Circulation for Comment - Implementation of Bill 13, 23 & 109 (City -initiated OPA/ZBA)
Further to this e-mail, we are proposing amendments to both By-laws. Attached are the proposed amendments to
Zoning By-law 85-1.
Kind regards,
Tanya Roberts, MA
Project Manager (Planning) I Planning Division I City of Kitchener
(519) 741-2200 ext. 7704 1 TTY 1-866-969-9994 1 tanya.roberts@kitchener.ca
0 0 0 G
ase the projedts
laC es you love.
ominations are
- now open for Kitchener's
Great Places awards.
Page 783 of 792
From: Christine Kompter<Christine.Kompter@kitchener.ca>
Sent: Monday, April 3, 2023 4:43 PM
To: _DL_#_DSD_Planning <DSD-PlanningDivision@kitchener.ca>; Bell - c/o WSP <circulations@wsp.com>; Carlos Reyes
<Carlos.Reyes@kitchener.ca>; Darren Kropf <Darren.Kropf@kitchener.ca>; Dave Seller <Dave.Seller@kitchener.ca>;
David Heuchert <Dave.Heuchert@kitchener.ca>; David Paetz <David.Paetz@kitchener.ca>; Ellen Straus
<EIIen.Straus@kitchener.ca>; Enova Power Corp. - Greig Cameron <greig.cameron@enovapower.com>; Enova Power
Corp. - Shaun Wang <shaun.wang@enovapower.com>; Feds <vped@feds.ca>; GRCA - Planning
(planning@grandriver.ca) <planning@grandriver.ca>; Hydro One - Dennis DeRango <landuseplanning@hydroone.com>;
Jim Edmondson <Jim.Edmondson@kitchener.ca>; Justin Readman <Justin.Readman@kitchener.ca>; Katherine Hughes
<Katherine.Hughes@kitchener.ca>; Mike Seiling <Mike.Seiling@kitchener.ca>; Ontario Power Generation
<Executivevp.lawanddevelopment@ope.com>; Park Planning (SM) <Park.Planning@kitchener.ca>; Region - Planning
<PlannineApplications@reeionofwaterloo.ca>; Property Data Administrator (SM) <PropDataAdmin@kitchener.ca>;
Robert Morgan <Robert.Morgan@kitchener.ca>; Steven Ryder <Steven.Ryder@kitchener.ca>; Sylvie Eastman
<Sylvie.Eastman@kitchener.ca>; Tom Ruggle <Tom.Rueele@kitchener.ca>; WCDSB - Planning <plannine@wcdsb.ca>;
WRDSB - Board Secretary (elaine burns@wrdsb.ca) <elaine burns@wrdsb.ca>; WRDSB - Planning
<planning@wrdsb.ca>
Cc: Tanya Roberts <Tanya.Roberts@kitchener.ca>
Subject: Circulation for Comment - Implementation of Bill 13, 23 & 109 (City -initiated OPA/ZBA)
Please see attached. Questions or comments should be directed to Tanya Roberts, Project Manager
(tanya.roberts@kitchener.ca; 519-741-2200 x7704).
Christine Kompter
Administrative Assistant I Planning Division I City of Kitchener
200 King Street West, 6t" Floor I P.O. Box 1118 Kitchener ON N2G 4G7
519-741-2200 ext. 7425 1 TTY 1-866-969-9994 christine.kompter@kitchener.ca
60o'kOV60000
ase the projects
,�. laces you love,
rllinatiom. are
nnw open for Kitchener's
Great places awards -
Page 784 of 792
Tanya Roberts
From: Jennifer Passy <Jennifer.Passy@wcdsb.ca>
Sent: Thursday, April 27, 2023 7:42 AM
To: Tanya Roberts
Cc: Jordan Neale
Subject: Re: Circulation for Comment - Implementation of Bill 13, 23 & 109 (City -initiated OPA/ZBA)
You don't often get email from jennifer.passy@wcdsb.ca. Learn why this is important
Tanya,
Thank you for the opportunity to review the proposed amendments to the City's zoning by-law and official plan to
respond to Bills 23, 13 and 109.
The WCDSB doesn't have few specific concerns about the proposed amendments. We respect that the City is obligated
to modify their planning policies to implement the aforementioned Bills. However, the increasing uncertainty with
regard to the number of new dwelling units in existing and future residential buildings, is expected to create a challenge
for the board's projection of student accommodation needs. We look forward to working with City staff to explore how
we can work together to support information sharing on the creation of additional dwelling units.
Beyond the proposed amendments, and considering the consultation on the draft Provincial Planning Statement which
is ongoing, we would encourage the city to consider how current policy documents will respond to the language which
promotes further consideration of schools as part of "complete communities" and promotes innovative approaches in
the design of schools, including schools located in high rise developments.
In particular, the City's OP and zoning regimes provide very little flexibility with respect to the location of school sites
and imposes onerous processes to obtain land use approvals for otherwise critical community infrastructure.
There are notable inconsistencies in the approach to schools a key infrastructure / public service facilities throughout
the region, and we would welcome the opportunity to explore added flexibility with City staff which would expand the
designations and zones where schools may permitted — de facto, which is consistent with the interpretation elsewhere
in the region.
Thank you for considering these comments.
Jennifer
Sent from my Bell Samsung device over Canada's largest network.
From: Tanya Roberts <Tanya.Roberts@kitchener.ca>
Sent: Thursday, April 13, 2023 4:41:14 PM
To: Jennifer Passy <Jennifer.Passy@wcdsb.ca>
Cc: Jordan Neale <Jordan.Neale@wcdsb.ca>
Subject: RE: Circulation for Comment - Implementation of Bill 13, 23 & 109 (City -initiated OPA/ZBA)
Caution - External Email - This Message comes from an external organization. Do NOT click on unrecognized links or
provide your username and/or password.
Page 785 of 792
Hi Jennifer,
That is understandable. Upon first review, we don't see any significant impacts to the changes we are proposing. I am
meeting with the team early next week to discuss the updates to the legislation and will let you know what we decide
re: changes to the report and deadlines for review/comments.
Kind regards,
Tanya
From: Jennifer Passy <Jennifer.Passy@wcdsb.ca>
Sent: Thursday, April 13, 2023 12:01 PM
To: Tanya Roberts <Tanya.Roberts@kitchener.ca>
Cc: Jordan Neale <Jordan.Neale@wcdsb.ca>
Subject: FW: Circulation for Comment - Implementation of Bill 13, 23 & 109 (City -initiated OPA/ZBA)
You don't often get email from iennifer.passy@wcdsb.ca. Learn why this is important
Tanya,
I am writing to find out how the Province's posting of the consultation on the Provincial Planning Statement may impact
this circulation and the review currently underway? We have limited capacity to review and comment on this matter by
the April 17th deadline, and if there are changes or likely delays in this initiative as a result of the ERO posting it would be
helpful to know.
Thank you for any insight you can share,
Jennifer
Jennifer Passy, BES, MCIP, RPP
Manager of Planning
Waterloo Catholic District School Board
Phone: 519-578-3677, ext. 2253
Cell: 519-501-5285
0��t Waterloo Catholic
District School Board
From: Tanya Roberts <Tanya.Roberts @kitchener.ca>
Sent: Tuesday, April 4, 2023 9:57 AM
To: Christine Kompter<Christine.Kompter@kitchener.ca>; _DL _#_DSD_Planning <DSD-PlanningDivision@kitchener.ca>;
Bell - c/o WSP <circulations@wsp.com>; Carlos Reyes <Carlos.Reyes@kitchener.ca>; Darren Kropf
<Darren.Kropf@kitchener.ca>; Dave Seller <Dave.SelIer@kitchener.ca>; David Heuchert
<Dave.Heuchert@kitchener.ca>; David Paetz <David.Paetz@kitchener.ca>; Ellen Straus <EIIen.Straus@kitchener.ca>;
Enova Power Corp. - Greig Cameron <greig.cameron@enovapower.com>; Enova Power Corp. - Shaun Wang
<shaun.wang@enovapower.com>; Feds <vped@feds.ca>; GRCA - Planning (planning@grandriver.ca)
Page 786 of 792
<planning@grandriver.ca>; Hydro One - Dennis DeRango <landuseplanning@hydroone.com>; Jim Edmondson
<Jim.Edmondson@kitchener.ca>; Justin Readman <Justin.Readman@kitchener.ca>; Katherine Hughes
<Katherine.Hughes@kitchener.ca>; Mike Seiling <Mike.Seiling@kitchener.ca>; Ontario Power Generation
<Executivevp.lawanddevelopment@opg.com>; Park Planning (SM) <Park.Planning@kitchener.ca>; Region - Planning
<PlanningApplications@regionofwaterloo.ca>; Property Data Administrator (SM) <PropDataAdmin@kitchener.ca>;
Robert Morgan <Robert.Morgan@kitchener.ca>; Steven Ryder <Steven.Ryder@kitchener.ca>; Sylvie Eastman
<Sylvie.Eastman@kitchener.ca>; Tom Ruggle <Tom.Ruggle@kitchener.ca>; Planning <planning@wcdsb.ca>; WRDSB -
Board Secretary (elaine burns@wrdsb.ca) <elaine burns@wrdsb.ca>; WRDSB - Planning <planning@wrdsb.ca>
Cc: Garett Stevenson <Garett.Stevenson@kitchener.ca>
Subject: RE: Circulation for Comment - Implementation of Bill 13, 23 & 109 (City -initiated OPA/ZBA)
Caution - External Email - This Message comes from an external organization. Do NOT click on unrecognized links or
provide your username and/or password.
Further to this e-mail, we are proposing amendments to both By-laws. Attached are the proposed amendments to
Zoning By-law 85-1.
Kind regards,
Tanya Roberts, MA
Project Manager (Planning) I Planning Division I City of Kitchener
(519) 741-2200 ext. 7704 1 TTY 1-866-969-9994 1 tanya.roberts@kitchener.ca
000000000
ase the projects
laces you love.
GREAT PLACES ominations are
-- now open for Kitchener's
AWARDS 2M JGreat Places awards.
From: Christine Kompter<Christine.Kompter@kitchener.ca>
Sent: Monday, April 3, 2023 4:43 PM
To: _DL_#_DSD_Planning <DSD-PlanningDivision@kitchener.ca>; Bell - c/o WSP <circulations@wsp.com>; Carlos Reyes
<Carlos.Reyes@kitchener.ca>; Darren Kropf <Darren.Kropf@kitchener.ca>; Dave Seller <Dave.Seller@kitchener.ca>;
David Heuchert <Dave.Heuchert@kitchener.ca>; David Paetz <David.Paetz@kitchener.ca>; Ellen Straus
<EIIen.Straus@kitchener.ca>; Enova Power Corp. - Greig Cameron <greig.cameron@enovapower.com>; Enova Power
Corp. - Shaun Wang <shaun.wang@enovapower.com>; Feds <vped@feds.ca>; GRCA - Planning
(planning@grandriver.ca) <planning@grandriver.ca>; Hydro One - Dennis DeRango <landuseplanning@hydroone.com>;
Jim Edmondson <Jim.Edmondson@kitchener.ca>; Justin Readman <Justin.Readman@kitchener.ca>; Katherine Hughes
<Katherine.Hughes@kitchener.ca>; Mike Seiling <Mike.Seiling@kitchener.ca>; Ontario Power Generation
<Executivevp.lawanddevelopment@opg.com>; Park Planning (SM) <Park.Planning@kitchener.ca>; Region - Planning
<PlanningApplications@regionofwaterloo.ca>; Property Data Administrator (SM) <PropDataAdmin@kitchener.ca>;
Robert Morgan <Robert.Morgan@kitchener.ca>; Steven Ryder <Steven.Ryder@kitchener.ca>; Sylvie Eastman
<Sylvie.Eastman@kitchener.ca>; Tom Ruggle <Tom.Ruggle@kitchener.ca>; WCDSB - Planning <planning@wcdsb.ca>;
WRDSB - Board Secretary (elaine burns@wrdsb.ca) <elaine burns@wrdsb.ca>; WRDSB - Planning
<plannine@wrdsb.ca>
Cc: Tanya Roberts <Tanya.Roberts@kitchener.ca>
Subject: Circulation for Comment - Implementation of Bill 13, 23 & 109 (City -initiated OPA/ZBA)
Page 787 of 792
Please see attached. Questions or comments should be directed to Tanya Roberts, Project Manager
(tanya.roberts@kitchener.ca; 519-741-2200 x7704).
Christine Kompter
Administrative Assistant I Planning Division I City of Kitchener
200 King Street West, 6t" Floor I P.O. Box 1118 Kitchener ON N2G 4G7
519-741-2200 ext. 7425 1 TTY 1-866-969-9994 christine.kompter@kitchener.ca
osaaoom0o
ase the projects
mm -placer, your lore.
7 . ominatiens a,re
now open for Kitchener's
Great Places awards.
Disclaimer - This email and any files transmitted with it are confidential and contain privileged or copyright information.
You must not present this message to another party without gaining permission from the sender. If you are not the
intended recipient you must not copy, distribute or use this email or the information contained in it for any purpose
other than to notify us. If you have received this message in error, please notify the sender immediately, and delete this
email from your system. We do not guarantee that this material is free from viruses or any other defects although due
care has been taken to minimize the risk. Any views expressed in this message are those of the individual sender, except
where the sender specifically states them to be the views of the Waterloo Catholic District School Board.
Page 788 of 792
Tanya Roberts
From: Lauren Agar <lauren_agar@wrdsb.ca>
Sent: Monday, April 17, 2023 11:58 AM
To: Tanya Roberts
Cc: Paul Bloye; Planning
Subject: Re: [Planning] RE: Circulation for Comment - Implementation of Bill 13, 23 & 109 (City -initiated
O PA/Z BA)
You don't often get email from lauren_agar@wrdsb.ca. Learn why this is important
April 17, 2023
Re: Circulation for Comment - Implementation of Bill 13, 23 & 109 (City -initiated OPA/ZBA)
Dear Tanya,
Thank you for circulating these proposed amendments. The Waterloo Region District School Board (WRDSB)
acknowledges that implementing these policy changes results from Provincial decisions, but we want to share
our concerns regarding the proposed amendments.
The approval of Bills 13, 23 & 109 has introduced significant uncertainty in our student yield calculations and
subsequently the integrity of the WRDSB long-range enrolment projections. Student yields from new
development, community trends, demographic shifts, and historic student enrolment are key factors in our
projection modeling process. We cannot assess the impact of these amendments due to a lack of data on the
expected intensification, development pacing, and potential change in family preference for housing type. The
proposed zoning by-law amendments involving additional dwelling units and multiple dwelling units are
particularly difficult to assess because uptake and family preference will factor into how the changes are felt at
the school level. That being said, the allowances to accelerate residential development without additional
funding for school construction projects will continue exacerbating an already difficult situation for the WRDSB.
The Ministry of Education funding model is rigid and lacks mechanisms to allow for needed agility and/or
flexibility. Business case submissions for new capital are only accepted on a Ministry -determined release
schedule. Business case submission and enrolment projections related to new capital projects (e.g. additions
and new builds) are challenged without appeal opportunity. Construction costs and commodity prices have
outpaced funding approval amounts within 1-2 years of approval. Land values have risen, and it is uncertain
whether further increases will follow based on further zoning allowances for Institutional land. Our ability to
react to new growth is constrained. The WRDSB hopes that collaboration between municipal and school board
staff will ease the pressure likely to come for previously unanticipated students entering our region.
Sincerely,
Lauren Agar
Senior Manager of Planning
Page 789 of 792
0
cc: Paul Bloye, Ministry of Education, Director - Capital Programs Branch
On Tue, 4 Apr 2023 at 09:57, Tanya Roberts <Tanya.Roberts@kitchener.ca> wrote:
Further to this e-mail, we are proposing amendments to both By-laws. Attached are the proposed amendments to
Zoning By-law 85-1.
Kind regards,
Tanya Roberts, MA
Project Manager (Planning) I Planning Division I City of Kitchener
(519) 741-2200 ext. 7704 1 TTY 1-866-969-9994 1 tanya.roberts@kitchener.ca
6402000000010
- Wnbse the prajeots
...• � lads you love.
1 - ominations are
w open for Kitchener's
Creat Places awards.
From: Christine Kompter<Christine.Kompter@kitchener.ca>
Sent: Monday, April 3, 2023 4:43 PM
To: _DL_#_DSD_Planning <DSD-PlanningDivision@kitchener.ca>; Bell - c/o WSP <circulations@wsp.com>; Carlos Reyes
<Carlos.Reyes@kitchener.ca>; Darren Kropf <Darren.Kropf@kitchener.ca>; Dave Seller <Dave.Seller@kitchener.ca>;
David Heuchert <Dave.Heuchert@kitchener.ca>; David Paetz <David.Paetz@kitchener.ca>; Ellen Straus
<EIIen.Straus@kitchener.ca>; Enova Power Corp. - Greig Cameron <greig.cameron@enovapower.com>; Enova Power
Corp. - Shaun Wang <shaun.wang@enovapower.com>; Feds <vped@feds.ca>; GRCA - Planning
(planning@grandriver.ca) <planning@grandriver.ca>; Hydro One - Dennis DeRango
<landuseplanning@hydroone.com>; Jim Edmondson <Jim.Edmondson@kitchener.ca>; Justin Readman
<Justin.Readman@kitchener.ca>; Katherine Hughes<Katherine.Hughes@kitchener.ca>; Mike Seiling
<Mike.Seiling@kitchener.ca>; Ontario Power Generation <Executivevp.lawanddevelopment@opg.com>; Park Planning
(SM) <Park.Planning@kitchener.ca>; Region - Planning<PlanningApplications@regionofwaterloo.ca>; Property Data
Administrator (SM) <PropDataAdmin@kitchener.ca>; Robert Morgan <Robert.Morgan@kitchener.ca>; Steven Ryder
<Steven.Ryder@kitchener.ca>; Sylvie Eastman <Sylvie.Eastman@kitchener.ca>; Tom Ruggle
<Tom.Ruggle@kitchener.ca>; WCDSB - Planning <planning@wcdsb.ca>; WRDSB - Board Secretary
(elaine burns@wrdsb.ca) <elaine burns@wrdsb.ca>; WRDSB - Planning <planning@wrdsb.ca>
Page 790 of 792
Cc: Tanya Roberts <Tanya.Roberts@kitchener.ca>
Subject: Circulation for Comment - Implementation of Bill 13, 23 & 109 (City -initiated OPA/ZBA)
Please see attached. Questions or comments should be directed to Tanya Roberts, Project Manager
(tanya.roberts@kitchener.ca; 519-741-2200 x7704).
Christine Kompter
Administrative Assistant I Planning Division I City of Kitchener
200 King Street West, 6t" Floor I P.O. Box 1118 1 Kitchener ON N2G 4G7
519-741-2200 ext. 7425 1 TTY 1-866-969-9994 1 christine.kompter@kitchener.ca
�•ZIlZfly7o7o7 Za771KA
ase the projects
laces you love.
'orninations are
now open for Kitchener's.
Great Places awards.
Page 791 of 792
NOTICE OF PUBLIC MEETING 1
for city-wide amendments to implement changes
by the provincial government related to housing RTcHENER
Have Your Voice Heard!
Planning & Strategic Initiatives Committee
Date: June 19,2023
Location: Council Chambers,
■ ■ Kitchener City Hall
200 King Street West
orVirtual Zoom Meeting
3 Units New
Permitted Zoning Go tokitchener.ca/meetings
Per Lot Regulations and select:
• Current agendas and reports
(posted 10 days before meeting)
• Appear as a delegation
• Watch a meeting
— To learn more about this project, including
information on your appeal rights, visit:
0 www.kitchener.ca/
New Legislated PlanningApplications
Parking Lot Policy or contact:
Regulations Updates Tanya Roberts, Project Manager
tanya.roberts@ kitchener.ca
519.741.2200 x7704
City Planning and Building staff are proposing amendments to the Official Plan, Zoning
by-law, and other policies and bylaws in response to recent changes to provincial legislation:
Bill 13, Supporting People and Businesses Act, 2021
Bill 109, More Homes for Everyone Act, 2022
Bill 23, More Homes Built FasterAct, 2022
These bills are implementing measures to address the proPa9,6d7q) siC)f`c7rs9..2his
meeting will outline the City's proposed amendments and updates in response to these new
provincial directives.