SECTION 1
SECTION 1
A-2015
1.1
Page 1 of 2
- General Scope and Administration
TITLE
This By-law shall be known as the "Zoning By-law" of The Corporation of the City of
Kitchener.
A-2015
1.2
CONFORMITY AND COMPLIANCE WITH BY-LAW
No person shall erect, alter, enlarge or use any building or structure within the city in
whole or in part, nor use any land in whole or in part, except in accordance with the
provisions of this By-law.
A-2015
1.3
COMPLIANCE WITH OTHER LEGISLATION
Nothing in this By-law shall be construed to exempt any person from complying with the
requirements of any other By-law of the City or any other regulation of the Region,
Province, or Federal Government that may otherwise affect the use of land, buildings, or
structures.
A-2015
1.4
APPLICATION
The provisions of this By-law shall apply to all lands in the city, except for those lands
shown on the Zoning Grid Schedules attached as Appendix A hereto with diagonal
hatching and labelled with By-law Number 85-1.
A-2015
1.5
VALIDITY
If any provision of this By-law including anything shown on the Zoning Grid Schedules
of Appendix A is for any reason held to be invalid, it is hereby declared to be the
intention that all the remaining provisions of said By-law shall remain in full force and
effect until repealed, notwithstanding that one or more provisions thereof shall have
been declared to be invalid.
A-2015
1.6
EFFECTIVE DATE
This By-law shall come into effect on the day it was passed.
A-2015
1.7
REPEAL OF EXISTING BY-LAWS
Nothing in the By-law repeals the provisions of By-law Number 85-1 or a predecessor
thereof. This By-law supersedes By-law Number 85-1 or a predecessor thereof where
it applies.
A-2015
1.8
CONTRAVENTIONS
Every person who contravenes any of the provisions of this by-law is guilty of an offense
and on conviction is liable in accordance with the Planning Act.
City of Kitchener First Draft Zoning By–law (November 2016)
Component A (2015) first draft – A-2015
Component B (2016) first draft – B-2016
Previously tabled. No additional changes proposed at this time
Component C (November 2016) first draft
Regulation or definition to be reviewed in future Component
SECTION 1
A-2015
1.9
Page 2 of 2
PENALTIES
Penalties imposed by conviction under this Section shall be recoverable under the
Provincial Offences Act, as amended.
A-2015
1.10
FAILURE TO COMPLY
Where a person fails to comply with the provisions of Sections 4.9 and 4.17.7 of this
by-law, the City may take such actions as necessary to effect compliance with those
provisions at the person's expense, may enter upon land at any reasonable time for
that purpose, and may recover the costs of doing so from the person directed or
required to do it by action or by adding the costs to the tax roll and collecting them in
the same manner as property taxes.
A-2015
1.11
LICENCES AND PERMITS
No person is entitled to a permit, certificate, or license for a proposed use of land or a
proposed alteration, erection, enlargement or use of any building that is in violation of
any provisions of this By-law.
A-2015
1.12
ZONING (OCCUPANCY) CERTIFICATE
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 the issuance of a
Zoning (Occupancy) Certificate Notwithstanding the above, no Zoning (Occupancy)
Certificate shall be required for a single detached dwelling, duplex dwelling, semidetached dwelling, street townhouse dwelling, or private home day care.
A-2015
1.13
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 include:
a)
Correction of numbering, cross-referencing, grammar, punctuation or
typographical errors or revisions to format in a manner that does not change
the intent of a regulation;
b)
Adding or revising technical information on maps or schedules that does not
affect the zoning of lands;
c)
Refinement of the boundary of the Existing Use Floodplain (EUF-1) Zones,
Natural Heritage Conservation (NHC-1) Zones and the Flooding Hazard,
Slope Erosion, Significant Wildlife Habitat and Significant Landforms and
Ecological Restoration Areas Overlays in accordance with Section 2.5.1:
Refinement of Zone Boundaries.
City of Kitchener First Draft Zoning By–law (November 2016)
Component A (2015) first draft – A-2015
Component B (2016) first draft – B-2016
Previously tabled. No additional changes proposed at this time
Component C (November 2016) first draft
Regulation or definition to be reviewed in future Component