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Notice of passing - Zoning Bylaws

March 28, 2017 -

The Council of The Corporation of the City of Kingston passed the following bylaws on the 21st day of March, 2017, under Section 34 of the Planning Act, R.S.O. 1990, as amended:

Bylaw 2017-72, a bylaw to amend Bylaw Number 8499, "Restricted Area (Zoning) Bylaw of the Corporation of the City of Kingston" (accessible parking space size and rate change and A zone minimum area change); and,

Bylaw 2017-73, a bylaw to amend Bylaw Number 76-26, "A Bylaw to Regulate the use of the Lands and the Character, Location and use of Buildings and Structures in the Township of Kingston" (accessible parking space size and rate change); and,

Bylaw 2017-74, a bylaw to amend Bylaw Number 96-259, "Downtown and Harbour Zoning Bylaw of the Corporation of the City of Kingston" (accessible parking space size and rate change); and,

Bylaw 2017-75, a bylaw to amend Bylaw Number 97-102, "The Cataraqui North Zoning Bylaw" (accessible parking space size and rate change); and,

Bylaw 2017-76, a bylaw to amend Bylaw Number 32-74, "A Bylaw to Regulate the use of Land and the Character, Location and use of Buildings and Structures in the Former Township of Pittsburgh" (accessible parking space size and rate change); and,

And Take Notice that any person or agency may appeal to the Ontario Municipal Board in respect of the bylaw by filing with the clerk of The Corporation of the City of Kingston not later than the 17th day of April, 2017, a Notice of Appeal setting out the objection to the bylaw and the reasons in support of the objection. The objection must be accompanied by the fee required by the Ontario Municipal Board.

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 28th day of March, 2017

John Bolognone
City clerk

Note: The last day for filing objections will be April 17, 2017.

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 bylaw 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 $300 payable to the Minister of Finance, Province of Ontario.

Explanatory Note

Concerning bylaws numbered 2017-72, 2017-73, 2017-74, 2017-75 and 2017-76

Area affected: Areas of the city of Kingston as identified in the schedules of the zoning bylaws for the former Township of Kingston Bylaw Number 76-26, former Township of Pittsburgh Bylaw Number 32-74, Cataraqui North Zoning Bylaw Number 97-102, former City of Kingston Zoning Bylaw Number 8499 and Downtown and Harbour Zoning Bylaw Number 96-259.

Purpose: The purpose of the application is to implement the parking standards required under the Accessibility for Ontarians with Disabilities Act (AODA) and to clarify parking area requirements in the A zone of Zoning Bylaw Number 8499.

Effect: The effect is that accessible parking space size and parking provision rates will be revised and both the residential and non-residential parking requirements in the A zone of Zoning Bylaw Number 8499 will be clarified.

Two different sizes of accessible parking spaces will be implemented:

  • Type A (van accessible) has a minimum width of 3.4 metres and
  • Type B has a minimum width of 2.7 metres.

Both require an adjacent access aisle of 1.5 metres, which can be shared between spots and both would have a length of 6.0 metres. Provision of accessible parking spaces based on a percentage of the total required parking, with Type A (van accessible) and Type B spots provided equally, rounding up to the nearest whole number. The requirement for stalls to be fully painted blue will be removed and replaced with specific instructions regarding the size and location of the International Symbol of Access.

The amendment to the Zoning Bylaw Number 8499 will also:

  • revise the current limit on residential maximum parking area from 30 square metres to 40 square metres to meet functional area requirements for two regular-sized parking stalls.
  • require off-street parking spaces for non-residential uses at rates stipulated in the general provisions (Section 5.3A(b)) rather than at residential rates.

In both instances, the number of parking spaces required is not being altered. The proposed changes have no substantive effect on the zones to which they apply, but will serve to clarify the intent and interpretation of the zoning bylaws.

Key Map: City Wide

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. 8499, Zoning Bylaw No.76-26, Zoning Bylaw 96-259, Zoning Bylaw No. 97-102 and Zoning Bylaw 32-74 should be consulted at the municipal offices during regular business hours.

Effect of Public Input on this Decision:

A summary of written and oral submissions received relating to the bylaw, staff responses to the submissions, and how the submissions were reflected in the staff recommendation are included in the Comprehensive Report (Report Number PC-16-008). The Comprehensive Report was considered by council and through consideration of the report and submissions, council supported the bylaw.