HomeMy WebLinkAboutBy-law No. 2008-124 - Amend c.665 - Property StandardsBY-LAW NUMBER OZ ~fl ~ ~~~
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to amend Chapter 665 of The City of
Kitchener Municipal Code with respect to Property Standards
for Maintenance and Occupancy.)
WHEREAS it is deemed expedient to amend Chapter 665 of The City of
Kitchener Municipal Code as adopted by By-law 88-100;
NOW THEREFORE the Council of the Corporation of the City of Kitchener
enacts as follows:
1. Article 1 of Chapter 665 of The City of Kitchener Municipal Code is hereby
amended by adding the following definitions in alphabetical order thereto and
renumbering the sections as required:
"City" shall mean The Corporation of the City of Kitchener unless the context
requires otherwise.
"Council" shall mean the Council of the City.
"heritage attributes" shall include all features of a heritage property that are of
significant cultural heritage value or interest as set out:
(a) in the City of Kitchener's designating by-law or documentation supporting
such by-law for property designated under Part IV of the Ontario Heritage Act;
(b) in a Minister's order made pursuant to Part IV of the Ontario Heritage Act;
(c) in the City of Kitchener's designating by-law or Heritage Conservation District
Study or Plan for property designated under Part V of the Ontario Heritage
Act; or
(d) by Council upon consideration of the recommendation of a Heritage Planner
and any comments that may be provided by the property owner, where the
documents referred to in clauses a, b, and c above do not specifically list the
heritage property's features, attributes, or properties of significant cultural
heritage value or interest.
"Heritage Planner" shall mean the Coordinator, Cultural Heritage Planning or a
Heritage Planner of the City of Kitchener.
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"heritage property" shall mean any property in the City of Kitchener that
(a) has been designated under section 29 or 34.5 of the Ontario Heritage Act; or
(b) is a property of very high cultural heritage value or interest and is situated in a
heritage conservation district designated under Section 41 of the Ontario
Heritage Act.
"Ontario Heritage AcP' shall mean the Ontario Heritage Act, R.S.O. 1990, c.O.18
as amended."
"property of very high cultural heritage value or interest" shall include:
(a) heritage property referred to as a Group 'A' building or structure in either a
heritage conservation district study or plan; and
(b) heritage property located within a heritage conservation district and
determined by Council upon consideration of the recommendation of a
Heritage Planner and any comments that may be provided by the property
owner to be: a particularly fine example of an architectural style, exhibiting
unique qualities or details that make it a landmark, of an age that contributes
to its heritage value, associated with a significant known historic event or
person, or contributing to the streetscape because it is part of an unusual
sequence, grouping, or situated in a unique location.
"vacant heritage property" shall include heritage property that is or appears to be
vacant, partially vacant, or unoccupied for more than ninety (90) days.
2. Article 34 of Chapter 665 of The City of Kitchener Municipal Code is hereby
deleted in its entirety and the following is substituted therefor:
"Section 34.1
All work performed in accordance with the requirements of this Article must
comply with all other relevant by-laws and legislation including the Ontario
Heritage Act. Written consent from Council of the City of Kitchener or its
delegate shall be required before any work impacting the heritage attributes of a
property is performed, even when such work is ordered or required by the
provisions of this by-law.
Section 34.2
Every owner and occupant of vacant heritage property shall, in addition to
complying with the other requirements of this Chapter, maintain and repair the
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heritage property as necessary to protect and prevent deterioration of its heritage
attributes.
Section 34.3
In addition to meeting all other requirements of this Chapter, every owner of
vacant heritage property shall ensure that the following measures are taken with
respect to that building or structure:
(a) that in order to minimize the potential of deterioration of heritage attributes,
the building or structure shall be boarded up to prevent the entrance of
unauthorized persons, damage from natural elements, or the infestation of
pests. The boarding shall comply with the following requirements:
i) all boards used in the boarding shall be installed from the exterior and
shall be properly fitted in a watertight manner to fit within the side jambs,
head jamb and the exterior bottom sill of the door or window so that any
exterior trim remains uncovered by the boarding;
ii) all boards shall be at least 12.7mm (0.5 in.) weatherproofed sheet
plywood secured with nails or screws at least 50 millimetres (2 inches) in
length and spaced not more than 150 millimetres (6 inches) on centre;
iii) all boards shall be painted or otherwise treated so that the colour blends
with the exterior of the building or structure; and
iv) all boards shall be installed and maintained in good repair;
(b) The exterior shall be maintained in order to prevent moisture penetration and
damage from the elements that may have an adverse impact on the heritage
attributes;
(c) appropriate utilities serving the building shall be connected and used to
provide, maintain, and monitor proper heating to facilitate conservation of the
heritage attributes through the prevention of negative effects associated with
freeze-thaw cycles;
(d) appropriate ventilation shall be provided to prevent damage to the heritage
attributes that may be caused by humidity; and
(e) in order to deter vandals and thus protect the building or structure containing
heritage attributes from vandalism or the setting of fires, appropriate security
lighting must be installed and maintained on the exterior of the building or
structure.
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Section 34.4
Where an owner satisfies an Officer that a vacant heritage property is not
intended to remain vacant for a period exceeding six (6) months, the Officer may,
in his/her sole discretion, exempt an owner from complying with any of the
requirements of this Article or allow the owner to take alternative measures for
the protection of the heritage attributes in place of any of the requirements of this
Article.
Section 34.5
Where an Officer has granted an exemption or has approved alternative
measures for compliance with this Article1 such exemption or approval may be
withdrawn at any time upon ten (10) days' notice to the owner if an Officer is of
the opinion that the vacant heritage property is likely to remain vacant for a
longer period than originally anticipated or if, in the sole discretion of an Officer,
the heritage attributes are not being adequately protected by the measures being
taken."
3. Section 665.2.1 of The City of Kitchener Municipal Code is hereby amended by
deleting the words "Article 35" and substituting the words "Article 33" therefor.
4. Section 665.4.3 of The City of Kitchener Municipal Code is hereby amended by
adding the words "Heritage Planner" after the words "Building/Plumbing
Inspector" thereto.
5. Section 665.21.3 of The City of Kitchener Municipal Code is hereby amended by
deleting the words "Article 34 of this Chapter" and substituting the words
"Chapter 694 -Vacant Buildings -Secured" therefor.
6. Section 665.23.5 of The City of Kitchener Municipal Code is hereby amended by
deleting the words "Article 34 of this Chapter" and substituting the words
"Chapter 694 -Vacant Buildings -Secured" therefor.
PASSED at the Council Chambers in the City of Kitchener this ~~ ~~ da
Y
of _ , A.D. 2008.
Mayor
Clerk