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Notice of passing of Zoning Bylaws

November 17, 2015 -

The council of The Corporation of the City of Kingston passed the following bylaws on the 3rd day of November, 2015, under Section 34 of the Planning Act, R.S.O. 1990, as amended:

Bylaw No. 2015-177, A Bylaw to Amend Bylaw Number 76-26, "A Bylaw to Regulate the use of lands and the Character, Location and use of Buildings and Structures in The Township of Kingston" (Zone Change to amend Secondary Suites Pilot Project Area for Westbrook area and harmonize zoning definitions); and,

Bylaw No. 2015-178, "A Bylaw to Amend Bylaw Number 97-102, "Cataraqui North Zoning Bylaw" (Zone Change to amend the definition of Principal Residential Unit to harmonize the definition with other comprehensive Zoning Bylaws across the City)'; and,

Bylaw No. 2015-179, A Bylaw to Amend Bylaw Number 32-74, "A Bylaw to Regulate the Use of Lands and the Character, Location and Use of Buildings and Structures in The Township of Pittsburgh" (Zone Change to amend Secondary Suites Pilot Project Area for Kingston East and incorporate zoning schedules for Secondary Suites into the bylaw); and,

Take notice that in accordance with Sections 17(24.1) and 34(19.1) of the Planning Act there is no appeal in respect of a bylaw that gives effect to the policies for second residential dwelling units described in subsection 16(3), including, for greater certainty, no appeal in respect of any requirement or standard in such a bylaw.

An explanation of the purpose and effect of the bylaws, describing the lands to which the bylaws apply, and a Key Map showing the location of the lands to which the Bylaws apply are attached.

Dated at the City of Kingston
this 17th day of November, 2015

John Bolognone
City Clerk


Explanatory note concerning bylaws number 2015-177, 2015-178 and 2015-179

Area Affected: Areas of the City of Kingston as identified in the schedules of the Zoning Bylaws for the former Township of Kingston Bylaw No. 76-26, former Township of Pittsburgh Bylaw
No. 32-74 and Cataraqui North Zoning Bylaw No. 97-102.

Purpose: The purpose of the application is to harmonize the second unit provisions of the Zoning Bylaws as well as implement the provisions of Section 16(3) of the Planning Act and Section 3.3.11.c, of the City of Kingston Official Plan.

Effect: The effect is to expand the Secondary Suite Pilot Project Area within Kingston East (the former Township of Pittsburgh). Second residential units will be permitted within the urban area of Kingston East including the eastern portion of the Riverview which abuts Highway 15. The remainder of the lands within the urban boundary north of Gore Road and west of Highway 15 will be excluded from the Pilot Project Area due to servicing constraints. Second residential units will also be permitted in the rural area south of Highway 401 subject to the removal of a holding (-H) symbol. It is also proposed to amend Bylaw 32-74 for the former Township of
Pittsburgh to delete the provision that prohibits a dwelling unit located in a basement that is one metre below grade.

The proposed amendment to the Zoning Bylaw Number 76-26 will remove the neighbourhood known as Westbrook from the Secondary Suite Pilot Project Area due to servicing constraints. The rural area surrounding Westbrook will be subject to changes which will implement a holding (-H) symbol on the lands which will be required to be removed prior to permitting a secondary residential unit. The definition of "Principal Dwelling Unit" in Zoning Bylaw
Numbers 76-26 and 97-102 will be harmonized with the definition currently in effect in Zoning Bylaw Number 32-74.

Key Map

The above is an explanation of the provisions of the amendment to the Zoning Bylaws. For accurate reference, this amendment and the original Bylaw No. 76-26, Zoning Bylaw 32-74 and Zoning Bylaw No. 97-102 should be consulted at the municipal offices during regular business hours.