Waterloo Demolition Control By-law
New Demolition Control By-law
Council: February 4, 2013 2PM | Report No. DS2012-069
That Council approve DS2012-069 and
A. Executive Summary
- approves the Demolition Control By-law attached as Appendix “A” to Report DS2012-069; and
- rescind the Demolition Control Procedures Policy dated June 23, 1986.
The Ontario Planning Act provides municipalities with the legislative authority to designate any area of the City as a Demolition Control By-law, where there is also a Property Standards and Maintenance By-law in effect. This legislation gives Council some control over the premature demolition of our housing stock and ensures that a replacement development is approved and built within a reasonable time frame.
Based on a review of the current Demolition Control By-law, now over 26 years old, and the high volume of demolition control applications that have been approved by Council since 2010 (47 applications to date), staff is recommending that Council approve a new Demolition Control By-law attached as Appendix ‘A’. Some of the significant changes to the By-law which are intended to improve protection of all residential neighbourhoods and streamline the application review and permit issuance process include:
B. Financial Implications
- Designating the entire City of Waterloo as a Demolition Control Area;
- Delegating authority to issue demolition permits for residential properties to the Chief Building Official. Council will retain the authority to refuse demolition permits and to issue demolition permits for residential properties designatedmunder the Ontario Heritage Act or non-designated on the Municipal Heritage Register;
- Outlining those Development Approvals to be obtained by the applicant prior to the issuance of a Demolition Permit;
- Removing outdated language related to “imprisonment” as a penalty for contravention of the By-law;
- Clarifying those conditions that may be applied to any demolition permit, particularly related to replacement building construction deadlines and applicable fines; and
- Clarifying the permitted exemptions to the By-law.
Staff is proposing that a new internal procedure for processing demolition control applications be implemented. Staff will monitor and evaluate this new procedure, and determine if any adjustments to application fees are needed, as part of our annual fee review cycle.
C. Technology Implications
Staff is not aware of any technology implications with respect to the requested application.
D. Legal Considerations
The City Solicitor has reviewed the By-law in Appendix ‘A’ and has no objections.
E. Link to Strategic Plan
This application supports Pillar #4 ‘Vibrant Neighbourhoods’ of the Strategic Plan by protecting against premature loss of housing stock and long-term vacant residential lots.
F. Other Considerations
By Council supporting the proposed By-law and delegation of authority from Council to the CBO to approve routine demolition permits, there will be efficiencies for Council, staff and the applicant by reducing processing time for applications.
This proposed process will eliminate the need for a report to be prepared by staff and presented at Council. This streamlining should result in reducing that average turnaround time by 3 to 4 weeks.
The proposed By-law is consistent with the objectives of Section 4.7 of the Adopted Official Plan with respect to protecting our built heritage resources. No policy impacts are anticipated as a result of the recommendations of this report.
G. Previous Reports on this Topic
Staff is not aware of any previous reports on this topic.