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O. Reg. 159/22: ZONING ORDER - CITY OF KINGSTON

under Planning Act, R.S.O. 1990, c. P.13

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Versions
revoked or spent April 10, 2024
March 4, 2022 April 9, 2024

 

Planning Act
Loi sur l’aménagement du territoire

ONTARIO REGULATION 159/22

ZONING ORDER - CITY OF KINGSTON

Note: This Regulation was revoked on April 10, 2024. (See: O. Reg. 165/24, s. 1)

Last amendment: 165/24.

Legislative History: 165/24.

This Regulation is made in English only.

Definitions

1. In this Order,

“light industrial use” means the use of any self-contained building for production, manufacturing, fabrication, assembly or similar processes, including processes that are technologically advanced or innovative, where the processes have a low probability of fugitive emissions such as noise, odour, dust or vibration, and does not include any other use referred to in this Order;

“Zoning By-law” means Zoning By-law No. 76-26.

Application

2. This Order applies to lands in the City of Kingston, in the Province of Ontario, being the lands outlined in red on a map numbered 283 and filed at the Toronto office of the Ministry of Municipal Affairs and Housing located at 777 Bay Street.

Business Park Industrial 1 Zone

3. (1) This section applies to the lands located in the area shown as Business Park Industrial 1 Zone on the map referred to in section 2.

(2) Every use of land and every erection, location or use of any building or structure is prohibited on the lands described in subsection (1), except for,

(a)  call centres;

(b)  catering services;

(c)  contractors yards;

(d)  laboratories;

(e)  light industrial uses;

(f)  business offices and professional offices;

(g)  open storage areas accessory to another use;

(h)  film or recording studios;

(i)  artists’ or photographers’ studios;

(j)  merchandise service shops;

(k)  small engine service shops;

(l)  research and development facilities;

(m)  retail stores accessory to another use;

(n)  commercial schools;

(o)  transportation depots;

(p)  warehouses;

(q)  wholesale establishments;

(r)  workshops;

(s)  parks; and

(t)  public uses.

(3) Despite the Zoning By-law, the zoning requirements for the lands described in subsection (1) are as follows:

1.  There is no minimum lot area.

2.  The minimum lot frontage is 25 metres.

3.  The maximum permitted building height is 25 metres.

4.  Despite paragraph 3, where a lot within the Business Park Industrial 1 Zone is directly adjacent to a lot containing a residential use or a lot in a Residential Zone, or has frontage on Creekford Road, the maximum permitted building height is 15 metres.

5.  The minimum front yard depth, exterior side yard width and interior side yard widths are each 6 metres.

6.  The minimum rear yard depth is 7.5 metres.

7.  Despite paragraphs 5 and 6, the minimum setback from a lot containing a residential use or a lot in a Residential Zone is 15 metres.

8.  The minimum landscaped open space is 15 per cent per lot.

9.  A retail store is limited to 25 per cent of the gross floor area of the principal use.

10.  The uses referred to in clauses (2) (c), (e), (j), (k), (n), (o), (p), (q) and (r) are permitted only within an enclosed building.

11.  An open storage area is not permitted on a lot that is directly adjacent to a residential use or a lot in a Residential Zone.

12.  An open storage area is subject to the following requirements:

i.  An open storage area is subject to the requirements set out in paragraphs 5 and 6.

ii.  An open storage area is not permitted in a front yard or exterior side yard.

iii.  An open storage area located in a rear yard must not abut a street line.

iv.  A visual screen for an open storage area must have a minimum height of 1.8 metres and must consist of a continuous solid fence, solid wall, planting strip or any combination of these.

v.  An open storage area must be no greater than 20 per cent of the lot area.

13.  There are no minimum off-street parking requirements.

14.  Where parking is provided, off-street accessible parking spaces are required in accordance with clause 5 (16) (a) of the Zoning By-law and are calculated based on the total number of off-street parking spaces provided on the lot.

15.  Despite clause 5 (16) (c) of the Zoning By-law, parking spaces and parking lots are permitted in any yard provided that they are setback a minimum of 3 metres from any street line.

16.  The maximum width of a driveway within the front yard depth or exterior side yard width is 9 metres.

17.  Subsection 5 (20) of the Zoning By-law does not apply.

18.  Despite clause 5 (17) (a) of the Zoning By-law, a planting strip is required adjacent to any street line.

Business Park Industrial 2 Zone

4. (1) This section applies to the lands located in the area shown as Business Park Industrial 2 Zone on the map referred to in section 2.

(2) Every use of land and every erection, location or use of any building or structure is prohibited on the lands described in subsection (1), except for,

(a)  uses permitted under subsection 3 (2);

(b)  banquet halls;

(c)  day care centres;

(d)  financial institutions;

(e)  fitness clubs;

(f)  hotels;

(g)  personal service shops;

(h)  places of worship;

(i)  recreational establishments;

(j)  restaurants, including take-out restaurants;

(k)  retail stores; and

(l)  clinics.

(3) Despite the Zoning By-law, the zoning requirements set out in subsection 3 (3) apply to the lands described in subsection (1) of this section.

(4) In addition to the requirements set out in subsection (3), the uses referred to in clauses (2) (b) to (l) are subject to the following zoning requirements:

1.  The total lot area is limited to 2.02 hectares and must have frontage on one or more of the following streets:

i.  Gardiners Road.

ii.  Creekford Road.

iii.  Clogg’s Road.

2.  A minimum interior setback or rear setback is 15 metres where the lot line abuts a residential use or a lot in a Residential Zone.

(5) Despite clause 3 (2) (g) and paragraph 12 of subsection 3 (3), an open storage area is prohibited.

Open Space Zone

5. (1) This section applies to lands located in the area shown as Open Space Zone on the map referred to in section 2.

(2) Every use of land and every erection, location or use of any building or structure is prohibited on the land described in subsection (1), except for,

(a)  parks; and

(b)  public uses.

(3) Despite the Zoning By-law, the zoning requirements for the lands described in subsection (1) are as follows:

1.  There is no minimum lot area.

2.  There is no minimum lot frontage.

3.  There is no maximum building height.

4.  There is no maximum lot coverage.

5.  There is no minimum landscaped open space.

6.  The minimum front yard depth and exterior side yard width are each 4.5 metres.

7.  The minimum rear yard depth and interior yard width are each 7.5 metres.

8.  The zoning requirements set out in paragraphs 13 to 17 of subsection 3 (3) apply.

Terms of use

6. (1) Every use of land and every erection, location and use of buildings or structures shall be in accordance with this Order.

(2) Nothing in this Order prevents the use of any land, building or structure for any use prohibited by this Order if the land, building or structure is lawfully so used on the day this Order comes into force.

(3) Nothing in this Order prevents the reconstruction of any building or structure that is damaged or destroyed by causes beyond the control of the owner if the dimensions of the original building or structure are not increased and its original use is not altered.

(4) Nothing in this Order prevents the strengthening or restoration to a safe condition of any building or structure.

Deemed by-law

7. This Order is deemed for all purposes, except the purposes of section 24 of the Act, to be and to always have been a by-law passed by the council of the City of Kingston.

8. Omitted (provides for coming into force of provisions of this Regulation).