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Notice of Passing - Zoning By-laws by the Corporation of the City of Kingston

December 3, 2013 -

The Council of The Corporation of the City of Kingston passed BY-LAW NO. 2013-222, "A BY-LAW TO AMEND BY-LAW NO. 32-74, ‘A BY-LAW TO REGULATE THE USE OF LANDS AND THE CHARACTER, LOCATION AND USE OF BUILDINGS AND STRUCTURES IN THE TOWNSHIP OF PITTSBURGH' (Administrative Amendments)"; BY-LAW NO. 2013-223, "A  BY-LAW TO AMEND BY-LAW NO. 97-102, ‘CATARAQUI NORTH ZONING BY LAW' (Administrative Amendments); and By-Law No. 2013-224, "A BY-LAW TO AMEND BY-LAW NO. 8499, ‘RESTRICTED AREA (ZONING) BY-LAW OF THE CORPORATION OF THE CITY OF KINGSTON' (Administrative Amendments)" on the 19th day of November, 2013, under Section 34 of the  Planning Act, R.S.O. 1990, as amended.

AND TAKE NOTICE that any person or agency may appeal to the Ontario Municipal Board in respect of the By-Law by filing with the Clerk of The Corporation of the City of Kingston not later than the 23rd day of December, 2013, a Notice of Appeal setting out the objection to the By-Law and the reasons in support of the objection. The objection must be accompanied by the fee required by the Ontario Municipal Board.

Only individuals, corporations and public bodies may appeal a Zoning By-Law to the Ontario Municipal Board. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or group on its behalf. No person or public body shall be added as a party to the hearing of the appeal unless, before the by-law was passed, the person or public body made oral submissions at a public meeting or written submissions to the council or, in the opinion of the Ontario Municipal Board, there are reasonable grounds to add the person or public body as a party.

AN EXPLANATION of the purpose and effect of the By-Law, describing the lands to which the By-Law applies, and a description of the location of the lands to which the By-Law applies are attached.

DATED at the City of Kingston this 3rd day of December, 2013
John Bolognone  City Clerk

Note: The Last Day For Filing Objections Will Be December 23, 2013.
The Objection Must Be Received By 4:30 p.m. at the Office of the Clerk, City Hall, 216 Ontario St., by this Date In Order To Be Valid.

Any appeal submitted to the City of Kingston for referral to the Ontario Municipal Board must include the following:

  1. the objection to the By-Law and the reasons in support of the objection;
  2. the name and address of the appellant; and,
  3. the fee required by the Ontario Municipal Board in the amount of $125 payable to the Minister of Finance, Province of Ontario.

EXPLANATORY NOTE CONCERNING BY-LAW NO. 2013-222, BY-LAW NO. 2013-223, and BY-LAW NO. 2013-224

AREA AFFECTED: The area affected encompasses all the lands within the areas of the following Zoning By-Laws: 
Zoning By-Law No. 32-74 (former Township of Pittsburgh) which encompasses an area that is bounded to the West and North by the Rideau Canal Waterway, to the east by Boundary Road and Deer Ridge Drive and to the south by the St. Lawrence River; Zoning By-Law No. 97-102 (Cataraqui North) which encompasses an area that is bounded in the North by Cataraqui Woods Drive, to the East by Sydenham Road, to the South by Princess Street and to the West by Centennial Drive; and Zoning By-Law No. 8499 (former City of Kingston) which encompasses an area that is bounded in the North by Hwy. No. 401, to the East by the Rideau Canal Waterway, to the South by Lake Ontario and to the West by the Little Cataraqui Creek.

PURPOSE: The purpose of this amendment is to:

  • clarify a number of administrative matters within the text of the By-Law such as updating the table of contents and reference tables as well as administration sections of the By-Law;
  • change and update the Map Schedules to correct such matters as change zone symbols to create easier reference with By-Law text; removal of a Holding Symbol where provisions for the removal of the symbol were met and development occurred and delete a site-specific zone that was not correctly deleted;
  • correct formatting where Clauses were added to the wrong Sections of the By-Law; address inconsistent formatting within Sections; inconsistent use of wording; addition of zone symbols to titles; clarification of zone symbols and titles for ease of use of the By-Law; clarification of cross referencing of zone provisions; renumbering of clauses; the addition of provisions for the removal of a Holding (-H) Symbol to a site specific zone that was outside the area of By-Law No. 97-102;
  • correct errors including grammatical, typographical; errors in referencing; addressing uncertainty in terms of sections being correctly added to the By-Law; the use of "-H" in titles and text of site-specific zones where provisions for the removal of "-H" symbol are not referenced; and correcting a definition that is not consistent with the Planning Act.

EFFECT: The effect of this By-Law is to permit the clarification of administrative matters within the text of the By-Laws, correct formatting as well as errors to the By-Laws and change and update the Map Schedule of Zoning By-Law No. 97-102. These changes will have no substantive effect on the zones to which they apply, but will serve to clarify the intent and interpretation of the Zoning By-Laws.

KEY MAP: No key map was provided as this amendment is an Administrative Amendment to By-Law No. 32-74; By-Law No. 97-102; and By-Law No. 8499 which applies to all the lands in the former Township of Pittsburgh, the Cataraqui North Secondary Plan Area and in the former City of Kingston.

The above is an explanation of the provisions of the amendment to the Zoning By-Laws. For accurate reference, this amendment and the original By-Law No. 32-74, By-Law No. 97-102 and By-Law No. 8499 should be consulted at the Municipal Offices during regular business hours.