Zoning By-law 2019-051, Section 1 - General Scope and Administration — full text

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SECTION 1 Page 1 of 2 City of Kitchener Zoning By-law 2019-051 SECTION 1 - General Scope and Administration 1.1 TITLE This By-law shall be known as the "Zoning By-law 2019-051" of the City. 1.2 CONFORMITY AND COMPLIANCE WITH THE BY-LAW No person shall erect, alter, enlarge, or use any land, building, or structure within the city in whole or in part, except as expressly permitted in this By-law. For greater certainty, all uses of land shall be considered to be prohibited uses unless specifically permitted herein. 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 government statute and/or regulation that may otherwise affect the use of land, buildings, or structures. 1.4 APPLICATION The provisions of this By-law shall apply to all lands in the city shown on Appendix A. For greater certainty, land shown on Appendix A with diagonal hatching and labelled with By- law Number 85-1, By-law Number 4830, or By-law Number 878A is included for convenience of reference only and does not form part of this By-law. 1.5 VALIDITY If any portion of this By-law 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to be the intention that all the remaining provisions of said By-law shall remain in full force and effect until repealed, despite that one or more provisions thereof shall have been declared to have been invalid. 1.6 EFFECTIVE DATE a) This By-law shall come into effect on the date of passage. b) The provisions of this By-law enabled by Official Plan Amendment 103 and Official Plan Amendment 6 (2019), shall come into effect, pursuant to Section 24(2) of The Planning Act, R.S.O. 1990, c. P.13, as amended. 1.7 REPEAL OF EXISTING BY-LAWS All the provisions in By-law Number 85-1, By-law Number 4830, and By-law Number 878A, insofar as they affect the lands shown on Appendix A, are repealed. SECTION 1 Page 2 of 2 City of Kitchener Zoning By-law 2019-051 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 with or without one additional dwelling unit (attached), semi-detached dwelling with or without one additional dwelling unit (attached), adding one additional dwelling unit (attached) to a Street Townhouse Dwelling Unit which currently has no additional dwelling unit (attached or detached), or private home day care. (Amended: By-law 2026-029, S.5 - March 10, 2026) 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. 1.9 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. 1.10 CONTENTS OF THIS BY-LAW a) Figures form part of this By-law. Tables form part of this By-law and specify permitted uses and/or regulations. b) Appendices A, C, D, and E form part of this By-law. Appendix B is included for convenience of reference only and does not form part of this By-law. c) Reference aids such as tables of contents, marginal notes, headers, footers, headings, and illustrations are included for convenience of reference only and do not form part of this By-law. For greater certainty, illustrations are to be used as examples to show the application of a regulation, and shall not be construed to have general application beyond their context. 1.11 FAILURE TO COMPLY Where a person fails to comply with the provisions of sections 4. 7, 4.14.9, 4.15.8 and 5 of this by-law, the City may take such actions as necessary to effect compliance with those provisions at the person's expense, in accordance with section 446 of the Municipal Act. (Amended: By-law 2024-204, S.1 - December 2, 2024)