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HomeMy WebLinkAboutChapter 620 - Demolition Control PROPERTY MAINTENANCE Chapter 620 DEMOLITION CONTROL Article 1 INTERPRETATION 620.1.1 Approval authority-defined 620.1.2 Building Code Act-defined 620.1.3 Chief Building Official-defined 620.1.4 City-defined 620.1.5 Council-defined 620.1.6 Dwelling unit-defined 620.1.7 Director of Planning-defined 620.1.8 Manager-defined 620.1.9 Planning Act-defined 620.1.10 Residential property-defined 620.1.11 Standard approval conditions-defined Article 2 DEMOLITION CONTROL 620.2.1 Provisions-intended-Planning Act 620.2.2 Provisions-not intended-Planning Act 620.2.3 Area-limited-as set out 620.2.4 Permit-required 620.2.5 Exemptions-set out-demolition permitted 620.2.6 Authority to approve demolition 620.2.7 Application for approval-directed to Council 620.2.8 Redevelopment-approval required-conditions KITCHENER 620.1 JUNE 2013 DEMOLITION CONTROL 620.2.9 Permit issue-redevelopment time limitation-fine 620.2.10 Heritage property of interest-examination Article 3 SEVERABILITY 620.3.1 Validity Article 4 REPEAL 620.4.1 By-law-previous WHEREAS section 33 of the Planning Act,R.S.O. 1990,c.P.13,provides that Council of The Corporation of the City of Kitchener may byby-law des- ignate any area within the City of Kitchener as a demolition control area when a property standards by-law under section 15.1 of the Building Code Pict, 1992, S.O. 1992,c. 23,is in force in the City of Kitchener; AND WHEREAS Chapter 665 (Property Standards) of the City of Kitchener Municipal Code has been enacted and is in force in the City of Kitchener; AND WHEREAS no person shall demolish the whole or any part of any residential property in a demolition control area unless the person has been issued a demolition permit by the Council of The Corporation of the City of Kitchener; AND WHEREAS under subsections 33 (3) and 33 (6) of the Planning Pict,R.S.O. 1990,c.P.13,the Council of The Corporation of the City of Kitchener is the decision-maker in respect of consenting to the demolition of a residential property in an area of demolition control; AND WHEREAS under sections 9 and 10 of the Municipal Pict, 2001, S.O. 2001, c. 25, in accordance with section 23.1 of the Municipal Pict, 2001,the powers of a municipality under that or any other Act maybe del- egated to a person or a body subject to the restrictions set in sections 23.2 to 23.5,inclusive, of the Municipal Pict, 2001; AND WHEREAS it is deemed expedient to exercise the powers conferred by the Municipal Pict, 2001, S.O. 2001,c.25; JUNE 2013 620.2 KITCHENER 620.1.1 DEMOLITION CONTROL 620.1.11 Article 1 INTERPRETATION 620.1.1 Approval authority-defined "approval authority"means Council or Manager,depending on the circum- stance as described in Section 620.2.6. 620.1.2 Building Code Act-defined "Building Code Pict, 1992"means the Building Code Pict, 1992,S.O. 1992, c.23,as amended. 620.1.3 Chief Building Official- defined "Chief Building Official"means the Chief Building Official of the City and shall include a delegate or delegates thereof. 620.1.4 City-defined "City"means The Corporation of the City of Kitchener. 620.1.5 Council-defined "Council"means the Council of The Corporation ofthe City of Kitchener. 620.1.6 Dwelling unit-defined "dwelling unit"means any property that is used or designed for use as a do- mestic establishment in which one or more persons may sleep and prepare and serve meals. 620.1.7 Director of Planning-defined "Director of Planning"means the Director of Planning of the Community Services Department for the City. 620.1.8 Manager-defined "Manager"means the Manager of Development Review of the Community Services Department for the City in the absence or unavailability of said Manager,this term shall mean the City's Director of Planning. 620.1.9 Planning Act-defined "PlanningAct"means the Planning Act,R.S.O.1990,c.P.13,as amended. 620.1.10 Residential property-defined "residential property"means a building that contains one or more dwelling units, but does not include subordinate or accessory buildings the use of which is incidental to the use of the main building. 620.1.11 Standard approval conditions- defined "standard approval conditions"mean those conditions outlined in section 8, as permitted by the Planning Pict. KITCHENER 620.3 JUNE 2013 620.2.1 DEMOLITION CONTROL 620.2.5 Article 2 DEMOLITION CONTROL 620.2.1 Provisions-intended-Planning Act The demolition control provisions contained within section 33 of the Plan- ning Pict are intended to: (a) prevent the premature loss of viable housing stock and the cre- ation of vacant parcels of land; (b) protect the appearance, character, and integrity of residential neighbourhoods and streetscapes where no redevelopment is planned; (c) prevent the premature loss of municipal assessment; (d) retain existing dwelling units until redevelopment plans have been considered and approved;and (e) ensure that redevelopment occurs in a timely manner, where proposed. 620.2.2 Provisions- not intended-Planning Act The demolition control provisions contained within section 33 of the Plan- nindAct,are not intended to: (a) examine the layout or design of a proposed redevelopment of a site that is the subject of a demolition control application since other Planning Pict provisions perform this function;or (b) prohibit or delay demolition where a building permit for rede- velopment is ready to be issued.The approval authority must is- sue approval where a building permit is ready to be issued and may impose the standard approval conditions. 620.2.3 Area-limited-as set out The City's demolition control area shall be limited to lands within zoning classifications R-I through R-6 as defined in the City's Zoning By-law 85-1, as amended,within the City. 620.2.4 Permit- required No person shall demolish the whole or any part of any residential property within the demolition control area specified in Section 620.2.3 unless the person has obtained demolition control approval and a demolition permit issued by the City. 620.2.5 Exemptions-set out-demolition permitted This Chapter shall not apply if: JUNE 2013 620.4 KITCHENER 620.2.6 DEMOLITION CONTROL 620.2.6 (a) the proposed demolition does not result in the loss of any dwell- ing units; (b) the residential property is not a permitted use under the current zoning of the property; (c) the residential property has been found to be unsafe under sec- tion 15.9 of the Building Code Act, 1992(unsafe order)and/or has been found to be an immediate danger to life safety under section 15.10 of the Building Code Pict, 1992 (emergency or- der)and/or has been found to constitute an emergency situation under the Chapter 665 of the City of Kitchener Municipal Code and an emergency order has been issued under section 15.7 of the Building Code Pict, 1992; (d) the proposed demolition is necessary to facilitate environmen- tal remediation of the site and completion of record of site con- dition as specified by a qualified professional; (e) demolition of the residential property is necessary to allow for the construction or establishment of a public work or service ap- proved by the City,the Regional Municipality of Waterloo,or Kitchener-Wilmot Hydro Inc.; (f) the residential property is a mobile home; or (g) the residential property is exempted under any provincial or federal statute or regulation. 620.2.6 Authority to approve demolition Subject to the conditions hereinafter contained, all authority of Council to approve demolition control applications under subsections 33(3)and 33(6) of the Planning Act is delegated to the Manager under the following circum- stances only.In all other cases Council shall have all authority. Delegated authority to the Manager shall include the authority to impose the standard approval conditions under subsection 33 (7)of the Planning Pict at the dis- cretion of the Manager.This authority shall not include the power to refuse a demolition control application. Delegated authority to the Manager shall only apply where the residential property proposed to be demolished is not listed as a non-designated property of cultural heritage value or interest and not designated under the Ontario Heritage Pict and under at least one of the following circumstances: (a) where redevelopment of the residential property to be demol- ished is proposed via the submission of a building permit appli- cation and/or site plan application,if applicable under Chapter 683 of the City of Kitchener Municipal Code,and the applicant KITCHENER 620.5 JUNE 2013 620.2.7 DEMOLITION CONTROL 620.2.9 is in agreement with the imposition of the standard approval conditions; (b) where the residential property is within a draft plan of subdivi- sion for which a pre-servicing agreement has been registered; or (c) in the opinion of the Manager the residential property poses a significant threat to the health,safety,or security of the commu- nity. 620.2.7 Application for approval-directed to Council Notwithstanding Section 620.2.6(a)to Section 620.2.6(c)inclusive,at the discretion of the Manager,any application may be directed to Council for fi- nal decision. 620.2.8 Redevelopment-approval required-conditions In cases where a site plan application has been submitted,if applicable under Chapter 683 of the City of Kitchener Municipal Code,and a building permit has been submitted for the imminent redevelopment of the lands subject to a demolition control application,the approval authority must approve the de- molition control application and may impose the following standard ap- proval conditions.The redevelopment timeframe may be extended beyond two years at the discretion of the approval authority,but shall in no cases be less than two years.The Planning Act outlines the procedure related to such timelines.No other conditions may be imposed: (a) that the owner obtains final site plan approval for the proposed redevelopment,if applicable under Chapter 683 of the City of Kitchener Municipal Code;and (b) that the owner obtains a building permit(s)for the proposed re- development. 620.2.9 Permit issue-redevelopment time limitation-fine Upon satisfaction of Section 620.2.8.(a)and Section 620.2.8(b),the City's Chief Building Official may authorize and issue a demolition permit under subsection 33(6)of the Planning Act.The demolition permit will be subject to the following condition: That in the event that construction of the proposed redevelopment is not substantially complete within two years of the date of issu- ance of the demolition permit,the Clerk may enter on the col- lector's roll,to be collected in like manner as municipal taxes, $20,000 for each dwelling unit contained in the residential properties in respect of which the demolition permit is issued and such sum shall,until payment thereof,be a lien or charge JUNE 2013 620.6 KITCHENER 620.2.10 DEMOLITION CONTROL 620.4.1 upon the land in respect of which the permit to demolish the residential property is issued. 620.2.10 Heritage property of interest- examination In the case of a residential property having cultural heritage value or interest, the approval authority may also request,though not require,that the owner sign an undertaking allowing the members of the City's Heritage Committee and/or the City's Heritage Planning staff the opportunity to enter the residen- tial property to photograph and document the building(s)before demolition occurs. Article 3 SEVERABILITY 620.3.1 Validity It is hereby declared that each and every of the foregoing sections of this Chapter is severable and that,if any provisions of this Chapter should for any reason be declared invalid by any Court, it is the intention and desire of Council that each and every of the then remaining provisions hereof shall re- main in full force and effect. Article 4 REPEAL 620.4.1 By-law-previous By-law 91-324 and the contents of Chapter 620 are hereby repealed.By-law 2013-093,24 June,2013. KITCHENER 620.7 JUNE 2013