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OMB says zoning must respect human rights
The Ontario Municipal Board’s long awaited decision on the City of Kitchener’s Cedar Hill By-law concludes that the City did not give due consideration to the by-law’s impact on vulnerable people as required by planning legislation, the Ontario Human Rights Code and the Canadian Charter of Rights and Freedoms.
The bylaw limited any new development in the Cedar Hill community in downtown Kitchener to single detached homes, explicitly excluding rooming houses, supportive housing and social service establishments. The Bylaw and an accompanying Official Plan Amendment had been appealed to the Ontario Municipal Board by local social service agencies, as well as by HomeComing Community Choice Coalition and the Advocacy Centre for Tenants Ontario (ACTO).
The OMB directed the City to re-examine the bylaw, revise it, or demonstrate how:
- the City will ensure accessibility for persons with disabilities
- the by-law does not constitute “people zoning”
- the bylaw complies with the Human Rights Code and the Charter.
The OMB will meet again in 15 months.
