Zoning By-law No. 2022-62, Part One (Sections 1-19: General Provisions and Use Regulations)
Kingston, Ontario
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Kingston Zoning By-law Number 2022-62
Part 1 of 5: Sections 1 to 19
Kingston Zoning By-Law Number 2022-62
Table of Contents - Part 1, Page i
Table of Contents
Section 1:
Administration ........................................................................................................ Part 1, Page 3
Section 2:
Interpretation of This By-law ......................................................................... Part 1, Page 11
Section 3:
Definitions .............................................................................................................. Part 1, Page 20
Section 4:
General Provisions.............................................................................................. Part 1, Page 65
Section 5:
Overlay Provisions .............................................................................................. Part 1, Page 99
Section 6:
Specific Use Provisions ................................................................................... Part 1, Page 112
Section 7:
Parking, Loading and Bike Parking Provisions .................................... Part 1, Page 122
Section 8:
Rural Zones (AG, RU, RUR, LSR, RC and HAM)................................... Part 1, Page 146
Section 9:
Rural Industrial Zones (RM1, RM2 and MX1) ....................................... Part 1, Page 159
Section 10:
Mixed Use Zones (WM1, WM2, DT1 and DT2 .................................... Part 1, Page 166
Section 11:
Urban Residential Zones (UR1 to UR9) ................................................... Part 1, Page 188
Section 12:
Urban Multi-Residential Zones (URM to URM10) ............................. Part 1, Page 211
Section 13:
Heritage Zones (HCD1 to HCD3)............................................................... Part 1, Page 230
Section 14:
Institutional Zones (IN1, IN2, G1 and G2) ............................................ Part 1, Page 242
Section 15:
Commercial Zones (CN, CA, CD, CR, CG and CW) ............................. Part 1, Page 251
Section 16:
Employment Zones (M1 to M5) ................................................................. Part 1, Page 263
Section 17:
Transportation and Utilities Zones (TA, TR and TU) ........................ Part 1, Page 274
Section 18:
Open Space Zones (OS1, OS2 and DR) .................................................. Part 1, Page 279
Section 19:
Environmental Zones (EPA) .......................................................................... Part 1, Page 284
Section 20:
Legacy Exceptions (LXXX) .................................................................................. Part 2, Page 1
Section 21:
Exceptions (EXXX) .................................................................................................. Part 3, Page 1
Section 22:
Holding Conditions (HXXX)............................................................................... Part 4, Page 1
Section 23:
Temporary Zones (-T) .......................................................................................... Part 5, Page 1
Section 24:
Amendments to this By-law ............................................................................. Part 5, Page 2
(By-Law Number 2022-62; 2024-332)
Kingston Zoning By-Law Number 2022-62
Section 1: Administration - Part 1, Page 2
Kingston Zoning By-Law Number 2022-62
A by-law to regulate the use of lands and the size and location of buildings within the City of
Kingston, pursuant to Section 34 of the Planning Act.
This By-Law was Given all Three Readings and Passed: April 26, 2022
Kingston Zoning By-Law Number 2022-62
Section 1: Administration - Part 1, Page 3
The Council of The Corporation of the City of Kingston enacts as follows:
Section 1: Administration
1.1.
Title of This By-law
1.1.1.
This By-law is composed of the text in Sections 1 to 24 and the following schedules
attached to and forming part of this By-law, and may be cited as the "Kingston
Zoning By-law" or "ZBL 2022-62":
1.
Schedule 1, Zoning Map;
2.
Schedule 2, Parking Areas;
3.
Schedule 3, Required Ground Floor Commercial;
4.
Schedule 4, Road Classification;
5.
Schedule A, Floodplain Overlay;
6.
Schedule B, Source Water Protection Overlay;
7.
Schedule C, Airport Noise Exposure Overlay;
8.
Schedule D1, Urban Constraint Areas and Second Rural Unit Holding Overlay;
9.
Schedule D2, Third Rural Unit Holding Overlay;
10.
Schedule D3, Fourth Urban Residential Unit Holding Overlay;
11.
Schedule E, Exception Overlay; and
12.
Schedule F, Holding Overlay.
13.
Schedule G, Non-Residential Conversion Holding Overlay;
14.
Schedule H, Express Transit Area Overlay;
15.
Schedule J, Servicing Allocation Policy Overlay
(By-Law Number 2022-62; 2024-332; 2024-333)
1.1.2.
Any references to "this By-law" mean the Kingston Zoning By-law.
Kingston Zoning By-Law Number 2022-62
Section 1: Administration - Part 1, Page 4
1.2.
Area to Which This By-law Applies
1.2.1.
The provisions of this By-law apply to all lands within the municipal boundaries of
the City of Kingston as shown on Schedule 1, other than the lands identified as "Not
Subject to this By-law" and "N/A" on Schedule 1.
1.2.2.
All lands under waterbodies within the municipal boundaries of the City of Kingston
are subject to this By-law in addition to the requirements of both federal and
provincial legislation.
1.3.
Compliance with Applicable Law
1.3.1.
No person may use or develop any lot or building within the City of Kingston
except in full compliance with all of the provisions of this By-law.
1.3.2.
This By-law is not to be interpreted as reducing or mitigating any other by-law,
provision, regulation, or restriction lawfully imposed by the City or any other public
authority having jurisdiction.
1.3.3.
Nothing in this By-law serves to relieve any person from the obligation to comply
with the provisions and requirements of any by-law of the City in force from time to
time or the obligation to obtain any licence, permit, authority, or approval required
under the by-laws of the City or of any other public authority having jurisdiction.
1.3.4.
In the event of a conflict between this By-law and any City by-law, this By-law
prevails to the extent of the conflict.
1.3.5.
No other by-law, provision, regulation or Act is to be interpreted as reducing or
mitigating any provision of this By-law, unless the other by-law, provision, regulation
or Act was specifically intended to affect zoning and the public authority
responsible for the by-law, provision, regulation or Act has the jurisdiction to do so.
1.4.
Effective Date of This By-law
1.4.1.
This By-law comes into force and takes effect on the day it was passed, if no appeals
are filed, or where one or more appeals are filed, in accordance with the provisions
of the Planning Act.
1.5.
Repeal of Existing By-laws
1.5.1.
The following former zoning by-laws are repealed in their entirety upon the date
this By-law comes into force and effect:
Kingston Zoning By-Law Number 2022-62
Section 1: Administration - Part 1, Page 5
1.
By-law Number 3078 of the former City of Kingston, as amended;
2.
By-law Number 9087A of the former City of Kingston, as amended;
3.
By-law Number 8950 of the former City of Kingston, as amended;
4.
By-law Number 541 of the former Township of Kingston, as amended; and
5.
By-law Number 3077 of the former City of Kingston, as amended.
1.5.2.
The following former zoning by-laws are repealed upon the date this By-law
comes into force and effect, except for those portions of the following former
zoning by-laws that apply to lands identified as "Not Subject to this By-law" and
"N/A" on Schedule 1 of this By-law:
1.
By-law Number 8499 of the former City of Kingston, as amended;
2.
By-law Number 96-259 of the former City of Kingston, as amended;
3.
By-law Number 76-26 of the former Township of Kingston, as amended;
4.
By-law Number 97-102 of the former Township of Kingston, as amended; and
5.
By-law Number 32-74 of the former Township of Pittsburgh, as amended.
1.5.3.
Despite Clauses 1.5.1. and 1.5.2., the applicable former zoning by-laws apply to
assist in the interpretation of any minor variance referred to in Clause 1.7.1. in the
context of this By-law. Where a conflict exists between the provisions of this By-law
and the applicable former zoning by-laws in respect of the interpretation of any
minor variance referred to in Clause 1.7.1., the provisions of this By-law prevail.
1.6.
Transition Provisions
Complete Applications for a Building Permit
1.6.1.
Nothing in this By-law prevents the development or use of a lot or a building for
which a complete application for a building permit was received by the City on or
before the date of passing of this By-law, if the development or use complies, or
the building permit application is amended to comply, with the provisions of the
applicable former zoning by-law as it read immediately prior to the passing of this
By-law.
Kingston Zoning By-Law Number 2022-62
Section 1: Administration - Part 1, Page 6
Other Types of Complete Applications
1.6.2.
Where a complete application was received by the City on or before the date of
passing of this By-law for the development or use of a lot or one or more
buildings, approval may be granted in the context of the applicable former zoning
by-law as it read immediately prior to the passing of this By-law, for one or more of
the following applications where they are consistent with the intent of the complete
application:
1.
Any application under Section 45 of the Planning Act;
2.
Site plan control approval pursuant to Section 41 of the Planning Act;
3.
Consent pursuant to Section 53 of the Planning Act;
4.
Draft plan of subdivision pursuant to Section 51 of the Planning Act or a
description under the Condominium Act, 1998, S.O. 1998, c.19;
5.
Payment in lieu of parking agreement pursuant to Section 40 of the Planning
Act; and
6.
A part lot control exemption pursuant to Section 50 of the Planning Act.
1.6.3.
Where the development or use of a lot or one or more buildings qualifies under
Clause 1.6.2., a building permit may be issued after final approval is received for all
required applications if the development or use complies, or the building permit
application for the development or use is amended to comply, with the provisions
of the applicable former zoning by-law as it read immediately prior to the passing
of this By-law.
1.6.4.
Nothing in this By-law applies so as to continue the exemption provided by Clauses
1.6.1. and 1.6.2. beyond the issuance of the final building permit upon which the
exemptions are founded.
1.6.5.
Clauses 1.6.1., 1.6.2., 1.6.3. and 1.6.4. are repealed in their entirety three years after
the date of passing of this By-law.
1.7.
Minor Variances
Continuation of Approved Variances
1.7.1.
During the three-year period commencing on the date of passing of this By-law and
expiring on the date specified in Clause 1.6.5., a building permit may be issued in
Kingston Zoning By-Law Number 2022-62
Section 1: Administration - Part 1, Page 7
the context of the applicable former zoning by-law as it read immediately prior to
the passing of this By-law for any development subject to one or more approved
minor variances under the provisions of the applicable former zoning by-law.
1.7.2.
After the three-year period in Clause 1.6.5. expires, minor variances approved under
the provisions of the applicable former zoning by-law may be relied upon only if
the zoning provision respecting the minor variance is the same or more permissive
in this By-law than in the applicable former zoning by-law.
1.8.
Non-Conformity and Non-Compliance
Legal Non-Conforming Uses
1.8.1.
A use that is not permitted by this By-law, but which was lawfully used for such
purpose on the date of passing of this By-law, is considered a legal non-conforming
use. Nothing in this By-law applies to prevent a legal non-conforming use, so long
as it continues to be used for that purpose.
Legal Non-Complying Buildings
1.8.2.
A building that does not meet the provisions of this By-law, but which lawfully
existed on the date of passing of this By-law, is considered to be a legal non-
complying building. Nothing in this By-law applies to prevent a legal non-
complying building so long as it continues to exist.
1.8.3.
If a lot contains a legal non-complying building, nothing in this By-law applies to
prevent the further development of such lot, provided the development:
1.
Does not further increase the extent or degree of non-compliance with the
provisions of this By-law; and
2.
Complies with all other applicable provisions of this By-law.
1.8.4.
If a lot contains a legal non-complying building, nothing in this By-law applies to
prevent the development of an accessory building on the lot, provided that the
development complies with all applicable provisions of this By-law.
Kingston Zoning By-Law Number 2022-62
Section 1: Administration - Part 1, Page 8
Legally Existing Lots
1.8.5.
A lot in existence on the date of passing of this By-law that does not meet the
minimum lot area or lot frontage provisions of the underlying Zone is permitted to
be used and buildings are permitted to be developed provided the use conforms
with this By-law and the buildings comply with all other provisions of this By-law,
including Subsection 4.8. requiring frontage on a street.
(By-Law Number 2022-62; 2024-332)
1.8.6.
A lot in an AG Zone or RU Zone that is reduced in size through a severance
application and is less than 40 hectares in lot area is permitted to be used and
developed for agricultural uses provided any new buildings comply with all
other provisions of this By-law, including Subsection 4.8, requiring frontage on
a street." A lot in a HAM Zone or RUR Zone in existence on the date of passing of
this By-law that does not meet the minimum lot area or lot frontage provisions of
the underlying Zone is permitted to be used and buildings are permitted to be
developed provided the use conforms with this By-law and the buildings comply
with all other provisions of this By-law, including Subsection 4.8. requiring frontage
on a street.
(By-Law Number 2022-62; 2024-332)
1.9.
Conveyances to Public Authorities
1.9.1.
No person is deemed to have contravened any provision of this By-law by reason of
the fact that any part or parts of any lot has or have been conveyed to or acquired
by the City or any public authority.
1.9.2.
Where any portion of a lot is taken by the City or any public authority for the
purpose of a street widening, sight triangle, turning lane or other similar use,
existing buildings are not deemed to be legal non-complying as a result of the
reduced setbacks or reduced lot area.
1.9.3.
Where any portion of a lot is taken by the City or any public authority for the
purpose of a street widening, sight triangle, turning lane or other similar use, new
development must be calculated on the entire lot area including the area taken by
the City or any public authority. For clarity, this includes provisions that are
measured based on lot area, such as floor space index or lot coverage.
1.9.4.
Where any portion of a lot is taken by the City or any public authority for the
purpose of a street widening, sight triangle, turning lane or other similar use, new
Kingston Zoning By-Law Number 2022-62
Section 1: Administration - Part 1, Page 9
development must comply with setbacks to the lot lines as they exist at the time
of development.
1.10.
Administration of This By-law
1.10.1.
Unless otherwise stated, this By-law is administered and enforced by the Director.
Technical Revisions to this By-law
1.10.2.
Provided that the purpose, intent, meaning and substance of this By-law is not
affected, the Director may undertake the following technical revisions without a
zoning by-law amendment:
1.
Changing numbering, cross-references and the arrangement of text, tables and
schedules;
2.
Revisions to the base mapping and parcel fabric updated from the Ontario
Land Registry Office;
3.
Correcting lot and feature boundary errors;
4.
Revisions to Schedule 4, Road Classification, when new roads are constructed
or when the road alignment has changed;
5.
Amendments to correct or clarify existing items that are not part of this By-law
in Clauses 2.2.3., 2.2.4. and 2.2.5., or revisions to add new items or delete
existing items listed in Clauses 2.2.3., 2.2.4. and 2.2.5.;
6.
Correcting grammatical, mathematical or typographic errors and altering
punctuation; and
7.
Replacing a description of a date or time with an actual date or time.
1.11.
Remedies
1.11.1.
Where any matter or thing is required to be done by a person under the provisions
of this By-law, Council may direct that in default of it being done by said person,
such matter may be done by the City at the sole expense of the person and the
expense thereof with interest may be recovered by the City in accordance with the
provisions of the Municipal Act, 2001, S.O. 2001, c. 25.
Kingston Zoning By-Law Number 2022-62
Section 1: Administration - Part 1, Page 10
1.12.
Validity or Severability
1.12.1.
If a decision of a court of competent jurisdiction declares that one or more of the
provisions of this By-law, including anything contained in the Schedules, are invalid
and the judgment does not affect the validity of the remaining portions of this By-
law, then the remaining portions are in full force and effect.
1.13.
Enforcement and Penalties
1.13.1.
Every person who contravenes this By-law is guilty of an offence, and on conviction
is liable:
1.
On a first conviction, to a fine of not more than $25,000.00; and
2.
On a subsequent conviction, to a fine of not more than $10,000.00 for each
day or part thereof upon which the contravention has continued after the day
on which the person was first convicted.
1.13.2.
Despite Clause 1.13.1., every corporation that contravenes this By-law is guilty of an
offence, and upon conviction is liable:
1.
On a first conviction, to a fine of not more than $50,000.00; and
2.
On a subsequent conviction, to a fine of not more than $25,000.00 for each
day or part thereof upon which the contravention has continued after the day
on which the corporation was first convicted.
1.13.3.
In addition to any other remedy or any penalty provided by law, where a conviction
has been entered, any court of competent jurisdiction thereafter may make an order
prohibiting the continuation or repetition of the offence by the person convicted.
1.13.4.
Subject to and in accordance with the provisions of the Planning Act, where the
Director believes on reasonable grounds that this By-law is being contravened, the
Director or any person acting under their instructions may, at all reasonable times,
enter and inspect any property on or in respect of which they believe the
contravention is occurring.
Kingston Zoning By-Law Number 2022-62
Section 2: Interpretation of This By-law - Part 1, Page 11
Section 2: Interpretation of This By-law
2.1.
Language and Meaning
General
2.1.1.
In this By-law, if words, terms or phrases are formatted in a bold font, they have the
meaning provided in Section 3, Definitions. The definitions and interpretations set
out in Section 3 apply and any words not specifically defined in this By-law carry
their ordinary meaning.
2.1.2.
Definitions are given in this By-law to aid in the understanding and the
implementation of the true spirit, intent, and meaning of this By-law. They are not to
be used to avoid an obligation imposed by this By-law or any requirement enacted
in a substantive provision of this By-law.
2.1.3.
Despite the tense used in a provision:
1.
Every provision of this By-law must be applied to the circumstances as they
exist at the time in question;
2.
Every obligation imposed by this By-law is a continuing one so long as either
the use, the circumstances, the reason for the obligation, or the events which
caused, precipitated or gave rise to the obligation continue; and
3.
Any reference to legislation or provisions or regulations or sections thereof
approved by another public authority includes any amendments to or
successions thereof.
Singular and Plural Words
2.1.4.
In this By-law, unless otherwise specifically indicated:
1.
Words used in the singular include the plural and vice versa;
2.
This By-law is gender neutral and, accordingly, any reference to one gender
includes all genders; and
3.
Word variations, for example: comply, complying, compliance, complies, have a
similar meaning.
Kingston Zoning By-Law Number 2022-62
Section 2: Interpretation of This By-law - Part 1, Page 12
Including or Excluding
2.1.5.
In this By-law, lists following the words "including" or "excluding" are not intended
to be exhaustive.
Minimum and/or Maximum Requirements
2.1.6.
The provisions of this By-law must be held to be the minimum requirements, unless
the word "maximum" is used, in which case the maximum requirement applies. If
both a minimum and a maximum requirement are specified, then both provisions
apply.
Intent and Rules of Interpretation
2.1.7.
This By-law is remedial in nature and must be interpreted in a benevolent manner
and read and applied in a way that will ensure the effective implementation of its
provisions.
2.1.8.
All provisions of this By-law that apply to a lot must be complied with. The intended
hierarchy of provisions in Sections 1 through 24, is as follows (from the highest
ranking to the lowest ranking):
1.
Sections 1, 2 and 3: Administration, Interpretation of this By-law and
Definitions;
2.
Sections 6 and 22, and Schedule F: Holding Overlay and Holding Conditions;
3.
Sections 5, 20 and 21, and Schedules A to E: Overlay Provisions, Legacy
Exceptions and Exceptions;
4.
Schedule 1: Zoning Map;
5.
Schedules 2, 3 and 4: Non-Overlay Schedules;
6.
Section 23: Temporary Zones;
7.
Sections 8 through 19: Provisions for Specific Zone Categories;
8.
Section 6: Specific Use Provisions;
9.
Section 4: General Provisions;
10. Section 7: Parking, Loading and Bike Parking Provisions; and
Kingston Zoning By-Law Number 2022-62
Section 2: Interpretation of This By-law - Part 1, Page 13
11. Section 24: List of Amendments to this By-law.
2.1.9.
Despite Clause 2.1.8., where two or more provisions of this By-law are applicable, all
provisions must be complied with or, where it is not possible to comply with all
applicable provisions, the most restrictive provision must be complied with.
2.1.10.
Where a use takes place outside of a building but a provision of this By-law
regulates that use inside of a building, the provision applies as though the actual
area occupied by the use is in a building.
2.1.11.
Where a provision is tied to the use of a lot or building, such provision applies
where any portion of the lot or building is used for such purpose.
2.1.12.
Where a performance standard is applied to a use, such standard applies to the
entire building in which the use is located.
2.1.13.
Where an accessory use is specifically listed in connection with a principal use, the
list of accessory uses is not intended to be exhaustive but has been included to
provide clarity related to that specific accessory use only.
2.2.
Parts of This By-law
Items that are Part of This By-law
2.2.1.
Schedules, Appendices, Figures, and text contained in clauses, subclauses,
paragraphs, subparagraphs and items form part of this By-law.
2.2.2.
Tables form part of this By-law and are used throughout to present permitted uses
and provisions in a concise format and are structured with columns (vertical) and
rows (horizontal) with titles.
Items that are not Part of This By-law
2.2.3.
Titles, headings, subheadings, diagrams, footnotes, indices, table of contents,
illustrations, and references to former enactments or enabling legislation do not
form part of this By-law and are editorially inserted for convenience of reference
only.
2.2.4.
Notes that are included in square brackets, for example "[Note: See Diagram
3.19.9.]", do not form part of this By-law and are editorially inserted for reference
only.
Kingston Zoning By-Law Number 2022-62
Section 2: Interpretation of This By-law - Part 1, Page 14
2.2.5.
Text included in electronic, interactive mapping of the Exception Overlay in Schedule
E or the Holding Overlay in Schedule F is provided for convenience purposes only
and does not form part of this By-law. The text that forms part of this By-law and
corresponds with the applicable Exception Overlay and Holding Overlay mapping is
included in Section 20, Section 21 and Section 22 of this By-law, as applicable.
2.3.
Structure of This By-law
System of Division
2.3.1.
The system of division and numbering of the provisions of this By-law are as follows:
Section 1. - Title
Subsection 1.1. - Heading
Text - Subheading
Clause 1.1.1. - Text
Subclause 1. - Text
Paragraph (a)
Subparagraph (i)
Item (1)
2.3.2.
This By-law is separated into Parts for the purpose of publishing the information in a
format that is accessible and formatted to accommodate future amendments.
Despite being separated into Parts, all Sections and Schedules referenced in Clause
1.1.1. form part of this By-law.
2.4.
Establishment of Zones
2.4.1.
This By-law establishes the Zones listed in Table 2.4.1. and places all lands subject to
this By-law in one or more of the Zones in accordance with Schedule 1.
Table 2.4.1. - List of Zones
Zone Name
Zone Code
Prime Agricultural Area Zone
AG
General Rural Area Zone
RU
Kingston Zoning By-Law Number 2022-62
Section 2: Interpretation of This By-law - Part 1, Page 15
Zone Name
Zone Code
Rural Residential Zone
RUR
Limited Service Rural Residential Zone
LSR
Rural Commercial Zone
RC
Hamlet Zone
HAM
Rural Industrial Zone
RM1
Rural Heavy Industrial Zone
RM2
Mineral Resource and Extraction Zone
MX1
Williamsville Zone 1
WM1
Williamsville Zone 2
WM2
Downtown Zone 1
DT1
Downtown Zone 2
DT2
Mixed Zone 1
MU1
Mixed Zone 2
MU2
Mixed Zone 3
MU3
Urban Residential Zone 1
UR1
Urban Residential Zone 2
UR2
Urban Residential Zone 3
UR3
Urban Residential Zone 4
UR4
Urban Residential Zone 5
UR5
Urban Residential Zone 6
UR6
Urban Residential Zone 7
UR7
Urban Residential Zone 8
UR8
Urban Residential Zone 9
UR9
Urban Residential Zone 10
UR10
Urban Residential Zone 11
UR11
Urban Residential Zone 12
UR12
Urban Residential Zone 13
UR13
Urban Multi-Residential Zone 1
URM1
Urban Multi-Residential Zone 2
URM2
Kingston Zoning By-Law Number 2022-62
Section 2: Interpretation of This By-law - Part 1, Page 16
Zone Name
Zone Code
Urban Multi-Residential Zone 3
URM3
Urban Multi-Residential Zone 4
URM4
Urban Multi-Residential Zone 5
URM5
Urban Multi-Residential Zone 6
URM6
Urban Multi-Residential Zone 7
URM7
Urban Multi-Residential Zone 8
URM8
Urban Multi-Residential Zone 9
URM9
Urban Multi-Residential Zone 10
URM10
Urban Multi-Residential Zone 11
URM11
Heritage Zone 1 - Village of Barriefield
HCD1
Heritage Zone 2 - Market Square
HCD2
Heritage Zone 3 - Old Sydenham
HCD3
Institutional Minor Zone
IN1
Institutional Major Zone
IN2
Correctional Facility Zone
G1
Military Installation Zone
G2
Neighbourhood Commercial Zone
CN
Arterial Commercial Zone
CA
District Commercial Zone
CD
Regional Commercial Zone
CR
General Commercial Zone
CG
Marine Commercial Zone
CW
Harbour Zone
HB
Business Park Zone
M1
General Industrial Zone
M2
Heavy Industrial Zone
M3
Employment Service Zone
M4
Waste Management Zone
M5
Airport Zone
TA
Kingston Zoning By-Law Number 2022-62
Section 2: Interpretation of This By-law - Part 1, Page 17
Zone Name
Zone Code
Transportation and Railway Zone
TR
Utility Installation or Corridor Zone
TU
Protected Open Space Zone
OS1
General Open Space Zone
OS2
Development Reserve Zone
DR
Environmental Protection Area Zone
EPA
By-Law (2022-62; 2025-118)
2.5.
Zone Boundaries
2.5.1.
Schedule 1, the Zoning Map, identifies different areas, called Zones, into which this
By-law divides the City and shows the Zone codes given to these areas. The Zones
may be cited by either their Zone code or their Zone name.
2.5.2.
Where the boundary of any Zone shown on Schedule 1:
1.
Follows a street, utility right-of-way, railway right-of-way, or watercourse, it
is considered to follow the centre line of such street, utility right-of-way,
railway right-of-way, or watercourse;
2.
Substantially follows lot lines shown on Schedule 1 or the electronic
consolidation of Schedule 1, it is considered to follow such lot lines;
3.
Follows a street and, if the street is subsequently closed, the land in the closed
street is considered to be included in the Zone of the adjoining land and if
such street forms a boundary between two or more different Zones, it is
considered to follow the centre line of that closed street; and
4.
Passes through a lot and the distance is not indicated, it is considered to be
located as measured using the scale of Schedule 1.
2.5.3.
Where a lot is divided into more than one Zone, the Zone boundary is not treated
as a lot line and each portion of the lot must be used in accordance with the
provisions of the underlying Zone. In the case of a conflict, the more restrictive
provision applies.
2.5.4.
Despite Clause 2.5.3., where a Legacy Exception or Exception only applies to a
portion of a lot, the boundary of such Legacy Exception or Exception is treated as a
lot line for the purpose of zoning interpretation.
Kingston Zoning By-Law Number 2022-62
Section 2: Interpretation of This By-law - Part 1, Page 18
2.5.5.
Where any lot or building is used for more than one purpose as provided in this
By-law, the lot or building must comply with the provisions of this By-law relating
to each use. In the case of a conflict, the more restrictive provision applies.
2.5.6.
Despite Clause 2.5.1., all land within the municipal boundary of the City located
under a waterbody is deemed to be zoned EPA where it meets the definition of
waterbody.
(By-Law Number 2022-62; 2024-332)
2.6.
Zone Labels and Provisions
Subzones
2.6.1.
Subzones are created by adding a period and upper case letter to the primary Zone
code on the Zoning Map (for example: "UR3.B"), and have the effect of modifying
the uses or the provisions of the primary Zone to the extent set out in the text of
the provisions for that Subzone.
Holding Zones
2.6.2.
Holding Overlays are created by identifying specific lands on Schedule D, Schedule
F, Schedule G and Schedule J of this By-law and have the effect of restricting the
development or use of a lot or building in accordance with the corresponding
provisions until this By-law has been amended to remove the lot from the Holding
Overlay in accordance with Section 36 of the Planning Act.
(By-Law Number 2022-62; 2024-332)
Temporary Zones
2.6.3.
Temporary Zones are created by adding a hyphen and upper case "T" followed by a
number (for example: "UR2-T1") to the Zone code on the Zoning Map, and have the
effect of applying temporary use provisions pursuant to Section 39 of the Planning
Act. Lands designated in this manner are subject to all provisions of the underlying
Zone except as otherwise provided by the Temporary Zone provisions. Upon the
expiry date of the Temporary Zone provisions, the temporary use of such lots or
buildings, as may be specified, must cease, and use of the Temporary Zone symbol
must be discontinued. The provisions of the corresponding Temporary Zone are
included in Section 23 of this By-law.
Kingston Zoning By-Law Number 2022-62
Section 2: Interpretation of This By-law - Part 1, Page 19
Height Limit
2.6.4.
The maximum permitted height is established in the underlying Zone, Subzone,
Legacy Exception Overlay, Exception Overlay or provision, in metres and/or number
of storeys. Where height is established in both metres and storeys, this By-law is
interpreted to mean the lesser of the permitted height in both metres and storeys,
unless otherwise indicated. Height may also be shown in terms of height in metres
above sea level, indicated by the term 'a.s.l.' following the number in parenthesis.
Tables
2.6.5.
The Tables in Sections 8 to 19 inclusive present the principal zoning provisions for
permitted uses in each Zone. The permitted uses are listed, and the applicable
provisions are provided in the rows associated with each permitted use. The
columns provide the type of provision that is associated with the permitted use
associated with each row.
Additional Provisions
2.6.6.
Additional provisions are presented in conjunction with the permitted uses and
zoning provisions that are presented in the Tables with each Zone. The references to
an additional provision in the permitted uses and zoning provisions presented in the
Tables are indicated with small numbers in superscript adjacent to the upper right of
the large numbers in the Tables. In some cases where a number of additional
provisions may apply, the Table may include a note directing the reader to the
additional provisions below the Table.
Kingston Zoning By-Law Number 2022-62
Section 3: Definitions - Part 1, Page 20
Section 3: Definitions
3.1.
A
3.1.1.
Accessible Space means a designated parking space identified by prescribed
pavement markings and signage which is reserved for the exclusive use of persons
with disabilities.
3.1.2.
Accessible Aisle means a designated area immediately adjacent to one or two
accessible spaces, which provides access to and from the accessible spaces.
3.1.3.
Accessory means subordinate and naturally, customarily and normally incidental to
and exclusively devoted to a principal use or building, and located on the same
lot.
3.1.3.A.
Accessory House means an accessory building that is used for the purpose of one
dwelling unit, which is accessory to a house, semi-detached house, or
townhouse in the urban area.
(By-Law Number 2022-62; 2024-332)
3.1.4.
Additional Rural Unit means a dwelling unit, which is accessory to a principal
dwelling unit in the rural area, and is located on the same lot as the principal
dwelling unit. An additional rural unit is either a second rural unit or a third
rural unit.
(By-Law Number 2022-62; 2024-332)
3.1.5.
Affordable Unit means:
For affordable rental housing, a dwelling unit intended for use as a rented
residential premises for which:
1.
The rent is no greater than the lesser of:
(a)
the income-based affordable rent for the dwelling unit set out in the
"Affordable Residential Units for the Purposes of the Development
Charges Act, 1997", as it is amended from time to time; or
(b) the average market rent identified for the dwelling unit set out in the
"Affordable Residential Units for the Purposes of the Development
Charges Act, 1997", as it is amended from time to time; and
2.
The tenant is dealing at arm's length with the landlord; and
Kingston Zoning By-Law Number 2022-62
Section 3: Definitions - Part 1, Page 21
3.
The affordable unit is secured through an agreement registered on title of the
property during the affordability term requiring:
(a)
An affordability term set for a minimum of 20 years; and
(b) Following the initial occupancy, during the affordability term, the rent
must not increase by more than the annual Residential Tenancies Act
guideline increase.
For affordable ownership housing, a dwelling unit not intended for use as a rented
residential premises for which:
1.
The price is no greater than the lesser of:
(a)
the income-based affordable purchase price for the dwelling unit (in the
year in which the unit is sold) set out in the "Affordable Residential Units
for the Purposes of the Development Charges Act, 1997", as it is amended
from time to time; or
(b) 90% of the average purchase price identified for the dwelling unit (in the
year in which the unit is sold) set out in the "Affordable Residential Units
for the Purposes of the Development Charges Act, 1997", as it is amended
from time to time; and
2.
The tenant is dealing at arm's length with the landlord.
(By-Law Number 2022-62; 2024-332)
3.1.6.
Agricultural Sales Establishment means the use of any lot or building having as
its principal use the storage and display of agricultural implements for sale, rent, or
lease and may include facilities for the repair and maintenance of such implements
as an accessory use.
3.1.7.
Agricultural Use means the use of any lot or building for the growing of crops,
including nursery, biomass, and horticultural crops; raising of livestock; raising of
other animals for food, fur, or fibre, including poultry and fish; aquaculture; apiaries;
agro-forestry; maple syrup production; and riding stables, including, but not limited
to livestock facilities, manure storages, value-retaining facilities; or other
agricultural activities such as the packaging, selling, sorting or storage of goods
grown or raised on the lands.
(By-Law Number 2022-62; 2024-332)
Kingston Zoning By-Law Number 2022-62
Section 3: Definitions - Part 1, Page 22
3.1.8.
Agriculture-Related Use means the use of any lot or building for farm-related
commercial and/or farm-related industrial uses that are directly related to
agricultural uses in the area, support agricultural uses, benefit from being in close
proximity to agricultural uses and provide direct products and/or services to
agricultural uses as a primary activity. Examples of agriculture-related uses may
include, but are not limited to
1.
Storage and distribution centres serving farm operations in the area;
2.
Farmers markets primarily selling locally grown products;
3.
Processing of produce grown in the area (for example, cider-making, or the
canning, quick-freezing and packing of food);
4.
Grain dryers;
5.
Agricultural research centres;
6.
Wineries using locally grown grapes;
7.
Abattoirs for processing and selling meat from animals raised in the area;
8.
Flour mills for locally grown grain;
9.
Farm equipment repair stores;
10. Livestock assembly yards or stock yards;
11. Agricultural auction grounds; and
12. Farm supplier store (for example, feed, seeds, fertilizer).
3.1.9.
Agri-tourism means the use of any lot or building which is complementary to a
principal agricultural use on a lot and which provides education and active
activities to experience and enjoy the agricultural way of life in the rural area. Such
activities may include farm machinery and equipment exhibitions, farm-tours,
petting zoos, corn mazes, hayrides, sleigh rides, processing demonstrations, pick
your own produce/products, farm themed playgrounds, educational facilities that
focus on farming instruction or other similar activities. Agri-tourism may include
accessory retail sales, but excludes restaurants and all other uses that are
considered under the broader on-farm diversified use definition.
3.1.10.
Airport Facilities means all facilities related to aircraft landing and take-off,
including runways, taxiways, aprons, hangars and navigational aids. Facilities may
Kingston Zoning By-Law Number 2022-62
Section 3: Definitions - Part 1, Page 23
also include terminals, maintenance, warehousing, manufacturing, distribution,
aviation based research and development, training, communications, environmental
reporting, aviation-related retail commercial, charter operations, air courier service,
management or other related operations of the airport or airport-related tenants
and may include automobile rental, retail stores, food concessions and restaurants
as accessory uses.
3.1.11.
Amenity Area means an area exterior to a residential building, or an interior area
common to all dwelling units within a residential building, which is designed and
intended primarily for the leisure and recreation of the occupants of the building.
3.1.12.
Angular Plane means an imaginary upwardly inclined plane set at an angle to the
horizontal, commencing either at intersection with a vertical plane, such as a build-
to-plane, at a prescribed elevation above grade, which may coincide with a storey
or a distance from grade, or at grade, which may coincide with a lot line.
3.1.13.
Animal Care means the use of any lot or building for medical, grooming, training
or similar services for animals, but does not include a kennel or an animal shelter.
3.1.14.
Animal Shelter means the use of any lot or building for the care of lost,
abandoned or neglected animals and operated by a public authority or semi-public
authority or by a not-for-profit organization.
3.1.15.
Apartment Building means a multi-unit residential building that is not otherwise
defined in this By-law. Apartment building also includes development with
multiple multi-unit residential buildings on one lot, such as multiple townhouses
or stacked townhouses when they are located on one lot.
(By-Law Number 2022-62; 2024-332)
3.1.15.A. Arm's Length has the same meaning as arm's length in section 251 of the Income
Tax Act (Canada) with necessary modifications.;
(By-Law Number 2022-62; 2024-332)
3.1.16.
Attic means uninhabitable space between the roof and the ceiling of the top storey
or between a partial wall and a sloping roof.
3.1.17.
Automobile Body Shop means the use of any lot or building for the painting
and/or repairing of the exterior and/or the undercarriage of motor vehicle bodies,
but does not include a salvage yard.
3.1.18.
Automobile Repair Shop means the use of any lot or building for the servicing
and repair of motor vehicles that may also be operated in conjunction with a
Kingston Zoning By-Law Number 2022-62
Section 3: Definitions - Part 1, Page 24
towing service and other similar uses, including the sale of the required
components.
3.1.19.
Automobile Sales Establishment means the use of any lot or building for the
display and sale of new or used motor vehicles and may include accessory uses,
including outdoor storage for the display and sale of motor vehicles, the servicing
and repair of motor vehicles, an automobile body shop, the sale of motor vehicle
parts and products and the leasing or renting of motor vehicles.
(By-Law Number 2022-62; 2024-332)
3.2.
B
3.2.1.
Bachelor Dwelling Unit means a dwelling unit within which the common areas
and areas intended for sleeping are combined into a single room. For the purpose
of this By-law, a bachelor dwelling unit is deemed to contain one bedroom.
3.2.2.
Backyard Hen means a female chicken that is at least four months old and is
subject to a hen coop permit issued in accordance with the Animal Control By-law.
3.2.3.
Backyard Hen Coop means an accessory building where backyard hens are kept
and which is constructed in accordance with the Animal Control By-law and contains
lockable roofs and doors.
3.2.4.
Backyard Hen Run means a secure building attached to a backyard hen coop that
allows backyard hens to access outside.
3.2.5.
Balcony means an unenclosed or partially enclosed platform that is attached to and
only directly accessible from within a building and is located above the first storey.
A balcony includes associated guards, fencing, walls, visual screen and other
associated features.
3.2.6.
Banquet Hall means the use of any lot or building in which facilities are provided
for the gathering of people for the purpose of catering to banquets, weddings,
receptions or similar functions for which food and beverages are prepared and
served, but excludes a restaurant.
3.2.7.
Basement means that portion of a building where the ceiling is less than 1.0 metre
above finished grade.
3.2.8.
Basement Storey means a storey that is located below the first storey.
Kingston Zoning By-Law Number 2022-62
Section 3: Definitions - Part 1, Page 25
3.2.9.
Bay Window means a window that projects outward from an exterior wall of a
building but does not include any gross floor area of the dwelling unit.
3.2.10.
Bedroom means any room in a dwelling unit that is not:
1.
A common area, being:
(a)
A living room open to all occupants of the unit; or
(b) A dining room open to all occupants of the unit;
2.
An area used for sanitary purposes, such as a washroom;
3.
An area used for cooking purposes, such as a kitchen;
4.
An area occupied solely by mechanical equipment, such as furnaces, hot water
heaters, or laundry equipment;
5.
A circulation space, such as a stairway or hallway;
6.
A room less than 6 square metres in area where there are built-in cabinets
and/or closets;
7.
A room less than 7 square metres in area where there are no built-in cabinets
and/or closets; or
8.
A room without a window or similar alternative source of natural light when
the door is closed.
3.2.11.
Bike Space means an unobstructed area that is designed to be used for the parking
or storage of one bicycle.
3.2.12.
Block means an area of land comprised of one or more lots that is bounded on all
sides by a street.
3.2.13.
Building means anything that is comprised of components joined together and that
stands more or less permanently in one place. A building includes all components
such as walls, roof, floors, structural systems, columns, plumbing, fixtures, service
systems, private sewage systems, decks, porches, canopies, architectural features,
chimneys, mechanical systems and any component that is attached to a building.
The following are considered to be buildings:
1.
A shipping container, sea can or similar storage container when placed on the
ground for any purpose other than loading and unloading a shipment in
Kingston Zoning By-Law Number 2022-62
Section 3: Definitions - Part 1, Page 26
conjunction with an industrial or commercial use for up to maximum of 28
consecutive calendar days.
(By-Law Number 2022-62; 2024-332)
3.2.14.
Building Depth means the horizontal distance between the required front setback
and the principal building's rear wall, measured perpendicular to the front
setback.
3.2.15.
Building Frontage means the building façade that fronts on a street line where
access to the building is available.
3.2.16.
Building Supply Store means the use of any lot or building for the retail sale or
rental of equipment, construction supplies and accessories, including outdoor
storage of building materials, which may include: lumber; millwork; cement; siding;
roofing; plumbing or electrical supplies; heating, cooling or ventilation supplies;
fireplaces; windows; paints; wall coverings; and floor coverings.
3.2.17.
Build-to-Plane means a vertical plane which runs parallel to, and at a specified
distance from, a street line. The location of the build-to-plane is established by
measuring from, and perpendicular to, the street line to the nearest part of any
main wall of any building on a lot.
3.2.18.
Bunkhouse means a detached accessory building that is designed to provide
seasonal sleeping accommodations and which may contain a washroom, but does
not contain a kitchen.
3.3.
C
3.3.1.
Cabin means a building intended only for seasonal accommodation and which may
contain a washroom or a kitchen or both.
3.3.2.
Campground means the use of any lot or building for providing overnight or short
term accommodation for recreational vehicles, travel trailers, motor homes, and
tents, but not a mobile home, and includes accessory services and facilities
normally incidental and subordinate to such a use including common washroom
lavatory and bathing facilities, indoor and/or outdoor recreation areas, picnic areas
and an entrance kiosk.
3.3.3.
Call Centre means the use of any lot or building established to transmit or receive
a high volume of phone calls to provide technical support, customer service, sales or
similar client services.
Kingston Zoning By-Law Number 2022-62
Section 3: Definitions - Part 1, Page 27
3.3.4.
Canopy means a roof-like architectural feature projecting more than 0.3 metres
from the exterior face of a building.
3.3.5.
Car-share means the practice where a number of people share the use of one or
more cars that are owned by a car-sharing organization and where such
organization may require that the use of cars be reserved in advance, charge fees
based on time and/or kilometers driven, and set membership requirements of the
car-sharing organization.
3.3.6.
Car-share Space means a parking space that is reserved for the exclusive use of a
car-share vehicle.
3.3.7.
Carwash means the use of any lot or building for the washing of one or more
vehicles at any one time.
3.3.8.
Casino Gaming Facility means the use of any lot or building for the purpose of
providing slot machine or table game wagering or betting, authorized and licensed
by the Province of Ontario.
3.3.9.
Cataraqui Source Protection Plan means the Cataraqui Source Protection Plan
developed under the Clean Water Act, 2006, S.O. 2006, c.22, or any successor
documents that implement the source protection plan requirements of the Clean
Water Act.
3.3.10.
Catering Service means the use of any lot or building for the preparation of meals
in full or in part for consumption at a location other than the premises in which the
meal is prepared.
3.3.11.
Cemetery means the use of any lot or building, or part thereof for the interment of
human remains and which may include a crematorium, mausoleum, or columbarium
as licensed under the Funeral, Burial and Cremation Services Act, 2002, S.O. 2002, c.
33.
3.3.12.
Centre Line means an imaginary line which equally divides the width of a right-of-
way allowance, including a street.
3.3.13.
Chief Building Official means the municipal official appointed pursuant to the
Building Code Act, 1992, S.O. 1992, c. 23 and includes their authorized
representatives.
3.3.14.
City means the Corporation of the City of Kingston.
Kingston Zoning By-Law Number 2022-62
Section 3: Definitions - Part 1, Page 28
3.3.15.
Classroom means a room primarily used for scheduled teaching purposes which
does not require special equipment of a kind that makes the room unsuitable for
general instruction (for example laboratory, benches).
3.3.16.
Club means the use of any lot or building by clubs, groups, or organizations for the
purposes of providing for meeting places, social functions, and regular membership
gatherings.
3.3.17.
Commercial Motor Vehicle means any vehicle which displays commercial lettering
or commercial licence plates and also includes construction equipment, which is
self-propelled or designed to be towed, a taxi, a delivery vehicle, and a driving
school vehicle, in addition to any "commercial motor vehicle" as defined under the
Highway Traffic Act, R.S.O. 1990, c. H.8.
3.3.18.
Commercial Parking Lot means the principal use of any lot or building for the
parking of motor vehicles, with or without a fee being charged. Commercial
parking lot includes drive aisles, parking spaces and components necessary to
support the use, and excludes any area where motor vehicles for sale or repair are
kept or stored.
3.3.19.
Common Element means a lot or building forming part of the common elements
of a Plan of Condominium pursuant to the Condominium Act, 1998. Common
elements may include private roads, common walkways, common sidewalks and
common amenity areas within a Plan of Condominium.
3.3.20.
Community Garden means the use of any lot or building managed and
maintained by a group of individuals for the purpose of cultivation of plants for
personal use or consumption and includes other forms of urban agriculture such as
tree planting projects or similar uses. Permitted accessory uses include the sale or
donation of produce grown in the community garden.
3.3.21.
Community Centre means the use of any lot or building where members of the
public are provided with health services, social support services, cultural, social or
recreational programs or life/work skills training programs and where neither
overnight care nor living accommodation is available. A day care centre is a
permitted accessory use to a community centre.
3.3.22.
Complementary Use means the use of any lot or building which is separate from
the principal use of the lot, the principal use of an adjacent lot or a lot within the
same Zone or Zone category and is not subordinate or incidental to such use, but is
a use which provides support and services to the principal use on the subject lot,
adjacent lot or lot within the same Zone or Zone category.
Kingston Zoning By-Law Number 2022-62
Section 3: Definitions - Part 1, Page 29
3.3.23.
Conference Centre means the use of any lot or building where the primary focus is
to host large gatherings for specific events such as conferences, conventions,
exhibitions, seminars, workshops, rallies, trade shows, specific day retail sales and
may include banquet halls, meeting rooms, restaurants, theatres or a hotel where
they support the primary focus of hosting large gatherings.
3.3.24.
Conservation Use means the use of any lot for the protection of natural heritage
features for the purpose of long-term protection of the natural heritage resource.
3.3.25.
Construct means to do anything in the erection, installation, extension or alteration
or repair of a building and includes the installation of a building unit fabricated or
moved from elsewhere.
3.3.26.
Contractor's Yard means the use of any lot or building by a construction
company, landscaper, or contractor for the storage and maintenance of equipment
and materials used or rented by the contractor or company, and includes facilities
for the administration or management of the business and the stockpiling or
storage of supplies used by the business.
3.3.27.
Convert means to change the use of an existing lot or building, or a part thereof,
to another use.
3.3.28.
Co-Living Unit means the use of a building intended for residential
accommodation where private bedrooms and/or living spaces share the use of one
common kitchen and may share common washroom facilities or living spaces.
3.3.29.
Cornice means an exterior horizontal projection or ornamental moulding along the
top of a building, wall, arch or column.
3.3.30.
Corner Lot means a lot situated at the intersection of and abutting two or more
streets, or parts of the same street, where the inside angle of intersection or
projected angle at the intersection of the tangents of the street lines is less than
135 degrees, except lots at the start of cul-de-sacs where the angle may exceed 135
degrees. [Note: See Diagram 3.12.17.]
3.3.31.
Correctional College means the use of any lot or building for the training of
correctional service staff.
3.3.32.
Correctional Institution means the use of any lot or building for a correctional
institution as defined by the Ministry of Correctional Services Act, R.S.O. 1990, c.
M.22.
3.3.33.
Council means the Municipal Council of the Corporation of the City of Kingston.
Kingston Zoning By-Law Number 2022-62
Section 3: Definitions - Part 1, Page 30
3.3.34.
Creativity Centre means the use of any lot or building as the workplace of a
photographer, artist, craftsperson or any other similar creative field, and includes
galleries for the display of art for viewing and purchase, and any accessory
instruction facilities where such creative field is taught.
3.4.
D
3.4.1.
Day Care Centre means the use of any lot or building licensed pursuant to the
Child Care and Early Years Act, 2014, S.O. 2014, c.11, Sched. 1, for the purpose of
providing temporary care for or supervision of children for a child's safety, well-
being or development, in the absence of the child's parent or guardian and for a
continuous period that does not exceed 24 hours. A day care centre may also
include care offered or supplied on a regular schedule to adults for a portion of a
day, but which does not provide overnight accommodation.
3.4.2.
Deck means a building component that is an uncovered and unenclosed or
partially enclosed platform, which may or may not be attached to one or more walls
of a building. A deck includes its associated guards, fencing, walls, visual screens,
stairs and other associated features. A deck may or may not have a foundation.
3.4.3.
Density means the ratio of the number of bedrooms, dwelling units or co-living
units to one net developable hectare of lot area or per lot.
3.4.4.
Department Store means the use of any lot or building that sells several lines of
merchandise, which may include two or more of the following lines of merchandise,
where no one particular line comprises the primary offering: apparel, jewelry,
cosmetics and toiletries, furniture, home furnishings, appliances, electronics,
sporting goods, toys, photo equipment, hardware, auto accessories, and other
household goods and services. Accessory uses to a department store include, but
are not limited to, a garden centre.
3.4.5.
Develop or Development means to:
1.
Create a new lot;
2.
Create a new use;
3.
Convert to a different use;
4.
Alter landscaped open space, a landscaped berm, a planting strip or any
other landscaping feature required pursuant to this By-law;
Kingston Zoning By-Law Number 2022-62
Section 3: Definitions - Part 1, Page 31
5.
Construct driveways, drive aisles, parking spaces, parking lots or loading
spaces on a lot; and
6.
Alter, enlarge, erect, build, construct, reconstruct, relocate, renovate or restore
buildings or parts thereof;
Develop or development does not include:
7.
Activities that create or maintain infrastructure authorized under an
environmental assessment process;
8.
Works subject to the Drainage Act, R.S.O. 1990, c. D.17; or,
9.
Underground or surface mining of minerals or advanced exploration on mining
lands in significant areas of mineral potential where advanced exploration has
the same meaning as under the Mining Act, R.S.O. 1990, c. M.14.
3.4.6.
Director means the City's Director, Planning Services, or their designate, or in the
event of organizational changes, the Director of the appropriately titled department.
3.4.7.
Ditch means a small to moderate excavation created to channel water.
3.4.8.
Dormer means a roofed building component, often containing a window, that
pierces through the plane of a sloping roof.
3.4.9.
Drive Aisle means an internal roadway immediately adjacent to a parking space in
a parking lot which provides vehicular access to 2 or more parking spaces, except
for tandem parking spaces, and is not a driveway.
3.4.10.
Drive-Through means a building component that provides or dispenses products
or services through an attendant or a window or an automated machine to patrons
remaining in motor vehicles, including associated stacking lane, speaker system,
microphone system, signage, order board or other similar facilities, but does not
include a service station or carwash.
3.4.11.
Driveway means a defined area providing access for motor vehicles from a street
to facilities such as a parking lot, commercial parking lot, parking space, loading
space, private garage, but excludes a drive aisle.
3.4.12.
Reserved
(By-Law Number 2022-62; 2024-332)
Kingston Zoning By-Law Number 2022-62
Section 3: Definitions - Part 1, Page 32
3.4.13.
Dwelling Unit means the use of a building, comprised of one or more habitable
rooms designed to provide at least one washroom and kitchen for residential
accommodation. This definition may include a short term rental as defined in the
Short Term Rental By-law where it is comprised of one or more habitable rooms
designed to provide at least one washroom and kitchen for residential
accommodation. This definition excludes bunkhouses, recreational vehicles, travel
trailers, tent trailers or motor homes.
3.5.
E
3.5.1.
Effective Ratio means a theoretical ratio that is established for a given use or
building, which is used as the basis for calculating the required number of
accessible spaces to be provided on a lot.
3.5.2.
Elementary School means the use of any lot or building for academic instruction
typically offered from kindergarten to grade 8 including public, private or separate
schools, but does not include a training facility. Permitted accessory uses include
day care centres.
3.5.3.
Electric Vehicle means a motor vehicle that uses electricity for propulsion, and that
can use an external source of electricity to charge the vehicle's batteries.
3.5.4.
Electric Vehicle Ready means a parking space designed and constructed to be
ready for the future installation of electric vehicle supply equipment through the
installation of conduits that enable the installation of electrical components in the
future or through other similar means.
3.5.5.
Electric Vehicle Supply Equipment means a complete assembly consisting of
conductors, connectors, devices, apparatus, and fittings installed specifically for the
purpose of power transfer and information exchange between a branch electric
circuit and an electric vehicle.
3.5.6.
End-of-Trip Bike Facility means a dedicated area in a non-residential building
where showers, clothing lockers and private change rooms are provided for cyclists.
3.5.7.
Entertainment Establishment means the use of any lot or building for the
provision of entertainment or amusement without the necessity of active
participation by the user and includes such uses as an arena, movie theatre, cinema,
concert hall, playhouse, arcade and bingo, or similar use when the principal focus of
the use is spectating for entertainment.
Kingston Zoning By-Law Number 2022-62
Section 3: Definitions - Part 1, Page 33
3.5.8.
Equipment Rental means the use of any lot or building providing machinery,
equipment and tools for rent at a limited period of time, mainly to construction
contractors but also to industry and individual consumers.
3.5.9.
Exterior Lot Line means the lot line, other than a front lot line, of a corner lot
which abuts a street. [Note: See Diagram 3.12.17.]
3.5.10.
Exterior Setback means the setback between the exterior lot line and the nearest
part of any building on the lot. [Note: See Diagram 3.19.8.]
3.5.11.
Exterior Yard means a yard extending from the front yard to the rear yard
between the exterior lot line and a building on the lot. [Note: See Diagram 3.19.8.]
3.6.
F
3.6.1.
Factory Outlet means the use of any lot or building as an accessory to a
manufacturing use offering goods for sale which are manufactured entirely on the
same lot as the factory outlet.
3.6.2.
Fairgrounds means the use of any lot or building where fairs, circuses or
exhibitions are held primarily outdoors, and includes any accessory and temporary
buildings.
3.6.3.
Feedmill means the use of any lot or building as a commercial or industrial scale
mill for the processing, blending, grinding and mixing of grains, seeds and
concentrates.
3.6.4.
Fence means a physical barrier or partition made of wood, metal or other substance
that is constructed for any purpose, such as marking the boundary of a property,
enclosing a property, providing privacy, preventing access by people or animals, or
dividing a property into sections, and includes every door, gate and other closure
that forms part of a fence, and which may be regulated by the City of Kingston By-
law Number 2003-405, A By-law to Regulate Fences, or any successor legislation.
3.6.5.
Ferry Terminal means the use of any lot or building for the docking of ferry boats
which may carry persons, cargo, motor vehicles or other vehicles across a
waterbody, including accessory administrative offices, food concessions, retail
stores or other similar uses.
3.6.6.
Financial Institution means the use of any lot or building wherein money
management services are provided and includes a bank, trust company, credit
3.6.5. Ferry Terminal means the use of any lot or building for the docking of ferry boats which may carry
persons, cargo, motor vehicles or other vehicles across a waterbody, including accessory administrative
offices, food concessions, retail stores or other similar uses.
3.6.6. Financial Institution means the use of any lot or building wherein money management
services are provided and includes a bank, trust company, credit
Kingston Zoning By-Law Number 2022-62
Section 3: Definitions - Part 1, Page 34
union, financial company, mortgage company, loan company, cheque cashing
company, or investment company.
3.6.7.
Finished Grade means the average elevation of the ground surface at the base of
the main wall, measured at the four most distant points representing the outermost
corners of the building.
When used in reference to a round building or another building that does not have
corners, means the average elevation of the ground surface at the base of the
building, measured around the perimeter.
3.6.8.
First Storey means the storey with its floor closest to finished grade and which has
a floor level that is located at or above finished grade.
3.6.9.
Fitness Centre means the use of any lot or building in which facilities are provided
for fitness or athletic activities such as body-building, endurance training, yoga,
exercise and fitness classes, or other similar uses where the principal focus is fitness.
Fitness centres may include associated facilities such as a sauna, a swimming pool
and a solarium and accessory uses such as a food concession and retail store.
3.6.10.
Flat Roof means a roof where at least 50% of the area of the roof, when viewed
from a horizontal plane, has a pitch less than 10 degrees from the horizontal.
3.6.11.
Floodplain means the area, usually lowlands, adjoining a waterbody and which has
been or may be subject to flooding hazards as defined by the Cataraqui Region
Conservation Authority and as identified as "Floodplain" on Schedule A.
3.6.12.
Floor Space Index means the gross floor area of all buildings on a lot divided by
the lot area. "FSI" means floor space index.
3.6.13.
Food Truck means the use of any lot for a vehicle, whether motorized or manually
propelled, from which refreshments and/or food are sold for public consumption,
including carts, wagons, trailers and motor vehicles.
3.6.14.
Forestry Use means the use of any lot or building for raising and harvesting of
trees, including the raising and cutting of fuel wood, pulp, wood, lumber, Christmas
trees and other products, but excludes a garden centre or building product outlet.
3.6.15.
Former Zoning By-law means:
1.
By-law Number 3078 of the former City of Kingston, as amended;
2.
By-law Number 9087A of the former City of Kingston, as amended;
Kingston Zoning By-Law Number 2022-62
Section 3: Definitions - Part 1, Page 35
3.
By-law Number 8950 of the former City of Kingston, as amended;
4.
By-law Number 541 of the former Township of Kingston, as amended;
5.
By-law Number 3077 of the former City of Kingston, as amended;
6.
By-law Number 8499 ("8499") of the former City of Kingston, as amended;
7.
By-law Number 96-259 ("96-259") of the former City of Kingston, as amended;
8.
By-law Number 76-26 ("76-26") of the former Township of Kingston, as
amended;
9.
By-law Number 97-102 ("97-259") of the former Township of Kingston, as
amended; and
10. By-law Number 32-74 ("32-74") of the former Township of Pittsburgh, as
amended.
3.6.16.
Freehold means a lot or building where the ownership does not include any
common element.
3.6.17.
Front Lot Line means, in the case of an interior lot, the line dividing the lot from
the street. Where an interior lot includes more than one lot line separating the lot
from the street, including straight and/or curved portions of a lot line, all lot lines
separating the lot from the street are the front lot line.
In the case of a corner lot, the shorter lot line abutting a street is deemed the
front lot line and the longer lot line abutting a street is deemed an exterior lot
line. Where a corner lot includes a front lot line and exterior lot line that do not
intersect at one point (for example, a rounded or chamfered area), the front lot line
must be measured using the hypothetical point of intersection of the extension of
the front lot line and the extension of the exterior lot line. Any portions of lot
lines that form part of an irregular corner, such as rounded or chamfered lot lines,
are not considered front lot lines or exterior lot lines.
In the case of a corner lot which is also a through lot, the front lot line is the lot
line opposite to a lot line that does not abut a street.
In the case of a through lot or a corner lot whose street lines are the same length,
the lot line where the principal vehicular access to the lot is provided is deemed to
be the front lot line.
Kingston Zoning By-Law Number 2022-62
Section 3: Definitions - Part 1, Page 36
In the case of a waterfront lot with no street line, the front lot line is the lot line
contiguous with the waterbody. In the case of a waterfront lot with a street line,
the front lot line is the street line.
In the case of one lot that occupies an entire block, every lot line is a front lot
line.
Where an existing lot does not have a lot line which is also a street line, the lot
line which is closest to and most parallel to the nearest street line is considered the
front lot line. [Note: See Diagram 3.12.17.]
3.6.18.
Front Setback means the setback between the front lot line and the nearest part
of any building on the lot.
Where a corner lot includes a front lot line and exterior lot line that do not
intersect at one point, the front setback must be determined by measuring the
hypothetical point of intersection of the extension of the front lot line and the
extension of the exterior lot line. [Note: See Diagram 3.19.8.]
3.6.19.
Front Yard means a yard extending across the full width of the lot between the
front lot line and a principal building on the lot. Where the main wall facing the
front lot line is not parallel to the front lot line, the front yard is projected as a
linear extension of the main wall to the lot lines. [Note: See Diagram 3.19.8.]
(By-Law Number 2022-62; 2024-332)
3.6.20.
Funeral Establishment means the use of any lot or building established for the
purpose of temporarily placing human remains and cremated human remains, so
that persons may attend and pay their respects.
3.7.
G
3.7.1.
Garage Sale means the use of any lot or building for the sale of household goods
by an occupant of a dwelling unit, on the same lot as the dwelling unit.
3.7.2.
Garden Centre means the use of any lot or building for the retail sale of trees,
shrubs or plants, and which may include the accessory sale of soil, planting
materials, fertilizers, lawn and garden tools, ornaments, and similar materials.
3.7.3.
Gasoline Pump means a building for the dispensing of vehicle fuels including
gasoline, diesel, propane and natural gas but does not include a kiosk or any other
accessory building.
Kingston Zoning By-Law Number 2022-62
Section 3: Definitions - Part 1, Page 37
3.7.4.
Reserved
(By-Law Number 2022-62; 2024-332)
3.7.5.
Golf Course means the use of any lot or building for the purpose of playing golf
and may include accessory uses such as a restaurant, food concession, driving
range, the sale or rental of golf equipment, or a banquet hall.
3.7.6.
Gravel Pit means the use of any lot or building for open excavation made for the
removal of any soil, earth, clay, marl, sand, gravel or unconsolidated rock or mineral
in order to supply material for construction, manufacturing or industrial purposes,
but excludes an excavation incidental to the development of a building for which a
building permit has been granted by the City, or an excavation incidental to the
construction of any public works. This definition includes a wayside pit or wayside
quarry.
3.7.7.
Grocery Store means the use of any lot or building devoted to the sale of
perishable and non-perishable food including baked goods, fruits and vegetables,
meat or butcher products and dairy products and may include an accessory food
concession, delicatessen and retail store.
3.7.8.
Gross Floor Area means the total floor area of all floors of a building above
finished grade, measured between the outside of the exterior walls or between the
outside of exterior walls and the centre line of party walls dividing the building from
another building, but excluding:
1.
Areas of enclosed malls used as a common area between stores;
2.
Areas used for mechanical equipment, electrical equipment or similar service
areas such as garbage or recycling rooms;
3.
Areas used for stairways and elevator shafts;
4.
Areas used as storage lockers;
5.
Areas used for loading spaces, bike spaces and parking spaces;
6.
Any floor area with a floor to ceiling height of less than 1.8 metres;
7.
Area in an attic having headroom of 2.1 metres or less for at least half the
attic floor area, unless otherwise specified; and
8.
Balconies, porches, decks and mezzanines.
Kingston Zoning By-Law Number 2022-62
Section 3: Definitions - Part 1, Page 38
3.7.9.
Gross Leasable Area means the total area of all floors in a building or part of a
building usable for tenant occupancy and the tenants' exclusive use, including
basements, mezzanines and integral storage areas, measured from the centre line
of joint partitions and from outside wall faces, but not including public or common
areas, such as parking spaces and parking lots, walls, corridors, stairways, elevators
or machine or equipment rooms.
3.7.10.
Group Home means the use of a lot or building to provide supervised living
accommodation as per the requirements of its residents, licensed and/or funded by
the Province of Ontario or the Government of Canada, generally limited to 10
persons or fewer, exclusive of staff, living together as a single housekeeping unit.
For the purpose of this By-law, a group home is considered to be a dwelling unit.
3.8.
H
3.8.1.
Habitable Room means any room in a dwelling unit that is capable of being used
by one or more persons for living, sleeping, eating, food preparation or sanitation
and includes a bedroom.
3.8.2.
Habitation Unit means the use of a residential building or mixed use building
associated with a post-secondary institution intended for residential
accommodation by one person. A habitation unit may be located within a co-
living unit or dwelling unit.
3.8.3.
Heavy Equipment or Truck Repair Shop the use of a lot or building for the repair
or servicing of heavy equipment or trucks and may include accessory uses such as
wash facilities and driver services.
3.8.4.
Heavy Industrial Use the use of a lot or building for:
1.
Production, manufacture, fabrication, assembly, or similar processes, where the
process(es) have an elevated probability of fugitive emissions such as noise,
odour, dust or vibration, including where one or more process(es) occurs
outside of a building; and/or
2.
Production or use or storage of flammable, explosive or other hazardous
materials.
3.8.5.
Height, when used in reference to an accessory building, mixed use building,
apartment building or a building with non-residential uses, means the vertical
distance measured from finished grade to the highest point of the building.
Kingston Zoning By-Law Number 2022-62
Section 3: Definitions - Part 1, Page 39
When used in reference to any feature that is not a building, means the vertical
distance from the ground surface at the base of the feature to the highest point of
the feature.
When used in reference to the first storey, means the vertical distance measured
from finished grade to the top of the ceiling of the first storey.
For principal buildings with a residential use, excluding a mixed use building or
apartment building, means the vertical distance from finished grade to:
1.
In the case of a building with a flat roof, the highest point of the building;
2.
In the case of a sloped roof, the average level between the eaves and highest
point of the building; and
3.
For all other roof types, including a quonset hut or a dome, the highest point
of the building.
4.
For the purpose of this definition, a roof with a slope 60 degrees or more to
the horizontal and which is adjacent to occupied portions of a building is
considered to be a main wall. Where the soffit projects more than 0.5 metres
from the main wall on the horizontal, the slope is calculated at a point that is
0.5 metres from the main wall.
Kingston Zoning By-Law Number 2022-62
Section 3: Definitions - Part 1, Page 40
Diagram 3.8.5. - Roof with Slope of 60 Degrees or More
3.8.6.
Heritage Building means a building that is designated under the Ontario Heritage
Act, R.S.O. 1990, c. O.18, or that is certified to be of significant architectural or
historical value by a recognized, non-profit public organization whose primary
object is the preservation of structures of architectural or historical significance and
the certification has been accepted by the Chief Building Official.
3.8.7.
High Water Mark means the highest water level that has been maintained for a
sufficient duration (on an annual basis) as to leave physical evidence upon the
landscape marking the boundary between that water level and upland areas. The
boundary may be identified by:
1.
An examination of the bed and bank of the waterbody, to determine where
the presence and action of water has been so common and usual and long
continued in all ordinary years to mark upon the bed or bank a character
distinct from that of the abutting upland; and/or
2.
A distinction between either open water or dominant aquatic/wetland
vegetation, and dominant upland vegetation.
3.8.8.
Home Day Care means the use of a portion of a dwelling unit for the purpose of
providing temporary care for or supervision of children for a child's safety, well-
being or development, in the absence of the child's parent, for a continuous period
Kingston Zoning By-Law Number 2022-62
Section 3: Definitions - Part 1, Page 41
that does not exceed 24 hours, and in accordance with the Child Care and Early
Years Act.
3.8.9.
Home Office means the use of a portion of a dwelling unit, including an attached
private garage or a detached accessory building located on the same lot as the
dwelling unit, as an office space for a person residing in the dwelling unit where
no customers, clients or in-person meetings are conducted on the lot. Home office
includes remote-working and work from home arrangements where business is
conducted virtually or over the phone.
3.8.10.
Home Occupation means a use of a portion of a dwelling unit, including an
attached private garage or a detached accessory building located on the same lot
as the dwelling unit, as an occupation, business, trade, home day care or craft for a
person residing in the dwelling unit that is subordinate to the principal use of the
dwelling unit. Home occupation excludes a home office.
3.8.11.
Horizontal Bike Space means a bike space that is provided in a horizontal format,
excluding a stacked bike space.
3.8.12.
Hospital means the use of any lot or building that is established for the purposes
of the treatment of patients and that is approved as a public hospital under the
Public Hospitals Act, R.S.O. 1990, c. P.40 and may include a gift shop, cafeteria and
other similar accessory uses normally associated with a hospital.
3.8.13.
Hotel means the use of any lot or building for the temporary lodging of the
travelling public or for recreation purposes and may include a banquet hall,
meeting rooms, licensed lounge, restaurant, convenience store and gift shop as
accessory uses, but excludes any short term rental as defined in the Short Term
Rental By-law.
3.8.14.
House means a ground oriented residential building that is used for the purpose
one or more principal dwelling units on one lot. This includes, but is not limited to,
a house, rowhouse, tiny house, mobile home and other similar housing types.
House also includes buildings that are appear similar to a semi-detached house
and townhouse, when the entire building is located on one lot.
(By-Law Number 2022-62; 2024-332)
3.9.
I
3.9.1.
Industrial Repair Shop means the use of any lot or building for the repair of
industrial articles through the use of machining, welding or fabrication.
Kingston Zoning By-Law Number 2022-62
Section 3: Definitions - Part 1, Page 42
3.9.2.
Institutional Use means the use of any lot or building by any organization, group,
or association for government, religious, charitable, educational, benevolent, health
or welfare purposes and not for profit or gain, but does not include uses otherwise
defined herein.
3.9.3.
Intake Protection Zone means the area of land and water that contributes source
water to a drinking water system intake within a specified distance, period of flow
time (for example, two hours), and/or watershed area.
3.9.4.
Interior Lot means a lot other than a corner lot. [Note: See Diagram 3.12.17.]
3.9.5.
Interior Lot Line means a lot line, other than a rear lot line that does not abut a
street. [Note: See Diagram 3.12.17.]
3.9.6.
Interior Setback means the setback between the interior lot line and the nearest
part of any building on the lot. [Note: See Diagram 3.19.8.]
3.9.7.
Interior Yard means a yard extending from the front yard to the rear yard
between the interior lot line and a building on the lot. [Note: See Diagram 3.19.8.]
3.10.
J
3.10.1.
Reserved
3.11.
K
3.11.1.
Kennel means the principal use of any lot or building where the predominant
economic activity consists of day boarding, overnight boarding or breeding of
domestic household pets.
3.12.
L
3.12.1.
Laboratory means the use of any lot or building where experiments, tests or
investigations are conducted and/or where drugs, chemicals, or other substances or
articles pertinent to such experiments, tests or investigations are manufactured or
otherwise prepared for use on the lot. This definition excludes a research
establishment.
3.12.2.
Landscaped Berm means an outdoor area on a lot that has been designed for
safety purposes as an earthen berm with side slopes not steeper than 2.5 to 1,
adjoining and parallel to a railway right-of-way with returns at the ends.
Kingston Zoning By-Law Number 2022-62
Section 3: Definitions - Part 1, Page 43
3.12.3.
Landscaped Open Space means an outdoor area on a lot that is used for:
1.
Soft landscaping that allows water to permeate into the ground (vegetation
such as trees, shrubs, hedges, ornamental plantings, grass, groundcover or
other similar plantings);
2.
Hard landscaping (brick, gravel, pavers, rocks, stones, walkways, fences or
outdoor patios);
3.
Exterior stairs;
4.
Porches without a perimeter foundation;
5.
Decks without a perimeter foundation;
6.
Swimming pools; and
7.
An area above a private sewage system.
Landscaped Open Space excludes:
1.
Driveways, drive aisles, parking spaces, parking lots, loading spaces or
anywhere a vehicle is parked or driven;
2.
Decks or porches that have a perimeter foundation; and
3.
Any area beneath, above or within any building (excluding a private sewage
system).
3.12.4.
Laundry Store means the use of any lot or building for the purpose of receiving
articles or goods of fabric to be subjected to the process of dry cleaning, dry dyeing
or cleaning elsewhere and for the pressing and/or distribution of any such articles or
goods which have been subjected to any such process. A laundry store includes a
laundromat, where one or more clothes washing and drying machines are used.
3.12.5.
Library means the use of any lot or building for the collection of literary, artistic,
musical and similar reference materials in the form of books, manuscripts,
recordings and films for the purposes of study, reference and recreation.
3.12.6.
Light Industrial Use means the use of any lot or building for production,
processing, manufacturing, fabrication, assembly, or similar processes, including
those that are technologically advanced or innovative, within a self-contained
building where the processes have a low probability of fugitive emissions such as
Kingston Zoning By-Law Number 2022-62
Section 3: Definitions - Part 1, Page 44
noise, odour, dust or vibration. This definition does not include any other use
defined herein.
3.12.7.
Livestock means beef cattle, birds, dairy cattle, deer and elk, fur-bearing animals,
game animals, goats, horses, poultry, ratites, sheep, swine and other animals as
identified in minimum distance separation, but excludes backyard hens.
3.12.8.
Livestock Barns means one or more permanent buildings located on a lot which
are intended for housing livestock, and are structurally sound and reasonably
capable of housing livestock.
3.12.9.
Livestock Facility means the use of any lot or building for livestock barns and
manure storage, including all unoccupied livestock barns and unused manure
storage.
3.12.10. Loading Space means an unobstructed open, enclosed or partially enclosed area for
the purpose of loading or unloading vehicles in conjunction with a permitted use or
building on the same lot.
3.12.11. Long-term Bike Space means a bike space that is intended for use of an occupant
of a dwelling unit or employee of a business.
3.12.12. Lot means a single parcel, tract of land or parcel of tied land, in each case that may
be conveyed in compliance with the provisions of the Planning Act or the
Condominium Act, 1998, excluding a unit, as that term is defined in the
Condominium Act, 1998, or a common element. Where a lot is divided in a
stratified manner to allow for separate ownership of different levels of a building, it
is still considered to be one lot for the purpose of this By-law, with the lot lines that
exist at the level of the ground being the applicable boundaries for zoning
interpretation purposes.
(By-Law Number 2022-62; 2024-332)
3.12.13. Lot Area means the total surface area taken on a horizontal plane within all lot lines
of a lot, excluding:
1.
The area below the high water mark of a waterbody;
2.
Any lands which may be subject to the Floodplain Overlay;
3.
Any lands which have been or which will be dedicated to the City for public
streets, public sidewalks, public open space, parks or public community
facilities including, but not limited to libraries, fire stations, and recreation
facilities; and
Kingston Zoning By-Law Number 2022-62
Section 3: Definitions - Part 1, Page 45
4.
Any lands zoned Environmental Protection Area.
3.12.14. Lot Coverage means the percentage of the lot area covered by:
1.
A building;
2.
A deck that has a perimeter foundation; and
3.
A porch that has a perimeter foundation.
Lot Coverage excludes private sewage systems, uncovered steps, patios,
swimming pools, decks, porches, balconies and bay windows as well as canopies
and overhanging eaves which are 2.0 metres or more in height above the finished
grade.
3.12.15. Lot Depth means the horizontal distance between the front lot line and rear lot
line perpendicular to the front lot line. If the front lot line and rear lot line are not
parallel, lot depth means the length of a straight line joining the midpoint of the
front lot line with the midpoint of the rear lot line. If there is no rear lot line, lot
depth means the length of a straight line joining the midpoint of the front lot line
with intersection of the interior lot lines and/or exterior lot line.
3.12.16. Lot Frontage means the linear distance measured between the two points of
intersection of the interior lot lines and/or exterior lot lines with the front lot
line.
In the case of a pie-shaped or an irregularly shaped lot where the lot narrows at the
street line, lot frontage is the linear distance measured between two points on the
interior lot lines and/or exterior lot lines at a linear distance that is 6 metres from
the front lot line measured along the interior lot lines and/or exterior lot lines.
Where a corner lot includes a front lot line and interior lot line and/or exterior
lot line that do not intersect at one point, the interior lot line and/or exterior lot
line is deemed to extend to its hypothetical point of intersection with the extension
of the front lot line.;
(By-Law Number 2022-62; 2024-332)
3.12.17. Lot Line means a line delineating any legal boundary of a lot.
Kingston Zoning By-Law Number 2022-62
Section 3: Definitions - Part 1, Page 46
Diagram 3.12.17. - Lot Types and Lot Lines
3.12.18. Deleted
(By-Law Number 2022-62; 2024-332)
3.13.
M
3.13.1.
Main Wall means all portions of the exterior front, side and/or rear wall of a
building and all structural components of the exterior walls essential to support the
roof.
(By-Law Number 2022-62; 2024-332)
3.13.2.
Marina means the use of any lot or building as a commercial venture providing
transient and/or seasonal docking and mooring facilities where boats are berthed,
stored, serviced, repaired or launched. A marina may include a yacht club, land
based facilities for the winter storage of boats, boat servicing establishments, sale or
rental of boats and boat accessories, the sale of marine fuels and lubricants, waste
water pumping facilities, washroom and shower facilities, laundry store, boat
launching ramp, boat lift/boat lifting equipment, administrative offices and marine-
Kingston Zoning By-Law Number 2022-62
Section 3: Definitions - Part 1, Page 47
related instructional facilities. Accessory uses may include a restaurant or a hotel
that supports the marina.
3.13.3.
Marine Facility means an accessory building that is used for the purpose of taking
a boat into or out of a waterbody, or to moor, berth or store a boat and which
abuts a shoreline. This definition includes vertical storage for non-motorized boats, a
boat slip, boat launch ramp, boat lift, boat port, dock or marine railway and areas with
enclosed walls and a roof such as a boathouse. Marine facility excludes any building
used as a residential use, a general living area or sleeping accommodation.
3.13.4.
Mechanical Penthouse means an enclosed or partially enclosed building
component which houses mechanical, ventilation, electrical or other similar
equipment only, other than a bulkhead, sited on the roof of a building.
3.13.5.
Military Installation means the use of any lot or building for military purposes,
including armories, staff colleges, military dwelling units, training facilities,
administrative offices, dining areas, enclosed storage areas, residential
accommodation, recreation facilities or museums.
3.13.6.
Mineral Aggregate Operation means the use of any lot or building for purposes
that are under licence or permit in accordance with the Aggregate Resources Act,
R.S.O. 1990, c. A.8, including associated facilities used in extraction, transport,
beneficiation, processing or recycling of mineral aggregate resources and derived
products such as asphalt and concrete, or the production of secondary related
products, but does not include a wayside pit or wayside quarry.
3.13.7.
Minimum Distance Separation means formulae and guidelines developed by the
Province of Ontario, as amended from time to time, to separate uses so as to reduce
incompatibility concerns about odour from livestock facilities.
3.13.8.
Mixed Use Building means a building that is used for the purpose of one or more
dwelling units and one or more permitted non-residential uses.
3.13.9.
Mobile Home means a house containing one dwelling unit that is designed to be
made mobile, and constructed or manufactured to provide year-round living
accommodations, but does not include recreational vehicles, travel trailers, tent
trailers or motor homes. A mobile home may include porches or sunrooms as
accessory buildings.
(By-Law Number 2022-62; 2024-332)
Kingston Zoning By-Law Number 2022-62
Section 3: Definitions - Part 1, Page 48
3.13.10. Mobile Home Park means an area under single ownership and used exclusively for
the siting of mobile homes, with accessory commercial facilities and recreational
uses for residents, including any buildings in or on such mobile home park.
3.13.11. Model Home means a house, semi-detached house or townhouse used
temporarily for the purpose of an office and/or show room and/or sales centre to
promote the sale of residential units within a draft approved plan of subdivision
under the Planning Act or a description under the Condominium Act, 1998
proposed for registration.
3.13.12. Motor Vehicle means an automobile, motorcycle and motor-assisted bicycle unless
otherwise indicated in the Highway Traffic Act, R.S.O. 1990, c. H.8. and any other
vehicle propelled or driven otherwise than by muscular power, but does not include
trains or other motorized vehicles running only upon rails, or a motorized
snowmobile, boat, personal watercraft, trailer, camper, motor home, all-terrain
vehicle, traction engine, farm tractor or road-building machine, as defined in the
Highway Traffic Act.
3.13.13. Municipal Services means a lot that is serviced by both municipal water and
municipal sanitary sewer.
3.13.14. Museum means the use of any lot or building that is open to the public and in
which a collection of objects illustrating science, art, history or related types of
information is kept for display and storage. Museums may include retail stores and
food concessions as accessory uses.
3.14.
N
3.14.1.
Non-Residential Building means all buildings occupied by non-residential uses
only.
3.14.2.
Non-Residential Use means all uses that are not residential uses, excluding public
uses, parks, or any use in an Open Space Zone or EPA Zone.
3.15.
O
3.15.1.
Occasional Use means the use of any lot or building at limited and infrequent
intervals.
3.15.2.
Office means the use of any lot or building for conducting the affairs of
businesses, professions, services, media studios, industries, governments, or other
similar activities, in which the chief product of labour is the processing of
Kingston Zoning By-Law Number 2022-62
Section 3: Definitions - Part 1, Page 49
information rather than the production and distribution of goods. Office excludes a
wellness clinic.
3.15.3.
On-Farm Diversified Use means the use of any lot or building which is
complementary to the principal agricultural use on a lot. On-farm diversified
uses may include but are not limited to agri-tourism or other similar uses that
produce value-added agricultural products. Examples of on-farm diversified uses
may include, but are not limited to:
1.
Value-added uses that use feedstock from outside the surrounding agricultural
area (for example, processor, packager, winery, cheese factory, bakery abattoir);
2.
Office, creativity centre, personal service shop, day care centre that exceed
home occupation permissions;
3.
Sawmill, welding or woodworking shop, manufacturing/fabrication, equipment
repair that exceed home occupation permissions;
4.
Retail store; and
5.
Restaurant, tasting room or cooking classes.
3.15.4.
Outdoor Patio means a surfaced, open space of land at grade or on the roof of a
building which is used as an accessory extension of the principal commercial or
hospitality use of the lot or building.
3.15.5.
Outdoor Storage means the use of any lot, outside of a building, for the storage
of goods, materials and equipment or the display and sale of goods, materials and
equipment, outside of a building, but excludes a parking lot, a loading space, a
salvage yard or an outside area on a permitted agricultural use for the storage of
agricultural equipment.
3.16.
P
3.16.1.
Parapet means the low protective or ornamental wall above the cornice of a
building.
3.16.2.
Park means the use of any lot consisting largely of open space, which may include
outdoor recreational areas, sports fields, playgrounds, playfield, food concession,
beach, outdoor theatres, or other similar uses in a manner that is generally
accessible to the public.
Kingston Zoning By-Law Number 2022-62
Section 3: Definitions - Part 1, Page 50
3.16.3.
Parking Lot means the accessory use of any lot or building for the parking of
more than one motor vehicle in a configuration where a driveway is not in line
with and does not provide direct access to the parking space. Parking lot includes
drive aisles and parking spaces and excludes any area where motor vehicles for
sale or repair are kept or stored. Parking lot excludes tandem parking spaces that
are in line with and directly accessed from a driveway.
3.16.4.
Parking Structure means a building for the parking of four or more motor vehicles,
but excludes a private garage accessory to a house, semi-detached house, or
townhouse.
(By-Law Number 2022-62; 2024-332)
3.16.5.
Parking Space means an unobstructed area dedicated solely for the purpose of
parking of a motor vehicle with unimpeded access directly from a street, drive
aisle or driveway.
3.16.6.
Partial Services means a lot that is serviced by either municipal water or municipal
sanitary sewer, but not both.
3.16.7.
Passive Recreation means the use of an outdoor area of any lot for recreational
purposes such as walking, running, cycling, hiking, bird watching or other similar
activities. Sports fields and playgrounds are not considered passive recreation.
3.16.8.
Patio means a surfaced, open area of land at grade on a lot that is used for the
purpose of amenity and provided with a stable, hard surface treatment. Patio
excludes driveways, drive aisles, parking spaces, parking lots, loading spaces or
anywhere a vehicle is parked or driven.
3.16.9.
Person means any human being, association, firm, partnership, corporation, agent
or trustee, and their heirs, executors or other legal representatives of a person to
whom the context can apply according to the law.
3.16.10. Personal Service Shop means the use of any lot or building in which services
involving the care of persons or their apparel are offered and includes a barber,
hairdresser, beautician, aesthetician, tailor, dressmaker, shoemaker, tanning salon,
spa or similar service establishments as licensed by the City. The sale of
merchandise is only permitted as an accessory use to the principal service
provided.
3.16.11. Pigeon means a bird from the family Columbidae that is subject to a pigeon loft
permit issued in accordance with the Animal Control By-law.
Kingston Zoning By-Law Number 2022-62
Section 3: Definitions - Part 1, Page 51
3.16.12. Pigeon Loft means an accessory building where pigeons are kept.
3.16.13. Pipeline means a system of pipes, pumps, valves and control devices for the long-
distance transportation of oil or gas.
3.16.14. Place of Worship means the use of any lot or building for the regular assembly of
persons for the practice of religious worship, services, or rites.
3.16.15. Planning Act means the Planning Act, R.S.O. 1990, c. P.13.
3.16.16. Planting Strip means the area of a lot used or intended to be used for the sole
purpose of planting a row of trees or a continuous hedgerow of evergreens or
shrubs and may include supplementary planting of ornamental shrubs, flowering
shrubs, flower beds or a combination thereof.
3.16.17. Porch means a building component that is an unenclosed or partially enclosed
platform covered by a roof, and which is attached to a main wall of a building. A
porch includes all associated guards, fencing, walls, visual screens, columns, roof,
stairs and other associated features. A porch may or may not have a foundation.
3.16.18. Post-Secondary Institution means a university, college of applied arts and
technology or other post-secondary institution established pursuant to the Ministry
of Training, Colleges and Universities Act, R.S.O. 1990, c. M.19.
3.16.19. Principal means a main or primary purpose for which any lot is used. Principal
building means the building where a principal use is located.
3.16.20. Private Garage means a building which is designed or used for the sheltering of
vehicles and storage of household equipment accessory to the principal
residential use. A private garage includes a carport.
3.16.21. Private Services means a lot that is not serviced by municipal water or municipal
sanitary sewer.
3.16.22. Private Sewage System means a building that is a sewage system as defined in O.
Reg. 332/12 under the Building Code Act, 1992.
(By-Law Number 2022-62; 2024-332)
3.16.23. Private Street means a private right-of-way that is used by motor vehicles which
is not deeded to the City or any other public authority as a public right-of-way,
and which has been legally established through a plan of subdivision under the
Planning Act or a description under the Condominium Act, 1998.
Kingston Zoning By-Law Number 2022-62
Section 3: Definitions - Part 1, Page 52
A private right-of-way with deeded access for motor vehicles in an LSR Zone is
also considered to be a private street.
3.16.24. Production Studio means the use of any lot or building for producing
photography, live broadcasts, motion pictures, audio or video recordings or
transmissions or similar uses.
3.16.25. Public Authority means any Federal, Provincial, Regional or Municipal agency
including any commission, ministry, board authority, or department established by
such agency.
3.16.26. Public Market means the use of any lot or building where produce, meat, flowers,
fruit, crafts, paintings and other items, largely produced by the vendor, are sold to
the public at retail by vendors from individual stalls or stands.
3.16.27. Public Use means the use of any lot or building for a public service by a public
authority including the City, any conservation authority established by the Province
of Ontario, any utility company, or any railway company authorized under the
Canada Transportation Act, S.C. 1996 c. 10. Public use includes the use of any lot or
building owned by a public authority by any other third party, including where the
party is not a public authority, for any purpose authorized by the applicable public
authority.
3.17.
Q
3.17.1.
Reserved
3.18.
R
3.18.1.
Rear Lot Line means the lot line opposite to, and most distant from, the front lot
line. In the case of a pie shaped lot or a lot where there is no lot line opposite to,
and most distant from, the front lot line, there is no rear lot line but rear yard
setback and other provisions calculated from a rear lot line must be taken from the
point of intersection of the interior lot lines and/or exterior lot lines. [Note: See
Diagram 3.12.17.]
3.18.2.
Rear Setback means the setback between the rear lot line and the nearest part of
any building on the lot.
In the case of a lot with no rear lot line, the rear setback is the setback from the
point of intersection of the interior lot lines and/or exterior lot lines and the
Kingston Zoning By-Law Number 2022-62
Section 3: Definitions - Part 1, Page 53
nearest part of any building on the lot at an angle that is perpendicular to the main
wall facing the rear lot line. [Note: See Diagram 3.19.8.]
3.18.3.
Rear Wall means the portion of the main wall of the principal building that is
farthest from the front setback. Projections, bay windows and chimney breasts of
0.5 metres or less from the rear wall are excluded.
3.18.4.
Rear Yard means a yard extending across the full width of the lot between the rear
lot line and a building on the lot. Where the main wall facing the rear lot line is
not parallel to the rear lot line, the rear yard is projected as a linear extension of
the main wall to the lot lines.
In the case of a lot with no rear lot line, the rear yard is the yard extending from
the main wall facing the point of intersection of the interior lot lines and/or
exterior lot lines to the point of intersection of such lot lines. [Note: See Diagram
3.19.8.]
3.18.5.
Recreation Facility means the use of any lot or building for athletic or recreation
activities, which may include a community centre, club, ice or roller skating rink,
curling rink, indoor paintball facility, axe throwing, racquet club, swimming pool,
golf driving range, billiard parlour and bowling alley or other similar uses where the
principal focus of the use is the participation in athletic or recreation activities.
3.18.6.
Recreational Vehicle Sales Establishment means the use of any lot or building for
the storage and display of boats, trailers, campers, motor homes, all-terrain vehicles
and other similar equipment for sale, rent or lease, but excludes mobile homes or
motor vehicles. Accessory uses may include facilities for the repair and
maintenance of such recreational vehicles.
3.18.7.
Renovate means the repair, strengthening, or restoration of a building, but does
not include its replacement.
3.18.8.
Repair Shop means the use of any lot or building for the servicing, repairing or
refurbishing of goods, appliances, furniture and small engines, excluding the repair
of internal combustion engines, motor vehicles or other similar products.
3.18.9.
Research Establishment means the use of any lot or building for research, data
collection and manipulation, and/or technical development of information or
devices for application, excluding a laboratory.
Kingston Zoning By-Law Number 2022-62
Section 3: Definitions - Part 1, Page 54
3.18.10. Residential Building means a house, semi-detached house, townhouse, stacked
townhouse and apartment building, as well as a mixed use building containing a
dwelling unit an accessory house, additional rural unit and a tiny house.
(By-Law Number 2022-62; 2024-332)
Diagram 3.18.10. - Deleted
(By-Law Number 2022-62; 2024-332)
3.18.11. Residential Use means a dwelling unit, and a co-living unit,
(By-Law Number 2022-62; 2024-322)
3.18.12. Restaurant means the use of any lot or building in which the principal business is
the preparation and serving of food and/or beverages to the public for consumption
on or off the premises, and which may include the preparation of food in a ready to
consume state for consumption off the premises. A restaurant includes a take-out
restaurant, a bakery, and other similar uses.
3.18.13. Retail Store means the use of any lot or building for the sale, rental or lease of
goods, merchandise, substances or commodities directly to the general public
including pharmacies, convenience stores, markets, and other similar stores, but
excludes uses that are otherwise defined herein.
3.18.14. Right-of-Way means an area of land that is legally described in a registered deed
for the provision of public or private access.
3.18.15. Rural Area means the area delineated as "Rural Area" on Schedule 4 .
3.18.16. Rural Use means the use of any lot in the rural area for personal, non-commercial
purposes and the personal, general enjoyment of rural lands including hunting,
fishing, bird watching, canoeing, kayaking, hiking, snowmobiling, all terrain vehicles,
seasonal camping or other similar uses.
3.19.
S
3.19.1.
Salvage Yard means the use of any lot or building where goods, wares,
merchandise, articles or things are processed for further use and where such goods,
wares, merchandise, articles or things are stored wholly or partly in the open. This
definition may include a junk yard, a scrap metal yard and an automobile wrecking
establishment.
Kingston Zoning By-Law Number 2022-62
Section 3: Definitions - Part 1, Page 55
3.19.2.
Second Rural Unit means an additional rural unit, which is the first accessory
dwelling unit in chronological order of development located on the same lot as the
principal dwelling unit.
(By-Law Number 2022-62; 2024-332)
3.19.3.
Secondary School means the use of any lot or building for academic instruction
typically offered from grades 9 to 12 including private, public or separate schools,
but does not include a training facility. Permitted accessory uses include day care
centres.
3.19.4.
Self-Service Storage Facility means the use of any lot or building for the purpose
of providing individual secured storage units and other spaces to persons accessing
such units or spaces for the purpose of storing and removing property.
3.19.5.
Semi-Detached House means a ground oriented residential building that is used
for the purpose of two dwelling units and configured in such a manner that the
dwelling units are divided vertically beside each other and with each principal
dwelling unit being located on its own independent lot. This definition also
includes a semi-detached house that has been converted to accommodate more
than one dwelling unit on a lot in the principal building, subject to the maximum
number of dwelling units permitted by the applicable Zone.
(By-Law Number 2022-62; 2024-332)
3.19.6.
Sensitive Use means residential uses, day care centres, home day cares, parks,
elementary schools, secondary schools, post-secondary institutions, special
needs facilities, hospitals and any other similar uses.
3.19.7.
Separation Distance means the horizontal distance between a use or building and
a specific use, lot, building or other specified feature. Separation distance is
measured as the most direct path between the two specified points, without regard
to roads, walkways, sidewalks, or other surface transportation features.
(By-Law Number 2022-62; 2024-332)
3.19.7.A. Service Station means the use of any lot or building where motor vehicle fuel is
kept for sale, including a gasoline pump, and/or a facility where oil changes or
other minor maintenance tasks are performed on motor vehicles and may also
include the following additional functions:
1.
The sale of oil, grease, antifreeze, tire tubes, tire accessories, electrical light
bulbs, spark plugs, and batteries for motor vehicles, etc.;
2.
The sale of convenience commercial goods and food as an accessory use;
Kingston Zoning By-Law Number 2022-62
Section 3: Definitions - Part 1, Page 56
3.
Carwash as an accessory use;
4.
Electrical charging stations for electric vehicles;
5.
Minor repairs essential to the actual operation of motor vehicles including
ignition adjustment and tire inflation; and/or
6.
The sale of propane as an accessory use.
(By-Law Number 2022-62; 2024-332)
3.19.8.
Setback means the horizontal distance between a lot line and the nearest part of
any building on the lot, excluding such features that are specifically permitted to
project into required setbacks. Setback includes front setback, rear setback,
interior setback and exterior setback.
(By-Law Number 2022-62; 2024-332)
Kingston Zoning By-Law Number 2022-62
Section 3: Definitions - Part 1, Page 57
Diagram 3.19.8. - Setbacks & Yards
3.19.9.
Shoreline means any lot line or part thereof which abuts a waterbody.
3.19.10. Short-term Bike Space means a bike space that is intended for use by visitors to a
residential building or customers of a business.
3.19.11. Sight Triangle means an unobstructed triangular area of land on a corner lot
where the front lot line and exterior lot line intersect.
3.19.12. Sign means any device, object or visual medium used to convey information by way
of color, form, graphic, illumination, symbol or writing, displayed or intended to be
displayed on any lot or building to attract attention to a specific subject matter for
identification, information or advertising purposes, and which is regulated by the
Signs By-law.
3.19.13. Reserved
(By-Law Number 2022-62; 2024-332)
Kingston Zoning By-Law Number 2022-62
Section 3: Definitions - Part 1, Page 58
3.19.14. Special Needs Facility means the use of any lot or building for housing providing
a group living arrangement for people who have specific needs beyond economic
needs and that is not a group home, including but not limited to, needs such as
mobility requirements or support functions required for daily living. This includes
any dedicated facilities for such use and may include a wellness clinic as an
accessory use.
3.19.15. Specific Day Retail Sales means the accessory use of any lot or building for an
event that brings together members of the public or an industry for the purpose of
selling or buying goods or services, including entering into contracts for the sale
and/or purchase of goods or services.
3.19.16. Stacked Bike Space means a horizontal bike space that is positioned above or
below another horizontal bike space.
3.19.17. Stacked Townhouse means a residential building that is used for the purpose of
five or more dwelling units and configured in a manner that a portion of the
dwelling units are located entirely or partially above the other portion of the
dwelling units, and where each dwelling unit has its own independent external
access outside.
(By-Law Number 2022-62; 2024-332)
3.19.18. Stadium means the use of any lot where outdoor or partially enclosed facilities are
provided primarily for the gathering of persons for civil, political, travel, religious,
social, educational, recreational, or similar purposes or for the consumption of food
or drink, excluding outdoor seating at a sports field or any other use otherwise
defined herein.
3.19.19. Stepback means the horizontal distance from the exterior wall of a specified storey
to the exterior wall of the storey immediately below it. The horizontal distance must
be measured in the direction that is opposite to the lot line, ensuring that the
stepback moves towards the centre of the lot.
3.19.20. Storey means occupied space of a building between the top of any floor and the
top of the floor next above it, or between the top of the floor and the ceiling above
the floor, if there is no floor above it. Any portion of a building partly below ground
is deemed a storey where any part of its ceiling is 1.0 metre or more above finished
grade. An attic is not a storey. A mezzanine level is not a storey where the floor
area of the mezzanine is equal to 40% or less of the gross floor area of the storey
immediately below it. Where the floor area of a mezzanine level exceeds 40% of the
gross floor area of the storey immediately below it, it is a storey.
Kingston Zoning By-Law Number 2022-62
Section 3: Definitions - Part 1, Page 59
3.19.21. Street means a public street or highway in accordance with the terms of the
Municipal Act, but does not include unopened road allowances. For the purpose of
this By-law, a private street is considered a street.
3.19.22. Street Line means the boundary between a street and a lot.
3.19.23. Streetwall means the wall of a building or portion of a wall facing a street line.
3.19.24. Streetwall Height means the vertical distance between the top of the streetwall
and the finished grade.
3.19.25. Swale means a graded or engineered landscape feature appearing as a linear,
shallow, open channel for the purpose of moving or holding water.
3.19.26. Swimming Pool means a building that is a tank, pool, or artificial body of water
which may be used for swimming or wading purposes and which has a possible
maximum depth of water greater than 0.60 metres. A swimming pool includes a
hot tub or whirlpool and includes all of its associated and unenclosed mechanical
equipment. A swimming pool excludes a pond, reservoir, stormwater management
facility or any natural body of water.
3.20.
T
3.20.1.
Tandem Parking Spaces means two parking spaces where one parking space is
only accessed by passing through the other parking space from a drive aisle or
driveway.
3.20.2.
Third Rural Unit means an additional rural unit, which is the second accessory
dwelling unit in chronological order of development located on the same lot as the
principal dwelling unit.
(By-Law Number 2022-62; 2024-332)
3.20.3.
Tiny House means a house containing one dwelling unit that is designed to be
portable and provide year-round living accommodations, but does not include
recreational vehicles, travel trailers, tent trailers or motor homes.
(By-Law Number 2022-62; 2024-332)
3.20.4.
Through Lot means a lot bounded on opposite sides by a street. However, if the
lot qualifies as being a corner lot and a through lot, such lot is deemed to be a
corner lot for the purposes of this By-law. [Note: See Diagram 3.12.17.]
Kingston Zoning By-Law Number 2022-62
Section 3: Definitions - Part 1, Page 60
3.20.5.
Tourism Use means the use of any lot or building that has been designed and
equipped for the purposes of tourism and may include visitor reception, tourist
information, ticket and toll booths or interpretation facilities.
3.20.6.
Towing Compound means the use of any lot or building for the temporary
storage of towed motor vehicles and may include enclosed outdoor storage, but
excludes a salvage yard, automobile body shop or automobile repair shop.
3.20.7.
Townhouse means a ground oriented residential building that is used for the
purpose of three or more dwelling units and configured in such a manner that the
dwelling units are divided vertically beside each other, with each dwelling unit
having its own independent external access outside and with each principal
dwelling unit being located on its own independent lot, including both freehold
and common element lots. This definition includes back-to-back townhouses and
also includes a townhouse that has been converted to accommodate more than
one dwelling unit on a lot in the principal building, subject to the maximum
number of dwelling units permitted by the applicable Zone.
(By-Law Number 2022-62; 2024-332)
3.20.8.
Trade Show means the accessory use of any lot or building for an event held to
bring together members of a particular industry to display, demonstrate, and
promote their latest products and services.
3.20.9.
Training Facility means the use of any lot or building in which training or
educational services are offered, but does not include an elementary school,
secondary school or post-secondary institution. A training facility may include
but is not limited to the instruction of a trade, skill, service (such as driving),
administration, dance, calisthenics, business, aviation, art, language, hairdressing,
music, culture or sport.
3.20.10. Transformer Station means the use of any lot or building for the generation,
transmission or distribution of electricity.
3.20.11. Transportation Depot means the use of any lot or building where buses, taxis,
trucks, tractor trailers or other similar commercial vehicles are dispatched, rented,
leased, maintained, stored or parked for commercial purposes, and includes any
technical training facility directly associated with these vehicles, but excludes uses
otherwise defined herein.
3.20.12. Transportation Terminal means the use of any lot or building where buses or
trains pick up and discharge fare-paying passengers, which may include accessory
offices, retail stores, food concessions or restaurants.
Kingston Zoning By-Law Number 2022-62
Section 3: Definitions - Part 1, Page 61
3.20.13. Deleted
(By-Law Number 2022-62; 2024-332)
3.21.
U
3.21.1.
Urban Area means the area delineated as "Urban Area" on Schedule 4.
3.21.2.
Use, as a noun, means the purpose for which any lot or building is arranged,
designed or intended to be occupied or maintained. As a verb, use means the doing
or permitting of anything by the owner or occupant of any lot or building directly
or indirectly or by or through any trustee, tenant, servant or agent acting for or with
the knowledge and consent of the owner or occupant, for the purpose of making
use of the said lot or building.
3.22.
V
3.22.1.
Vehicle means a motor vehicle, or other device, including motorized construction
equipment, farm equipment, motor home, motorized mobility device, snowmobile,
boat, recreational vehicle, and also including a trailer or farm implement or any
other device which is capable of being driven, propelled or drawn by any kind of
power, but excludes a bicycle or any other device powered solely by means of
human effort.
3.22.2.
Vertical Bike Space means a bike space that is provided in a vertical format where
no bike spaces are immediately above or below.
3.22.3.
Visitor Space means a parking space dedicated for the exclusive use of motor
vehicles driven by people who do not reside in a dwelling unit on the lot.
3.22.4.
Visual Screen means a human-made or natural area on a lot that provides a visual
barrier in such a manner that the item being screened is not visible from a specified
point or area.
3.23.
W
3.23.1.
Walking Distance means the linear distance between a specific use, lot, or
building and another specified feature along an active transportation route.
Walking distance is measured as the most direct path between the two specified
features along streets, public sidewalks, publicly accessible walkways or other
surface transportation features that are accessible to the public.
Kingston Zoning By-Law Number 2022-62
Section 3: Definitions - Part 1, Page 62
(By-Law Number 2022-62; 2024-332)
3.23.2.
Walkway means a hard surface treated path that provides pedestrian and/or active
transportation access to the exterior entrance of a building.
3.23.3.
Warehouse means the use of any lot or building primarily for the storage and/or
distribution of goods or materials and which may include a wholesale
establishment as an accessory use.
3.23.4.
Waste Disposal Area means the use of any lot or building providing for the long-
term storage or destruction of solid waste.
3.23.5.
Waste Processing Site means the use of any building for the principal purpose of
sorting and processing waste to create a new product or raw material on site, and
may include a recycling centre.
3.23.6.
Waste Transfer Station means the use of any building for the principal purpose
of collection and storage of waste for shipment, and may include limited sorting or
preparation of that waste to facilitate its shipment.
3.23.7.
Water Frontage means the straight line horizontal distance between the two most
widely separated points on any one shoreline of a lot.
3.23.8.
Water Supply Plant means the use of any lot or building approved by the Ministry
of Environment, Conservation and Parks, where water is treated for human
consumption.
3.23.9.
Waterbody means a lake, canal, pond, wetland, river, watercourse, seasonal
watercourse or municipal drain as defined by the Drainage Act, but does not include
an artificially constructed swale or ditch intended for intermittent and minor surface
drainage of an area or a lot.
(By-Law Number 2022-62; 2024-332)
3.23.10. Wastewater Treatment Facility means the use of any lot or building approved by
the Ministry of Environment, Conservation and Parks, where domestic and/or
industrial sewage waste is treated by a private individual or corporation.
3.23.11. Wayside Pit or Wayside Quarry means the use of any lot or building as a
temporary pit or quarry opened and used by or for a public authority solely for the
purpose of a particular project or contract of street construction and not located on
the street right-of-way.
Kingston Zoning By-Law Number 2022-62
Section 3: Definitions - Part 1, Page 63
3.23.12. Wellhead Protection Area means an area of land surrounding a well where human
activities may need to be regulated to protect the quality and quantity of
groundwater that supplies that well.
3.23.13. Wellness Clinic means the use of any lot or building by physicians, dentists,
physiotherapists, chiropractors, nurses, naturopaths, osteopaths, psychologists,
therapists, registered massage therapists, optometrists or other similar medically
focused practitioners, for the purpose of consultation, diagnosis, and office
treatment associated with such profession. A wellness clinic may include
administrative offices, waiting rooms, treatment rooms, laboratories, pharmacies
and dispensaries directly associated with the clinic, but excludes a hospital.
3.23.14. Wetland means lands that are seasonally or permanently covered by shallow water,
as well as lands where the water table is close to or at the surface. In either case the
presence of abundant water has caused the formation of hydric soils and has
favoured the dominance of either hydrophytic plants or water tolerant plants. The
four major types of wetlands are swamps, marshes, bogs and fens. Periodically
soaked or wet lands being used for agricultural uses, which no longer exhibit
wetland characteristics, are not considered to be wetlands for the purposes of this
definition.
3.23.15. Wholesale Establishment means the use of any lot or building for the storage or
distribution of goods from a manufacturer to a business or person other than the
end user or consumer.
3.23.16. Workshop means the use of any lot or building where manufacturing is performed
by tradespeople requiring manual or mechanical skills and may include a machine
shop, carpenter's shop, furniture maker's shop, locksmith's shop, gunsmith's shop,
tinsmith's shop, commercial welder's shop or similar uses and excludes uses
otherwise defined herein.
3.24.
X
3.24.1.
Reserved
3.25.
Y
3.25.1.
Yard means any open, uncovered space appurtenant to and located on the same lot
as a building. Where a main wall is not parallel to a lot line, the yard is projected
from the main wall.
Kingston Zoning By-Law Number 2022-62
Section 3: Definitions - Part 1, Page 64
3.26.
Z
3.26.1.
Reserved
Kingston Zoning By-Law Number 2022-62
Section 4: General Provisions - Part 1, Page 65
Section 4: General Provisions
4.1.
Accessory Uses and Buildings
Accessory Provisions for All Uses and Buildings
4.1.1.
Accessory uses and buildings are permitted in all Zones, unless otherwise provided
by this By-law, subject to the following provisions:
1.
The principal use or building must already be established on the same lot as
the accessory use or building;
2.
Accessory buildings must comply with the Zone provisions that are applicable
to the lot, except for minimum height requirements and except as otherwise
specified in this Subsection;
(By-Law Number 2022-62; 2024-332)
3.
Parking lots, driveways, private garages and parking structures are
permitted as an accessory use to a permitted principal use; and
4.
Treehouses and mechanical equipment which is installed outdoors, such as
generators, air conditioners, heat pumps, transformers, solar panels or other
similar equipment, are considered accessory buildings for the purpose of this
By-law, except where they are enclosed in a building that is attached to the
principal building, then they are considered a component of the principal
building and must comply with the provisions of this By-law that apply to the
principal building.
Additional Accessory Provisions for Residential Uses and Buildings
4.1.2.
In an Urban Residential Zone, Urban Multi-Unit Residential Zone, HCD1 Zone, HCD3
Zone, HAM Zone, RUR Zone, LSR Zone or DR Zone, an accessory building,
excluding a marine facility, must comply with the following requirements:
1.
The accessory building must be located in a rear yard, exterior yard or
interior yard except in an RUR Zone or LSR Zone where an accessory
building is permitted in the front yard if it complies with the required front
setback applicable to the principal building;
(By-Law Number 2022-62; 2024-332)
Kingston Zoning By-Law Number 2022-62
Section 4: General Provisions - Part 1, Page 66
2.
In the urban area, in addition to the lot coverage of the applicable Zone,
the maximum lot coverage for all accessory buildings on one lot is 10% in
the aggregate;
(By-Law Number 2022-62; 2024-332)
3.
In the rural area, accessory buildings are subject to and included in the lot
coverage provision of the applicable Zone, except:
(a)
Where a lot existed as of the date of passing of this By-law that is smaller
than the minimum lot area of the applicable Zone, in addition to the lot
coverage of the applicable Zone, the maximum lot coverage for all
accessory buildings on the lot is an additional 5% in the aggregate.
(By-Law Number 2022-62; 2024-332)
4.
The maximum height of an accessory building is 4.6 metres except in an RUR
Zone where the maximum height of an accessory building is 6.0 metres;
(By-Law Number 2022-62; 2024-332)
5.
The accessory building may encroach into the required setback on a lot
provided that such accessory building must be setback a minimum of 1.2
metres from all lot lines;
6.
The accessory building must comply with the minimum required separation
distance from a waterbody in accordance with Clause 4.23.1;
7.
Despite Subclause 5. and Clause 4.23.1., on a lot that existed as of the date of
passing of this By-law, a maximum of one accessory building no greater than
10 square metres in area is permitted within the required 30 metre separation
distance, provided that it maintains a minimum separation distance of 7.5
metres from the high water mark; and,
(By-Law Number 2022-62; 2024-332)
8.
Despite Subclause 5., where an accessory building is less than 2.4 metres in
height and 15 square metres in gross area (outside perimeter roof dimensions),
the minimum setback from all lot lines is 0.6 metres.
(By-Law Number 2022-62; 2024-332)
Sleeping Accommodations and General Living Areas in Accessory Buildings
4.1.3.
In the urban area, accessory buildings:
Kingston Zoning By-Law Number 2022-62
Section 4: General Provisions - Part 1, Page 67
1.
Are not permitted to be used as any type of sleeping accommodation, except
for accessory houses and tiny houses as permitted by this By-law; and
(By-Law Number 2022-62; 2024-332)
2.
Are permitted to be used as general living areas, including but not limited to
an amenity area, study, den, living room, recreational space, studio, home
office or home occupation, subject to the following provisions:
(a)
the building must be accessory to a principal residential use;
(b) the minimum gross floor area of the first storey of the building,
excluding a mezzanine area, is greater than 10 square metres; and
(c)
the building must comply with all other provisions that are applicable to
an accessory building on the lot.
3.
For clarity, an accessory building used as a general living area in accordance
with Paragraph 2. is not considered a bedroom.
4.1.4.
In the rural area, on any lot in a RU, RUR, LSR or HAM Zone, one bunkhouse is
permitted as an accessory building, subject to the following provisions:
1.
The maximum height of a bunkhouse is the lesser of 4.6 metres or 1 storey;
2.
Despite Paragraph 1. and the definition of storey, a mezzanine level is
permitted to a maximum floor area equal to 40% of the gross floor area of
the first storey and is not considered a storey;
3.
The minimum gross floor area of the first storey of the bunkhouse,
excluding the mezzanine area permitted by Paragraph 2., is greater than 10
square metres;
4.
The maximum gross floor area of the first storey of the bunkhouse,
excluding the mezzanine area permitted by Paragraph 2., is 37 square metres;
and
5.
The bunkhouse must comply with all other provisions that are applicable to an
accessory building on the lot.
4.1.5.
In the rural area, accessory buildings are permitted to be used as general living
areas, including but not limited to an amenity area, study, den, living room,
recreational space, studio, home office or home occupation and must comply with
the following provisions:
4.1.5. In the rural area, accessory buildings are permitted to be used as general living areas, including
but not limited to an amenity area, study, den, living room, recreational space, studio, home
office or home occupation and must comply with the following provisions:
Kingston Zoning By-Law Number 2022-62
Section 4: General Provisions - Part 1, Page 68
1.
The building must be accessory to a principal residential use;
2.
The minimum gross floor area of the first storey of the building, excluding a
mezzanine area, is greater than 10 square metres; and
3.
The building must comply with all other provisions that are applicable to an
accessory building on the lot.
Additional Accessory Provisions for Buildings in the WM1 and WM2 Zones
4.1.6.
In a WM1 or WM2 Zone, an accessory building must be located in a rear yard or
interior yard and must comply with the following requirements:
1.
The maximum lot coverage for all accessory buildings on one lot is 10% in
the aggregate;
2.
The maximum height is 4.6 metres;
3.
The accessory building may encroach into the required rear setback provided
that such accessory building is setback a minimum of 1.2 metres from the
rear lot line; and
4.
The accessory building must not be located closer to a street line than the
streetwall of the principal building.
4.2.
Swimming Pools
4.2.1.
Despite anything to the contrary in this By-law, an outdoor swimming pool,
including all of its associated and unenclosed mechanical equipment, must be
developed in accordance with the following provisions:
1.
The minimum setback is 1.5 metres from a swimming pool to any lot line;
2.
A swimming pool must not be located in a front yard or within any form of
drainage management system such as a swale or ditch;
3.
The maximum height of a swimming pool is 2.0 metres, excluding related
equipment which must not exceed a maximum height of 4.5 metres. For the
purpose of this Subsection, height of a swimming pool is the difference
between the highest point of the swimming pool and the average grade level
around the perimeter of the swimming pool;
Kingston Zoning By-Law Number 2022-62
Section 4: General Provisions - Part 1, Page 69
4.
A swimming pool must comply with the minimum separation distance from
a waterbody in accordance with Subsection 4.23.; and
5.
For the purpose of this Subsection, decks and buildings accessory to a
swimming pool are not considered related equipment and must comply with
all other provisions of this By-law.
4.2.2.
Despite 4.2.1.2., where the main pedestrian entrance of a building on a corner lot is
oriented towards the exterior lot line, a swimming pool may be located in the
front yard.
4.3.
Amenity Area
4.3.1.
A minimum of 18.5 square metres of amenity area must be provided for each
dwelling unit on a lot with four or more dwelling units in a stacked townhouse,
apartment building or mixed use building. Where a stacked townhouse is
configured in a manner that each dwelling unit is located on its own individual lot,
this requirement does not apply.
(By-Law Number 2022-62; 2024-332; 2024-333)
4.3.2.
Despite Clause 4.3.1., in the PA1, PA2, PAA3 or on lands subject to and developed in
accordance with the Express Transit Area Overlay framework, a minimum of 10.0
square metres of amenity area must be provided for each dwelling unit on a lot.
(By-Law Number 2022-62; 2024-332)
4.3.3.
Amenity areas, or any part thereof, must be designed and located so that the
length does not exceed four times the width.
4.3.4.
Amenity areas, if provided as communal space, must be aggregated into one area
or grouped into areas of not less than 54.0 square metres.
4.3.5.
Where communal amenity areas are provided exterior to a building, such amenity
areas must be accessed by a barrier-free path of travel that is a minimum 1.5 metres
in width connecting the amenity area to a street line or a building.
4.4.
Lot Servicing
4.4.1.
In the urban area, a lot or building must not be used or developed unless there is
adequate capacity in the sanitary sewer, stormwater sewer or stormwater
management facility, and adequate potable water from a public water supply
system, to the satisfaction of the City.
Kingston Zoning By-Law Number 2022-62
Section 4: General Provisions - Part 1, Page 70
4.4.2.
Where a lot in the urban area is developed as of the date of passing of this By-law
on private services or partial services, such private services or partial services
may be deemed to fulfill the servicing requirements of Clause 4.4.1. where there is
adequate capacity and/or water supply to the satisfaction of the City. The
replacement of such existing private services or partial services is permitted.
4.4.3.
In the rural area, a lot or building must not be used or developed unless there are:
adequate public, private, or communal sewage disposal facilities; adequate storm
drainage facilities; and adequate potable water from a public, private, or communal
water supply, to the satisfaction of the City.
4.4.4.
Where a lot in the rural area is developed as of the date of passing of this By-law
on partial services, such partial services may be deemed to fulfill the servicing
requirements of Clause 4.4.3. where there is adequate capacity and/or water supply
to the satisfaction of the City. The replacement of such partial services is permitted.
4.4.5.
Despite the Housing Constraint Area Overlay or any other provision of this By-law
that establishes a Holding Overlay in accordance with Clause 2.6.2. in the urban
area connected to sanitary sewer, stormwater sewer, or a public water supply
system capacity, where a lot is developed in a manner that does not require a new
lateral or increase the size of an existing lateral connection to a municipally owned
water, sanitary or stormwater system, the applicable Holding Overlay condition does
not apply.
(By-Law Number 2022-62; 2024-332)
4.5.
Angular Planes and Build-to-Planes
Angular Planes
4.5.1.
In addition to maximum height, in certain Zones the calculation of an angular
plane is required in determining maximum height. Where the calculation of an
angular plane is required, the following provisions apply:
1.
No part of a building is permitted to project above the angular plane unless
otherwise specified in this By-law;
2.
The maximum height provision for the specific Zone continues to apply in
addition to the angular plane provisions; and
3.
The angular plane commences at a specified height measured from the
average existing grade of the build-to-plane and equals the length of the
street line.
Kingston Zoning By-Law Number 2022-62
Section 4: General Provisions - Part 1, Page 71
Build-to-Plane
4.5.2.
Where the calculation of a build-to-plane is required, the following provisions
apply:
1.
The height of the build-to-plane must be the lesser of the maximum height
for the underlying Zone, or the height specified for commencement of an
angular plane;
2.
The length of the build-to-plane equals the length of the street line; and
3.
A minimum of 80% of the main wall of any building constructed along the
street line must be developed at the build-to-plane. The balance of the main
wall of the building must not encroach within the specified setback distance
for the build-to-plane.
Diagram 4.5.2. - Angular Plane and Build-to-Plane
4.6.
Sight Triangles
4.6.1.
Despite anything to the contrary in this By-law, the following are prohibited within a
sight triangle:
Kingston Zoning By-Law Number 2022-62
Section 4: General Provisions - Part 1, Page 72
1.
A building;
2.
Any equipment, feature or landscaping, including a wall, tree, hedge, bush or
other similar feature, which exceeds 1.0 metre in height above the elevation of
the intersection of the two centre lines of the adjacent streets;
3.
A driveway, parking lot, commercial parking lot or parking space; and
4.
A grade level which exceeds the elevation of the intersection of the two centre
lines of the adjacent streets by more than 0.5 metres.
4.6.2.
Sight triangles are required on a corner lot and must comply with the dimensions
identified Table 4.6.2., in accordance with the street type identified in Schedule 4 of
this By-law. Table 4.6.2 provides the required length along the front lot line in
metres and the required length along the exterior lot line in metres with an "x" in
between (for example, "4.5 x 4.5" is 4.5 metres along the front lot line and 4.5
metres along the exterior lot line).
Table 4.6.2. - Sight Triangle Dimensions
Type of Subject Street Line
Local Road
Collector Road Arterial Road
Type of Intersecting
Street Line
Local Road
4.5 x 4.5
9.0 x 9.0
9.0 x 9.0
Collector Road
9.0 x 9.0
9.0 x 9.0
15.0 x 15.0
Arterial Road
9.0 x 9.0
15.0 x 15.0
15.0 x 15.0
4.6.3.
The area within a sight triangle is determined by measuring from the point of
intersection of the front lot line and the exterior lot line the required length along
each street line as per Table 4.6.2. A third line connects the two points on the two
street lines to complete the sight triangle.
4.6.4.
Despite Clause 4.6.2., where a development is subject to a Site Plan Control
application under Section 41 of the Planning Act or a plan of subdivision
application under Section 51 of the Planning Act, such sight triangle may be
reduced to the satisfaction of the City through the applicable process.
(By-Law Number 2022-62; 2024-332)
4.6.5.
Despite Clause 4.6.2., sight triangle provisions do not apply to a building that
existed as of the date of passing of this By-law on a lot in the DT1 Zone, DT2 Zone
and HCD2 Zone.
Kingston Zoning By-Law Number 2022-62
Section 4: General Provisions - Part 1, Page 73
4.6.6.
Despite the definition of sight triangle, where a corner lot includes a front lot line
and exterior lot line that do not intersect at one point, the area within the sight
triangle is determined by measuring the hypothetical point of intersection of the
extension of the front lot line and the extension of the exterior lot line.
Diagram 4.6.6. - Sight Triangle
4.7.
Drive-Through Provisions
4.7.1.
The minimum separation distance from a drive-through to a lot within an Urban
Residential Zone, Urban Multi-Unit Residential Zone, HCD1 Zone, HCD3 Zone, HAM
Zone, RUR Zone, LSR Zone or DR Zone is 15.0 metres.
4.7.2.
Where a lot is used for a drive-through and the interior lot line or rear lot line
abuts a residential use or undeveloped land in an Urban Residential Zone, Urban
Multi-Unit Residential Zone, HCD1 Zone, HCD3 Zone, HAM Zone, RUR Zone, LSR
Zone or DR Zone, then:
1.
A minimum 3.0 metre wide planting strip must be provided along the portion
of the lot line that abuts such use or lot;
2.
The minimum height for the row of trees or a continuous hedgerow of
evergreens or shrubs located in the planting strip is 1.5 metres; and
Kingston Zoning By-Law Number 2022-62
Section 4: General Provisions - Part 1, Page 74
3.
Driveways, walkways and similar features are permitted to cut across a
planting strip perpendicularly.
4.7.3.
Where a lot is used for a drive-through and has a street line located on the
opposite side of the street from a residential use or undeveloped land in an Urban
Residential Zone, Urban Multi-Unit Residential Zone, HAM Zone, HCD1 Zone, HCD3
Zone, RUR Zone, LSR Zone or DR Zone, then:
1.
A minimum 3.0 metre wide planting strip must be provided along the portion
of the street line that is opposite to such use or lot; and
2.
Driveways, walkways and similar features are permitted to cut across a
planting strip perpendicularly.
4.8.
Frontage on a Public Street
4.8.1.
A lot or building must not be used or developed unless the lot has a lot line
which is also a street line.
4.8.2.
Despite Clause 4.8.1.:
1.
A lot is permitted to be used or developed as a public park where such lot
abuts a right-of-way that is used by motor vehicles with deeded access to
the City; and
2.
A lot in existence on the date of passing of this By-law in the rural area that
does not have a lot line which is also a street line, is permitted to be used for
agricultural uses, rural uses or forestry uses if the applicable Zone permits
such use. No buildings are permitted on such lot.
4.9.
Generally Permitted Uses
Uses Permitted in all Zones
4.9.1.
Despite anything to the contrary in this By-law, except where greater restrictions are
provided in the Overlay Provisions in Section 5 and waterbody separation distance
provisions of Subsection 4.23., any lot or building may be used or developed in
any Zone, except for an EPA Zone, for any of the uses indicated in Subclauses 1
through 10 below. All buildings developed in conjunction with these uses must
comply with all provisions of this By-law that apply to the lot, except for minimum
lot area or minimum lot frontage requirements or where a particular use is
specifically exempt from a provision:
Kingston Zoning By-Law Number 2022-62
Section 4: General Provisions - Part 1, Page 75
1.
Municipal infrastructure, stormwater management facilities, electricity
transmission facilities, oil and natural gas pipelines;
2.
Electricity generation facilities and electricity transmission and distribution
infrastructure;
3.
Public utility installations required by any public authority or private utility for
the provision of gas, oil, water, electricity, sanitary, storm water management,
transportation, telephone communication and other similar utilities to the
general public;
4.
Public uses, conservation areas, conservation uses, flood or erosion control
facilities, or other similar uses;
5.
Passive recreation;
6.
Marine facilities, subject to the provisions of Subsection 6.5.;
7.
Community gardens and urban agriculture that are not commercial
operations, provided no building or part thereof, including an arbour or other
such associated component, is permitted within 1.5 metres of a street;
8.
Any use that responds to an emergency, such as an emergency warming
shelter or an emergency operations centre or other similar use, to the
satisfaction of the City;
9.
A public transit facility; and
10. Not-for-profit community food centres.
4.9.2.
Despite anything to the contrary in this By-law, except where greater restrictions are
provided in the Overlay Provisions in Section 5 and waterbody separation distance
provisions of Subsection 4.23., any lot or building may be used or developed for
essential emergency service uses such as fire halls, police stations, ambulance
stations, and similar public response uses in any Zone, except for EPA, AG and MX1
Zones. All buildings developed in conjunction with these uses must comply with all
provisions of this By-law that apply to the lot.
4.9.3.
Despite anything to the contrary in this By-law, parks are permitted as the principal
use of any lot or building in any Zone, except for the AG and MX1 Zones. Parks are
only permitted as an accessory use or building in the AG and MX1 Zones.
Kingston Zoning By-Law Number 2022-62
Section 4: General Provisions - Part 1, Page 76
4.10.
Complementary Uses
4.10.1.
Complementary uses are only permitted in Zones where they are specifically
permitted by this By-law or in conjunction with a use where the definition
specifically identifies permitted complementary uses.
4.11.
Prohibited Uses in All Zones
4.11.1.
Despite anything to the contrary in this By-law, the following uses and activities are
prohibited in all Zones, either alone or in conjunction with other uses, except where
specifically permitted by this By-law:
1.
Any activity or use prohibited by the Environmental Protection Act, R.S.O. 1990,
c. E.19;
2.
The incineration or disposal of biomedical wastes, organic or inorganic
chemical wastes, or radioactive wastes; and
3.
Any uses or activities deemed unlawful under other Federal, Provincial, or
Municipal acts, codes, or by-laws.
4.12.
Items Exempt from this By-law
4.12.1.
This By-law is not intended to govern the erection or location of any of the following
items, except where they are items that are specifically required to fulfill a provision
of this By-law (for example a privacy fence for outdoor storage) or items that are
specifically prohibited by this By-law (for example a fence within a sight triangle):
1.
Signs;
2.
Fences;
3.
Retaining walls and boundary walls (except where regulated by Subsection
4.24);
4.
Drop awnings;
5.
Clothes poles;
6.
Flag poles;
7.
Garden trellises and open air surfaced areas such as a pergola;
Kingston Zoning By-Law Number 2022-62
Section 4: General Provisions - Part 1, Page 77
8.
Light standards (except where regulated by Section 4.24);
9.
Seasonal decorations;
10. Public sidewalks, curbs and bollards;
11. Planters, landscaping features, birdbaths, rain barrels and vegetation;
12. Mailboxes, newspaper, lending libraries or similar dispensing or receiving
boxes;
13. Public art, statues and sculptures;
14. Furniture;
15. Play equipment, including but not limited to trampolines;
16. Outdoor skating surfaces;
17. Public transit installations, infrastructure, equipment and other similar public
transit features;
18. Active transportation installations, infrastructure, equipment and other similar
active transportation features, including but not limited to bike racks, bike
lockers, and canopies or other features that provide weather protection for
bike spaces. For clarity, this exemption includes bike spaces and other active
transportation installations that are required by this By-law;
19. All structures, equipment or other similar features permitted by the City to be
located within the City's street, including outdoor patios; and
20. All equipment, amenities or structures provided in a public park.
(By-Law Number 2022-62; 2024-332)
4.13.
Building Components Exempt from Specific Provisions
4.13.1.
Buildings connected to a public use and buildings located in public parks are
exempt from the provisions of this By-law which regulate the size and location of
such buildings, including but not limited to setbacks, separation distances,
height, building depth, lot coverage and landscaped open space.
4.13.2.
Any building component that is located wholly below existing grade, including
basements, parking structures, geothermal devices, renewable energy devices, , or
Kingston Zoning By-Law Number 2022-62
Section 4: General Provisions - Part 1, Page 78
other similar building components, are exempt from the provisions of this By-law
which regulate setbacks from lot lines or maximum building depth, but must
comply with all other applicable provisions of this By-law.
(By-Law Number 2022-62; 2024-332)
4.13.3.
Private sewage systems are exempt from the provisions of this By-law which
regulate the size and location of a building including but not limited to setbacks,
separation distances, height and building depth.
(By-Law Number 2022-62; 2024-332)
4.13.4.
Despite Clause 4.13.2. and 4.13.3., building components that are located wholly
below existing grade, private sewage systems, must comply with all setback
provisions from waterbodies, natural heritage features, floodplains and other
similar environmental protection areas, except:
1.
Where an existing private sewage system is updated or replaced with a new
private sewage system, the new private sewage system must not be closer
to the waterbody, natural heritage feature, floodplain or other environmental
protection area than the existing private sewage system.
(By-Law Number 2022-62; 2024-332)
4.13.5.
For the purpose of this Subsection, "existing grade" means the existing grade of the
portion of the lot immediately surrounding and/or on top of such component, prior
to the development of such building or building component.
4.14.
Temporary Uses
Temporary Retail and Seasonal Sales
4.14.1.
Nothing in this By-law prevents an area outside of a building within a CN, WM1,
WM2, CA, CD, CR, CG, CW, DT1, DT2, HCD2, HB, RC and HAM Zone, which is used in
conjunction with a business located on the same lot, to be used for the display or
retail sales of seasonal produce or new merchandise, provided such area:
1.
Is seasonal in nature and does not include a permanent retailing area; and
2.
Is not located within a fire lane, a parking lot or a loading space required to
fulfill the provisions of this By-law, or a driveway or passageway which
provides an access route for vehicular traffic across the lot or to a street which
abuts said lot.
Kingston Zoning By-Law Number 2022-62
Section 4: General Provisions - Part 1, Page 79
Temporary Construction Buildings and Equipment
4.14.2.
Despite anything to the contrary in this By-law, the following temporary buildings
or equipment are permitted in any Zone, except an EPA Zone or lands that are
subject to the Floodplain Overlay as per Subsection 5.1. or the waterbody
separation distance of Subsection 4.23., during a period of construction:
1.
A temporary building or equipment essential to construction or a special
event in progress on a lot;
2.
A temporary office for the sale of residential lots or residential units;
3.
In the rural area, a mobile home, tiny house or a recreational vehicle as
temporary accommodation for a period not to exceed two years while a
permanent dwelling unit is being developed on the same lot; and
(By-Law Number 2022-62; 2024-332)
4.
Any temporary sheds, scaffolds or other buildings incidental to building
construction on the lot for so long as the same is necessary for work in
progress which has neither been finished nor abandoned.
4.14.3.
The setback provisions of the underlying Zone and the parking provisions do not
apply to the temporary buildings or equipment permitted by Subclauses 4.14.2.1.,
4.14.2.3. and 4.14.2.4. All other provisions of this By-law apply, including Clause
4.23.1.
4.14.4.
The temporary buildings or equipment permitted by Clause 4.14.2. must be located
on the lot only until such time as the construction has been completed or
abandoned.
4.15.
Occasional Uses
4.15.1.
The following Zones and uses are permitted to have occasional uses as indicated:
1.
In a place of worship, elementary school or secondary school or on any lot
in a DT1, DT2, HCD2 and OS2 Zone, auction sales, bake sales, craft sales, plant
and produce sales, seasonal sales, bingo, blood donor clinics, carwashes,
benefit dances, festivals, shows, concerts, banquets, or other similar special
events are permitted as an occasional use; and
Kingston Zoning By-Law Number 2022-62
Section 4: General Provisions - Part 1, Page 80
2.
Garage sales are permitted on any lot as an occasional use, with a maximum
number of two garage sales being conducted on any one lot in any calendar
year. A single garage sale consists of a maximum of two consecutive days.
Trade Shows and Specific Day Retail Sales
4.15.2.
Trade shows and specific day retail sales are permitted as an occasional use in
Institutional Zones, the HAM Zone and on any lot where the principal use is a
recreation facility, place of worship, community centre, club, hotel or banquet
hall.
Public Markets
4.15.3.
Public markets are permitted as an occasional use on any lot in a Mixed Use Zone,
Commercial Zone, Institutional Zone or the OS1, OS2, HCD2, RC, HAM Zones. A
public market may be located in a parking lot such that it temporarily prevents the
use of a portion of the parking spaces, drive aisles or driveways of another use on
the same lot, provided that the public market does not obstruct access to a fire
route.
4.16.
Planting Strip Provisions for Non-Residential Uses
4.16.1.
Where any lot is used for a non-residential use and the interior lot line or rear lot
line abuts a residential use or undeveloped land in an Urban Residential Zone,
Urban Multi-Unit Residential Zone, HCD1 Zone, HCD3 Zone, RUR Zone, LSR Zone or
DR Zone, then:
1.
A minimum 3.0 metre wide planting strip must be provided along the portion
of the lot line that abuts such use or lot;
2.
The minimum height for the row of trees or a continuous hedgerow of
evergreens or shrubs located in the planting strip is 1.5 metres; and
3.
Driveways, walkways and similar features are permitted to cut across a
planting strip perpendicularly.
4.16.2.
Where a lot in an RM1, RM2, MX1, M1, M2, M3, M4, M5, TA, TR or TU Zone has a
street line located on the opposite side of the street from a residential use or
undeveloped land in an Urban Residential Zone, Urban Multi-Unit Residential Zone,
HCD1 Zone, HCD3 Zone, HAM Zone, RUR Zone, LSR Zone or DR Zone, then:
Kingston Zoning By-Law Number 2022-62
Section 4: General Provisions - Part 1, Page 81
1.
A minimum 3.0 metre wide planting strip must be provided along the portion
of the street line that is opposite to such use or lot; and
2.
The minimum height for a row of trees or a continuous hedgerow of
evergreens or shrubs located in the planting strip is 1.5 metres; and
3.
Driveways, walkways and similar features are permitted to cut across a
planting strip perpendicularly.
(By-Law Number 2022-62; 2024-332)
4.16.3.
Despite Clauses 4.16.1. and 4.16.2., the height of vegetation planted in a required
planting strip must comply with Section 4.6., where applicable.
4.17.
Minimum Distance Separation
New Non-Agricultural Uses
4.17.1.
The expansion or establishment of any new use that is not an agricultural use must
comply with the requirements of the applicable minimum distance separation
calculation (MDS I) from an existing livestock facility.
4.17.2.
Despite Clause 4.17.1., minimum distance separation calculation (MDS I) does not
apply to applications for consent under Section 53 of the Planning Act for a
residence surplus to a farming operation, where the dwelling unit and nearby
livestock facility or anaerobic digester are located on a separate lot prior to the
consent application, as the potential odour conflict already exists.
New or Expanded Livestock Facilities
4.17.3.
New or expanded livestock facilities must comply with the applicable minimum
distance separation calculation (MDS II).
4.17.4.
If a cemetery is closed or receives low levels of visitation, or is not connected to a
place of worship, such cemetery will be treated as a Type A land use for the
purpose of calculating minimum distance separation (MDS II) requirements in
Clause 4.17.3.
Existing Lots of Record
4.17.5.
The minimum distance separation requirements do not apply in the case of a new
use that is not an agricultural use under this Subsection where a lot with an area of
1.0 hectare or less, existed as of the date of passing of this By-law, and for which the
Kingston Zoning By-Law Number 2022-62
Section 4: General Provisions - Part 1, Page 82
proposed use is listed as a permitted use in the Zone in which the existing lot is
located.
Higher Standard to Govern
4.17.6.
Where more than one minimum distance separation and setback provision apply,
the more restrictive provision prevails.
Backyard Hen Coops and Pigeon Lofts
4.17.7.
Accessory buildings constructed in accordance with the backyard hen coop and
pigeon loft provisions in Subsections 6.12. and 6.13 are exempt from all provisions
in Subsection 4.17.
4.18.
Projections Above Maximum Height
4.18.1.
The height provisions of this By-law do not apply to:
1.
Barn, corn crib, grain elevator, farm implement shed, feed or bedding storage,
silo or other similar building when used in conjunction with an agricultural
use;
2.
A public bridge or other similar public infrastructure;
3.
Chimney and parapets;
4.
Hydroelectric transmission tower;
5.
Individual farm windmill;
6.
Municipal water tower;
7.
Non-commercial radio, television or telecommunications equipment; and
8.
Belfry, clock tower, cupola, ornamental domes, spires or steeples on a place of
worship or a building containing a public use.
4.18.2.
Despite the height provisions of this By-law, the following building components are
permitted to project a maximum of 5.0 metres above the maximum permitted
height, with a maximum area of 30% of the roof area on which they are located, in
the aggregate, and a minimum setback from the edge of the roof equal to the
vertical height of such building component:
Kingston Zoning By-Law Number 2022-62
Section 4: General Provisions - Part 1, Page 83
1.
Mechanical and service equipment penthouse, elevator or stairway penthouses;
2.
Enclosed building components providing tenants with access to rooftop
amenity areas; and
3.
Skylights or other similar rooftop components.
(By-Law Number 2022-62; 2024-332)
4.18.3.
Despite Clause 4.18.2., the following building components are permitted within the
required setback from the edge of a roof line:
1.
An enclosure dedicated only to stairs that are located at the edge of a
building; and
2.
A safety railing for rooftop areas accessible to residents of the building.
4.18.4.
Despite the height provisions of this By-law, the following building components
may exceed the maximum height provision by a maximum of 3.5 metres:
1.
A static renewable energy device such as a solar panel or other similar devices
that capture or conserve energy without visible motion or emissions;
2.
Architectural components supporting green roofs, a roof-top garden, or other
similar rooftop sustainability elements; and
3.
Exterior residential amenity areas, rooftop terraces and all associated
components such as railings, guards and furniture.
4.19.
Projections into Required Setbacks
Architectural Features in the DT1, DT2, HCD2 and HB Zones
4.19.1.
In the DT1, DT2, HCD2 and HB Zones, setback provisions do not apply to fire
escapes, canopies and awnings above doors and windows, bay windows, belt
courses, sills, cornices, eaves and chimneys, which are subject to the following
provisions:
Fire Escapes
1.
The maximum horizontal projection of fire escapes towards the interior lot
line and exterior lot line is 1.2 metres from the foundation wall;
Kingston Zoning By-Law Number 2022-62
Section 4: General Provisions - Part 1, Page 84
2.
The minimum interior setback and exterior setback for fire escapes is 0.8
metres; and
3.
The maximum horizontal projection of fire escapes towards the rear lot line is
1.5 metres.
Bay Windows
4.
The maximum horizontal projection of a bay window toward the front lot
line, exterior lot line and rear lot line is 1.2 metres from the foundation wall;
5.
The minimum required front setback, exterior setback and rear setback for a
bay window is 0.8 metres;
6.
The maximum horizontal projection of a bay window toward an interior lot
line is 0.8 metres from the foundation wall; and
7.
The minimum interior setback of a bay window is 0.8 metres.
Belt Courses, Sills, Cornices and Eaves
8.
The maximum horizontal projection of belt courses, sills, cornices, and eaves
toward the interior lot line or exterior lot line is 0.5 metres from the
foundation wall; and
9.
The minimum front setback and rear setback of belt courses, sills, cornices
and eaves is 0.8 metres.
Chimneys
10.
The maximum horizontal projection of a chimney and its foundation, if any,
toward any lot line is 0.3 metres from a foundation wall of the adjacent
exterior wall of the principal building.
Architectural Features in Other Zones
4.19.2.
In all Zones except the DT1, DT2, HCD2 and HB Zones, despite anything to the
contrary in this By-law, sills, belt courses, chimneys, fireplace projections, cornices,
eaves, gutters, parapets, pilasters or similar ornamental architectural features may
project into any required setback a maximum distance of 0.5 metres, provided such
feature is setback a minimum of 0.5 metres to any lot line.
Kingston Zoning By-Law Number 2022-62
Section 4: General Provisions - Part 1, Page 85
Exterior Stairs in Other Zones
4.19.3.
In all Zones except the DT1, DT2, HCD2 and HB Zones, despite anything to the
contrary in this by-law, exterior stairs including their associated guards and any
landing areas that are required by the Building Code Act, 1992 are permitted to
project into any required setback, provided such exterior stairs are setback a
minimum of 0.5 metres to any lot line.
(By-Law Number 2022-62; 2024-332)
4.20.
Decks, Porches and Balconies
Balconies
4.20.1.
Despite the setback provisions of this By-law, balconies that project from the main
wall of an apartment building or mixed use building must comply with the
following provisions:
1.
The maximum horizontal projection from the main wall is 2.0 metres;
2.
A maximum of 45% of the horizontal length of each face of the main wall of
each storey may be occupied by balconies; and
3.
The minimum setback from a lot line is 1.0 metre.
(By-Law Number 2022-62; 2024-332)
4.20.2.
Despite the setback provisions of this By-law, balconies that project from the main
wall of a house, semi-detached house, townhouse or stacked townhouse must
comply with the following provisions:
1.
The maximum horizontal projection from the main wall is 2.0 metres; and
2.
The minimum front setback, rear setback, interior setback and exterior
setback, must comply with the provisions that apply to decks greater than 1.2
metres in height in Table 4.20.4.
(By-Law Number 2022-62; 2024-332)
4.20.3.
Despite Clauses 4.20.1. and 4.20.2., where a balcony is wholly enclosed and is
covered with a roof, it must comply with the provisions that apply to the principal
building.
Kingston Zoning By-Law Number 2022-62
Section 4: General Provisions - Part 1, Page 86
Decks and Porches
4.20.4.
In an Urban Residential Zone, Urban Multi-Unit Residential Zone, HCD1 Zone, HCD3
Zone, HAM Zone, RUR Zone, LSR Zone or DR Zone, a deck or porch are not subject
to the required setbacks that apply to the principal building. A deck or porch
including its associated guards and exterior stairs, must:
1.
Not be located within any form of drainage management system such as a
swale or ditch;
2.
Comply with the provisions of Subsection 4.23. regulating separation
distances from waterbodies; and
3.
Comply with the provisions of Table 4.20.4.
Table 4.20.4. - Decks and Porches
Zoning Provision
Height no greater
than 0.6 metres
Height greater
than 0.6 metres up
to 1.2 metres
Height greater than
1.2 metres
1. Maximum surface
area of floor level(s)
excluding the area of
the exterior stairs
10% of the lot area
10% of the lot area
10% of the lot area,
of which a maximum
of 30.0 square metres
is permitted at a
height of 1.2 metres
or greater
2. Minimum front
setback
The lesser of the
Zone provision or
3.5 metres
The lesser of the
Zone provision or
3.5 metres
Comply with Zone
provision
3. Minimum interior
setback
(a) semi-detached
house and
townhouse: 0.6
metres, except
along a common
party wall where it
may be 0.0 metres if
there is a common
privacy fence a
minimum of 1.5
metres tall
(a) semi-detached
house and
townhouse: Comply
with Zone provision,
except along a
common party wall
where it may be 0.0
metres if there is a
common privacy
fence a minimum of
1.5 metres tall
(a) semi-detached
house and
townhouse: Comply
with Zone provision,
except along a
common party wall
where it may be 0.0
metres if there is a
common privacy
fence a minimum of
1.5 metres tall
Kingston Zoning By-Law Number 2022-62
Section 4: General Provisions - Part 1, Page 87
Zoning Provision
Height no greater
than 0.6 metres
Height greater
than 0.6 metres up
to 1.2 metres
Height greater than
1.2 metres
(b) all other uses:
0.6 metres
(b) all other uses:
Comply with Zone
provision
(b) all other uses:
Comply with Zone
provision
4. Minimum exterior
setback
The lesser of the
Zone provision or
3.5 metres
The lesser of the
Zone provision or
3.5 metres
Comply with Zone
provision
5. Minimum rear
setback
2.0 metres
2.0 metres
4.0 metres
(By-Law Number 2022-62; 2024-332)
4.20.5.
In all Zones other than those regulated by Clause 4.20.4., decks and porches must
comply with the provisions that apply to the principal building.
4.20.6.
For the purpose of Clause 4.20.4., the maximum surface area of the floor level is
calculated based on the cumulative floor levels of all decks and porches located on
a lot.
4.20.7.
For the purpose of Clause 4.20.4., decks and porches that have a perimeter
foundation are excluded from the calculation of maximum surface area.
4.20.8.
For the purpose of Clause 4.20.4., the height of a deck and porch means the
vertical distance measured from finished grade to the walking surface, excluding the
height of any safety railing, guard, privacy screen or other similar feature. Finished
grade is the average of the four most distant points representing the outermost
corners of the deck and porch.
Terraces
4.20.9.
The provisions of Clauses 4.20.1. to 4.20.8. do not apply to a terrace which is located
on the roof of a building above a storey. Rooftop terraces are permitted on the
roof of a building and must comply with the Projections Above Maximum Height
provisions of Subsection 4.18.
4.21.
Barrier-Free Buildings
4.21.1.
In all Zones except the DT1, DT2, HCD2 and HB Zones, despite any setback that is
more restrictive in this By-law, unenclosed building components necessary to
ensure that a building and its facilities can be approached, entered, and used by
Kingston Zoning By-Law Number 2022-62
Section 4: General Provisions - Part 1, Page 88
persons with disabilities in accordance with the Building Code Act, 1992, may project
into any required front setback, interior setback or exterior setback provided that
the building component is no closer than 0.3 metres from any lot line and is not
located within any form of drainage management system such as a swale or ditch.
The area of such barrier-free building component is excluded from the calculation
of lot coverage.
(By-Law Number 2022-62; 2024-332)
4.22.
Railway and Rail Yard Separation Distances
4.22.1.
Where a lot is adjacent to a principal main line railway right-of-way and such lot is
developed with a permitted use or building:
1.
The minimum required setback from the lot line adjacent to such right-of-
way to a building containing a sensitive use is:
(a)
30 metres, where a minimum 2.5 metre high landscaped berm is
provided along the lot line adjacent to the right-of-way; or
(b) 120 metres.
2.
A minimum 1.83 metre high chain link security fence must be provided along
the lot line adjacent to the right-of-way for the entire length of the lot line,
to be installed and maintained at the owner's expense.
4.22.2.
Where a lot is adjacent to a secondary main line railway right-of-way and such lot
is developed with a permitted use or building:
1.
The minimum required setback from the lot line adjacent to such right-of-
way to a building containing a sensitive use is:
(a)
30 metres, where a minimum 2.0 metre high landscaped berm is
provided along the lot line adjacent to the right-of-way; or
(b) 120 metres.
2.
A minimum 1.83 metre high chain link security fence must be provided along
the lot line adjacent to the right-of-way for the entire length of the lot line,
to be installed and maintained at the owner's expense.
4.22.3.
Where a lot is adjacent to a principal branch line, secondary branch line or spur line
railway right-of-way and such lot is developed with a permitted use or building:
Kingston Zoning By-Law Number 2022-62
Section 4: General Provisions - Part 1, Page 89
1.
The minimum required setback from the lot line adjacent to such right-of-
way to a building containing a sensitive use is:
(a)
15 metres, where a minimum 2.0 metre high landscaped berm is
provided along the lot line adjacent to the right-of-way; or
(b) 120 metres.
2.
A minimum 1.83 metre high chain link security fence must be provided along
the lot line adjacent to the right-of-way for the entire length of the lot line,
to be installed and maintained at the owner's expense.
4.22.4.
Where a lot is not adjacent to such railway right-of-way, but is located in an area
where a building with a sensitive use can be constructed within 120 metres of a
railway right-of-way, Subclauses 4.22.1.1., 4.22.2.1. and 4.22.3.1. apply when such
lot is developed with a permitted use or building.
4.22.5.
The minimum separation distance between a sensitive use and a rail yard is 300
metres.
4.23.
Waterbody Separation Distances
4.23.1.
The minimum separation distance from the high water mark of a waterbody to
any use or building, including any part of a private sewage system, is 30.0 metres,
except for:
1.
Vegetated buffer to enhance water quality, minimize soil erosion, provide plant
and animal habitat, establish connectivity and wildlife corridors, and contribute
to the overall health of shoreline ecosystems;
2.
Vegetated buffer which screens views of development or creates natural
spaces for passive recreation;
3.
Parks or conservation areas that provide controlled access to the waterbody;
4.
Public trail systems and interpretive signage;
5.
Marine facilities;
6.
Marinas, where they are permitted in the Zone applicable to the lot, excluding
detached accessory buildings with accessory uses;
7.
Agricultural uses existing as of the date of passing of this By-law;
Kingston Zoning By-Law Number 2022-62
Section 4: General Provisions - Part 1, Page 90
8.
Shoreline stabilization works; and
9.
Utilities infrastructure including stormwater outfall, water treatment and
pumping facilities and combined sewer overflow management facilities.
4.23.2.
It is intended that additional uses or buildings may be authorized through a minor
variance in accordance with the policies of the Official Plan and subject to, and in
accordance with, the provisions of the Planning Act.
4.24.
Pipeline Separation Distances
4.24.1.
The minimum setback from a lot line adjacent to land that contains a pipeline is:
1.
30.0 metres for an elementary school and secondary school;
2.
7.0 metres for any other type of principal building;
3.
7.0 metres for driveways, drive aisles, parking spaces, parking lots, retaining
walls, light standards and utility poles; and
4.
3.0 metres for any accessory building, swimming pool, deck, patio and
porch.
4.24.2.
The minimum separation distance from a registered right-of-way for a pipeline is:
1.
30.0 metres for an elementary school and secondary school;
2.
7.0 metres for any other type of principal building;
3.
7.0 metres for driveways, drive aisles, parking spaces, parking lots, retaining
walls, light standards and utility poles; and
4.
3.0 metres for any accessory building, swimming pool, deck, patio and
porch.
4.25.
Waste and Recycling
4.25.1.
Waste and recycling must not be stored on any lot in any Zone except within the
principal building or an accessory building on such lot or in a container located in
the interior yard or rear yard of such lot.
4.25.2.
A waste or recycling storage area, including any loading or unloading area, which is
visible from an adjoining site in an Urban Residential Zone, Urban Multi-Residential
Kingston Zoning By-Law Number 2022-62
Section 4: General Provisions - Part 1, Page 91
Zone, HCD1 Zone, HCD3 Zone, CN, WM1, WM2, CA, CD, CR, CG, CW, HB, OS1 or
OS2 Zone, a public open space, a waterbody or a street must have a visual screen
at a minimum height that is equal to any bins or dumpsters stored within the waste
or recycling storage area.
(By-Law Number 2022-62; 2024-332)
4.25.3.
A commercial waste or recycling dumpster or bin is permitted in an interior yard,
exterior yard or rear yard, and must be setback a minimum of 1.2 metres from a
lot line.
(By-Law Number 2022-62; 2024-332)
4.25.4.
For residential buildings with five to ten dwelling units, a dedicated waste and
recycling storage area must be provided inside a building or within the interior
yard or rear yard, with a minimum area of at least 5 square metres.
(By-Law Number 2022-62; 2024-332)
4.26.
Mineral Aggregate Operation Separation Distance for All
Residential Uses
4.26.1.
A minimum separation distance of 300.0 metres is required between a residential
use and a lot with a gravel pit in an MX1 Zone.
4.26.2.
A minimum separation distance of 500.0 metres is required between a residential
use and a lot with a mineral aggregate operation in an MX1 Zone.
4.26.3.
Where a residential use, gravel pit or mineral aggregate operation existed as of
the date of passing of this By-law and does not comply with Clauses 4.26.1. or
4.26.2., such use is deemed to conform with this By-law.
4.27.
Walkways for All Residential Uses
4.27.1.
All dwelling units, including those located in an accessory house, detached
building with an additional rural unit, house, semi-detached house, townhouse,
stacked townhouse, apartment building or mixed use building must be accessed
by a walkway that complies with the following provisions:
1.
The minimum width of the walkway is 1.1 metres wide;
2.
In the urban area, the walkway must be provided from a street line to the
main exterior entrance, or to stairs leading to the main exterior entrance, of
every dwelling unit on a lot. Where dwelling units share a common main
Kingston Zoning By-Law Number 2022-62
Section 4: General Provisions - Part 1, Page 92
exterior entrance, the walkway must be provided to the common main
exterior entrance;
3.
In the rural area, the walkway must be provided from the driveway containing
the parking space for the dwelling unit to the exterior entrance, or to stairs
leading to an exterior entrance, of every dwelling unit on a lot;
4.
The walkway must be separately delineated and measured distinctly from a
required driveway and parking space through a change in surface materials
or line painting or other similar mechanism. A vehicle must not park on top of
any part of the walkway; and
5.
The walkway must be unobstructed up to a minimum height of 2.1 metres
above grade with the exception of the following features that are permitted to
project as localized protrusions into the walkway:
(a)
Hydro or gas meters;
(b) Window sills, chimneys, fireplace projections, cornices, gutters, pilasters
or similar architectural features.
(By-Law Number 2022-62; 2024-332)
4.27.2.
Clause 4.27.1. does not prevent the establishment of a gate across a walkway to
access an exterior entrance through a fenced yard.
4.27.3.
When a building with a dwelling unit has legal non-complying status in
accordance with Subsection 1.8. due to an insufficient walkway, this Subsection is
not interpreted to require that the deficiency be made up prior to the renovation of
the existing non-complying building. However further development which has the
effect of adding one or more bedrooms or dwelling units is not permitted unless
Clause 4.27.1. is complied with.
4.27.4.
Where a house contains a dwelling unit as of the date of passing of this By-law,
which wasn't a permitted use in the former zoning by-laws when such unit was
developed, and such dwelling unit does not comply with 4.27.1., the dwelling unit
is deemed to be legal non-complying insofar as the walkway requirements of
4.27.1. only, subject to and in accordance with Clause 4.27.3.
(By-Law Number 2022-62; 2024-332)
4.27.5.
Despite Subclause 4.27.1.4., where a lot was developed with a residential building
and driveway as of the date of passing of this By-law, where the lot is developed in
a manner that maintains, renovates and/or adds floor area to the existing
Kingston Zoning By-Law Number 2022-62
Section 4: General Provisions - Part 1, Page 93
residential building and has the effect of adding additional permitted bedrooms
and/or dwelling units to the lot (either in the principal building or as an
accessory house):
1.
The walkway and driveway are permitted to overlap if:
(a)
The portion of the driveway where the walkway overlaps does not
contain any parking spaces; and
(b) The 1.1 metre wide walkway must be clearly delineated and distinct from
the driveway through a change in surface materials or line painting or
other similar mechanism; and
(c)
A sign must be provided that clearly indicates that vehicles must use
caution and yield to pedestrians using the walkway. It must also state
that parking is prohibited on top of the walkway; and
2.
Portions of a walkway are permitted to be less than 1.1 metres wide where the
walkway is provided in an existing yard that is less than 1.1 metres in width if:
(a)
the walkway is designed in a manner that provides the greatest possible
walkway width based on the dimensions of the existing yard; and
(b) the walkway is a minimum of 0.8 metres wide at the narrowest point; and
(c)
all portions of the walkway outside of the existing yard are a minimum
of 1.1 metres wide.
(By-Law Number 2022-62; 2024-332)
4.28.
Maximum Number of Bedrooms
4.28.1.
A maximum of 8 bedrooms are permitted per lot, in the aggregate, on:
1.
Any lot in the Urban Residential Zones, DR Zone and the HCD1 Zone; and
2.
A lot in the Urban Multi-Residential Zone or the HCD3 Zone where there are 2
or less principal dwelling units.
4.28.2.
Despite Clause 4.28.1., where the "Fourth Residential Unit Holding Area" established
in Clause 5.4.5. is removed from a lot, a maximum of 12 bedrooms are permitted
per lot, in the aggregate, with the exception of lots located within the area bounded
by Sir John A. Macdonald Boulevard to the West, Bath Road and Concession Street
to the North, Division Street to the East, and Johnson Street to the South and the
Kingston Zoning By-Law Number 2022-62
Section 4: General Provisions - Part 1, Page 94
area bounded by Sir John A. Macdonald Boulevard to the West, Johnson Street to
the North and East until Ontario Street, the North side of Ontario Street until Gore
and the West portion of Gore until Lake Ontario and the HCD1 and HCD3 zones,
where the maximum number of bedrooms is 10 bedrooms per lot in the aggregate
for all lots developed with 4 dwelling units in a house, semi-detached house,
townhouse and/or accessory house.
(By-Law Number 2022-62; 2024-333)
4.29.
Accessory Houses in the Urban Area
4.29.1.
In an Urban Residential Zone, Urban Multi-Unit Residential Zone, HCD1 Zone, HCD3
Zone, IN2 Zone or DR Zone, an accessory house is permitted as an accessory use
to a house, semi-detached house, townhouse, or a place of worship.
4.29.2.
Accessory houses are exempt from the provisions of Subsection 4.1. but must
comply with all other applicable provisions of this By-law including, but not limited
to, the walkway provisions of Subsection 4.27., the bedroom provisions of
Subsection 4.28., the parking space and bike space provisions of Section 7., and
the housing constraint areas in Subsection 5.4.
4.29.3.
Accessory houses are exempt from provisions that:
1.
establish the maximum density as a measure of dwelling units per net
hectare; and
2.
establish the minimum lot area per dwelling unit on a lot.
Accessory House Provisions
4.29.4.
Where permitted, an accessory house must comply with the following
requirements:
1.
Accessory houses are only permitted on a lot with three or less dwelling
units in the principal building.
2.
A maximum of one dwelling unit is permitted in an accessory house.
3.
An accessory house must be located within a rear yard or interior yard and
must comply with the following provisions:
(a)
Minimum rear setback of 1.2 metres;
(b) Minimum interior setback of 1.2 metres;
Kingston Zoning By-Law Number 2022-62
Section 4: General Provisions - Part 1, Page 95
(c)
Minimum front setback and exterior setback of the applicable Zone;
(d) Maximum lot coverage of all accessory buildings on a lot is 10% in the
aggregate;
(e)
Maximum height of 4.6 metres; and
(f)
Maximum height of 1 storey.
4.
The rear yard or interior yard must be screened with a privacy fence with a
minimum height of 1.8 metres as follows:
(a)
When the accessory house is located in a rear yard, the privacy fence
must be established along all interior lot lines and rear lot lines
adjacent to the rear yard;
(b) When the accessory house is located in an interior yard, the privacy
fence must be established along the interior lot line closest to the
accessory house extending from the intersection of the interior lot line
with the rear lot line to the intersection of the interior lot line with the
required front setback; or
(c)
When the accessory house is located in both a rear yard and an interior
yard, the privacy fence must be established in accordance with
Subclauses (a) and (b).
5.
Where a lot is created through a plan of subdivision under the Planning Act
or a description under the Condominium Act, 1998 following the date of
passing of this By-law, an accessory house must comply with the provisions of
Subclauses 4.29.4.5. and 4.29.4.6., except:
(a)
Accessory houses that are accessed by a private street or public
laneway adjacent to the rear lot line must comply with the following
provisions:
(i)
the minimum interior setback is 0.0 metres;
(ii) the maximum height is the lesser of 7.5 metres or 2 storeys;
(iii) a privacy fence with a minimum height of 1.8 metres must be
established along all interior lot lines adjacent to the rear yard and
interior yard. No privacy fence is required along the rear lot line;
and
Kingston Zoning By-Law Number 2022-62
Section 4: General Provisions - Part 1, Page 96
(iv) despite Clause 4.27.1.4., the walkway requirements of Subsection
4.27. may be satisfied through the provision of an unobstructed 6.0
metre wide private street or public laneway connected to a
walkway on the lot.
Legal Non-Compliance
6.
Where a principal building is legal non-complying in accordance with
Subsection 1.8., an accessory house is permitted to be developed on the lot if
it complies with all applicable provisions of this Subsection and all other
applicable provisions of this By-law.
7.
In an Urban Residential Zone, Urban Multi-Unit Residential Zone, HCD1 Zone,
HCD3 Zone, RUR Zone, RU Zone, LSR Zone or DR Zone a private garage that
existed on the date of passing of this By-law is permitted to be converted into
an accessory house without any zoning relief required related to the location
and size of the private garage on the lot as long as it complies with all other
provisions of this Subsection that are not related to the location and size of the
private garage and all other applicable provisions of this By-law.
(By-Law Number 2022-62; 2024-332)
4.30.
Additional Rural Units in the Rural Area
4.30.1.
In the AG, RU, RUR, LSR and HAM Zones, additional rural units are permitted only
as an accessory use to a house, semi-detached house, or place of worship, if such
building is listed as a permitted use in the applicable Zone and in accordance with
this Subsection.
4.30.2.
Additional rural units are exempt from the provisions of Subsection 4.1. but must
comply with all other applicable provisions of this By-law including, but not limited
to, the walkway provisions of Subsection 4.27., the parking space and bike space
provisions of Section 7. and the housing constraint areas in Subsection 5.4.
4.30.3.
Additional rural units are exempt from provisions that:
1.
establish the maximum density as a measure of dwelling units per net
hectare; and
2.
establish the minimum lot area per dwelling unit on a lot.
(By-Law Number 2022-62; 2024-332)
Kingston Zoning By-Law Number 2022-62
Section 4: General Provisions - Part 1, Page 97
General Provisions for Attached and Detached Additional Rural Units
4.30.4.
Where permitted, additional rural units must comply with the following provisions:
1.
Additional rural units are not permitted on a lot containing two or more
principal dwelling units.
2.
Additional rural units must be connected to private services to the
satisfaction of the City.
3.
A maximum of two additional rural units are permitted per lot including a
maximum of one second rural unit and a maximum of one third rural unit.
4.
Where two additional rural units are located on one lot:
(a)
A maximum of one detached additional rural unit is permitted; and
(b) A maximum of one additional rural unit may be attached to or located
within the principal building.
Attached Additional Rural Unit Provisions
5.
An additional rural unit that is attached to the principal building or located
within the principal building must comply with all provisions of Clause 4.30.4.
and must comply with all provisions applicable to the principal building.
Detached Additional Rural Unit Provisions
6.
In addition to meeting all provisions of Clause 4.30.4., an additional rural unit
in a detached accessory building must be located within a rear yard or
interior yard and the accessory building must comply with the following
provisions:
(a)
Minimum rear setback of 1.2 metres;
(b) Minimum interior setback of 1.2 metres;
(c)
Minimum front setback and exterior setback of the applicable Zone;
(d) Maximum lot coverage of all accessory buildings on a lot is 10% in the
aggregate;
(e)
Maximum height of 4.6 metres; and
(f)
Maximum height of 1 storey.
Kingston Zoning By-Law Number 2022-62
Section 4: General Provisions - Part 1, Page 98
Legal Non-Compliance
7.
Where a principal building is legal non-complying in accordance with
Subsection 1.8., an additional rural unit is permitted within the existing
principal building if the development of the additional rural unit complies
with all other standards this By-law including, but not limited to, the walkway
provisions of Subsection 4.27., the parking space and bike space provisions of
Section 7. and the housing constraint areas in Subsection 5.4.
8.
Where a principal building is legal non-complying in accordance with
Subsection 1.8., an additional rural unit is permitted to be attached to the
principal building if any new development associated with the additional
rural unit complies with this By-law.
9.
Where a principal building is legal non-complying in accordance with
Subsection 1.8., an additional rural unit is permitted in a detached accessory
building if the detached accessory building complies with this By-law.
(By-Law Number 2022-62; 2024-332)
4.31.
Highway 401 Separation Distance
4.31.1.
Where a lot is adjacent to the Highway 401 right-of-way and such lot is developed
with a permitted use or building, the minimum required separation distance from
a use or building to the Highway 401 right-of-way is 14.0 metres.
4.31.2.
Where a lot is not adjacent to the Highway 401 right-of-way, but is located in an
area where a use or building can be developed within 14.0 metres of the Highway
401 right-of-way, Clause 4.31.1. applies.
4.32.
Separation Distances between Sensitive Uses and Industrial
Facilities
4.32.1.
Despite anything to the contrary in this By-law, the establishment of a new sensitive
use must comply with the following minimum separation distances from a Class 1,
Class 2 or Class 3 industrial facility, as applicable, located within an Employment
Zone. Despite clause 3.19.7., this separation distance must be measured as per the
province's D-series Environmental Land Use Compatibility Guidelines, or any
successor thereof:
1.
Minimum separation distance from a Class 1 industrial facility located within
an Employment Zone: 20 metres;
Kingston Zoning By-Law Number 2022-62
Section 5: Overlay Provisions - Part 1, Page 99
2.
Minimum separation distance from a Class 2 industrial facility located within
an Employment Zone: 70 metres; and
3.
Minimum separation distance from a Class 3 industrial facility located within
an Employment Zone: 300 metres
4.32.2.
Despite clause 4.32.1, any sensitive use within the required separation distance
existing as of the date of passing of By-law Number 2025-118, is considered to
comply with this provision and may be expanded as long as it does not further
increase the extent or degree of non-compliance with clause 4.32.1.
(By-Law Number 2022-62; 2024-332; 2025-118)
Section 5: Overlay Provisions
5.1.
Floodplain Overlay
5.1.1.
No use or building is permitted within the area identified as "Floodplain" or "Wave
Uprush" on Schedule A for any purpose other than the following uses, where the
use is permitted by the underlying Zone:
1.
Agricultural use, excluding a building;
2.
Conservation use, excluding a building;
3.
Forestry use, excluding a building;
4.
Marine facility;
5.
Marina;
6.
Park;
7.
Public use; and
8.
Utility installations that are subject to the requirements of the Environmental
Assessment Act, R.S.O. 1990, c. E.18.
5.1.2.
Despite Clause 5.1.1., where a lot is located within the area identified as the "Wave
Uprush" area on Schedule A, uses existing as of the date of passing of this By-law
are permitted and Clauses 1.8.2., 1.8.3. and 1.8.4. apply to the expansion of legal
non-complying buildings and accessory buildings in connection with these
permitted uses.
Kingston Zoning By-Law Number 2022-62
Section 5: Overlay Provisions - Part 1, Page 100
5.1.3.
The Floodplain Overlay on Schedule A may be adjusted as a technical revision in
accordance with Clause 1.10.2., where such adjustment lessens the extent of the
floodplain in a manner that is supported by a technical assessment to the
satisfaction of the Cataraqui Region Conservation Authority and the Director.
Kingston Zoning By-Law Number 2022-62
Section 5: Overlay Provisions - Part 1, Page 101
5.2.
Source Water Protection Overlay
Cana Wellhead Protection Area
5.2.1.
The area identified as "Cana Wellhead Protection Area" on Schedule B is located in a
Wellhead Protection Area identified by the Cataraqui Source Protection Plan.
The lands within the "Cana Wellhead Protection Area" are subject to all applicable
provisions of this By-law, with the exception that any activity, use or undertaking
that is prohibited or regulated under Section 59 of the Clean Water Act is not
permitted except in accordance with the Clean Water Act.
Intake Protection Zone
5.2.2.
The areas identified as "Intake Protection Zone" on Schedule B are located in an
Intake Protection Zone identified by the Cataraqui Source Protection Plan. The
lands within the "Intake Protection Zone" are subject to all applicable provisions of
this By-law, with the exception that any activity, use or undertaking that is
prohibited or regulated under Section 59 of the Clean Water Act is not permitted
except in accordance with the Clean Water Act.
5.3.
Airport Noise Exposure Overlay
5.3.1.
Despite anything to the contrary in this By-law, sensitive uses are not permitted
within the area above 30 NEF as shown on Schedule C.
5.2.1. The area identified as Cana Wellhead Protection Area on Schedule B is located in a Wellhead Protection
Area identified by the Cataraqui Source Protection Plan. The lands within the "Cana Wellhead Protection
Area are subject to all applicable provisions of this By-law, with the exception that any activity, use or
undertaking that is prohibited or regulated under Section 59 of the Clean Water Act is not permitted except in accordance
with the Clean Water Act.
Kingston Zoning By-Law Number 2022-62
Section 5: Overlay Provisions - Part 1, Page 102
5.4.
Housing Constraint Area Overlays
5.4.1.
Schedule D1, Urban Constraint Areas and Second Rural Unit Holding Overlay,
Schedule D2, Third Rural Unit Holding Overlay and Schedule D3, Fourth Urban
Residential Unit Holding Overlay, have the effect of restricting the development or
use of a lot or building in accordance with the provisions of this Subsection.
(By-Law Number 2022-62; 2024-332; 2024-333)
5.4.2.
Additional rural units, accessory houses and the construction of new dwelling
units beyond what legally existed on the date of passing of this By-law;
1.
On lands identified as "Rural Constraint Area - Loughborough Lake (At-
Capacity Lake)" on Schedule D1;
2.
Within a basement or basement storey on lands identified as "Urban
Constraint Area - Sewer Surcharging (Combined Storm and Sewer)" on
Schedule D1. For clarity, this provision only restricts the entirety of a dwelling
unit from being located within a basement or basement storey - habitable
floor area of a dwelling unit is permitted in a basement or basement storey
when a habitable room of such dwelling unit is located at or above the first
storey;
3.
On lands identified as "Urban Constraint Area - Sewer Capacity" on Schedule
D1; or
4.
Within a basement or basement storey on lands identified as "Urban
Constraint Area - Sewer Surcharging" on Schedule D1. For clarity, this
provision only restricts the entirety of a dwelling unit from being located
within a basement or basement storey - habitable floor area of a dwelling
unit is permitted in a basement or basement storey when a habitable room
of such dwelling unit is located at or above the first storey.
(By-Law Number 2022-62; 2024-332)
5.4.3.
In accordance with Clause 2.6.2., a Holding Overlay has been established in the area
identified as "Water Supply/Water Quality" on Schedules D1 and D2. The "Second
Rural Unit- Water Supply/Water Quality" on Schedule D1 only applies to the
development of a second rural unit and the "Third Rural Unit- Water
Supply/Water Quality" on Schedule D2 only applies to the development of a third
rural unit. Prior to the removal of any lot from a Holding Overlay and the issuance
of a building permit for an additional rural unit, the following conditions must be
satisfied:
Kingston Zoning By-Law Number 2022-62
Section 5: Overlay Provisions - Part 1, Page 103
1.
The following conditions apply to an additional rural unit that is attached to
the principal building and connects to the private services of the principal
building:
(a)
A letter of opinion to the satisfaction of the City's Environment Director
(or designate) from an independent, qualified professional must be
submitted stating that the private water supply is sufficient to support the
additional rural unit in combination with the normal operation of the
principal dwelling on the lot. The qualified professional must hold a valid
licence to practice in Ontario as either an engineer (P.Eng.) or geoscientist
(P.Geo). The letter must be signed by the qualified professional and must
demonstrate how the supply well will support the increased demand
required by the additional rural unit while ensuring that neighbouring
wells are not adversely impacted. In addition, the qualified professional
must include a statement that any water quality treatment systems in
place at the time of review are sufficient in terms of design, maintenance
and condition to safely service the proposed additional rural unit in
combination with the existing principal dwelling unit; and
(b) Approval of the private sewage system must be obtained from the City
or applicable approval authority.
2.
The following conditions apply to a detached additional rural unit or an
additional rural unit that is attached to the principal building and is not
connecting to existing private services:
(a)
A Hydrogeological Study is to be completed to the satisfaction of the
City's Environment Director (or designate) from an independent qualified
professional (P.Eng.) or geoscientist (P.Geo). to determine that the
groundwater quality and quantity is sufficient for the additional rural
unit and will not adversely impact the water supply of adjacent lots and
the principal dwelling unit. The Hydrogeological Study must be
completed in accordance with the City's Standard for Hydrogeological
Assessments. Adjustments to the requirements of a full hydrogeological
study to demonstrate the suitability of private water supply may be
considered by the City's Environment Director (or designate). The
Hydrogeological Study must also assess sewage system impact and
demonstrate that:
(i)
The area of development is not hydrogeologically sensitive; and
Kingston Zoning By-Law Number 2022-62
Section 5: Overlay Provisions - Part 1, Page 104
(ii) The private sewage system is isolated from the receiving aquifer,
or the impact of the principal dwelling unit plus the additional
rural unit is less than 10 milligrams per litre nitrate-nitrogen at the
property boundary.
(b) Approval of the private sewage system must be obtained from the City
or applicable approval authority.
(By-Law Number 2022-62; 2024-332)
5.4.4.
In accordance with Clause 2.6.2., a Holding Overlay has been established in the area
identified as "Servicing Capacity (Cana Subdivision)" on Schedules D1 and D2. The
"Second Rural Unit- Servicing Capacity (Cana Subdivision)" on Schedule D1 only
applies to the development of a second rural unit and the "Third Rural Unit-
Servicing Capacity (Cana Subdivision)" on Schedule D2 only applies to the
development of a third rural unit. Prior to the removal of any lot from a Holding
Overlay and the issuance of a building permit for an additional rural unit, the
following conditions must be satisfied:
1.
A letter of opinion has been provided from a qualified professional confirming
that water and/or wastewater capacity issues will not be experienced on the lot
as a result of the establishment of an additional rural unit, to the satisfaction
of Utilities Kingston.
(By-Law Number 2022-62; 2024-332)
5.4.5.
In accordance with Clause 2.6.2., a Holding Overlay has been established in the area
identified as "Fourth Residential Unit Holding Area" on Schedule D3 and only
applies to the development of a fourth dwelling unit in a house, semi-detached
house, townhouse or accessory house on one lot in chronological order of
development of the lot. Prior to the removal of any lot from the Holding Overlay
and the issuance of a building permit for the fourth dwelling unit in a house, semi-
detached house, townhouse or accessory house on one lot, the following
conditions must be satisfied:
1.
The City is satisfied that there is adequate servicing capacity (i.e., water,
wastewater, natural gas, and electrical) for the proposed development;
2.
All necessary studies, as determined by the City, have been completed and
accepted by the City. Required studied may include but are not limited to
studies related to servicing capacity, transportation impact, parking, soil, nosid,
natural heritage features, archaeological, environmental constraints or a
Record of Site Conditions.
Kingston Zoning By-Law Number 2022-62
Section 5: Overlay Provisions - Part 1, Page 105
Note: There are limitations in the number of plumbing fixtures that are
permitted under the Ontario Building Code that are dependent on the size of
the water service to a property. Many areas of the City have a water service size
that will limit the number of plumbing fixtures. Applicants are encouraged to
contact the City early in the design process to determine the number of
plumbing fixtures that will be permitted.
(By-Law Number 2022-62; 2024-333)
Kingston Zoning By-Law Number 2022-62
Section 5: Overlay Provisions - Part 1, Page 106
5.5.
Exception Overlay
5.5.1.
The Exception Overlay on Schedule E has the effect of restricting the development
or use of a lot or building in accordance with the provisions of the corresponding
Legacy Exception in Section 20 or Exception in Section 21. Unless specifically
amended by the Exception, all provisions of this By-law continue to apply.
5.5.2.
Despite Clauses 1.5.1. and 1.5.2., the applicable former zoning by-laws apply to
assist in the interpretation of any Legacy Exception provision in Section 20 originally
enacted under the applicable former zoning by-law. Where a provision of this By-
law is more restrictive than the applicable former zoning by-law in respect of the
interpretation of any Legacy Exception, the provision of the former zoning by-law
that was in force as of the date of passing of this By-law prevails and may be relied
upon for the issuance of a building permit where the building permit is consistent
with the content of the rezoning application that resulted in the approval of such
Legacy Exception.
5.5.3.
The Legacy Exceptions in Section 20 are drafted in the language of the applicable
former zoning by-law, which may not be consistent with the language used in the
balance of this By-law. Terminology contained in Section 20 is specific to the
particular Legacy Exception and does not apply to the balance of this By-law. Uses
referenced in Section 20 and not referenced elsewhere in this By-law are not to be
construed as distinct from those uses referred to in Sections 1 through 19 or
Sections 21 through 24.
5.5.4.
Where a Legacy Exception in Section 20 or Exception in Section 21 refer to "the site
specific by-law", the intent is to refence the implementing zoning by-law that
established the Legacy Exception under the applicable former zoning by-law or
Exception under this By-Law, as applicable.
5.5.5.
Despite Clause 5.5.2., where a Legacy Exception only permits a select range of
building types that are considered to be a house, semi-detached house or
townhouse by this By-law, such Legacy Exception is interpreted to allow a house,
semi-detached house or townhouse subject to the maximum number of dwelling
units identified in the applicable Zone, of which a maximum of one dwelling unit is
permitted in an accessory house or as a detached additional rural unit (as
applicable), and subject to compliance with all provisions of this By-law including all
Housing Constraint Area Overlays in Subsection 5.4.
(By-Law Number 2022-62; 2024-332)
Kingston Zoning By-Law Number 2022-62
Section 5: Overlay Provisions - Part 1, Page 107
5.6.
Holding Overlay
5.6.1.
In accordance with Clause 2.6.2., a Holding Overlay has been established as
Schedule F which has the effect of restricting the development of a lot in
accordance with the corresponding Holding Conditions in Section 22.
5.6.2.
A lot that is subject to a Holding Overlay may only be developed for the following
purposes until such time as the Holding Overlay is removed:
1.
Uses that legally existed on the date of the passing of this By-law;
2.
A model home in accordance with Clause 6.6.1.
5.6.3.
Despite Clause 5.6.2., where the corresponding Holding Condition in Section 22
states that it only applies to specific development, all other permitted
development may proceed prior to the removal of the Holding Overlay.
5.6.4.
The Holding Overlay may be partially removed from any lot, either through revisions
to the extent of lands covered by the Holding Overlay or by revisions to the
language of the Holding Conditions in Section 22.
5.6.5.
A building that legally existed as of the date of passing of this By-law on a lot that
is subject to a Holding Overlay may be renovated or altered if such renovation or
alteration does not:
1.
Increase the height, size or volume of the building;
2.
Have the effect of adding one or more bedrooms or dwelling units; or
3.
Change the use.
5.7.
Non-Residential Conversion Overlay
5.7.1.
All existing buildings used, either in part or as a whole, for non-residential uses on
a lot identified as "Non-Residential Conversion Area" on Schedule G of this By-law
are permitted to be converted to a mixed use building or an apartment building
through the construction of one or more dwelling units.
5.7.2.
The conversion of existing buildings permitted by Clause 5.7.1. does not require
any zoning relief related to the location and size of the existing building and is
exempt from Subsection 4.3. requiring amenity area and Subsection 4.16. requiring
planting strips, but must comply with all other applicable provisions of this By-law.
Kingston Zoning By-Law Number 2022-62
Section 5: Overlay Provisions - Part 1, Page 108
5.7.3.
In accordance with Clause 2.6.2, a Holding Overlay has been established in the area
identified as "Non-Residential Conversion Area - Holding Overlay" on Schedule G.
Prior to the removal of any lot from a Holding Overlay and the issuance of a
building permit for a conversion in accordance with Clauses 5.7.1. and 5.7.2., the
following conditions must be satisfied:
(a)
The City is satisfied that there is adequate servicing capacity (i.e. water,
wastewater, natural gas, and electrical) for the proposed development;
(b)
All necessary studies, as determined by the City through the pre-
consultation process, have been completed and accepted by the City.
Required studies may include but are not limited to studies related to
servicing capacity, transportation impact, parking, soil, noise, natural
heritage features, archeological assessments, heritage impact
assessments, environmental constraints or a Record of Site Condition;
and
(c)
All agreements required by the City through the pre-consultation
process, including site plan control, have been executed and registered
on title, as appropriate.
5.8.
Express Transit Area Overlay
5.8.1.
All lots with a street line along a street identified as an Express Transit route
subject to an identified height (in storeys and metres) on Schedule H of this By-law
are intended to be developed with an apartment building or mixed use building
through a minor variance application in accordance with Section 45 of the Planning
Act and the Express Transit Area policies of the Official Plan.
5.8.2.
Where an apartment building or mixed use building is permitted through a minor
variance in accordance with Clause 5.8.1., the provisions of Sections 8 to 21 of this
By-law do not apply, and instead the performance standards in Table 5.8.2. and
Clauses 5.8.3. and 5.8.4. apply. All other applicable provisions of this By-law must be
complied with. It is the intent of this By-law to allow for minor variances to the
performance standards where necessary due to the unique configuration, layout or
location of a lot in accordance with the policies of the Official Plan.
Table 5.8.2. - Express Transit Area Performance Standards
Zoning Provision
all permitted uses
1. Minimum lot area (square
metres)
--
Kingston Zoning By-Law Number 2022-62
Section 5: Overlay Provisions - Part 1, Page 109
Zoning Provision
all permitted uses
2. Minimum lot frontage
(metres)
--
3. Maximum height (metres and
storeys)
The maximum height is the lesser of the number of
storeys or height in metres identified along the street
line of the lot on Schedule H of this By-law
4. Minimum and maximum front
setback (metres)
To be determined through a minor variance application
5. Minimum rear setback
(metres)
To be determined through a minor variance application
6. Minimum exterior setback
(metres)
To be determined through a minor variance application
7. Minimum interior setback
(metres)
To be determined through a minor variance application
8. Minimum stepbacks
(a) for lots where the maximum height is greater than 6
storeys, the minimum stepbacks required along the
front lot line and/or exterior lot line:
(i) storeys 7 and above: minimum 3.0 metres from the
exterior wall of the 6th storey
(b) for all other lots: N/A
9. Minimum landscaped open
space
10%
10. Maximum lot coverage
To be determined through minor variance application
11. Minimum floor to floor
height of first storey
4.5 metres
5.8.3.
Despite the definitions of front lot line and rear lot line, for the purpose of this
Subsection, the front lot line is the street line along a street identified as "Express
Transit". If a lot has more than one street line along a street identified as "Express
Transit", then the shorter lot line is considered the front lot line.
5.8.4.
In addition to the provisions of Table 5.8.2., apartment buildings or mixed use
buildings permitted through a minor variance must comply with the following
provisions:
1.
The minimum separation distance between a building and a lot located in a
UR Zone is:
(a)
For storeys 1 to 4: 10 metres;
Kingston Zoning By-Law Number 2022-62
Section 5: Overlay Provisions - Part 1, Page 110
(b) For storeys 5 to 6: 15 metres; and
(c)
For storeys 7 and above: 20 metres.
2.
The main pedestrian entrance to the building must be located on the main
wall facing the front lot line.
3.
A minimum of 50% of the front yard and exterior yard must be soft
landscaping that allows water to permeate into the ground (vegetation such as
trees, shrubs, hedges, ornamental plantings, grass, groundcover or other
similar plantings).
4.
Loading spaces, parking spaces and parking lots are not permitted in a
front yard or exterior yard.
5.
Parking structures are not permitted to occupy any part of a main wall facing
a street line.
6.
At the second storey and above, the maximum horizontal length of one
continuous plane of a main wall of a building facing the front lot line and
exterior lot line is 30 metres before articulation is provided. Articulation must
be provided in the form of relief for a minimum horizontal length of 6 metres
along the main wall at a minimum depth of 2 metres from the face of the
main wall.
7.
For buildings greater than 10 storeys in height, the maximum floor plate of
all storeys above the 6th storey is 800 square metres. Floor plate includes all
areas enclosed within exterior walls, including hallways, elevators, stairs,
mechanical shafts, and all similar components.
8.
Where a lot is adjacent to a lot in a UR Zone, within the required rear setback,
a minimum 2.0 metre wide planting strip must be provided along the full
length of the rear lot line and must comply with Subclause 4.16.1.2.
5.9.
Servicing Allocation Policy Overlay
5.9.1.
Where a Servicing Allocation Policy is in effect, in accordance with Clause 2.6.2, a
Holding Overlay is established in the area identified as "Servicing Allocation Policy
Area" on Schedule J.
5.9.2.
No new development is permitted in the Servicing Allocation Policy Area until such
time that the Holding Overlay is removed for specified forms of development
through a partial hold removal in accordance with Clause 2.6.4.
Kingston Zoning By-Law Number 2022-62
Section 5: Overlay Provisions - Part 1, Page 111
5.9.3.
In order to remove the Servicing Allocation Policy Area Holding Overlay, the
following conditions must be satisfied:
1.
The City has confirmed servicing allocation for the specified form of
development in accordance with the Servicing Allocation Policy.
5.9.4.
Despite Clause 5.9.2., where the Servicing Allocation Policy specifies forms of
development that are not subject to the Policy, such forms of development are not
subject to the Servicing Allocation Policy Area Holding Overlay.
5.9.5.
Where the City has established an expiry on a servicing allocation for a specified
form of development as per Subclause 5.9.3.1. and that allocation expires,
amendments to the Servicing Allocation Policy Overlay to delete the partial hold
removal are considered a technical revision in accordance with Clause 1.10.2.";
(By-Law Number 2022-62; 2024-332)
Kingston Zoning By-Law Number 2022-62
Section 6: Specific Use Provisions - Part 1, Page 112
Section 6: Specific Use Provisions
6.1.
Tiny Houses, Mobile Homes and innovative Housing Technologies
6.1.1.
Tiny houses, mobile homes, modular homes and other similar innovative housing
technologies that result in the construction of a dwelling unit are considered a
dwelling unit in a residential building. Where permitted, they must comply with all
provisions applicable to:
1.
the principal residential building in the urban area or rural area, as
applicable; or
2.
detached additional rural unit if it is located in the rural area; or
3.
accessory houses if it is located in the urban area.
(By-Law Number 2022-62; 2024-332)
6.2.
Gasoline Pump
6.2.1.
Where a gasoline pump is accessory to a service station, the gasoline pump may
be located in the front yard or exterior yard, provided that:
1.
The minimum setback from the gasoline pump to any lot line is 4.5 metres;
and
2.
Where the lot is a corner lot, a gasoline pump must maintain a minimum
separation distance of 3.0 metres from a sight triangle.
6.3.
Home Offices and Home Occupations
6.3.1.
Home offices are permitted in all dwelling units and may be located in an
accessory building to the principal dwelling unit.
6.3.2.
A home occupation is permitted in all dwelling units and may be located in an
accessory building to the principal dwelling unit. In addition to the provisions
that apply to the principal dwelling unit and accessory buildings, a home
occupation is subject to the following provisions:
1.
Where the home occupation is located within the principal dwelling unit,
the gross floor area of the home occupation must be less than the gross
floor area dedicated to the principal dwelling unit. For the purpose of this
Kingston Zoning By-Law Number 2022-62
Section 6: Specific Use Provisions - Part 1, Page 113
calculation, where gross floor area is shared between the principal dwelling
unit and the home occupation, it is included in the gross floor area for both
the principal dwelling unit and the home occupation;
2.
A maximum of one employee, other than a resident of the dwelling unit, is
permitted to physically work in the home occupation;
3.
Outdoor storage of materials, equipment, or containers, exterior parking or
storage of commercial or industrial vehicles or equipment, animal enclosures
or other outdoor manufacturing or processing activities are prohibited on any
lot in conjunction with the home occupation, except as permitted by Clause
7.6.1.; and
4.
The following activities are prohibited as a home occupation:
(a)
sale and servicing of motor vehicles, recreational vehicles or any
motorized equipment, except on a lot in an AG or RU Zone; and
(b) cannabis production for any use other than personal use.
(By-Law Number 2022-62; 2024-332)
6.4.
Kennels
6.4.1.
Where a kennel is permitted by this By-law, the kennel may be located in the same
building as the principal dwelling unit, subject to the provisions of Clause 6.4.2.
6.4.2.
All components associated with a kennel, including buildings and all outdoor
animal runs, are considered buildings for zoning purposes, and must comply with
all applicable provisions of this By-law, as well as the following provisions:
Location of Animal Runs
1.
Outdoor animal runs associated with a kennel must be located in the rear
yard or interior yard.
Minimum Separation
2.
A minimum separation distance of 120.0 metres is required between a kennel
and all dwelling units, except for a dwelling unit located on the same lot.
Kingston Zoning By-Law Number 2022-62
Section 6: Specific Use Provisions - Part 1, Page 114
6.4.3.
Despite Subclause 6.4.2.2., when a kennel is established under the provisions of this
By-law, the subsequent construction of a new dwelling unit on a separate lot does
not render such kennel non-complying.
6.4.4.
All kennels existing as of the date of passing of this By-law which would be made
non-complying uses under Clause 6.4.2. are deemed to comply with this By-law.
6.5.
Marine Facilities
6.5.1.
A marine facility is permitted as an accessory use on any lot with a lot line that
adjoins a waterbody. Marine facilities are exempt from all other provisions of this
By-law, including the waterbody separation distance required by Clause 4.23.1.,
and:
1.
Must have a minimum setback of 1.2 metres from the interior lot line and/or
exterior lot lines, measured at the point where the marine facility intersects
with the lot line that adjoins the waterbody;
2.
Must not encroach on an adjacent lot as determined by measuring the
hypothetical extension of the lot lines into the waterbody;
3.
Where a marine facility includes a building with exterior walls and a roof,
including a boathouse, such building must:
(a)
Include a direct connection to the waterbody, either through an open
boat slip internal to the building or a marine railway;
(b) Not exceed a height of 6.0 metres, with height being measured from the
high water mark of the waterbody to the highest point of the building;
and
(c)
Not exceed 1 storey.
6.5.2.
Despite Clause 6.5.1., a marine facility is not permitted within a wetland that has
been identified by the Province of Ontario as a Provincially Significant Wetland.
6.6.
Model Homes
6.6.1.
Where a Model Home Agreement or a Subdivision Agreement permitting the
construction of model homes has been executed by the owner and the City, more
than one house, semi-detached house or townhouse may be constructed on a
lot prior to registration of the plan of subdivision under the Planning Act or a
description under the Condominium Act, 1998, subject to the following provisions:
Kingston Zoning By-Law Number 2022-62
Section 6: Specific Use Provisions - Part 1, Page 115
1.
The use must be permitted in the underlying Zone in which the house,
semi-detached house or townhouse is to be located;
2.
The model home must not be occupied as a dwelling unit prior to the date of
the registration of the subdivision plan or condominium plan;
3.
The maximum number of model homes within one plan of subdivision under
the Planning Act or a description under the Condominium Act, 1998 proposed
for registration is equal to 10% of the total number of lots intended for a
house, semi-detached house or townhouse purposes within the plan or
description for registration, to a maximum of 10 model homes;
(By-Law Number 2022-62; 2024-332)
4.
The model home must comply with all other provisions of this By-law, as
though constructed on the lot within the registered plan of subdivision under
the Planning Act or the description under the Condominium Act, 1998; and
5.
The model home must comply with all applicable terms and conditions of the
Model Home Agreement or Subdivision Agreement, as applicable.
6.7.
Outdoor Patios
6.7.1.
An outdoor patio is permitted as an accessory use on a lot containing a permitted
commercial or hospitality use, or on the roof of a building on such lot, and must
comply with the following provisions:
1.
Where the lot has a lot line that is adjacent to a lot in an Urban Residential
Zone, HCD1 Zone or HCD3 Zone:
(a)
A minimum separation distance of 3.0 metres is required between an
outdoor patio and such lot line; and
(b) A continuous, solid privacy fence with a minimum height of 1.8 metres
must be provided along the portion of such lot line adjacent to the
outdoor patio;
2.
Outdoor patios are permitted to occupy parking spaces, excluding required
accessible spaces, car-share spaces or visitor spaces; and
3.
Despite Section 7, no additional loading spaces or parking spaces are
required for an outdoor patio.
Kingston Zoning By-Law Number 2022-62
Section 6: Specific Use Provisions - Part 1, Page 116
6.8.
Co-Living Units
6.8.1.
Co-living units are permitted in an apartment building or a mixed use building.
6.8.2.
Where this By-law sets a standard based on the number of dwelling units for
apartment buildings or mixed use buildings, co-living units must comply with all
provisions that apply to dwelling units at a ratio of 4 private bedrooms and/or
living spaces to 1 dwelling unit.
6.9.
Transportation Terminals
6.9.1.
In addition to the uses permitted in the applicable Zone, the following uses are
permitted within a transportation terminal:
1.
Financial institution;
2.
Personal service shop;
3.
Restaurant;
4.
Retail store; and
5.
Repair shop.
6.9.2.
The uses permitted in Clause 6.9.1. must comply with the following provisions:
1.
Each individual occupancy must not exceed 50.0 square metres in gross floor
area; and
2.
The maximum cumulative gross floor area occupied by the permitted uses in
Clause 6.9.1 is 100.0 square metres.
6.10.
Propane Transfer Facilities
6.10.1.
Where a permitted use or building includes a propane transfer facility that is
regulated by the Technical Standards and Safety Act, 2000, S.O. 2000, c. 16, such use
or building must comply with all applicable provisions of this By-law and:
1.
The propane transfer facility must be setback a minimum of 50 metres from
any lot line, or a greater distance if required by a regulating Provincial body.
Kingston Zoning By-Law Number 2022-62
Section 6: Specific Use Provisions - Part 1, Page 117
6.11.
Propane and Natural Gas Handling Facilities
6.11.1.
Facilities relating to the handling and transfer of propane and natural gas which are
not regulated by the Technical Standards and Safety Act, including tanks and
associated compressors, pumps and other similar facilities must:
1.
Not be located in any required setback; or
2.
Maintain a minimum separation distance of 30.0 metres to any lot where a
dwelling unit is a permitted use.
6.12.
Backyard Hen Coops
6.12.1.
Backyard hen coops and backyard hen runs are permitted as accessory buildings
on any lot where the permitted principal use of such lot is a dwelling unit or
agricultural use and must comply with all provisions of Subsection 4.1. except as
specifically regulated by this Subsection.
6.12.2.
Backyard hen coops and backyard hen runs must comply with the following
minimum setbacks:
1.
Rear lot line: 1.2 metres;
2.
Interior lot line: 1.2 metres; and
3.
Exterior lot line: 1.2 metres.
6.12.3.
Backyard hen coops and backyard hen runs are not permitted in a front yard,
interior yard or exterior yard.
6.12.4.
Backyard hen coops and backyard hen runs must be located a minimum
separation distance of:
1.
15.0 metres from any lot that contains an elementary school or secondary
school;
2.
7.5 metres from any lot that contains a place of worship or business; and
3.
3.0 metres from all windows and doors of residential buildings that are
located on adjacent lots.
6.12.5.
Where a conflict exists between the terms of Subsection 6.12. and the terms of the
Animal Control By-law, the more restrictive provision prevails.
Kingston Zoning By-Law Number 2022-62
Section 6: Specific Use Provisions - Part 1, Page 118
6.13.
Pigeon Lofts
6.13.1.
Pigeon lofts are permitted as accessory buildings on any lot where the permitted
principal use of such lot is a dwelling unit and where such lot has a minimum lot
area of 1,350 square metres or where the permitted principal use of such lot is an
agricultural use, and must comply with all provisions of Subsection 4.1. except as
specifically regulated by this Subsection.
6.13.2.
Pigeon lofts must comply with the following minimum setbacks:
1.
Rear lot line: 6.0 metres;
2.
Front lot line: 6.0 metres;
3.
Interior lot line: 6.0 metres; and
4.
Exterior lot line: 6.0 metres.
6.13.3.
Pigeon lofts are only permitted in a rear yard.
6.13.4.
The maximum height of a pigeon loft is 5.0 metres.
6.13.5.
The minimum floor area of a pigeon loft is 1.0 square metre of floor area for every
10 pigeons.
6.13.6.
The maximum floor area of a pigeon loft is 10 square metres.
6.13.7.
Pigeon lofts must be located a minimum separation distance of 15.0 metres from
residential buildings that are located on a different lot.
6.13.8.
Where a conflict exists between the terms of Subsection 6.13. and the terms of the
Animal Control By-law, the more restrictive provision prevails.
6.14.
Place of Worship
6.14.1.
Where a place of worship is permitted, the following complementary uses are
permitted where they only occupy floor area that is developed to support the
principal use of the lot:
1.
Educational uses;
2.
Programs of community, cultural or social benefit;
3.
Community assembly areas;
Kingston Zoning By-Law Number 2022-62
Section 6: Specific Use Provisions - Part 1, Page 119
4.
Catering kitchens, provided they use existing kitchen facilities that support the
place of worship;
5.
Offices;
6.
Day care centres;
7.
Cemetery;
8.
Non-residential uses that are permitted in the CN Zone as per Table 15.1.2.;
9.
Other uses that are similar in nature to Paragraphs 1. through 6.
6.14.2.
Dwelling units are permitted as an accessory use in a place of worship, to a
maximum of four dwelling units in the urban area and three dwelling units in the
rural area, inclusive of dwelling units in an accessory house or detached
additional rural unit. Such dwelling units must comply with Subsections 4.29. or
4.30., or the Zone standards that apply to the principal building.
(By-Law Number 2022-62; 2024-332; 2024-333)
6.15.
Schools
6.15.1.
Where an elementary school or secondary school is permitted, portable
classrooms are permitted and must comply with all setbacks that apply to the lot
as though they are a principal building. For clarity, provisions requiring additional
bike spaces, accessible spaces, loading spaces and any other additional facilities
do not apply to portable classrooms.
6.15.2.
Where a building is occupied by both an elementary school and a secondary
school, or a combination thereof, the provisions that apply to secondary schools
apply.
6.15.3.
Where an elementary school or secondary school existed as of the date of passing
of this by-law, such use is considered to be a permitted use of the lot so long so
long as the building continues to be used as an elementary school or secondary
school, as the case may be.
Adaptive Reuse of Elementary Schools, Secondary Schools and Community Facilities
6.15.4.
Despite the permitted uses, in any Zone other than an Employment Zone where a
building was originally designed and constructed for the purpose of an elementary
school, secondary school, library, community centre or museum, such building
Kingston Zoning By-Law Number 2022-62
Section 6: Specific Use Provisions - Part 1, Page 120
is permitted to be used as an elementary school, secondary school, library,
community centre or museum.
(By-Law Number 2022-62; 2024-332)
6.16.
Stadiums
6.16.1.
Stadiums are not permitted as an accessory use.
6.16.2.
Despite Clause 6.16.1., where a stadium legally existed as an accessory use prior to
the passage of this By-law, the stadium is considered to be a permitted use on such
lot so long as the stadium continues to be used as a stadium.
6.17.
Food Trucks
6.17.1.
Food trucks that stand more or less permanently in one place on a lot are
considered buildings in accordance with this By-law and must comply with all
provisions of this By-law that apply to buildings, in addition to the provisions of
Subclauses 6.17.3.1. to 6.17.3.7.
6.17.2.
This By-law does not apply to food trucks that are not considered buildings
pursuant to Clause 6.17.1., except as set out in Clause 6.17.3.
6.17.3.
Food trucks must comply with the following provisions:
1.
Requirements established in the Business Licensing By-law;
2.
Food trucks are only permitted:
(a)
on a lot where the applicable Zone permits a restaurant;
(b)
in a public park;
(c)
as an accessory use on a lot where the applicable Zone permits
commercial, employment and institutional uses as principal uses;
(d)
as an accessory use to a principal agricultural use on a lot that is zoned
AG or RU, to a maximum of one food truck per lot;
3.
Food trucks are permitted to occupy a maximum of 2 parking spaces on a
lot, excluding accessible spaces, car-share spaces or visitor spaces;
4.
Food trucks must be setback a minimum of 3.0 metres from all lot lines; and
Kingston Zoning By-Law Number 2022-62
Section 6: Specific Use Provisions - Part 1, Page 121
5.
Food trucks must comply with sight triangle provisions in Subsection 4.6.
6.18.
Seasonal Cabins
6.18.1.
In the rural area, where a lot is permitted to be used as a house by the applicable
Zone, a cabin is a permitted principal use and must comply with all provisions that
apply to a house.
(By-Law Number 2022-62; 2024-332)
6.19.
Residential Uses
6.19.1.
An emergency shelter, group home, supportive housing, transitional housing,
community home and other similar uses are considered a dwelling unit where the
nature of such use does not qualify as a special needs facility. Where such use is
considered a dwelling unit, it is permitted on any lot where the Zone permits a
dwelling unit, and must be in a permitted building according to the applicable
Zone.
6.20.
Existing Mineral Aggregate Operations
6.20.1.
Where a mineral aggregate operation legally existed and was licensed by the
Province prior to the passage of this By-law, the mineral aggregate operation is
considered to be a permitted use on such lot and must comply with the provisions
of the MX1 Zone, so long as the mineral aggregate operation continues to be
used. For the purposes of Subsection 4.26., such mineral aggregate operation is
considered to be on a lot in an MX1 Zone.
6.21.
Back-to-Back Townhouses
6.21.1.
Despite the required rear setback of the applicable Zone, where multiple lots are
developed with back-to-back townhouses, the minimum rear setback is 0 metres.
(By-Law Number 2022-62; 2024-332)
Kingston Zoning By-Law Number 2022-62
Section 7: Parking, Loading and Bike Parking Provisions - Part 1, Page 122
Section 7: Parking, Loading and Bike Parking Provisions
7.1.
Parking Space Ratios
7.1.1.
The minimum number of parking spaces, maximum number of parking spaces and
minimum number of car-share spaces set out in Table 7.1.1. must be complied with
and located on the same lot as the corresponding use or building.
7.1.2.
This By-law places all lands subject to this By-law in one or more Parking Areas
shown on Schedule 2. In accordance with Clause 7.1.1., required parking spaces are
calculated by the ratio required for the applicable Parking Area. For the purpose of
this By-law, the following nomenclature may be used interchangeably:
1.
Parking Area 1 or PA1;
2.
Parking Area 2 or PA2;
3.
Parking Area 3 or PA3;
4.
Parking Area 4 or PA4; and
5.
Parking Area 5 or PA5.
7.1.3.
Despite Clause 7.1.2., where any portion of a lot in PA5 is within 600 metres walking
distance of the "Kingston Transit Route" identified on Schedule 2, measured to the
boundary of the street line, the Parking Area that applies to that portion of the
"Kingston Transit Route" may apply to such lot.
7.1.4.
Where more than one Parking Area applies to one lot, the required parking spaces
are calculated based on the Parking Area that requires the fewest number of
parking spaces.
7.1.5.
Where a lot contains more than one use, the required number of parking spaces is
the sum of all parking spaces required for each use.
7.1.6.
When the computation of the required number of parking spaces for each use on a
lot results in a number containing a fraction, that minimum number of parking
spaces required for each use must be increased to the next highest whole number
only if the fraction is equal to or greater than 0.5.
7.1.7.
Despite Clause 7.1.6., when the computation of the required number of accessible
spaces results in a number containing a fraction, the minimum number of
accessible spaces is increased to the next highest whole number.
7.1.7. Despite Clause 7.1.6., when the computation of the required number of accessible spaces
results in a number containing a fraction, the minimum number of accessible spaces is increased
to the next highest whole number.
Kingston Zoning By-Law Number 2022-62
Section 7: Parking, Loading and Bike Parking Provisions - Part 1, Page 123
7.1.8.
Despite Clause 2.1.9., where two or more provisions of this By-law conflict as it
relates to the calculation of the minimum number of standard parking spaces, the
lesser requirement prevails. For example, where an Exception in Section 20 or
Section 21 requires a greater number of parking spaces than Section 7, the
provisions of Section 7 prevail. For clarity, this applies only to standard parking
spaces and does not include car-share spaces, visitor spaces, accessible spaces,
bike spaces or loading spaces.
7.1.9.
Where the number of parking spaces is identified as a ratio per "person", the
number is calculated based on the maximum number of persons which can be
accommodated within the building according to the Building Code Act, 1992, unless
otherwise specified in this By-law.
7.1.10.
Where a maximum number of parking spaces is identified in Table 7.1.1., the
maximum applies to the number of standard parking spaces and excludes
accessible spaces, car-share spaces and visitor spaces.
7.1.11.
Despite the definition of gross floor area, for the purpose of calculating the
required number of parking spaces, floor area that is dedicated solely to the
warehousing or storage of goods or products is excluded from the gross floor area
calculation.
Off-Site Parking Spaces
7.1.12.
Despite Clause 7.1.1., where a building that exists as of the date of passing of this
By-law is converted resulting in an increase in the number of dwelling units,
required parking spaces may be provided off-site, within 60.0 metres of the lot.
(By-Law Number 2022-62; 2024-332)
Affordable Units and Heritage Buildings
7.1.13.
Despite Clause 7.1.1.:
1.
For affordable units, no parking spaces or car-share spaces are required,
except for accessible spaces and visitor spaces. Where affordable units are
mixed with other dwelling units on a lot, this provision only applies to the
units that are affordable units.
2.
For a lot that contains a designated heritage building, no parking spaces,
visitor spaces or car-share spaces are required. Where parking spaces are
provided, accessible spaces must be provided based on the ratio required by
Subsection 7.2. before other parking spaces may be provided.
Kingston Zoning By-Law Number 2022-62
Section 7: Parking, Loading and Bike Parking Provisions - Part 1, Page 124
Reduction in Minimum Number of Required Parking Spaces
7.1.14.
Despite Clause 7.1.1.:
1.
For apartment buildings, dwelling units in a mixed use building and
stacked townhouses, the minimum number of parking spaces required may
be reduced:
(a)
In accordance with the Cash-in-Lieu of Parking By-law.
(By-Law Number 2022-62; 2024-332)
Permission to Provide More Parking Spaces than the Maximum
7.1.15.
Despite Clause 7.1.1.:
1.
In PA1 and PA2, the maximum number of parking spaces permitted by this
By-law may be increased to a maximum of 1.25 parking spaces per dwelling
unit if all parking spaces provided above the maximum ratio are electric
vehicle ready.
2.
In PA3, PA4 and PA5, the maximum number of parking spaces permitted by
this By-law may be increased to a maximum of 1.5 parking spaces per
dwelling unit if all parking spaces provided above the maximum ratio are
electric vehicle ready.
(By-Law Number 2022-62; 2024-332)
Electric Vehicle Supply Equipment Permitted
7.1.16.
Parking spaces required or provided for any use may be used as part of electric
vehicle supply equipment, whether or not a fee is charged for the use of such
electric vehicle supply equipment.
Car-share Spaces Permitted
7.1.17.
Car-share spaces are permitted in any parking lot, commercial parking lot or a
parking structure in any Zone.
Temporary Use of Car-share Spaces
7.1.18.
Where car-share spaces are required on a lot, such car-share spaces may be
temporarily used as visitor spaces if no car-share vehicle services are in operation
on the lot.
Kingston Zoning By-Law Number 2022-62
Section 7: Parking, Loading and Bike Parking Provisions - Part 1, Page 125
Addition to Existing Building - Parking Spaces
7.1.19.
When a lot or building has insufficient parking on the date of passing of this By-law
to conform to the provisions of this By-law, this By-law is not to be interpreted as
requiring that the deficiency be made up prior to the construction of any addition
provided, however, any additional parking spaces required by this By-law for such
addition must be provided in accordance with all provisions respecting parking
spaces.
(By-Law Number 2022-62; 2024-332)
Table 7.1.1. - Required Number of Parking, Visitor and Car-Share Spaces
use
Number of Parking Spaces
(minimum, unless otherwise specified)
1. (a) apartment building
(b) dwelling unit in
mixed use building
(c) stacked townhouse
(i) Required number of parking spaces:
PA1, PA2: minimum 0.4 to a maximum of 1.0 per dwelling unit
PA3: minimum 0.6 to a maximum of 1.0 per dwelling unit
PA4: minimum 0.8 to a maximum of 1.0 per dwelling unit
PA5: minimum and maximum of 1.0 per dwelling unit
(ii) In addition to (i), where a lot contains 30 or more dwelling
units, a minimum of:
- 1 car-share space must be provided, with 1 additional car-
share space provided for every 50 dwelling units thereafter; and
- 1 short-term delivery parking space, the location and signage
of which must be provided to the satisfaction of the City through
the site plan review process
(iii) In addition to (i) and (ii), the minimum number of visitor
spaces:
PA1, PA2: 0.03 per dwelling unit
PA3, PA4, PA5: 0.06 per dwelling unit
2.
In the urban area:
(a) house
(b) townhouse
(c) semi-detached house
(d) accessory house
PA1, PA2, PA3, PA4: 1.0 parking spaces per lot
PA5: 1.0 per dwelling unit for the first two dwelling units on a
lot
Kingston Zoning By-Law Number 2022-62
Section 7: Parking, Loading and Bike Parking Provisions - Part 1, Page 126
use
Number of Parking Spaces
(minimum, unless otherwise specified)
3. In the rural area:
(a) dwelling unit
1.0 per dwelling unit
4.
home occupation
PA1: 0 parking spaces
PA2, PA3, PA4, PA5: 0 parking spaces, except where an
employee who does not reside in the dwelling unit, or a customer
physically attend the lot, then 1 parking space
5.
All other uses
--
(By-Law Number 2022-62; 2024-332)
7.2.
Accessible Parking Provisions
7.2.1.
Accessible spaces must comply with all applicable provisions of Section 7, except as
specifically required by the provisions of Subsection 7.2.
Effective Parking Space Ratios to Calculate Required Accessible Spaces
7.2.2.
The number of parking spaces used as the basis of calculating the minimum
number of accessible spaces in Clause 7.2.3. is the greater of:
1.
The number of parking spaces provided on the lot; or
2.
The calculated number of parking spaces based on the effective ratio
established for the corresponding use in Table 7.2.2.
Number of Required Accessible Spaces
7.2.3.
The minimum number of accessible spaces required by the following Subclauses
must be provided on the same lot as the use or building:
1.
Where the number of parking spaces in Clause 7.2.2. is between 1 and 12
parking spaces, one parking space must be a Type A accessible space;
2.
Where the number of parking spaces in Clause 7.2.2. is between 13 and 100
parking spaces, 4% of the number of parking spaces in Clause 7.2.2. must be
accessible spaces;
Kingston Zoning By-Law Number 2022-62
Section 7: Parking, Loading and Bike Parking Provisions - Part 1, Page 127
3.
Where the number of parking spaces in Clause 7.2.2. is between 101 and 200
parking spaces, one parking space plus 3% of the number of parking spaces
in Clause 7.2.2. must be accessible spaces;
4.
Where the number of parking spaces in Clause 7.2.2. is between 201 and
1,000 parking spaces, two parking spaces plus 2% of the number of parking
spaces in Clause 7.2.2. must be accessible spaces; and
5.
Where the number of parking spaces in Clause 7.2.2. is more than 1,000
parking spaces, 11 parking spaces plus 1% of number of parking spaces in
Clause 7.2.2. must be accessible spaces.
7.2.4.
Despite Clause 7.2.3., where a lot contains a house, semi-detached house,
additional residential unit, tiny house or freehold townhouse where parking
spaces are accessed directly from a driveway, no accessible spaces are required.
(By-Law Number 2022-62; 2024-332)
7.2.5.
Despite Clauses 7.2.2. and 7.2.3., where a lot contains a use with parking spaces
that are reserved for exclusive use, such as law enforcement vehicles, emergency
services vehicles, impounded vehicles, transportation fleets or other similar vehicles,
such exclusive use parking spaces are not included in the calculation of the
parking spaces for the purpose of calculating accessible spaces.
Table 7.2.2. - Effective Ratios to Calculate Required Accessible Spaces
Use
Effective Ratio
1.
residential use
1.0 per dwelling unit
2.
automobile body shop, automobile repair shop,
automobile sales establishment, banquet hall, animal care,
animal shelter, building supply store, carwash, club,
creativity centre, department store, financial institution,
fitness centre, garden centre, service station, grocery
store, laundry store, office, personal service shop,
recreational vehicle sales establishment, repair shop,
restaurant, retail store, training facility, wellness clinic
PA1: 0 spaces
PA2, PA3: 2 per 100
square metres of gross
floor area
PA4, PA5: 4 per 100
square metres of gross
floor area
Kingston Zoning By-Law Number 2022-62
Section 7: Parking, Loading and Bike Parking Provisions - Part 1, Page 128
Use
Effective Ratio
3.
agricultural sales establishment, call centre, catering
service, contractor's yard, correctional institution,
equipment rental, factory outlet, feedmill, ferry terminal,
heavy equipment or truck repair shop, heavy industrial
use, hospital, industrial repair shop, laboratory, library,
light industrial use, museum, production studio, research
establishment, salvage yard, self-service storage facility,
special needs facility, towing compound, transportation
depot, transportation terminal, warehouse, waste disposal
area, wastewater treatment facility, water supply plant,
wholesale establishment, workshop
1 per 100 square
metres of gross floor
area
4.
community centre, entertainment establishment, funeral
establishment, recreation facility, place of worship,
stadium
0.25 per person
5.
agricultural use, airport facilities, cemetery, community
garden, correctional college, food truck, forestry use,
gravel pit, military installation, mineral aggregate
operation, park, transformer station
--
6.
day care centre, elementary school, post-secondary
institution, secondary school
2.0 per classroom
7.
campground
1 per campsite
8.
golf course
2 per hole
9.
hotel
1 per guest room
10. kennel
1 per animal run
11. marina
1 per boat slip
(By-Law Number 2022-62; 2024-332)
Type A and Type B Accessible Space Calculations
7.2.6.
The calculation of the required number of Type A and Type B accessible spaces
must comply with the following provisions:
1.
Where an even number of accessible spaces is required by Clause 7.2.3., an
equal number of Type A and Type B accessible spaces must be provided;
2.
Where an odd number of accessible spaces is required by Clause 7.2.3., an
equal number of Type A and Type B accessible spaces must be provided, but
Kingston Zoning By-Law Number 2022-62
Section 7: Parking, Loading and Bike Parking Provisions - Part 1, Page 129
the additional accessible space, the odd-numbered space, may be either a
Type A or a Type B accessible space;
3.
Despite Subclause 2., where only one accessible space is required, it must be a
Type A accessible space.
Accessible Parking Design Standards
7.2.7.
Accessible spaces must comply with the following minimum widths:
1.
The minimum width of a Type A accessible space is 3.4 metres; and
2.
The minimum width of a Type B accessible space is 2.7 metres.
7.2.8.
Accessible spaces must comply with the following minimum vertical clearances:
1.
The minimum vertical clearance of an accessible space located in a parking
structure is 2.1 metres; and
2.
The minimum vertical clearance of all other accessible spaces is 2.9 metres.
7.2.9.
An accessible aisle must be provided for each accessible space and may be shared
by a maximum of two accessible spaces. Accessible aisles must:
(a)
Have a minimum width of 1.5 metres;
(b) Extend the full length of the accessible space; and
(c)
Be marked with high tonal contrast diagonal lines where the surface is
asphalt, concrete or some other hard surface.
7.2.10.
All accessible spaces must:
1.
Have an accessible permit parking sign that satisfies the requirements of the
Highway Traffic Act;
2.
Have a maximum gradient of 5%; and
3.
Type A accessible spaces must have signage that identifies the space as "van
accessible".
Kingston Zoning By-Law Number 2022-62
Section 7: Parking, Loading and Bike Parking Provisions - Part 1, Page 130
7.3.
Bike Parking Provisions
Bike Space Ratios
7.3.1.
The minimum number of long-term bike spaces and short-term bike spaces
required by the ratios set out in Table 7.3.1. or Table 7.3.2. or Table 7.3.3 must be
provided on the same lot as the corresponding use or building. Despite the
generalized Zone-based ratios provided in Table 7.3.2. for non-residential uses, the
use-based ratios in Table 7.3.3. apply, except in the case of a multi-tenanted
building with more than one principal use, then the generalized Zone-based ratios
of Table 7.3.2. apply.
7.3.2.
Where a lot contains more than one use, the required number of bike spaces is the
sum of all bike spaces required for each use. Where multiple tenants separately
occupy spaces or units in one building, the required number of bike spaces is
calculated based on the total number of bike spaces that are required for the entire
building and may be provided as one central bike facility, or individually across the
separate units in a manner that generally proportions the bike facilities based on the
gross floor area of each unit. Where the ultimate use of each unit is unknown at the
time of construction, the permitted use which generates the highest number of bike
spaces must be used to calculate the required number of bike spaces.
7.3.3.
Where a lot contains more than one building, the bike space requirements are
calculated and provided for each building as though they are on their own
individual lot.
7.3.4.
When the computation of required bike spaces results in a number containing a
fraction, the minimum number of bike spaces required is increased to the next
highest whole number if the fraction is equal to or greater than 0.5, unless otherwise
required by this By-law.
7.3.5.
Despite the definition of gross floor area, for the purpose of calculating the
required number of bike spaces, floor area that is dedicated solely to the storage of
goods or products is excluded from the gross floor area calculation.
7.3.6.
Where possible, the requirements of Clauses 7.3.7. through 7.3.13. may be combined
in a manner that allows one bike space to satisfy more than one requirement.
(By-Law Number 2022-62; 2024-332)
Long-term Bike Space Requirements
7.3.7.
The long-term bike spaces required by Clause 7.3.1.:
Kingston Zoning By-Law Number 2022-62
Section 7: Parking, Loading and Bike Parking Provisions - Part 1, Page 131
1.
Must be provided in a secure, weather-proof enclosure with controlled access
where a bicycle may be parked and secured for the long-term in a stable
position with at least one point of contact with the frame of the bicycle;
2.
Are not permitted in a dwelling unit or on the balcony of a dwelling unit;
3.
Must be provided in a location that has access directly to a street line by way
of a continuous pathway consisting of:
(a)
A hallway, aisle, sidewalk or walkway;
(b) An elevator that permits bikes to the satisfaction of the City;
(c)
A ramp, which may be provided as a wheel ramp along the side of a set
of stairs if such ramp is a minimum of 0.15 metres wide and does not cut
into the stair tread; and/or
(d) A drive aisle or driveway.
4.
A maximum of 75% of the required long-term bike spaces are permitted to
be provided as vertical bike spaces.
(By-Law Number 2022-62; 2024-332)
7.3.8.
Despite Clause 7.3.7.:
1.
Where a long-term bike space is required for a house, semi-detached house,
townhouse and accessory house, it is exempt from Clauses 7.3.7., 7.3.10.,
7.3.11. and 7.3.12. and must:
(a)
be provided in a secure, enclosed location such as within an accessory
building, or within a vestibule or other interior floor area that doesn't
form part of a dwelling unit; and
(b) be provided with a continuous pathway that ensures clear access from
the street to the long-term bike space.
2.
Where a building that existed on the date of passing of this By-law is
converted in a manner that results in the introduction of dwelling units or an
increase in the number of dwelling units, it is exempt from Clauses 7.3.7.2. and
7.3.7.4.
(By-Law Number 2022-62; 2024-332)
Kingston Zoning By-Law Number 2022-62
Section 7: Parking, Loading and Bike Parking Provisions - Part 1, Page 132
Short-term Bike Space Requirements
7.3.9.
The short-term bike spaces required by Clause 7.3.1.:
1.
Must be provided as horizontal bike spaces;
2.
Must be provided at grade or on the first storey in a location that is accessible
to the general public by way of a continuous pathway consisting of:
(a)
A hallway, aisle, sidewalk or walkway;
(b) An elevator that permits bikes to the satisfaction of the City;
(c)
A ramp, which may be provided as a wheel ramp along the side of a set
of stairs if such ramp is a minimum of 0.15 metres wide and does not cut
into the stair tread; and/or
(d) A drive aisle or driveway; and
3.
Must be provided in an easily accessible and well lit location no more than 15.0
metres walking distance from a pedestrian entrance to the building. Where
multiple tenants separately occupy spaces or units in one building, and the
bike spaces are provided as one central bike facility as per Clause 7.3.2., this
requirement does not apply.
(By-Law Number 2022-62; 2024-332)
Bike Space and Bike Aisle Dimensions
7.3.10.
Horizontal bike spaces must:
1.
Have minimum dimensions of 0.6 metres wide by 1.8 metres horizontal length,
with a minimum vertical clearance of 1.9 metres;
2.
Be provided with a bike rack where a lock is capable of securing the bicycle
frame and front wheel; and
3.
Be accessed by an aisle with a minimum width of 1.2 metres where 4 or more
bike spaces are provided in a common bike storage area.
(By-Law Number 2022-62; 2024-332)
Kingston Zoning By-Law Number 2022-62
Section 7: Parking, Loading and Bike Parking Provisions - Part 1, Page 133
7.3.11.
Vertical bike spaces must:
1.
Have minimum dimensions of 0.6 metres wide by 1.8 metres vertical length,
where the bike, when secured on the storage rack is provided with a minimum
horizontal clearance from the wall of 1.2 metres;
2.
Be equipped with a storage rack that supports the bike without having the bike
suspended by its wheels, and where a lock is capable of securing the bike
frame and front wheel to the rack; and
3.
Be accessed by an aisle with a minimum width of 1.2 metres where 4 or more
bike spaces are provided in a common bike storage area.
(By-Law Number 2022-62; 2024-332)
7.3.12.
Stacked bike spaces must:
1.
Have minimum dimensions of 0.6 metres wide by 1.8 metres horizontal length,
with a minimum vertical clearance of 1.2 metres;
2.
Be equipped with a storage rack where a lock is capable of securing the bike
frame and front wheel to the rack;
3.
Be equipped with a lift mechanism providing floor level access to both bike
spaces; and
4.
Be accessed by an aisle with a minimum width of 1.2 metres where 4 or more
bike spaces are provided in a common bike storage area.
(By-Law Number 2022-62; 2024-332)
Enhanced Bike Parking Facilities for Multi-Unit Residential
7.3.13.
For apartment buildings, dwelling units in mixed use buildings, and stacked
townhouses, enhanced bike parking facilities must be provided in accordance with
the following:
1.
A minimum of 5% of the long-term bike spaces must be provided as larger
horizontal bike spaces with minimum dimensions of 1.0 metre wide by 2.6
metres horizontal length, with a minimum vertical clearance of 1.9 metres and
must be provided with access to one standard electrical outlet;
2.
A minimum of 5% of the long-term bike spaces must be provided in secure
bike lockers that are provided with individual, secure enclosures where a
private lock can be affixed and must include a standard electrical outlet;
Kingston Zoning By-Law Number 2022-62
Section 7: Parking, Loading and Bike Parking Provisions - Part 1, Page 134
3.
A minimum of 10% of the long-term bike spaces provided in a shared bike
room must be provided with access to one standard electrical outlet per long-
term bike space;
4.
Where more than 25 long-term bike spaces are required, a bike maintenance
area must be provided that is a sufficient size to accommodate repairs and
maintenance of bikes, and must include a bike pump, bike repair stand and a
bench; and
5.
A minimum of 50% of the short-term bike spaces must be weather protected.
(By-Law Number 2022-62; 2024-332)
End-of-Trip Bike Facilities for Non-Residential Uses
7.3.14.
Where a lot or building is required to provide long-term bike spaces for any non-
residential use, end-of-trip bike facilities must be provided at the following ratios:
1.
Where 5 to 60 long-term bike spaces are required, 1 end-of-trip bike
facility;
2.
Where 61 to 120 long-term bike spaces are required, 2 end-of-trip bike
facilities;
3.
Where 121 to 180 long-term bike spaces are required, 3 end-of-trip bike
facilities; and
4.
Where more than 180 long-term bike spaces are required, 4 end-of-trip bike
facilities.
7.3.15.
Where end-of-trip bike facilities are required by Clause 7.3.14., clothing lockers
must be provided at a minimum ratio of 1 clothing locker for every 1 long-term
bike space required. Such clothing lockers must:
1.
Have a minimum height of 0.9 metres, a minimum width of 0.3 metres and a
minimum depth of 0.45 metres; and
2.
Be provided with a secure enclosure where a private lock can be affixed.
Addition to Existing Building - Bike Spaces and End-of-Trip Facilities
7.3.16.
Where a lot or building has insufficient bike spaces, enhanced bike parking
facilities or end-of-trip bike facilities on the date of passing of this By-law to
conform with the provisions of this By-law, this By-law is not to be interpreted as
Kingston Zoning By-Law Number 2022-62
Section 7: Parking, Loading and Bike Parking Provisions - Part 1, Page 135
requiring that the deficiency be made up prior to the construction of any addition
or provided, however, that any additional bike spaces or enhanced bike parking
facilities or end-of-trip bike facilities required by this By-Law for such addition
must be provided in accordance with all provisions of Subsection 7.3.
(By-Law Number 2022-62; 2024-332)
Table 7.3.1. - Required Number of Long-Term and Short-Term Bike Spaces
Use
Minimum Number of
Long-Term Bike Spaces
Minimum Number of
Short-Term Bike Spaces
1. 1
Residential
(a) apartment building
(b) dwelling unit in mixed
use building
(c) stacked townhouse
0.9 per dwelling unit
0.1 per dwelling unit
2.
(a) house
(b) semi-detached house
(c) townhouse
(d) accessory house
(a) in the urban area: 1.0
per dwelling unit
(b) in the rural area: --
--
3.
home occupation
--
--
(By-Law Number 2022-62; 2024-332)
Table 7.3.2. - Required Number of Long-Term and Short-Term Bike Spaces for Non-
Residential Uses by Zone
Zone or Use
Minimum Number of
Long-Term Bike Spaces
Minimum
Number of Short-
Term Bike Spaces
1.
Rural Zones
--
--
2.
Rural Industrial Zones
--
--
3.
Non-residential uses in Mixed Use
Zones, Urban Residential Zones,
Urban Multi-Residential Zones and
Heritage Zones
0.1 per 100 square metres of
gross floor area
0.2 per 100 square
metres of gross
floor area
4.
Commercial Zones
0.1 per 100 square metres of
gross floor area
0.2 per 100 square
metres of gross
floor area
Kingston Zoning By-Law Number 2022-62
Section 7: Parking, Loading and Bike Parking Provisions - Part 1, Page 136
Zone or Use
Minimum Number of
Long-Term Bike Spaces
Minimum
Number of Short-
Term Bike Spaces
5.
Employment Zones
0.1 per 100 square metres of
gross floor area
--
6.
Transportation and Utilities Zones
--
--
(By-Law Number 2022-62; 2024-332)
Table 7.3.3. - Required Number of Long-Term and Short-Term Bike Spaces for Non-
Residential Uses by Use
Zone or Use
Minimum
Number of Long-
Term Bike Spaces
Minimum
Number of Short-
Term Bike Spaces
1.
airport facilities, automobile body shop,
automobile repair shop, automobile sales
establishment, campground, carwash,
cemetery, community garden, correctional
college, correctional institution, feedmill,
ferry terminal, food truck, forestry use,
funeral establishment, golf course,
hospital, hotel, kennel, marina, military
installation, park, recreational vehicle sales
establishment, service station
--
--
2.
banquet hall, library, museum
--
0.2 per 100 square
metres of gross
floor area
3.
community centre, entertainment
establishment, place of worship, recreation
facility, stadium
--
0.1 per person
4.
day care centre
--
0.5 per classroom
5.
elementary school, secondary school
1 per classroom
1.5 per classroom
6.
post-secondary institution
--
3 per classroom
(By-Law Number 2022-62; 2024-332)
Kingston Zoning By-Law Number 2022-62
Section 7: Parking, Loading and Bike Parking Provisions - Part 1, Page 137
7.4.
Driveway, Drive Aisle & Parking Space Requirements
7.4.1.
The minimum length, width and vehicle projections of parking spaces and
minimum width of driveways and drive aisles set out in Table 7.4.1. must be
complied with for all parking spaces, accessible spaces and car-share spaces,
except as specifically required by Subsection 7.2.
7.4.2.
The minimum vertical clearance for all parking spaces, driveways and drive aisles,
except for accessible spaces, is 2.1 metres.
7.4.3.
The minimum angle of intersection between a driveway and a street line is 60
degrees from the street line. Where the street line is curved, the angle of
intersection is measured from the tangent of the curved street line.
7.4.4.
In the urban area, all parking lots, drive aisles, driveways and parking spaces
must be maintained with a stable surface which is treated so as to prevent the
raising of dust or loose particles.
7.4.5.
Where parking spaces are accessed by a drive aisle, and such drive aisle is a dead-
end, a 1.5 metre deep turnaround area must be provided at the dead-end for the
full width of the drive aisle, with a 1.0 metre radius between parking spaces and
the turnaround area.
7.4.6.
For the purpose of this By-law, the width of a driveway or drive aisle is measured
perpendicular to the direction in which a motor vehicle drives.
7.4.7.
For the purpose of this By-law, vehicle projection for angled parking spaces is
measured perpendicular to the drive aisle.
Table 7.4.1. - Minimum Parking Space and Drive Aisle Dimensions
Orientation of Parking
Space Relative to Driveway
or Drive Aisle
Minimum
Parking
Space
Width
Minimum Parking
Space Length or
Vehicle Projection
(measured
perpendicular to
drive aisle)
Minimum Driveway
or Drive Aisle Width
In line with and accessed
directly from driveway
2.6 metres
6.0 metre length
2.6 metre driveway
In line with and accessed
directly from driveway as
tandem parking spaces
2.6 metres
12.0 metres length
2.6 metre driveway
7.4.1. The minimum length, width and vehicle projections of parking spaces and minimum width
of driveways and drive aisles set out in Table 7.4.1. must be complied with for all parking
spaces, accessible spaces and car-share spaces, except as specifically required by Subsection
7.2.
7.4.2. The minimum vertical clearance for all parking spaces, driveways and drive aisles, except for
accessible spaces, is 2.1 metres.
7.4.3. The minimum angle of intersection between a driveway and a street line is 60 degrees from the street line.
Where the street line is curved, the angle of intersection is measured from the tangent of the curved street
line.
Kingston Zoning By-Law Number 2022-62
Section 7: Parking, Loading and Bike Parking Provisions - Part 1, Page 138
Perpendicular to drive aisle
2.6 metres
5.5 metre length
6.7 metre drive aisle
for the portion of the
drive aisle used to
access a parking
space, and 6.0 metres
for any internal
circulation road that is
not directly used to
access a parking
space
Parallel to drive aisle
2.6 metres
6.7 metre length
6.0 metre drive aisle
for two-way traffic and
3.0 metre drive aisle
for one-way traffic
45 degree angle from one-
way drive aisle
2.75 metres
5.4 metre vehicle
projection
4.2 metre drive aisle
50 degree angle from one-
way drive aisle
2.75 metres
5.6 metre vehicle
projection
4.4 metre drive aisle
55 degree angle from one-
way drive aisle
2.75 metres
5.7 metre vehicle
projection
4.5 metre drive aisle
60 degree angle from one-
way drive aisle
2.75 metres
5.8 metre vehicle
projection
4.8 metre drive aisle
65 degree angle from one-
way drive aisle
2.75 metres
5.8 metre vehicle
projection
5.0 metre drive aisle
70 degree angle from one-
way drive aisle
2.75 metres
5.9 metre vehicle
projection
5.4 metre drive aisle
75 degree angle from one-
way drive aisle
2.75 metres
5.8 metre vehicle
projection
5.7 metre drive aisle
(By-Law Number 2022-62; 2024-332)
Additional Driveway & Parking Provisions for Ground Oriented Residential in Urban Area
7.4.8.
In the urban area, on a lot with a house, semi-detached house, accessory house
and or townhouse, the following provisions must be complied with:
1.
Parking spaces must be located in a permitted private garage, driveway or
parking lot;
Kingston Zoning By-Law Number 2022-62
Section 7: Parking, Loading and Bike Parking Provisions - Part 1, Page 139
2.
Parking spaces are permitted in tandem configuration;
3.
Parking lots are only permitted in a rear yard or interior yard;
4.
The maximum area of a parking lot is 43 square metres, excluding drive
aisles;
5.
The maximum width of a driveway at the point of intersection with the front
lot line or exterior lot line is the lesser of:
(a)
6.0 metres; or
(b) 40% of the length of the applicable street line, provided that the
minimum width of the driveway is 2.6 metres;
6.
Beyond the point of intersection with the lot line, the maximum cumulative
width of all driveways on a lot is 6.0 metres, except:
(a)
If a lot complies with and will continue to comply with the required
landscaped open space and all other provisions of this By-law including
all requirements of Clause 7.4.8., the driveway may be widened to
accommodate one additional parking space to a maximum driveway
width of 9.0 metres, if:
(i)
The increased driveway width is limited to the extent required to
accommodate one additional parking space at a maximum
dimension of 2.6 metres wide by 6 metres long plus any driveway
area required to maneuver a vehicle into the additional parking
space; and
(b) Where the driveway leads to a private garage, the maximum width
beyond the required front setback or exterior setback is the width of
the private garage on the subject lot;
7.
Despite Subclause 6., where the driveway leads to a private garage, the
maximum width is the greater of 6.0 metres or the width of the private garage
on the subject lot;
8.
The minimum required setback from a private garage to the street line
where the driveway gains access to a street is 6.0 metres; and
Kingston Zoning By-Law Number 2022-62
Section 7: Parking, Loading and Bike Parking Provisions - Part 1, Page 140
9.
The maximum number of driveways is 1 per lot, except as follows:
(a)
On a corner lot, a maximum of 2 driveways are permitted with a
maximum of 1 driveway per street line and must be measured in
accordance with the street line where the driveway gains access; and
(b) Where 2 principal units in a semi-detached house are located on one
lot, a maximum of 2 driveways are permitted.
(By-Law Number 2022-62; 2024-332)
Additional Driveway & Parking Provisions for Multi-Unit Residential in the Urban Area
7.4.9.
In the urban area, on a lot with a, stacked townhouse, apartment building, or a
dwelling unit in a mixed use building, the following provisions must be complied
with:
1.
Where the side of a parking space is obstructed by any part of a fixed object
such as a wall, column, bollard, fence or pipe within 0.3 metres of the side of
the parking space, measured at right angles, and more than 1.0 metre from
the front or rear of the parking space, the minimum width of the parking
space must be increased by 0.3 metres for each side that is obstructed;
2.
The maximum width of a driveway within the required front setback or
exterior setback is 6.7 metres; and
3.
Parking spaces must be located in a permitted private garage, parking
structure, driveway or parking lot in the rear yard or interior yard, except
as follows:
(a)
Visitor spaces may be located in the front yard or exterior yard
provided the visitor space is not closer than 3.0 metres to any lot line
and not closer than 7.5 metres to any street line; and
4.
Despite Clause 7.4.1., a maximum of 10% of parking spaces provided on a lot,
excluding accessible spaces, visitor spaces and car-share spaces, are
permitted to be parking spaces for small cars, with a minimum length of 4.8
metres and a minimum width of 2.4 metres, with signage that identifies the
space as "small car parking space".
(By-Law Number 2022-62; 2024-332)
Kingston Zoning By-Law Number 2022-62
Section 7: Parking, Loading and Bike Parking Provisions - Part 1, Page 141
Additional Driveway & Parking Provisions for All Other Uses in the Urban Area
7.4.10.
In the urban area, on a lot with all uses other than those specified in Clauses 7.4.8.
and 7.4.9., the following provisions must be complied with:
1.
Where the side of a parking space is obstructed by any part of a fixed object
such as a wall, column, bollard, fence or pipe within 0.3 metres of the side of
the parking space, measured at right angles, and more than 1.0 metre from
the front or rear of the parking space, the minimum width of the parking
space must be increased by 0.3 metres for each side that is obstructed;
2.
The maximum width of a driveway within the required front setback or
exterior setback is 9.0 metres;
3.
Parking spaces must be located in a permitted parking structure, driveway
or parking lot; and
4.
Parking spaces and parking lots are permitted in the front yard, exterior
yard, interior yard or rear yard, provided they comply with sight triangle
provisions.
Additional Driveway & Parking Provisions for All Uses in the Rural Area
7.4.11.
In the rural area, on a lot with any permitted use, the following provisions must be
complied with:
1.
The maximum width of a driveway within the required front setback or
exterior setback is 9.0 metres;
2.
Parking spaces must be located in a permitted private garage, driveway or
parking lot; and
3.
Parking spaces and parking lots are permitted in the front yard, exterior
yard, interior yard or rear yard, provided they comply with sight triangle
provisions.
(By-Law Number 2022-62; 2024-332)
Legal Non-Complying Driveways, Private Garages and Parking Spaces
7.4.12.
Despite Clauses 7.4.8., 7.4.9., 7.4.10., 7.4.11. and 13.4.2.2., an existing driveway,
private garage or parking space that does not meet the provisions of this By-law,
but which legally existed on the date of passing of this By-law, is considered to be
Kingston Zoning By-Law Number 2022-62
Section 7: Parking, Loading and Bike Parking Provisions - Part 1, Page 142
legal non-complying. Clauses 1.8.2., 1.8.3. and 1.8.4 apply to legal non-complying
driveways, private garages or parking spaces.
7.5.
Loading Space Provisions
Loading Space Ratios
7.5.1.
The minimum number of loading spaces required by the ratios set out in Table
7.5.1. must be provided on the same lot as the corresponding use or building.
7.5.2.
Where a lot contains more than one use, the required number of loading spaces is
the sum of all loading spaces required for each use.
7.5.3.
Where a lot contains more than one building, the required number of loading
spaces is calculated and provided for each building as though it was on an
individual lot.
7.5.4.
When the computation of required loading spaces results in a number containing a
fraction, the minimum number of loading spaces required is increased to the next
highest whole number if the fraction is equal to or greater than 0.5, unless otherwise
required by this By-law.
Table 7.5.1. - Number of Required Loading Spaces
Use
Gross Floor Area or Number of
Dwelling Units
Number of Loading Spaces Required
Employment
Uses
0 to 300.0 square metres
1
More than 300.0 to 2,500.0 square
metres
2
More than 2,500.0 to 7,500.0 square
metres
3
More than 7,500.0 square metres
3 plus 1 for each additional 9,300.0
square metres beyond 7,500.0 square
metres
Commercial
Uses
0 - 300.0 square metres
0
More than 300.0 to 2,500.0 square
metres
1
More than 2,500.0 to 7,500.0 square
metres
2
Kingston Zoning By-Law Number 2022-62
Section 7: Parking, Loading and Bike Parking Provisions - Part 1, Page 143
Use
Gross Floor Area or Number of
Dwelling Units
Number of Loading Spaces Required
More than 7,500.0 square metres
2 plus 1 for each additional 9,300.0
square metres beyond 7,500.0 square
metres
Residential
Uses
0 to 50 dwelling units
0
51 to 399 dwelling units
1
400 or more dwelling units
2
(By-Law Number 2022-62; 2024-332)
Loading Space Dimensions
7.5.5.
The minimum dimensions of a loading space are 3.5 metres wide by 9.0 metres
long, with a minimum vertical clearance of 4.2 metres.
Surface Treatment of Loading Spaces
7.5.6.
All loading spaces must be maintained with a stable surface which is treated so as
to prevent the raising of dust or loose particles.
Location of Loading Spaces
7.5.7.
A loading space must abut the use or building that requires the loading space.
7.5.8.
Access to loading spaces must be provided by means of one or more unobstructed
aisles which must:
1.
Have a minimum unobstructed width of 3.5 metres and a minimum vertical
clearance of 4.2 metres;
2.
Provide sufficient space to permit the manoeuvring of vehicles on the lot so as
not to obstruct, or otherwise cause a traffic hazard on, an adjacent street; and
3.
Lead directly from the loading space to a street.
Addition to Existing Building - Loading Spaces
7.5.9.
Where a lot or building has insufficient loading spaces on the date of passing of
this By-law to conform with the provisions of this By-law, this By-law is not to be
interpreted as requiring that the deficiency be made up prior to the construction of
any addition, provided, however, any additional loading spaces required by this By-
Kingston Zoning By-Law Number 2022-62
Section 7: Parking, Loading and Bike Parking Provisions - Part 1, Page 144
Law for such addition must be provided in accordance with all provisions respecting
loading spaces.
(By-Law Number 2022-62; 2024-332)
7.6.
Outdoor Storage of Vehicles in Urban Residential Zones
Commercial Motor Vehicles
7.6.1.
One commercial motor vehicle per dwelling unit is permitted on a lot in an Urban
Residential Zone, Urban Multi-Unit Residential Zone, HCD1 Zone, HCD3 Zone, HAM
Zone, RUR Zone, LSR Zone or DR Zone, to a maximum of 3 commercial motor
vehicles per lot. For clarity, such commercial motor vehicle may be connected to a
home occupation.
7.6.2.
The maximum rated capacity of a commercial motor vehicle is 2.0 tonnes.
Storage of Recreational Vehicles, Watercraft, and Trailers in Residential Areas
7.6.3.
In an Urban Residential Zone, Urban Multi-Unit Residential Zone, HCD1 Zone, HCD3
Zone, HAM Zone, RUR Zone, LSR Zone or DR Zone, no boat, personal watercraft, all-
terrain vehicle, motor home, travel trailer, tent trailer, camper, snowmobile or other
recreational vehicle, or a utility trailer may be stored or parked on a lot, except for:
1.
One boat which must not exceed 8.2 metres in length;
2.
One motor home which must not exceed 8.2 metres in length;
3.
Not more than two personal watercraft, all-terrain vehicles, snowmobiles or
other recreational vehicles, or any combination thereof;
4.
One travel trailer, tent trailer or camper, which must not exceed 8.2 metres in
length, exclusive of hitch or tongue; and
5.
One utility trailer, which must not exceed 8.2 metres in length, exclusive of
hitch or tongue.
7.6.4.
The storage of a boat, personal watercraft, all-terrain vehicle, motor home, travel
trailer, tent trailer, camper, snowmobile or other recreational vehicle, or a utility
trailer permitted by Clause 7.6.3. must be in an interior yard or rear yard, and must
not be:
1.
closer than 1.0 metre from any lot line; and
Kingston Zoning By-Law Number 2022-62
Section 7: Parking, Loading and Bike Parking Provisions - Part 1, Page 145
2.
in any required parking space or sight triangle.
Temporary Parking of Recreational Vehicles, Watercraft, and Trailers in Driveways in
Residential Zones
7.6.5.
Despite Clauses 7.6.3. and 7.6.4., in an Urban Residential Zone, Urban Multi-Unit
Residential Zone, HCD1 Zone, HCD3 Zone, HAM Zone, RUR Zone, LSR Zone or DR
Zone, the temporary parking of the following vehicles, watercraft and trailers is
permitted in a portion of a driveway in a front yard, or in an exterior yard on a lot
between April 1 and October 31 of each year:
1.
One boat which must not exceed 8.2 metres in length;
2.
A maximum combined total of one motor home or travel trailer or tent trailer
or camper, which must not exceed 8.2 metres in length, exclusive of hitch or
tongue;
3.
No more than two personal watercraft;
4.
One utility trailer, which must not exceed 8.2 metres in length, exclusive of
hitch or tongue; and
5.
No more than two all-terrain vehicles or a similar recreational vehicle.
7.6.6.
Despite Clauses 7.6.3. and 7.6.4., in an Urban Residential Zone, Urban Multi-Unit
Residential Zone, HCD1 Zone, HCD3 Zone, HAM Zone, RUR Zone, LSR Zone or DR
Zone, the temporary parking of the following vehicles and trailers is permitted in a
portion of a driveway in a front yard, or in an exterior yard on a lot between
November 1 of each year and March 31 of the following year:
1.
No more than two snowmobiles and associated trailers.
7.6.7.
The temporary parking of the vehicles, watercraft and trailers permitted by Clauses
7.6.5. and 7.6.6. must not be:
1.
Closer than 1.0 metre to any lot line;
2.
Located in any required parking space or sight triangle; and
3.
Located in a parking lot on a lot with a mixed use building or an apartment
building.
Kingston Zoning By-Law Number 2022-62
Section 8: Rural Zones - Part 1, Page 146
Section 8: Rural Zones
8.1.
All Rural Zones
8.1.1.
For the purposes of this By-law, Rural Zones include: Prime Agricultural Area Zone
(AG), General Rural Area Zone (RU), Rural Residential Zone (RUR), Limited Service
Rural Residential Zone (LSR), Rural Commercial Zone (RC) and Hamlet Zone (HAM).
8.1.2.
Uses permitted in Rural Zones are limited to the uses identified in Table 8.1.2., and
are denoted by the symbol "-" in the column applicable to each Zone and
corresponding with the row for a specific permitted use. Where the symbol "-- " is
identified in the table, the use is not permitted in that Zone.
8.1.3.
Where a permitted use includes a reference number in superscript beside the "-"
symbol in Table 8.1.2., the following provisions apply:
1.
Is permitted only as an accessory use to a principal use on the lot.
2.
New houses are permitted only as accessory uses where an agricultural use
is the principal use of the lot. houses existing as of the date of passing of this
By-law are permitted to be principal uses.
3.
Despite the definition of recreation facility, such use may take place outside
and is not required to operate wholly within an enclosed building.
4.
Is permitted only as a complementary use to a principal agricultural use on
the lot.
(By-Law Number 2022-62; 2024-332)
Table 8.1.2. - Permitted Uses in the Rural Zones
Use
AG
RU
RUR
LSR
RC
HAM
Residential
dwelling unit in a mixed use building
--
--
--
--
-1
-
house
-2
-
-
-
-1
-
semi-detached house
--
--
--
--
--
-
Other
agricultural sales establishment
--
-
--
--
-
-
agricultural use
-
-
--
--
--
--
agri-tourism
-4
-4
--
--
--
--
Kingston Zoning By-Law Number 2022-62
Section 8: Rural Zones - Part 1, Page 147
Use
AG
RU
RUR
LSR
RC
HAM
animal care
--
--
--
--
-
-
automobile sales establishment
--
--
--
--
--
-
banquet hall
--
--
--
--
-
-
building supply store
--
--
--
--
--
-
campground
--
--
--
--
-
--
cemetery
--
-
--
--
--
-
community centre
--
-
-
--
-
-
creativity centre
--
--
--
--
--
-
club
--
--
--
--
-
-
day care centre
--
--
--
--
--
-
elementary school
--
-
-
--
--
-
feedmill
--
-
--
--
-
-
fitness centre
--
--
--
--
-
-
forestry use
-
-
--
--
--
--
garden centre
--
--
--
--
-
-
service station
--
--
--
--
--
-
golf course
--
--
--
--
-
--
grocery store
--
--
--
--
--
-
hotel
--
--
--
--
-
-
kennel
-
-
--
--
--
laundry store
--
--
--
--
--
-
library
--
-
-
--
-
-
marina
--
--
--
--
-
--
museum
--
-
-
--
-
-
office
--
--
--
--
-1
-
outdoor storage
--
--
--
--
-1
-1
personal service shop
--
--
--
--
--
-
place of worship
--
-
-
--
-
-
Kingston Zoning By-Law Number 2022-62
Section 8: Rural Zones - Part 1, Page 148
Use
AG
RU
RUR
LSR
RC
HAM
recreation facility
--
--
--
--
-3
-
recreational vehicle sales
establishment
--
--
--
--
--
-
repair shop
--
--
--
--
--
-
restaurant
--
--
--
--
--
-
retail store
--
--
--
--
-1
-
rural use
-1
-
-1
-1
-1
-1
secondary school
--
--
--
--
--
-
special needs facility
--
--
--
--
--
-
training facility
--
--
--
--
-
--
wellness clinic
--
--
--
--
--
-
wholesale establishment
--
--
--
--
-1
-1
(By-Law Number 2022-62; 2024-332)
Kingston Zoning By-Law Number 2022-62
Section 8: Rural Zones - Part 1, Page 149
8.2.
Prime Agricultural Area Zone (AG)
8.2.1.
The use of any lot or building in the AG Zone must comply with the provisions of
Table 8.2.1.
Table 8.2.1. - AG Provisions
Zoning Provision
existing house
all other permitted
uses
1. Minimum lot area (hectares)
1.0
40.0
2. Minimum lot frontage (metres)
90.0
90.0
3. Maximum height (metres)
--
--
4. Minimum front setback (metres)
7.6
7.6
5. Minimum rear setback (metres)
7.6
7.6
6. Minimum exterior setback (metres)
7.6
7.6
7. Minimum interior setback (metres)
9.0
12.0
8. Maximum lot coverage
10%
35%
9. Maximum number of principal dwelling
units per lot
1.0
--
(By-Law Number 2022-62; 2024-332)
Additional Provisions for Lots Zoned AG
8.2.2.
In addition to the provisions of Table 8.2.1. uses in the AG Zone must comply with
the following provisions:
1.
When a lot with an agricultural use is enlarged by acquiring another lot with
an agricultural use in the RU or AG Zones resulting in a surplus house, a
severance application for the surplus house must comply with all zoning
provisions of the RUR Zone in Table 8.4.1. The surplus house is deemed to be a
permitted use on the severed lot;
(By-Law Number 2022-62; 2024-332
2.
It is intended that agriculture-related uses or on-farm diversified uses that
are not permitted as-of-right in the AG Zone may be authorized through a
minor variance in accordance with the policies of the Official Plan and subject
to, and in accordance with, the provisions of the Planning Act; and
Kingston Zoning By-Law Number 2022-62
Section 8: Rural Zones - Part 1, Page 150
Housing for Seasonal Farm Labour
3.
Despite anything to the contrary in this By-law, housing for seasonal farm
labour is permitted, subject to the following provisions:
(a)
A maximum of one building is permitted for seasonal farm labour;
(b) Housing for seasonal farm labour may be in the form of a cabin or a
house; and
(c)
Housing for seasonal farm labour must comply with the setback, height
and lot coverage provisions applicable to houses.
(By-Law Number 2022-62; 2024-332)
Kingston Zoning By-Law Number 2022-62
Section 8: Rural Zones - Part 1, Page 151
8.3.
General Rural Area Zone (RU)
8.3.1.
The use of any lot or building in the RU Zone must comply with the provisions of
Table 8.3.1.
Table 8.3.1. - RU Provisions
Zoning Provision
house
all other
permitted uses
1. Minimum lot area (hectares)
1.0
(a) agricultural
use: 40.0
(b) other uses: 4.0
2. Minimum lot frontage (metres)
60.0
60.0
3. Maximum height (metres)
--
--
4. Minimum front setback (metres)
7.6
7.6
5. Minimum rear setback (metres)
7.6
7.6
6. Minimum exterior setback (metres)
7.6
7.6
7. Minimum interior setback (metres)
9.0
12.0
8. Maximum lot coverage
10%
35%
9. Maximum number of principal dwelling
units per lot
1.0
--
(By-Law Number 2022-62; 2024-332)
Additional Provisions for Lots Zoned RU
8.3.2.
In addition to the provisions of Table 8.3.1. uses in the RU Zone must comply with
the following provisions:
1.
Where a rural use is the only principal use and no other principal use is
established on a lot, a building dedicated to the rural use, including the
storage of associated vehicles and/or equipment (excluding a self-storage
facility), is permitted and must comply with the provisions applicable to "all
other permitted uses" in Table 8.3.1., along with the following provisions:
(a)
the maximum gross floor area is 100 square metres;
(b) the maximum height is 1 storey; and
(c)
a maximum of 1 rural use building is permitted per lot.
Kingston Zoning By-Law Number 2022-62
Section 8: Rural Zones - Part 1, Page 152
2.
Despite Paragraph 1., where a rural use is established on a lot that has any
other permitted principal use, a building dedicated to the rural use must
comply with the provisions applicable to "all other permitted uses" in Table
8.3.1.
3.
When a lot with an agricultural use is enlarged by acquiring another lot with
an agricultural use in the RU or AG Zones resulting in a surplus house, a
severance application for the surplus house must comply with all zoning
provisions of the RUR Zone in Table 8.4.1. The surplus house is deemed to be a
permitted use on the severed lot;
(By-Law Number 2022-62; 2024-332)
4.
Where a lot legally existed as of the date of passing of this By-law, is less than
1.0 hectare in area and was developed with a house as of the date of passing
of this By-law, the standards of the RUR Zone in Table 8.4.1. apply to the lot;
and
5.
It is intended that agriculture-related uses or on-farm diversified uses that
are not permitted as-of-right in the RU Zone may be authorized through a
minor variance in accordance with the policies of the Official Plan and subject
to, and in accordance with, the provisions of the Planning Act; and
(By-Law Number 2022-62; 2024-332)
Housing for Seasonal Farm Labour
6.
Despite anything to the contrary in this By-law, housing for seasonal farm
labour is permitted, subject to the following provisions:
(a)
A maximum of 1 building is permitted for seasonal farm labour;
(b) Housing for seasonal farm labour may be in the form of a cabin or a
house; and
(c)
Housing for seasonal farm labour must comply with the setback, height
and lot coverage provisions applicable to houses.
(By-Law Number 2022-62; 2024-332)
Kingston Zoning By-Law Number 2022-62
Section 8: Rural Zones - Part 1, Page 153
8.4.
Rural Residential Zone (RUR)
8.4.1.
The use of any lot or building in the RUR Zone must comply with the provisions of
Table 8.4.1.
Table 8.4.1. - RUR Provisions
Zoning Provision
House
all other permitted uses
1. Minimum lot area
1.0 hectare
(a) Private Services -
4,000.0 square metres
(b) Partial Services -
1,393.6 square metres
2. Minimum lot frontage (metres)
(a) Private Services -
36.5
(b) Partial Services - 30.5
(a) Private Services -
36.5
(b) Partial Services - 30.5
3. Maximum height (metres)
10.7
10.7
4. Minimum front setback (metres)
6.1
6.1
5. Minimum rear setback (metres)
7.5
7.5
6. Minimum exterior setback
(metres)
6.1
6.1
7. Minimum interior setback (metres) 1.2
4.5
8. Maximum lot coverage
10%
--
9. Minimum landscaped open space
30%
30%
10. Maximum number of principal
buildings per lot
1.0
1.0
11. Maximum number of principal
dwelling units per lot
1.0
--
(By-Law Number 2022-62; 2024-332)
Additional Provisions for Lots Zoned RUR
8.4.2.
In addition to the provisions of Table 8.4.1., uses in the RUR Zone must comply with
the following provisions:
1.
Despite the minimum lot area and lot frontage requirements in Table 8.4.1.,
where a lot was created through a plan of subdivision under the Planning Act
as of the date of passing of this By-law and the lot area and/or lot frontage
Kingston Zoning By-Law Number 2022-62
Section 8: Rural Zones - Part 1, Page 154
are less than what is required by Table 8.4.1., the existing lot area and/or lot
frontage are deemed to comply with this By-law.
Kingston Zoning By-Law Number 2022-62
Section 8: Rural Zones - Part 1, Page 155
8.5.
Limited Service Rural Residential Zone (LSR)
8.5.1.
The use of any lot or building in the LSR Zone must comply with the provisions of
Table 8.5.1.
Table 8.5.1. - LSR Provisions
Zoning Provision
all permitted uses
1. Minimum lot area (square metres)
As existing on the date of passing of this By-law
2. Minimum lot frontage (metres)
As existing on the date of passing of this By-law
3. Maximum height (metres)
9.0
4. Minimum front setback (metres)
7.5
5. Minimum rear setback (metres)
7.5
6. Minimum exterior setback
(metres)
7.5
7. Minimum interior setback (metres) 4.5
8. Maximum lot coverage
15%
9. Maximum number of principal
buildings per lot
1.0
10. Minimum landscaped open
space
30%
11. Minimum setback from a right-
of-way (metres)
7.5
12. Maximum number of principal
dwelling units per lot
1.0
Kingston Zoning By-Law Number 2022-62
Section 8: Rural Zones - Part 1, Page 156
8.6.
Rural Commercial Zone (RC)
8.6.1.
The use of any lot or building in the RC Zone must comply with the provisions of
Table 8.6.1.
Table 8.6.1. - RC Provisions
Zoning Provision
House
all other permitted uses
1. Minimum lot area (hectares)
1.0
1.0
2. Minimum lot frontage (metres)
30.0
(a) Private Services: 45.0
(b) Partial Services: 30.0
3. Maximum height (metres)
12.0
12.0
4. Minimum front setback (metres)
3.0
3.0
5. Minimum rear setback (metres)
7.5
7.5
6. Minimum exterior setback (metres)
3.0
3.0
7. Minimum interior setback (metres)
0.0
0.01
8. Minimum landscaped open space
10%
10%
9. Maximum number of principal
dwelling units per lot
1.0
1.0
(By-Law Number 2022-62; 2024-332)
Additional Provisions for Lots Zoned RC
8.6.2.
In addition to the provisions of Table 8.6.1., uses in the RC Zone must comply with
the following provisions:
1.
Where an interior lot line abuts a Zone other than a Rural Commercial Zone
or Rural Institutional Zone, the minimum interior setback is 6.0 metres;
2.
Outdoor storage is only permitted in the rear yard, except for outdoor
storage associated with a marina, which is permitted in any yard; and
3.
Despite Subclause 2., in the case of an automobile sales establishment,
outdoor storage is permitted provided that it is located a minimum of 1.0
metre from a street line.
Kingston Zoning By-Law Number 2022-62
Section 8: Rural Zones - Part 1, Page 157
8.7.
Hamlet Zone (HAM)
8.7.1.
The use of any lot or building in the HAM Zone must comply with the provisions of
Table 8.7.1.
Table 8.7.1. - HAM Provisions
Zoning Provision
Residential
uses
dwelling
unit in a
mixed use
building
Non-
Residential
Uses
1. Minimum lot area (hectares)
1.0
1.0
1.0
2. Minimum lot frontage (metres)
30.0
30.0
30.0
3. Maximum height (metres)
10.7
10.7
10.7
4. Minimum front setback (metres)
6.0
3.0
3.0
5. Minimum rear setback (metres)
7.5
7.5
7.5
6. Minimum exterior setback (metres)
6.0
3.0
3.0
7. Minimum interior setback (metres)
1.2
6.01
6.01
8. Minimum landscaped open space
30%
30%
30%
9. Maximum number of principal buildings per lot
1.0
--
--
10. Maximum number of principal dwelling units
per lot
2.0
2.0
--
(By-Law Number 2022-62; 2024-332)
Additional Provisions for Lots Zoned HAM
8.7.2.
In addition to the provisions of Table 8.7.1., uses in the HAM Zone must comply with
the following provisions:
1.
Where the interior lot line is adjacent to a lot that is not developed with a
house, or semi-detached house, there is no minimum interior setback
requirement;
2.
Where an existing building was originally designed and constructed for a non-
residential use, such building is permitted to be converted to a house, or
semi-detached house;
Kingston Zoning By-Law Number 2022-62
Section 8: Rural Zones - Part 1, Page 158
3.
Outdoor storage is only permitted as an accessory use to a non-residential
use where such lot is not adjacent to a lot that is developed with a house, or
semi-detached house, subject to the following provisions:
(a)
outdoor storage is only permitted in the rear yard; and
(b) outdoor storage must comply with the setback provisions applicable to
the principal building.
4.
Despite Subclause 8.7.2.2., when outdoor storage is established under the
provisions of this By-law, the subsequent construction of a new house, or
semi-detached house, on an adjacent lot does not render such outdoor
storage non-complying; and
5.
Despite the minimum lot area and lot frontage requirements in Table 8.7.1.,
where a lot was created through a plan of subdivision under the Planning Act
as of the date of passing of this By-law and the lot area and/or lot frontage
are less than what is required by Table 8.7.1., the existing lot area and/or lot
frontage are deemed to comply with this By-law.
(By-Law Number 2022-62; 2024-332)
Kingston Zoning By-Law Number 2022-62
Section 9: Rural Industrial Zones - Part 1, Page 159
Section 9: Rural Industrial Zones
9.1.
All Rural Industrial Zones
9.1.1.
For the purposes of this By-law, Rural Industrial Zones include Rural Industrial Zone
(RM1), Rural Heavy Industrial Zone (RM2) and Mineral Resource and Extraction Zone
(MX1).
9.1.2.
Uses permitted in Rural Industrial Zones are limited to the uses identified in Table
9.1.2., and are denoted by the symbol "-" in the column applicable to each Zone
and corresponding with the row for a specific permitted use. Where the symbol "--
" is identified in the table, the use is not permitted in that Zone.
9.1.3.
Where a permitted use includes a reference number in superscript beside the "-"
symbol in Table 9.1.2., the following corresponding provisions apply:
1.
Is permitted only as an accessory use to a principal use on a lot.
Table 9.1.2. - Permitted Uses in the Rural Industrial Zones
Use
RM1
RM2
MX1
agricultural use
--
--
-
automobile body shop
-
--
--
automobile repair shop
-
--
--
building supply store
-
--
--
contractor's yard
-
--
--
feedmill
-
--
--
forestry use
--
--
-
gravel pit
--
--
-
heavy equipment or truck repair shop
-
-
--
heavy industrial uses
--
-
--
industrial repair shop
-
--
--
light industrial use
-
-
--
mineral aggregate operation
--
--
-
outdoor storage
-1
-
-
Kingston Zoning By-Law Number 2022-62
Section 9: Rural Industrial Zones - Part 1, Page 160
Use
RM1
RM2
MX1
repair shop
-
-
--
salvage yard
--
-
--
transformer station
--
-
--
transportation depot
-
-
--
transportation terminal
-
--
--
warehouse
-
-
--
water supply plant
--
-
--
workshop
-
--
--
Kingston Zoning By-Law Number 2022-62
Section 9: Rural Industrial Zones - Part 1, Page 161
9.2.
Rural Industrial Zone (RM1)
9.2.1.
The use of any lot or building in the RM1 Zone must comply with the provisions of
Table 9.2.1.
Table 9.2.1. - RM1 Provisions
Zoning Provision
all permitted uses
1. Minimum lot area (hectares)
1.0
2. Minimum lot frontage (metres)
30.0
3. Maximum height (metres)
20.0
4. Minimum front setback (metres)
(a) where abutting a lot that is located in any Zone
other than a Rural Industrial Zone: 24.0
(b) all other lots: 15.0
5. Minimum rear setback (metres)
(a) where abutting a lot that is located in any Zone
other than a Rural Industrial Zone: 15.0
(b) all other lots: 7.51
6. Minimum exterior setback (metres)
(a) where abutting a lot that is located in any Zone
other than a Rural Industrial Zone: 24.0
(b) all other lots: 15.0
7. Minimum interior setback (metres)
(a) where abutting a lot that is located in any Zone
other than a Rural Industrial Zone: 6.1
(b) all other lots: 3.01
8. Minimum landscaped open space
10%
9. Maximum lot coverage
35%
Additional Provisions for Lots Zoned RM1
9.2.2.
In addition to the provisions of Table 9.2.1., uses in the RM1 Zone must comply with
the following provisions:
1.
Outdoor storage must:
(a)
Comply with setback and lot coverage provisions of this Zone as if the
outdoor storage were a building;
(b) Not be located in a front yard or exterior yard; and
Kingston Zoning By-Law Number 2022-62
Section 9: Rural Industrial Zones - Part 1, Page 162
(c)
Be provided with a visual screen with a minimum height of 1.8 metres
and in such a manner that the outdoor storage is not visible from a
street or a lot that is located in any Zone other than a Rural Industrial
Zone.
(By-Law Number 2022-62; 2024-332)
Kingston Zoning By-Law Number 2022-62
Section 9: Rural Industrial Zones - Part 1, Page 163
9.3.
Rural Heavy Industrial Zone (RM2)
9.3.1.
The use of any lot or building in the RM2 Zone must comply with the provisions of
Table 9.3.1.
Table 9.3.1. - RM2 Provisions
Zoning Provision
all permitted uses
1. Minimum lot area (hectares)
1.0
2. Minimum lot frontage (metres)
30.0
3. Maximum height (metres)
--
4. Minimum front setback (metres)
(a) where abutting a lot that is located in any Zone
other than a Rural Industrial Zone: 24.0
(b) all other lots: 15.0
5. Minimum rear setback (metres)
(a) where abutting a lot that is located in any Zone
other than a Rural Industrial Zone: 15.0
(b) all other lots: 7.51
6. Minimum exterior setback (metres)
(a) where abutting a lot that is located in any Zone
other than a Rural Industrial Zone: 24.0
(b) all other lots: 15.0
7. Minimum interior setback (metres)
(a) where abutting a lot that is located in any Zone
other than a Rural Industrial Zone: 12.0
(b) all other lots: 3.01
8. Minimum landscaped open space
--
9. Maximum lot coverage
--
Additional Provisions for Lots Zoned RM2
9.3.2.
In addition to the provisions of Table 9.3.1., uses in the RM2 Zone must comply with
the following provisions:
1.
No interior setback or rear setback is required along any portion of a lot line
which abuts a railroad right-of way.
Kingston Zoning By-Law Number 2022-62
Section 9: Rural Industrial Zones - Part 1, Page 164
9.4.
Mineral Resource and Extraction Zone (MX1)
9.4.1.
The use of any lot or building in the MX1 Zone must comply with the provisions of
Table 9.4.1.
Table 9.4.1. - MX1 Provisions
Zoning Provision
all permitted uses
1. Minimum lot area (hectares)
1.0
2. Minimum lot frontage (metres)
30.0
3. Maximum height (metres)
--
4. Minimum front setback (metres)
(a) where abutting a lot that is located in any Zone
other than a Rural Industrial Zone: 30.0
(b) all other lots: 22.04
5. Minimum rear setback (metres)
(a) where abutting a lot that is located in any Zone
other than a Rural Industrial Zone: 30.0
(b) all other lots: 15.01,2,3,4
6. Minimum exterior setback (metres)
(a) where abutting a lot that is located in any Zone
other than a Rural Industrial Zone: 30.0
(b) all other lots: 22.04
7. Minimum interior setback (metres)
(a) where abutting a lot that is located in any Zone
other than a Rural Industrial Zone: 30.0
(b) all other lots: 15.01,2,3,4
8. Minimum landscaped open space
--
9. Maximum lot coverage
--
Additional Provisions for Lots Zoned MX1
9.4.2.
In addition to the provisions of Table 9.4.1., uses in the MX1 Zone must comply with
the following provisions:
1.
No interior setback or rear setback is required along any portion of a lot line
which abuts a railroad right-of way;
2.
Where a gravel pit abuts a lot in a Zone that permits a residential use or a DR
Zone, minimum interior setback and rear setback of a gravel pit: 60.0
metres;
Kingston Zoning By-Law Number 2022-62
Section 9: Rural Industrial Zones - Part 1, Page 165
3.
Where a mineral aggregate operation abuts a lot in a Zone that permits a
residential use or a DR Zone, the minimum interior setback and rear setback
of a mineral aggregate operation is 60.0 metres; and
4.
A building, plant or product stockpile must:
(a)
Have a minimum setback of 30.5 metres from any lot line; and
(b) Have a minimum setback of 91.4 metres of any lot line or part thereof
which abuts a lot in a Zone that permits a residential use or a DR Zone.
Kingston Zoning By-Law Number 2022-62
Section 10: Mixed Use Zones - Part 1, Page 166
Section 10: Mixed Use Zones
10.1.
10.1.1.
All Mixed Use Zones
For the purposes of this By-law, Mixed Use Zones include Williamsville Zone 1
(WM1), Williamsville Zone 2 (WM2), Downtown Zone 1 (DT1), Downtown Zone 2
(DT2), Mixed Zone 1 (MU1), Mixed Zone 2 (MU2), and Mixed Zone 3 (MU3).
(By-Law Number 2022-62; 2025-118)
10.1.2.
Uses permitted in Mixed Use Zones are limited to the uses identified in Table
10.1.2., and are denoted by the symbol "-" in the column applicable to each Zone
and corresponding with the row for a specific permitted use. Where the symbol "--
" is identified in the table, the use is not permitted in that Zone.
Table 10.1.2. - Permitted Uses in the Mixed Use Zones
Use
WM1, WM2
DT1, DT2
MU1, MU2,
MU3
Residential
apartment building
-
-
-
dwelling unit in a mixed use building
-
-
-
stacked townhouse
-
--
-
townhouse
-
-
Non-residential
animal care
--
-
--
automobile sales establishment
--
-
--
banquet hall
-
-
-
building supply store
--
-
--
catering service
--
--
-
commercial parking lot
--
-
--
community centre
-
-
-
club
-
-
-
creativity centre
-
-
-
day care centre
-
-
-
department store
--
-
--
Kingston Zoning By-Law Number 2022-62
Section 10: Mixed Use Zones - Part 1, Page 167
Use
WM1, WM2
DT1, DT2
MU1, MU2,
MU3
entertainment establishment
-
-
-
financial institution
-
-
-
fitness centre
-
-
-
service station
--
-
--
grocery store
-
-
-
funeral establishment
-
-
-
hotel
-
-
-
laboratory
-
--
-
laundry store
-
-
-
library
-
-
-
museum
-
-
-
office
-
-
-
personal service shop
-
-
-
place of worship
-
-
-
production studio
--
--
-
public market
-
-
-
recreation facility
-
-
-
repair shop
--
-
--
research establishment
--
--
-
restaurant
-
-
-
retail store
-
-
-
special needs facility
-
--
-
training facility
--
-
-1
transportation depot
--
-
--
transportation terminal
--
-
--
wellness clinic
-
-
-
workshop
--
--
-1
(By-Law Number 2022-62; 2025-118)
Kingston Zoning By-Law Number 2022-62
Section 10: Mixed Use Zones - Part 1, Page 168
10.1.3. Where a permitted use includes a reference number in superscript beside the "-"
symbol in Table 10.1.2., the following corresponding provision applies:
1. Is required to operate within an enclosed building.
(By-Law Number 2022-62; 2025-118)
Kingston Zoning By-Law Number 2022-62
Section 10: Mixed Use Zones - Part 1, Page 169
10.2.
Williamsville Zone 1 (WM1)
10.2.1.
Despite the definitions of front lot line and rear lot line, in the WM1 Zone:
1.
Where a lot has a street line adjacent to Princess Street, the street line
adjacent to Princess Street is deemed to be the front lot line; and
2.
Where a lot has a street line adjacent to Princess Street, all lot lines that
separate the lot from a Zone outside the WM1, WM2 or a Commercial Zone
are considered a rear lot line.
10.2.2.
The use of any lot or building in the WM1 Zone must comply with the provisions of
Table 10.2.1.
Table 10.2.1. - WM1 Provisions
Zoning Provision
all permitted uses
1. Minimum lot area (square
metres)
--
2. Minimum lot frontage
(metres)
--
3. Maximum height (metres)
The lesser of:
(a) 20 metres
(b) 6 storeys
4. Minimum and maximum
front setback (metres)
(a) front lot line on Princess Street, Division Street,
Concession Street or Bath Road:
(i) first storey: minimum 3.0 metres, maximum 5.0 metres
(ii) storeys 2 to 4: minimum 2.0 metres, maximum 5.0
metres
(b) front lot line on all other streets:
(i) storeys 1 to 4: minimum 2.0 metres, maximum 5.0
metres
5. Minimum rear setback
(metres)
8.0
6. Minimum exterior setback
(metres)
(a) exterior lot line on Division Street, Concession Street
or Bath Road:
(i) first storey: minimum 3.0 metres, maximum 5.0 metres
Kingston Zoning By-Law Number 2022-62
Section 10: Mixed Use Zones - Part 1, Page 170
Zoning Provision
all permitted uses
(ii) storeys 2 to 4: minimum 2.0 metres, maximum 5.0
metres
(b) exterior lot line on all other streets:
(i) storeys 1 to 4: minimum 2.0 metres, maximum 5.0
metres
7. Minimum interior setback
(metres)
(a) where a lot has front lot line on Princess Street: 0.0
metres
(b) all other lots: 1.2 metres
8. Minimum and maximum
stepbacks
(a) Front lot line and/or exterior lot line:
(i) storey 5 to 6: minimum 2.0 metres from the exterior wall
of the 4th storey
9. Minimum landscaped open
space
--
10. Maximum lot coverage
70%
11. Maximum residential
density
210 dwelling units per net hectare
12. Minimum streetwall height
for all buildings
10.5 metres
13. Minimum floor to floor
height of first storey
4.5 metres
Additional Provisions for Lots Zoned WM1
10.2.3.
In addition to the provisions of Table 10.2.1., uses in the WM1 Zone must comply
with the following provisions:
Front Setback of Streetwall
1.
A minimum of 75% of the streetwall of a building must be built to the
minimum required front setback for the height of the streetwall.
Kingston Zoning By-Law Number 2022-62
Section 10: Mixed Use Zones - Part 1, Page 171
Projecting Balconies
2.
Balconies that project from the exterior wall of a building are only permitted
above the fourth storey where the exterior wall faces a street line, and may
only project to a maximum depth of 1.5 metres from the wall.
3.
Balconies that project from the exterior wall of a building are only permitted
above the second storey where the exterior wall faces a lot line that is not a
street line, and may only project to a maximum depth of 2.0 metres from the
wall.
Ground Floor Commercial Uses
4.
Buildings fronting on Princess Street are required to have ground floor
commercial uses on the first storey where any portion of the lot aligns with
the area identified as "Required Ground Floor Commercial" on Schedule 3 of
this By-Law.
5.
Where ground floor commercial uses are required by Subclause 4., the entire
streetwall of the first storey, excluding areas devoted to a lobby or other
shared entrances/exits for other permitted uses, must be occupied by
commercial uses. Portions of the floor area of the first storey that do not have
an exterior wall facing a street line may be occupied by uses that service the
building such as loading spaces, waste management facilities and rooms,
mechanical rooms, bike parking facilities and other similar uses.
Loading and Parking
6.
Loading spaces, parking spaces and parking lots are not permitted in a
front yard or exterior yard.
Kingston Zoning By-Law Number 2022-62
Section 10: Mixed Use Zones - Part 1, Page 172
10.3.
Williamsville Zone 2 (WM2)
10.3.1.
For the purpose of the WM2 Zone, the following definitions apply:
1.
Podium means the base component of any building that is no greater than 20
meters in height (excluding mechanical penthouses) and only includes the
first storey through sixth storeys of such building.
2.
Tower means any portion of any building that is greater than 20 metres in
height, excluding a podium, below grade building components and
mechanical penthouses.
10.3.2.
Despite the definitions of front lot line and rear lot line, in the WM2 Zone:
1.
Where a lot has a street line adjacent to Princess Street, the street line
adjacent to Princess Street is deemed to be the front lot line; and
2.
Where a lot has a street line adjacent to Princess Street, all lot lines that
separate the lot from a Zone outside the WM1, WM2 or a Commercial Zone
are considered a rear lot line.
10.3.3.
The use of any lot or building in the WM2 Zone must comply with the provisions of
Table 10.3.1.
Table 10.3.1. - WM2 Provisions
Zoning Provision
all permitted uses
1. Minimum lot area (square
metres)
--
2. Minimum lot frontage
(metres)
--
3. Maximum height (metres)
The lesser of:
(a) 61.5 metres
(b) 20 storeys
4. Minimum and maximum
front setback (metres)
(a) front lot line on Princess Street, Division Street,
Concession Street or Bath Road:
(i) first storey: minimum 3.0 metres, maximum 5.0 metres
(ii) storeys 2 to 4: minimum 2.0 metres, maximum 5.0
metres
(b) front lot line on all other streets:
Kingston Zoning By-Law Number 2022-62
Section 10: Mixed Use Zones - Part 1, Page 173
Zoning Provision
all permitted uses
(i) storeys 1 to 4: minimum 2.0 metres, maximum 5.0
metres
5. Minimum rear setback
(metres)
8.0
6. Minimum exterior setback
(metres)
(a) exterior lot line on Division Street, Concession Street
or Bath Road:
(i) first storey: minimum 3.0 metres, maximum 5.0
metres
(ii) storeys 2 to 4: minimum 2.0 metres, maximum 5.0
metres
(b) exterior lot line on all other streets:
(i) storeys 1 to 4: minimum 2.0 metres, maximum 5.0
metres
7. Minimum interior setback
(metres)
(a) where a lot has front lot line on Princess Street: 0.0
metres
(b) all other lots: 1.2 metres
8. Minimum and maximum
stepbacks
(a) Front lot line and/or exterior lot line:
(i) storey 5 to 6: minimum 2.0 metres from the exterior
wall of the 4th storey
9. Minimum landscaped open
space
--
10. Maximum lot coverage
70%
11. Maximum residential
density
(a) where a tower is developed: 480 dwelling units per net
hectare
(b) all other lots: 210 dwelling units per net hectare
12. Minimum streetwall height
for all buildings
10.5 metres
13. Minimum floor to floor
height of first storey
4.5 metres
Additional Provisions for Lots Zoned WM2
10.3.4.
In addition to the provisions of Table 10.3.1., uses in the WM2 Zone must comply
with the following provisions:
Kingston Zoning By-Law Number 2022-62
Section 10: Mixed Use Zones - Part 1, Page 174
Front Setback of Streetwall
1.
A minimum of 75% of the streetwall of a building must be built to the
minimum required front setback for the height of the streetwall.
Projecting Balconies
2.
Balconies that project from the exterior wall of a building are only permitted
above the fourth storey where the exterior wall faces a street line, and may
only project to a maximum depth of 1.5 metres from the wall.
3.
Balconies that project from the exterior wall of a building are only permitted
above the second storey where the exterior wall faces a lot line that is not a
street line, and may only project to a maximum depth of 2.0 metres from the
wall.
Ground Floor Commercial Uses
4.
Buildings fronting on Princess Street are required to have ground floor
commercial uses on the first storey where any portion of the lot aligns with
the area identified as "Required Ground Floor Commercial" on Schedule 3.
5.
Where ground floor commercial uses are required by Subclause 4., the entire
streetwall of the first storey, excluding areas devoted to a lobby or other
shared entrances/exits for other permitted uses, must be occupied by
commercial uses. Portions of the floor area of the first storey that do not have
an exterior wall facing a street line may be occupied by uses that service the
building such as loading spaces, waste management facilities and rooms,
mechanical rooms, bike parking facilities and other similar uses.
Tower Conditions
6.
The maximum floor plate of a tower is 790 square metres. Tower floor plate
includes all areas enclosed within exterior walls, including hallways, elevators,
stairs, mechanical shafts, and all similar components.
7.
The minimum separation distance between a tower and another tower is
25.0 metres.
8.
The minimum setback from a tower to a lot line shared with an adjacent
property is 12.5 metres.
Kingston Zoning By-Law Number 2022-62
Section 10: Mixed Use Zones - Part 1, Page 175
9.
Despite Subclause 8., where an adjacent property has already been developed
with a tower, the tower is permitted to be located closer than 12.5 metres to
the lot line shared with that adjacent property so long as the 25.0 metre tower
separation distance is maintained.
10.
The minimum setback from a tower to the exterior wall of the podium is 2.0
metres.
Loading and Parking
11.
Loading spaces, parking spaces and parking lots are not permitted in a
front yard or exterior yard.
Density Exception
12.
The maximum residential density provisions of Table 10.3.1. do not apply to
the properties municipally known as 429 and 445 Princess Street.
Kingston Zoning By-Law Number 2022-62
Section 10: Mixed Use Zones - Part 1, Page 176
10.4.
Downtown Zone 1 (DT1)
10.4.1.
The use of any lot or building in the DT1 Zone must comply with the provisions of
Table 10.4.1.
Table 10.4.1. - DT1 Provisions
Zoning Provision
all permitted uses
1. Minimum lot area (square
metres)
--
2. Minimum lot frontage (metres)
--
3. Minimum height
2 storeys, not less than 8.5 metres
4. Maximum height (metres)
(a) Height at build-to-plane: 4 storeys, not to
exceed 17.0 metres
(b) Height under angular plane: 6 storeys, not to
exceed 25.5 metres
5. Minimum front setback (metres)
See subclause 10.4.2.1.
6. Minimum rear setback (metres)
See subclause 10.4.2.2.
7. Minimum exterior setback
(metres)
0.0
8. Minimum interior setback
(metres)
See subclause 10.4.2.2.
9. Minimum landscaped open
space
--
10. Minimum lot coverage
50%
11. Maximum lot coverage
100%
12. Maximum number of dwelling
units per lot
123 dwelling units per net hectare
13. Applicable angular plane
39 degrees
14. Height for commencement of
angular plane
17.0
Additional Provisions for Lots Zoned DT1
10.4.2.
In addition to the provisions of Table 10.4.1., uses in the DT1 Zone must comply
with the following provisions:
Kingston Zoning By-Law Number 2022-62
Section 10: Mixed Use Zones - Part 1, Page 177
1.
The minimum front setback and build-to-plane is the average of the existing
front setback of immediately adjacent buildings fronting on the same street,
subject to the following provisions:
(a)
Where immediately adjacent buildings have different front setbacks, the
front setback must be the same as the immediately adjacent building
closest to the street line; and
(b)
Where no adjacent buildings exist within the same block, fronting on the
same street, the front setback and build-to-plane is at the street line;
2.
The required minimum interior setback and rear setback is 0.0 metres, except
where the interior lot line or rear lot line abuts a lot in an Urban Residential
Zone, HCD1 Zone or HCD3 Zone, the minimum interior setback or rear
setback is increased to half the height of the building or 6.0 metres,
whichever is greater;
3.
Conversion of commercial uses in buildings existing as of the date of passing
of this By-law for residential use is permitted, subject to compliance with all
provisions of this By-law except provisions regulating minimum setbacks,
amenity area and maximum lot coverage do not apply;
4.
Commercial parking lot, parking spaces and parking lots are only permitted
in the interior yard or rear yard;
5.
Despite Clause 4.23.1., the minimum separation distance from the high water
mark of a waterbody for any use or building is 10.0 metres;
6.
The minimum width of a waterfront walkway is 10.0 metres;
7.
All waterfront walkways must be designed so that they are open from the
ground to the sky and not covered by any component of any building;
8.
For parking structures, the following provisions do not apply:
(a)
The build-to-plane provisions;
(b)
The minimum height provisions; and
(c)
The minimum lot coverage provisions;
9.
No loading spaces are required;
10.
Drive-throughs are prohibited;
Kingston Zoning By-Law Number 2022-62
Section 10: Mixed Use Zones - Part 1, Page 178
11.
Buildings are required to have ground floor commercial uses on the first
storey where any portion of the lot aligns with the area identified as "Required
Ground Floor Commercial" on Schedule 3.
12.
Where ground floor commercial uses are required by Subclause 11., the entire
streetwall of the first storey, excluding areas devoted to a lobby or other
shared entrances/exits for other permitted uses, must be occupied by
commercial uses. Portions of the floor area of the first storey that do not have
an exterior wall facing a street line may be occupied by uses that service the
building such as loading spaces, waste management facilities and rooms,
mechanical rooms, bike parking facilities and other similar uses.
(By-Law Number 2022-62; 2024-332)
Kingston Zoning By-Law Number 2022-62
Section 10: Mixed Use Zones - Part 1, Page 179
10.5.
Downtown Zone 2 (DT2)
10.5.1.
The use of any lot or building in the DT2 Zone must comply with the provisions of
Table 10.5.1.
Table 10.5.1. - DT2 Provisions
Zoning Provision
all permitted uses
1. Minimum lot area (square
metres)
--
2. Minimum lot frontage (metres)
--
3. Minimum height
2 storeys, not less than 8.5 metres
4. Maximum height (metres)
4 storeys, not to exceed 17.0 metres
5. Minimum front setback (metres)
See subclause 10.5.2.1.
6. Minimum rear setback (metres)
See subclause 10.5.2.2.
7. Minimum exterior setback
(metres)
0.0
8. Minimum interior setback
(metres)
See subclause 10.5.2.2.
9. Minimum landscaped open
space
--
10. Minimum lot coverage
50%
11. Maximum lot coverage
100%
12. Maximum number of dwelling
units per lot
123 dwelling units per net hectare
Additional Provisions for Lots Zoned DT2
10.5.2.
In addition to the provisions of Table 10.5.1., uses in the DT2 Zone must comply
with the following provisions:
1.
The minimum front setback and build-to-plane is the average of the existing
front setback of immediately adjacent buildings fronting on the same street,
subject to the following provisions:
(a)
Where immediately adjacent buildings have different front setbacks, the
front setback must be the same as the immediately adjacent building
closest to the street line; and
Kingston Zoning By-Law Number 2022-62
Section 10: Mixed Use Zones - Part 1, Page 180
(b) Where no adjacent buildings exist within the same block, fronting on the
same street, the front setback and build-to-plane is at the street line;
2.
The required minimum interior setback and rear setback is 0.0 metres, except
where the interior lot line or rear lot line abuts a lot in an Urban Residential
Zone, HCD1 Zone or HCD3 Zone, the minimum interior setback or rear
setback is increased to half the height of the building or 6.0 metres,
whichever is greater;
3.
Conversion of commercial buildings existing as of the date of passing of this
By-law for residential use is permitted, subject to compliance with all
provisions of this By-law except provisions regulating minimum setbacks,
amenity area and maximum lot coverage do not apply;
4.
Commercial parking lot, parking spaces and parking lots are only permitted
in the interior yard or rear yard;
5.
Despite Clause 4.23.1., the minimum separation distance from the high water
mark of a waterbody for any use or building is 10.0 metres;
6.
The minimum width of a waterfront walkway is 10.0 metres;
7.
All waterfront walkways must be designed so that they are open from the
ground to the sky and not covered by any component of any building;
8.
For parking structures, the following provisions do not apply:
(a)
The build-to-plane provisions;
(b) The minimum height provisions; and
(c)
The minimum lot coverage provisions;
9.
No loading spaces are required;
10.
Drive-throughs are prohibited;
11.
Buildings are required to have ground floor commercial uses on the first
storey where any portion of the lot aligns with the area identified as "Required
Ground Floor Commercial" on Schedule 3.
12.
Where ground floor commercial uses are required by Subclause 11., the entire
streetwall of the first storey, excluding areas devoted to a lobby or other
shared entrances/exits for other permitted uses, must be occupied by
Kingston Zoning By-Law Number 2022-62
Section 10: Mixed Use Zones - Part 1, Page 181
commercial uses. Portions of the floor area of the first storey that do not have
an exterior wall facing a street line may be occupied by uses that service the
building such as loading spaces, waste management facilities and rooms,
mechanical rooms, bike parking facilities and other similar uses.
10.6.
Mixed Zone 1 (MU1)
10.6.1.
The use of any lot or building in the MU1 Zone must comply with the provisions of
Table 10.6.1.
Table 10.6.1. - MU1 Provisions are added as follows:
Zoning Provision
All permitted uses
1. Minimum lot area (square metres)
--
2. Minimum lot frontage (metres)
--
3. Minimum streetwall height
(metres)
10.5
4. Minimum floor to floor height of
first storey (metres)
4.5
5. Maximum height
The lesser of:
(a) 20 metres
(b) 6 storeys
6. Minimum front setback (metres)
3.0
7. Minimum rear setback (metres)
10.0
8. Minimum exterior setback
(metres)
3.0
9. Minimum interior setback
(metres)
3.0
10. Minimum stepbacks (metres)
(a) Front lot line and exterior lot
line:
i. storey 5 to 6: minimum 3.0
metres from the exterior wall of the
4th storey
11. Minimum landscaped open
space
15%
12. Minimum lot coverage
55%
13. Maximum residential density
175 dwelling units per net hectare
(By-Law Number 2022-62; 2025-118)
Kingston Zoning By-Law Number 2022-62
Section 10: Mixed Use Zones - Part 1, Page 182
Additional Provisions for Lots Zoned MU1
10.6.2.
In addition to the provisions of Table 10.6.1., uses in the MU1 Zone must comply
with the following provisions:
Front Setback of Streetwall
1.
A minimum of 75% of the streetwall of a building must be built to the
minimum required front setback for the height of the streetwall.
Ground Floor Commercial Uses
2.
Buildings are required to have ground floor commercial uses on the first
storey where any portion of the lot aligns with the area identified as "Required
Ground Floor Commercial" on Schedule 3 of this By-law.
3.
Where ground floor commercial uses are required by Subclause 2., the entire
streetwall of the first storey, excluding areas devoted to a lobby or other
shared entrances/exits for other permitted uses, must be occupied by
commercial uses. Portions of the floor area of the first storey that do not have
an exterior wall facing a street line may be occupied by uses that service the
building such as loading spaces, waste management facilities and rooms,
mechanical rooms, bike parking facilities and other similar uses.
Main Pedestrian Entrance
4.
The main pedestrian entrance to the building must be located on the main
wall facing the front lot line.
Projecting Balconies
5.
Balconies are only permitted above the second storey, to a maximum
projection of 1.5 metres from the main wall.
Loading and Parking
6.
Parking structures are not permitted to occupy any part of a main wall facing
a street line.
7.
Loading spaces, parking spaces and parking lots are not permitted in a
front yard or exterior yard.
Kingston Zoning By-Law Number 2022-62
Section 10: Mixed Use Zones - Part 1, Page 183
Planting Strip
8.
Where a lot is adjacent to a lot in a UR Zone, a Commercial Zone or an
Employment Zone, within the required rear setback, a minimum 2.0 metre
wide planting strip must be provided along the full length of the rear lot line
and must comply with Subclause 4.16.1.2.
Legally Existing Uses
9.
Residential uses that legally existed prior to the passage of this By-law are
deemed to be permitted uses and must comply with the provisions of the UR5
Zone.
(By-Law Number 2022-62; 2025-118)
10.7 Mixed Zone 2 (MU2)
10.7.1.
For the purpose of the MU2 Zone, the following definitions apply:
1.
Podium means the base component of any building that is no greater than 20
meters in height (excluding mechanical penthouses) and only includes the
first storey through sixth storeys of such building.
2.
Tower means any portion of any building that is greater than 20 metres in
height, excluding a podium, below grade building components and
mechanical penthouses.
10.7.2.
The use of any lot or building in the MU2 Zone must comply with the provisions of
Table 10.7.1.
Table 10.7.1. - MU2 Provisions
Zoning Provision
All permitted uses
1. Minimum lot area (square metres)
--
2. Minimum lot frontage (metres)
--
3. Minimum streetwall height (metres)
10.5
4. Minimum floor to floor height of first
storey (metres)
4.5
5. Maximum height
The lesser of:
(a) 50 metres
(b) 15 storeys
6. Minimum front setback (metres)
3.0
7. Minimum rear setback (metres)
10.0
8. Minimum exterior setback (metres)
3.0
9. Minimum interior setback (metres)
3.0
Kingston Zoning By-Law Number 2022-62
Section 10: Mixed Use Zones - Part 1, Page 184
10. Minimum stepbacks (metres)
(a) Front lot line and exterior
lot line:
i. storey 5 to 6: minimum 3.0
metres from the exterior wall
of the 4th storey
11. Minimum landscaped open space
15%
12. Maximum lot coverage
55%
13. Maximum residential density
300 dwelling units per net
hectare
Additional Provisions for Lots Zoned MU2
10.7.3.
In addition to the provisions of Table 10.7.1., uses in the MU2 Zone must comply
with the following provisions:
Front Setback of Streetwall
1.
A minimum of 75% of the streetwall of a building must be built to the
minimum required front setback for the height of the streetwall.
Ground Floor Commercial Uses
2.
Buildings are required to have ground floor commercial uses on the first
storey where any portion of the lot aligns with the area identified as
"Required Ground Floor Commercial" on Schedule 3 of this By-law.
3.
Where ground floor commercial uses are required by Subclause 2., the entire
streetwall of the first storey, excluding areas devoted to a lobby or other
shared entrances/exits for other permitted uses, must be occupied by
commercial uses. Portions of the floor area of the first storey that do not
have an exterior wall facing a street line may be occupied by uses that
service the building such as loading spaces, waste management facilities
and rooms, mechanical rooms, bike parking facilities and other similar uses.
Main Pedestrian Entrance
4.
The main pedestrian entrance to the building must be located on the main
wall facing the front lot line.
Projecting Balconies
5.
Balconies are only permitted above the second storey, to a maximum
projection of 1.5 metres from the main wall.
Kingston Zoning By-Law Number 2022-62
Section 10: Mixed Use Zones - Part 1, Page 185
Loading and Parking
6.
Parking structures are not permitted to occupy any part of a main wall
facing a street line.
7.
Loading spaces, parking spaces and parking lots are not permitted in a
front yard or exterior yard.
Tower Conditions
8.
The maximum floor plate of a tower is 800 square metres. Tower floor plate
includes all areas enclosed within exterior walls, including hallways,
elevators, stairs, mechanical shafts, and all similar components.
9.
The minimum separation distance between a tower and another tower is
25.0 metres.
10.
The minimum setback from a tower to a lot line shared with an adjacent
property is 12.5 metres.
11.
Despite Subclause 10., where an adjacent property has already been
developed with a tower, the tower is permitted to be located closer than 12.5
metres to the lot line shared with that adjacent property so long as the 25.0
metre tower separation distance is maintained.
12.
The minimum setback from a tower to the exterior wall of the podium is 2.0
metres.
Planting Strip
13.
Where a lot is adjacent to a lot in a UR Zone, a Commercial Zone or an
Employment Zone, within the required rear setback, a minimum 2.0 metre
wide planting strip must be provided along the full length of the rear lot line
and must comply with Subclause 4.16.1.2.
Legally Existing Uses
14.
Residential uses that legally existed prior to the passage of this By-law are
deemed to be permitted uses and must comply with the provisions of the
UR5 Zone.
15.
Commercial uses that legally existed prior to the passage of this By-law are
deemed to be permitted uses and must comply with the provisions of the CN
Zone.
(By-Law Number 2022-62; 2025-118)
Kingston Zoning By-Law Number 2022-62
Section 10: Mixed Use Zones - Part 1, Page 186
10.8 Mixed Zone (MU3)
10.8.1.
The use of any lot or building in the MU3 Zone must comply with the
provisions of Table 10.8.1.
Table 10.8.1. - MU3 Provisions
Zoning Provision
All permitted uses
1. Minimum lot area (square metres)
--
2. Minimum lot frontage (metres)
--
3. Minimum height (storeys)
2
4. Maximum height
The lesser of:
a) 4 storeys
b) 12.5 metres
5. Minimum front setback (metres)
3.0
6. Minimum rear setback (metres)
8.0
7. Minimum exterior setback (metres)
3.0
8. Minimum interior setback (metres)
a) non-residential buildings: equal
to half the height of the building
b) residential buildings up to 3
storeys: 1.2 metres
c) each additional storey above 3:
1.2 metres
d) Despite (b) and (c), for
townhouses, where a common
party wall is located along a lot
line: 0 metres
9. Minimum landscaped open space
30%
10. Maximum lot coverage
45%
11. Maximum residential density
90 dwelling units per net hectare
Additional Provisions for Lots Zoned MU3
10.8.2.
In addition to the provisions of Table 10.8.1., uses in the MU3 Zone must comply
with the following provisions:
Front Setback of Streetwall
1.
A minimum of 75% of the streetwall of a building must be built to the
minimum required front setback for the height of the streetwall.
Kingston Zoning By-Law Number 2022-62
Section 10: Mixed Use Zones - Part 1, Page 187
Loading and Parking
2.
Loading spaces, parking spaces and parking lots are not permitted in a
front yard or exterior yard.
Planting Strip
3.
Within the required rear setback, a minimum 2.0 metre wide planting strip
must be provided along the full length of the rear lot line and must comply
with Subclause 4.16.1.2.
Legally Existing Uses
4.
Residential uses that legally existed prior to the passage of this By-law are
deemed to be permitted uses and must comply with the provisions of the UR5
Zone.
(By-Law Number 2022-62; 2025-118)
Kingston Zoning By-Law Number 2022-62
Section 11: Urban Residential Zones - Part 1, Page 188
Section 11: Urban Residential Zones
11.1.
All Urban Residential Zones
11.1.1.
For the purposes of this By-law, Urban Residential Zones include Urban Residential
Zone 1 (UR1), Urban Residential Zone 2 (UR2), Urban Residential Zone 3 (UR3),
Urban Residential Zone 4 (UR4), Urban Residential Zone 5 (UR5), Urban Residential
Zone 6 (UR6), Urban Residential Zone 7 (UR7), Urban Residential Zone 8 (UR8), and
Urban Residential Zone 9 (UR9).
11.1.2.
Uses permitted in Urban Residential Zones are limited to the uses identified in Table
11.1.2., and are denoted by the symbol "-" in the column applicable to each Zone
and corresponding with the row for a specific permitted use. Where the symbol "--
" is identified in the table, the use is not permitted.
11.1.3.
Where a permitted use includes a reference number in superscript beside the "-"
symbol in Table 11.1.2., the following provisions apply:
1.
Is only permitted on a lot that has a front lot line and/or exterior lot line on
a Collector Road or Arterial Road in accordance with the street type identified
in Schedule 4.
(By-Law Number 2022-62; 2024-332)
Table 11.1.2. - Permitted Uses in the Urban Residential Zones
Use
UR1
UR2
UR3
UR4
UR5
UR6
UR7
UR8
UR9
Residential
house
-
-
-
-
-
-
-
-
-
semi-detached
house
-
-
-
-
-
-
-
-
-
townhouse
-
-
-
-
-
-
-
-
-
Non-Residential
community centre
-
-
-
-
-
-
-
-
-
elementary school
-
-
-
-
-
-
-
-
-
library
-
-
-
-
-
-
-
-
-
museum
-
-
-
-
-
-
-
-
-
place of worship
-
-
-
-
-
-
-
-
-
secondary school
-1
-1
-1
-1
-1
-1
-1
-1
-1
(By-Law Number 2022-62; 2024-332)
Kingston Zoning By-Law Number 2022-62
Section 11: Urban Residential Zones - Part 1, Page 189
11.2.
Urban Residential Zone 1 (UR1)
11.2.1.
The use of any lot or building in the UR1 Zone must comply with the provisions of
Table 11.2.1.
Table 11.2.1. - UR1 Provisions
Zoning Provision
House, semi-detached house
and townhouse
non-residential buildings
1. Minimum lot area
(square metres)
--
--
2. Minimum lot
frontage (metres)
(a) house: 10.0
(b) semi-detached house: 9.0
per lot
(c) townhouse: 6.0 per lot
10.0
3. Maximum height
(metres)
(a) flat roof: 9.0
(b) all other: 10.7
(a) flat roof: 9.0
(b) all other: 10.7
4. Minimum front
setback (metres)
6.0
6.0
5. Minimum rear
setback (metres)
6.75
equal to the height of the rear
wall
6. Minimum exterior
setback (metres)
6.0
6.0
7. Minimum interior
setback (metres)
(a) 1.2 metres
(b) Despite (a), where a common
party wall is located along a lot
line: 0 metres
3.0 metres plus 0.3 metres for
each additional 0.6 metres in
height above 4.6 metres
8. Minimum aggregate
of interior setbacks
--
--
9. Minimum
landscaped open
space
30%
30%
10. Maximum lot
coverage
--
--
11. Maximum number
of principal buildings
per lot
1.0
--
Kingston Zoning By-Law Number 2022-62
Section 11: Urban Residential Zones - Part 1, Page 190
Zoning Provision
House, semi-detached house
and townhouse
non-residential buildings
12. Maximum building
depth (metres)
--
--
13. Maximum number
of dwelling units per
lot including accessory
houses
4.0
--
(By-Law Number 2022-62; 2024-332; 2024-333)
Kingston Zoning By-Law Number 2022-62
Section 11: Urban Residential Zones - Part 1, Page 191
11.3.
Urban Residential Zone 2 (UR2)
11.3.1.
The use of any lot or building in the UR2 Zone must comply with the provisions of
Table 11.3.1.
Table 11.3.1. - UR2 Provisions
Zoning Provision
house, semi-detached house and
townhouse
non-residential
buildings
1. Minimum lot area (square
metres)
--
--
2. Minimum lot frontage
(metres)
(a) house: 12.0
(b) semi-detached house: 9.0 per lot
(c) townhouse: 6.0 per lot
12.0
3. Maximum height (metres)
(a) flat roof: 9.0
(b) all other: 10.7
(a) flat roof: 9.0
(b) all other: 10.7
4. Minimum front setback
(metres)
6.0
6.0
5. Minimum rear setback
(metres)
7.5
equal to the height of
the rear wall
6. Minimum exterior
setback (metres)
6.0
6.0
7. Minimum interior
setback (metres)
(a) 1.2 metres
(b) Despite (a), where a common party
wall is located along a lot line: 0
metres
3.0 metres plus 0.3
metres for each
additional 0.6 metres
in height above 4.6
metres
8. Minimum aggregate of
interior setbacks
--
--
9. Minimum landscaped
open space
30%
30%
10. Maximum lot coverage
--
--
11. Maximum number of
principal buildings per lot
1.0
--
12. Maximum building
depth (metres)
--
--
Kingston Zoning By-Law Number 2022-62
Section 11: Urban Residential Zones - Part 1, Page 192
Zoning Provision
house, semi-detached house and
townhouse
non-residential
buildings
13. Maximum number of
dwelling units per lot
including accessory houses
4.0
--
(By-Law Number 2022-62; 2024-332; 2024-333)
Additional Provisions for Lots Zoned UR2
11.3.2.
In addition to the provisions of Table 11.3.1., the use of any lot or building in the
UR2 Zone must comply with the following provisions:
1.
Where a lot was vacant or was created through a plan of subdivision under the
Planning Act or a description under the Condominium Act, 1998 following the
date of passing of this By-law, development must comply with the following
provisions:
(a)
Despite the minimum front setback listed in Table 11.3.1., the minimum
front setback is 3.0 metres; and
(b) Despite the minimum lot frontage listed in Table 11.3.1., the minimum
lot frontage for a corner lot is:
(i)
10.3 metres for a house;
(ii) 8.8 metres per lot for a semi-detached house; and
(iii) 8.6 metres per lot for a townhouse.
(By-Law Number 2022-62; 2024-332)
Kingston Zoning By-Law Number 2022-62
Section 11: Urban Residential Zones - Part 1, Page 193
11.4.
Urban Residential Zone 3 (UR3)
11.4.1.
The use of any lot or building in the UR3 Zone must comply with the provisions of
Table 11.4.1.
Table 11.4.1. - UR3 Provisions
Zoning Provision
house, semi-detached house and
townhouse
non-residential buildings
1. Minimum lot area
(square metres)
--
--
2. Minimum lot
frontage (metres)
(a) house: 9.0
(b) semi-detached house: 7.5 per lot
(c) townhouse: 6.0 per lot
9.0
3. Maximum height
(metres)
(a) flat roof: 9.0
(b) all other: 10.7
(a) flat roof: 9.0
(b) all other: 10.7
4. Minimum front
setback (metres)
(a) Where 2 adjacent buildings have a
front lot line on the same street: the
greater of 3.0 metres or the average
front setbacks of adjacent buildings
(b) Where 1 adjacent building has a
front lot line on the same street: the
greater of 3.0 metres or the front
setback of adjacent building
(c) Where no adjacent buildings have
a front lot line on the same street: 3.0
metres
6.0
5. Minimum rear
setback (metres)
6.0
equal to the height of the
rear wall
6. Minimum exterior
setback (metres)
2.4
2.4
7. Minimum interior
setback (metres)
(a) 1.2 metres on one side and 0.6
metres on the other side
(b) Despite (a), where a common party
wall is located along a lot line: 0
metres
3.0 metres plus 0.3 metres
for each additional 0.6
metres in height above 4.6
metres
8. Minimum aggregate
of interior setbacks
--
--
Kingston Zoning By-Law Number 2022-62
Section 11: Urban Residential Zones - Part 1, Page 194
Zoning Provision
house, semi-detached house and
townhouse
non-residential buildings
9. Minimum
landscaped open
space
30%
30%
10. Maximum lot
coverage
--
--
11. Maximum number
of principal buildings
per lot
1.0
--
12. Maximum building
depth
--
--
13. Maximum number
of dwelling units per
lot including accessory
houses
4.0
--
(By-Law Number 2022-62; 2024-332; 2024-333)
Kingston Zoning By-Law Number 2022-62
Section 11: Urban Residential Zones - Part 1, Page 195
Additional Provisions for Lots Zoned UR3
11.4.2.
In addition to the provisions of Table 11.4.1., the use of any lot or building in the
UR3 Zone must comply with the following provisions:
1.
Where a lot was vacant or was created through a plan of subdivision under the
Planning Act or a description under the Condominium Act, 1998 following the
date of passing of this By-law, development must comply with the following
provisions:
(a)
Despite the minimum front setback listed in Table 11.4.1., the minimum
front setback is 3.0 metres; and
(b) Despite the minimum lot frontage listed in Table 11.4.1., the minimum
lot frontage for a corner lot is:
(i)
10.3 metres for a house;
(ii) 8.8 metres per lot for a semi-detached house; and
(iii) 8.6 metres per lot for a townhouse.
(By-Law Number 2022-62; 2024-332)
Kingston Zoning By-Law Number 2022-62
Section 11: Urban Residential Zones - Part 1, Page 196
11.5.
Urban Residential Zone 4 (UR4)
11.5.1.
Despite the provisions of Section 3, the following definitions apply to lots in the UR4
Zone:
1.
Finished Grade means the average elevation of the undisturbed ground,
measured at the two points where the required front setback meets the side
lot lines.
2.
Height, when used with reference to a building, means the vertical distance
between the finished grade and the highest point of the building, exclusive
of any accessory or auxiliary roof construction, such as an antenna, a chimney,
a ventilation duct, an elevator or service penthouse, or a steeple.
3.
Lot Coverage means the percentage of the lot area covered by buildings,
excluding the following:
(a)
unenclosed steps and porches;
(b) patios;
(c)
decks; and
(d) balconies, bay windows, canopies and overhanging eaves which are 2.0
metres or more in height above the finished grade.
11.5.2.
The use of any lot or building in the UR4 Zone must comply with the provisions of
Table 11.5.1.
Table 11.5.1. - UR4 Provisions
Zoning Provision
house, semi-detached house and
townhouse
non-residential building
1. Minimum lot area
(square metres)
(a) house: 557.4
(b) semi-detached house: 350.0 per
lot
(c) townhouse: 270.0 per lot
557.4
2. Minimum lot
frontage (metres)
(a) house: 16.7
(b) semi-detached house: 10.0 per lot
(c) townhouse: 8.0 per lot
16.7
3. Maximum height
(metres)
(a) flat roof: 9.0
(b) all other roof types: 10.7
(a) flat roof: 9.0
(b) all other roof types: 10.7
Kingston Zoning By-Law Number 2022-62
Section 11: Urban Residential Zones - Part 1, Page 197
Zoning Provision
house, semi-detached house and
townhouse
non-residential building
4. Minimum front
setback (metres)
6.1
6.1
5. Minimum rear
setback (metres)
7.6
equal to the height of the
rear wall
6. Minimum exterior
setback (metres)
6.1
6.1
7. Minimum interior
setback (metres)
(a) where there is an attached private
garage: 1.22 metres
(b) where there is no attached private
garage: 2.44 metres on one side and
1.22 metres on the other side
(c) Despite (a) and (b), where a
common party wall is located along a
lot line: 0 metres from the lot line
with the common party wall and 1.22
metres from the other interior lot line
3.0 metres plus 0.3 metres
for each additional 0.6
metres in height above 4.6
metres
8. Minimum aggregate
of interior setbacks
--
--
9. Minimum
landscaped open
space
30%
30%
10. Maximum lot
coverage
30%
30%
11. Maximum number
of principal buildings
per lot
1.0
1.0
12. Maximum
building depth
--
--
13. Maximum number
of dwelling units per
lot including
accessory houses
4.0
--
(By-Law Number 2022-62; 2024-332; 2024-333)
Kingston Zoning By-Law Number 2022-62
Section 11: Urban Residential Zones - Part 1, Page 198
11.6.
Urban Residential Zone 5 (UR5)
11.6.1.
The use of any lot or building in the UR5 Zone must comply with the provisions of
Table 11.6.1.
Table 11.6.1. - UR5 Provisions
Zoning Provision
house, semi-detached house and
townhouse
non-residential uses
1. Minimum lot area
(square metres)
(a) house: 370.0
(b) semi-detached house: 330.0 per lot
(c) townhouse: 295.0 per lot
370.0
2. Minimum lot
frontage (metres)
(a) house: 10.0
(b) semi-detached house: 9.0 per lot
(c) townhouse: 8.0 per lot
10.0
3. Maximum height
(a) flat roof: lesser of 9.0 metres or 3
storeys
(b) all other: lesser of 10.7 metres or 3
storeys
(a) flat roof: lesser of
9.0 metres or 3
storeys
(b) all other: lesser of
10.7 metres or 3
storeys
4. Minimum front
setback (metres)
(a) Where 2 adjacent buildings have a front
lot line on the same street: the lesser of 4.5
metres or the average front setbacks of
adjacent buildings
(b) Where 1 adjacent building has a front
lot line on the same street: the lesser of 4.5
metres or the average of 4.5 metres and the
front setback of adjacent building
(c) Where no adjacent buildings have a
front lot line on the same street: 4.5
metres
(d) Despite (a), (b) and (c), where a building
existed as of the date of passing of this By-
law and the front setback is less than
required, the minimum front setback for
the existing building and any further
development that enlarges or alters the
building is the existing front setback
(a) 4.5
(b) Despite (a), where
a building existed as
of the date of passing
of this By-law and the
front setback is less
than 4.5 metres, the
minimum front
setback for the
existing building and
any further
development that
enlarges or alters the
building is the
existing front
setback
Kingston Zoning By-Law Number 2022-62
Section 11: Urban Residential Zones - Part 1, Page 199
Zoning Provision
house, semi-detached house and
townhouse
non-residential uses
5. Minimum rear
setback (metres)
--
equal to the height
of the rear wall
6. Minimum exterior
setback (metres)
(a) Where 1 adjacent building has a front
lot line on the same street: the lesser of 4.5
metres or the average of 4.5 metres and the
front setback of adjacent building
(b) Where no adjacent buildings have a
front lot line on the same street: 4.5
metres
(c) Despite (a) and (b), where a building
existed as of the date of passing of this By-
law and the exterior setback is less than
required, the minimum exterior setback for
the existing building and any further
development that enlarges or alters the
building is the existing exterior setback
(a) 4.5
(b) Despite (a), where
a building existed as
of the date of passing
of this By-law and the
exterior setback is
less than 4.5 metres,
the minimum
exterior setback for
the existing building
and any further
development that
enlarges or alters the
building is the
existing exterior
setback
7. Minimum interior
setback (metres)
(a) house: 0.6
(b) semi-detached house and townhouse:
where a common party wall is located along
a lot line: 0 metres from the lot line with
the common party wall and 1.2 metres from
the other interior lot line
3.0 metres plus 0.3
metres for each
additional 0.6 metres
in height above 4.6
metres
8. Minimum
aggregate of interior
setbacks
(a) house: 3.2
(b) semi-detached house and townhouse:
--
--
9. Minimum
landscaped open
space
30%
30%
10. Maximum lot
coverage
--
--
11. Maximum
number of principal
buildings per lot
1.0
--
Kingston Zoning By-Law Number 2022-62
Section 11: Urban Residential Zones - Part 1, Page 200
Zoning Provision
house, semi-detached house and
townhouse
non-residential uses
12. Maximum
building depth
(metres)
(a) 18.0
(b) Despite (a), the rear wall of the
principal building must not be closer than
7.5 metres to the rear lot line
--
13. Maximum
number of dwelling
units per lot
including accessory
houses
4.0
--
(By-Law Number 2022-62; 2024-332; 2024-333)
Kingston Zoning By-Law Number 2022-62
Section 11: Urban Residential Zones - Part 1, Page 201
11.7.
Urban Residential Zone 6 (UR6)
11.7.1.
The use of any lot or building in the UR6 Zone must comply with the provisions of
Table 11.7.1.
Table 11.7.1. - UR6 Provisions
Zoning Provision
House, semi-detached house
and townhouse
non-residential uses
1. Minimum lot area
(square metres)
(a) house: 465.0
(b) semi-detached house:
280.0 per lot
(c) townhouse: 250.0 per lot
465.0
2. Minimum lot frontage
(metres)
(a) house: 15.0
(b) semi-detached house: 9.0
per lot
(c) townhouse: 8.0 per lot
15.0
3. Maximum height
(a) flat roof: lesser of 9.0
metres or 3 storeys
(b) all other: lesser of 10.7
metres or 3 storeys
(a) flat roof: lesser of 9.0
metres or 3 storeys
(b) all other: lesser of 10.7
metres or 3 storeys
4. Minimum front setback
(metres)
(a) Where 2 adjacent
buildings have a front lot
line on the same street: the
lesser of 4.5 metres or the
average front setbacks of
adjacent buildings
(b) Where 1 adjacent building
has a front lot line on the
same street: the lesser of 4.5
metres or the average of 4.5
metres and the front setback
of adjacent building
(c) Where no adjacent
buildings have a front lot
line on the same street: 4.5
metres
(d) Despite (a), (b) and (c),
where a building existed as of
the date of passing of this By-
(a) 4.5
(b) Despite (a), where a
building existed as of the
date of passing of this By-law
and the front setback is less
than 4.5 metres, the minimum
front setback for the existing
building and any further
development that enlarges
or alters the building is the
existing front setback
Kingston Zoning By-Law Number 2022-62
Section 11: Urban Residential Zones - Part 1, Page 202
Zoning Provision
House, semi-detached house
and townhouse
non-residential uses
law and the front setback is
less than required, the
minimum front setback for
the existing building and any
further development that
enlarges or alters the building
is the existing front setback
5. Minimum rear setback
(metres)
--
equal to the height of the
rear wall
6. Minimum exterior
setback (metres)
(a) Where 1 adjacent building
has a front lot line on the
same street: the lesser of 4.5
metres or the average of 4.5
metres and the front setback
of adjacent building
(b) Where no adjacent
buildings have a front lot
line on the same street: 4.5
metres
(c) Despite (a) and (b), where a
building existed as of the
date of passing of this By-law
and the exterior setback is
less than required, the
minimum exterior setback for
the existing building and any
further development that
enlarges or alters the building
is the existing exterior
setback
a) 4.5
(b) Despite (a), where a
building existed as of the
date of passing of this By-law
and the exterior setback is
less than 4.5 metres, the
minimum exterior setback
for the existing building and
any further development
that enlarges or alters the
building is the existing
exterior setback
7. Minimum interior
setback (metres)
(a) house: 0.6
(b) semi-detached house and
townhouse: where a common
party wall is located along a
lot line: 0 metres from the lot
line with the common party
3.0 metres plus 0.3 metres for
each additional 0.6 metres in
height above 4.6 metres
Kingston Zoning By-Law Number 2022-62
Section 11: Urban Residential Zones - Part 1, Page 203
Zoning Provision
House, semi-detached house
and townhouse
non-residential uses
wall and 1.2 metres from the
other interior lot line
8. Minimum aggregate of
interior setbacks
(a) house: 3.0
(b) semi-detached house and
townhouse: --
--
9. Minimum landscaped
open space
30%
30%
10. Maximum lot
coverage
--
--
11. Maximum number of
principal buildings per
lot
1.0
--
12. Maximum building
depth (metres)
(a) 18.0
(b) Despite (a), the rear wall of
the principal building must
not be closer than 7.5 metres
to the rear lot line
--
13. Maximum number of
dwelling units per lot
including accessory
houses
4.0
--
(By-Law Number 2022-62; 2024-332; 2024-333)
11.8.
Urban Residential Zone 7 (UR7)
11.8.1.
The use of any lot or building in the UR7 Zone must comply with the provisions of
Table 11.8.1.
Table 11.8.1. - UR7 Provisions
Zoning Provision
house, semi-detached house and
townhouse
non-residential uses
1. Minimum lot area
(square metres)
(a) house: 555.0
(b) semi-detached house: 330.0 per lot
(c) townhouse: 295.0 per lot
555.0
Kingston Zoning By-Law Number 2022-62
Section 11: Urban Residential Zones - Part 1, Page 204
Zoning Provision
house, semi-detached house and
townhouse
non-residential uses
2. Minimum lot
frontage (metres)
(a) house: 15.0
(b) semi-detached house: 9.0 per lot
(c) townhouse: 8.0 per lot
(a) corner lot: 16.5
(b) all other lots: 15.0
3. Maximum height
(a) flat roof: lesser of 9.0 metres or 3
storeys
(b) all other: lesser of 10.7 metres or 3
storeys
(a) flat roof: lesser of
9.0 metres or 3 storeys
(b) all other: lesser of
10.7 metres or 3 storeys
4. Minimum front
setback (metres)
(a) 7.5
(b) Despite (a), where a building existed
as of the date of passing of this By-law
and the front setback is less than 7.5
metres, the minimum front setback for
the existing building and any further
development that enlarges or alters the
building is the existing front setback
(a) 7.5
(b) Despite (a), where a
building existed as of
the date of passing of
this By-law and the
front setback is less
than 7.5 metres, the
minimum front setback
for the existing building
and any further
development that
enlarges or alters the
building is the existing
front setback
5. Minimum rear
setback (metres)
--
equal to the height of
the rear wall
6. Minimum exterior
setback (metres)
(a) 7.5
(b) Despite (a), where a building existed
as of the date of passing of this By-law
and the exterior setback is less than 7.5
metres, the minimum exterior setback
for the existing building and any further
development that enlarges or alters the
building is the existing exterior
setback
(a) 7.5
(b) Despite (a), where a
building existed as of
the date of passing of
this By-law and the
exterior setback is less
than 7.5 metres, the
minimum exterior
setback for the existing
building and any
further development
that enlarges or alters
the building is the
Kingston Zoning By-Law Number 2022-62
Section 11: Urban Residential Zones - Part 1, Page 205
Zoning Provision
house, semi-detached house and
townhouse
non-residential uses
existing exterior
setback
7. Minimum interior
setback (metres)
(a) house: 1.2
(b) semi-detached house and
townhouse: where a common party wall
is located along a lot line: 0 metres from
the lot line with the common party wall
and 1.2 metres from the other interior
lot line
3.0 metres plus 0.3
metres for each
additional 0.6 metres in
height above 4.6 metres
8. Minimum aggregate
of interior setbacks
(a) house: 3.0
(b) semi-detached house and
townhouse: --
--
9. Minimum
landscaped open
space
30%
30%
10. Maximum lot
coverage
--
--
11. Maximum number
of principal buildings
per lot
1.0
--
12. Maximum building
depth (metres)
(a) 18.0
(b) Despite (a), the rear wall of the
principal building must not be closer
than 7.5 metres to the rear lot line
--
13. Maximum number
of dwelling units per
lot including
accessory houses
4.0
--
(By-Law Number 2022-62; 2024-332; 2024-333)
Kingston Zoning By-Law Number 2022-62
Section 11: Urban Residential Zones - Part 1, Page 206
11.9.
Urban Residential Zone 8 (UR8)
11.9.1.
The use of any lot or building in the UR8 Zone must comply with the provisions of
Table 11.9.1.
Table 11.9.1. - UR8 Provisions
Zoning Provision
House, semi-detached house and
townhouse
non-residential uses
1. Minimum lot area
(square metres)
(a) house: 418.0
(b) semi-detached house: 275.0 per lot
(c) townhouse: 245.0 per lot
418.0
2. Minimum lot frontage
(metres)
(a) house: 13.7
(b) semi-detached house: 9.0 per lot
(c) townhouse: 8.0 per lot
(a) corner lot: 16.5
(b) all other lots: 13.7
3. Maximum height
(a) flat roof: lesser of 9.0 metres or 3
storeys
(b) all other: lesser of 10.7 metres or 3
storeys
(a) flat roof: lesser of
9.0 metres or 3
storeys
(b) all other: lesser of
10.7 metres or 3
storeys
4. Minimum front setback
(metres)
(a) 6.0
(b) Despite (a), where a building
existed as of the date of passing of this
By-law and the front setback is less
than 6.0 metres, the minimum front
setback for the existing building and
any further development that enlarges
or alters the building is the existing
front setback
(a) 6.0
(b) Despite (a), where
a building existed as
of the date of passing
of this By-law and the
front setback is less
than 6.0 metres, the
minimum front
setback for the
existing building and
any further
development that
enlarges or alters the
building is the
existing front
setback
5. Minimum rear setback
(metres)
--
equal to the height
of the rear wall
11.9.1. The use of any lot or building in the UR8 Zone must comply with the provisions of Table 11.9.1.
Kingston Zoning By-Law Number 2022-62
Section 11: Urban Residential Zones - Part 1, Page 207
Zoning Provision
House, semi-detached house and
townhouse
non-residential uses
6. Minimum exterior
setback (metres)
(a) 6.0
(b) Despite (a), where a building
existed as of the date of passing of this
By-law and the exterior setback is less
than 6.0 metres, the minimum exterior
setback for the existing building and
any further development that enlarges
or alters the building is the existing
exterior setback
(a) 6.0
(b) Despite (a), where
a building existed as
of the date of passing
of this By-law and the
exterior setback is
less than 6.0 metres,
the minimum
exterior setback for
the existing building
and any further
development that
enlarges or alters the
building is the
existing exterior
setback
7. Minimum interior
setback (metres)
(a) house: 1.2
(b) semi-detached house and
townhouse: where a common party
wall is located along a lot line: 0 metres
from the lot line with the common
party wall and 1.2 metres from the
other interior lot line
3.0 metres plus 0.3
metres for each
additional 0.6 metres
in height above 4.6
metres
8. Minimum aggregate of
interior setbacks
(a) house: 3.0
(b) semi-detached house and
townhouse: --
--
9. Minimum landscaped
open space
30%
30%
10. Maximum lot coverage
--
--
11. Maximum number of
principal buildings per lot
1.0
--
12. Maximum building
depth (metres)
(a) 18.0
(b) Despite (a), the rear wall of the
principal building must not be closer
than 7.5 metres to the rear lot line
--
Kingston Zoning By-Law Number 2022-62
Section 11: Urban Residential Zones - Part 1, Page 208
Zoning Provision
House, semi-detached house and
townhouse
non-residential uses
13. Maximum number of
dwelling units per lot
including accessory houses
4.0
--
(By-Law Number 2022-62; 2024-332; 2024-333)
Kingston Zoning By-Law Number 2022-62
Section 11: Urban Residential Zones - Part 1, Page 209
11.10.
Urban Residential Zone 9 (UR9)
11.10.1. Despite the provisions of Section 3, the following definitions apply to lots in the UR9
Zone:
1.
Linked Dwelling means a house that is linked to another house by common
underground masonry footing only.
(By-Law Number 2022-62; 2024-332)
11.10.2. The use of any lot or building in the UR9 Zone must comply with the provisions of
Table 11.10.2.
Table 11.10.2. - UR9 Provisions
Zoning Provision
house, semi-detached house and
townhouse
semi-detached house,
linked dwelling
1. Minimum lot area
(square metres)
(a) house: 320.0
(b) semi-detached house: 270.0 per
lot
(c) townhouse: 240.0 per lot
320.0
2. Minimum lot frontage
(metres)
(a) house: 10.6
(b) semi-detached house: 9.0 per
lot
(c) townhouse: 8.0 per lot
(a) corner lot: 14.0
(b) other lot: 10.6
3. Maximum height
(a) flat roof: lesser of 9.0 metres or
3 storeys
(b) all other: lesser of 10.7 metres or
3 storeys
(a) flat roof: lesser of 9.0
metres or 3 storeys
(b) all other: lesser of 10.7
metres or 3 storeys
4. Minimum front
setback (metres)
6.0
6.0
5. Minimum rear setback
(metres)
6.0
equal to the height of
the rear wall
6. Minimum exterior
setback (metres)
6.0
6.0
7. Minimum interior
setback (metres)
(a) house with attached private
garage: 1.2
(b) house with no attached private
garage: 1.2 metres on one side and
2.4 metres on other side
3.0 metres plus 0.3
metres for each
additional 0.6 metres in
height above 4.6 metres
Kingston Zoning By-Law Number 2022-62
Section 11: Urban Residential Zones - Part 1, Page 210
Zoning Provision
house, semi-detached house and
townhouse
semi-detached house,
linked dwelling
(c) semi-detached house and
townhouse: where a common party
wall is located along a lot line: 0
metres from the lot line with the
common party wall and 1.2 metres
from the other interior lot line
8. Minimum aggregate of
interior setbacks
(a) house: 3.2
(b) semi-detached house and
townhouse: --
--
9. Minimum landscaped
open space
30%
30%
10. Maximum lot
coverage
--
--
11. Maximum number of
principal buildings per
lot
1.0
--
12. Maximum building
depth (metres)
--
--
13. Maximum number of
dwelling units per lot
including accessory
houses
4.0
--
(By-Law Number 2022-62; 2024-332; 2024-333)
Additional Provisions for Lots Zoned UR9
11.10.3. In addition to the provisions of Table 11.10.2., the use of any lot or building in the
UR9 Zone must comply with the following provisions:
1.
The minimum separation distance between the main walls above grade of a
linked dwelling is 1.8 metres; and
2.
Despite Clause 7.4.8., driveway widths that legally existed on a lot in the UR9
Zone as of the date of passing of this By-law are deemed to be permitted.
Kingston Zoning By-Law Number 2022-62
Section 12: Urban Multi-Residential Zones - Part 1, Page 211
Section 12: Urban Multi-Residential Zones
12.1.
All Urban Multi-Residential Zones
12.1.1.
For the purposes of this By-law, Urban Multi-Residential Zones include Urban Multi-
Residential Zone 1 (URM1), Urban Multi-Residential Zone 2 (URM2), Urban Multi-
Residential Zone 3 (URM3), Urban Multi-Residential Zone 4 (URM4), Urban Multi-
Residential Zone 5 (URM5), Urban Multi-Residential Zone 6 (URM6), Urban Multi-
Residential Zone 7 (URM7), Urban Multi-Residential Zone 8 (URM8), Urban Multi-
Residential Zone 9 (URM9), Urban Multi-Residential Zone 10 (URM10) and Urban
Multi-Residential Zone 11 (URM11).
(By-Law Number 2022-62; 2025-118)
12.1.2.
Uses permitted in Urban Multi-Residential Zones are limited to the uses identified in
Table 12.1.2., and are denoted by the symbol "-" in the column applicable to each
Zone and corresponding with the row for a specific permitted use. Where the
symbol "-- " is identified in the table, the use is not permitted in that Zone.
12.1.3.
Where a permitted use includes a reference number in superscript beside the "-"
symbol in Table 12.1.2., the following corresponding provisions apply:
1.
May only contain non-residential uses that are permitted in the CN Zone as
per Table 15.1.2., and the non-residential uses are only permitted on the first
storey.
2.
Is only permitted on a lot that has a front lot line and/or exterior lot line on
a Collector Road or Arterial Road in accordance with the street type identified
in Schedule 4.
Table 12.1.2. - Permitted Uses in the Urban Multi-Residential Zones
Use
URM1
URM2
URM3
URM4
URM5
URM6
URM7
URM8
URM9
URM10
URM11
Residential
apartment building
-
-
-
-
-
-
-
-
-
-
-
dwelling unit in a
mixed use building
--
--
--
--
--
--
--
-1
--
--
-1
house
-
--
-
-
-
--
--
--
--
--
--
semi-detached
house
-
--
--
--
--
--
--
--
--
--
--
stacked townhouse
-
-
--
--
--
--
--
-
-
-
-
townhouse
-
-
--
-
-
--
--
--
--
--
-
Kingston Zoning By-Law Number 2022-62
Section 12: Urban Multi-Residential Zones - Part 1, Page 212
Use
URM1
URM2
URM3
URM4
URM5
URM6
URM7
URM8
URM9
URM10
URM11
Non- residential
community centre
-
-
-
-
-
-
-
-
-
-
-
day care centre
-
-
-
-
-
-
-
-
-
-
-
elementary school
-
-
-
-
-
-
-
-
-
-
-
library
-
-
-
-
-
-
-
-
-
-
-
museum
-
-
-
-
-
-
-
-
-
-
-
place of worship
-
-
-
-
-
-
-
-
-
-
-
secondary school
-2
-2
-2
-2
-2
-2
-2
-2
-2
-2
-2
(By-Law Number 2022-62; 2024-332; 2025-118)
Kingston Zoning By-Law Number 2022-62
Section 12: Urban Multi-Residential Zones - Part 1, Page 213
12.2.
Urban Multi-Residential Zone 1 (URM1)
12.2.1.
The use of any lot or building in the URM1 Zone must comply with the provisions
of Table 12.2.1.
Table 12.2.1. - URM1 Provisions
Zoning Provision
semi-detached
house,
townhouse
House
apartment
building,
stacked
townhouse
all other
permitted uses
1. Minimum lot
area (square
metres)
180.0 per
dwelling unit
300.0
540.0
360.0
2. Minimum lot
frontage (metres)
7.5
10.0
18.0
12.0
3. Maximum height
(metres)
10.7
10.7
10.7
10.7
4. Minimum front
setback (metres)
The lesser of:
(a) 6.0
(b) average of
the existing
front setbacks
of the adjacent
buildings, to a
minimum of 3.0
metres
The lesser of:
(a) 6.0
(b) average of
the existing
front setbacks
of the adjacent
buildings, to a
minimum of 3.0
metres
The lesser of:
(a) 6.0
(b) average of
the existing
front setbacks
of the adjacent
buildings, to a
minimum of 3.0
metres
The lesser of:
(a) 6.0
(b) average of
the existing
front setbacks
of the adjacent
buildings, to a
minimum of 3.0
metres
5. Minimum rear
setback (metres)
The greater of:
(a) 7.5 metres
(b) 25% of the
lot depth
The greater of:
(a) 7.5 metres
(b) 25% of the
lot depth
The greater of:
(a) 7.5 metres
(b) 25% of the
lot depth
The greater of:
(a) 7.5 metres
(b) 25% of the
lot depth
6. Minimum
exterior setback
(metres)
5.0
5.0
6.0
6.0
7. Minimum interior
setback (metres)
(a) 1.8 metres
(b) where a
common party
wall is located
3.6
(a) 6.0 metres
(b) where a
common party
wall is located
3.6
Kingston Zoning By-Law Number 2022-62
Section 12: Urban Multi-Residential Zones - Part 1, Page 214
Zoning Provision
semi-detached
house,
townhouse
House
apartment
building,
stacked
townhouse
all other
permitted uses
along a lot line:
0 metres
along a lot line:
0 metres
8. Minimum
landscaped open
space
30%
30%
30%
30%
9. Maximum lot
coverage
45%
45%
45%
45%
10. Maximum
number of principal
buildings per lot
1.0
1.0
1.0
1.0
11. Minimum
aggregate of
interior setbacks
--
3.6 metres, of
which one
interior
setback must
be a minimum
of 0.6 metres
--
3.6 metres, of
which one
interior
setback must
be a minimum
of 0.6 metres
12. Maximum
number of principal
dwelling units per
lot including
accessory houses
4.0
4.0
--
--
(By-Law Number 2022-62; 2024-332; 2024-333)
Kingston Zoning By-Law Number 2022-62
Section 12: Urban Multi-Residential Zones - Part 1, Page 215
12.3.
Urban Multi-Residential Zone 2 (URM2)
12.3.1.
The use of any lot or building in the URM2 Zone must comply with the provisions
of Table 12.3.1.
Table 12.3.1. - URM2 Provisions
Zoning Provision
townhouse
apartment
building,
stacked
townhouse
all other
permitted uses
1. Minimum lot area (square
metres)
180.0 per
dwelling unit
540.0
360.0
2. Minimum lot frontage (metres)
7.5
18.0
12.0
3. Maximum height (metres)
11.0
12.5
10.7
4. Minimum front setback (metres)
The lesser of:
(a) 6.0
(b) average of
the existing
front setbacks
of the adjacent
buildings, to a
minimum of 3.0
metres
The lesser of:
(a) 6.0
(b) average of
the existing
front setbacks
of the adjacent
buildings, to a
minimum of 3.0
metres
The lesser of:
(a) 6.0
(b) average of
the existing
front setbacks
of the adjacent
buildings, to a
minimum of 3.0
metres
5. Minimum rear setback (metres)
The greater of:
(a) 7.5 metres
(b) 25% of the
lot depth
The greater of:
(a) 7.5 metres
(b) 25% of the
lot depth
The greater of:
(a) 7.5 metres
(b) 25% of the
lot depth
6. Minimum exterior setback
(metres)
5.0
6.0
6.0
7. Minimum interior setback
(metres)
(a) 1.8 metres
(b) where a
common party
wall is located
along a lot line:
0 metres
6.0
3.6
Kingston Zoning By-Law Number 2022-62
Section 12: Urban Multi-Residential Zones - Part 1, Page 216
Zoning Provision
townhouse
apartment
building,
stacked
townhouse
all other
permitted uses
8. Minimum landscaped open
space
30%
30%
30%
9. Maximum lot coverage
45%
45%
45%
10. Maximum number of principal
buildings per lot
1.0
1.0
1.0
11. Minimum aggregate of interior
setbacks
--
--
3.6 metres, of
which one
interior
setback must
be a minimum
of 0.6 metres
Kingston Zoning By-Law Number 2022-62
Section 12: Urban Multi-Residential Zones - Part 1, Page 217
12.4.
Urban Multi-Residential Zone 3 (URM3)
12.4.1.
The use of any lot or building in the URM3 Zone must comply with the provisions
of Table 12.4.1.
Table 12.4.1. - URM3 Provisions
Zoning Provision
all permitted uses
1. Minimum lot area
(square metres)
370.0
2. Minimum lot frontage
(metres)
10.0
3. Maximum height
(a) flat roof: lesser of 9.0 metres or 3 storeys
(b) all other: lesser of 10.7 metres or 3 storeys
4. Minimum front
setback (metres)
(a) Where 2 adjacent buildings have a front lot line on the
same street: the lesser of 4.5 metres or the average front
setbacks of adjacent buildings
(b) Where 1 adjacent building has a front lot line on the same
street: the lesser of 4.5 metres or the average of 4.5 metres
and the front setback of adjacent building
(c) Where no adjacent buildings have a front lot line on the
same street: 4.5 metres
(d) Despite (a), (b) and (c), where a building existed as of the
date of passing of this By-law and the front setback is less
than required, the minimum front setback for the existing
building and any further development that enlarges or alters
the building is the existing front setback
5. Minimum rear setback
(metres)
(a) residential buildings: --
(b) non-residential buildings: equal to the height of the rear
wall
6. Minimum exterior
setback (metres)
(a) Where 1 adjacent building has a front lot line on the same
street: the lesser of 4.5 metres or the average of 4.5 metres
and the front setback of adjacent building
(b) Where no adjacent buildings have a front lot line on the
same street: 4.5 metres
(c) Despite (a) and (b), where a building existed as of the date
of passing of this By-law and the exterior setback is less than
required, the minimum exterior setback for the existing
Kingston Zoning By-Law Number 2022-62
Section 12: Urban Multi-Residential Zones - Part 1, Page 218
Zoning Provision
all permitted uses
building and any further development that enlarges or alters
the building is the existing exterior setback
7. Minimum interior
setback (metres)
(a) residential buildings: 0.6
(b) non-residential buildings: 3.0 metres plus 0.3 metres for
each additional 0.6 metres in height above 4.6 metres
8. Minimum aggregate of
interior setbacks
(a) residential buildings: 3.6 metres
(b) non-residential buildings: --
9. Minimum landscaped
open space
30%
10. Maximum number of
principal buildings per
lot
(a) residential buildings: 1.0
(b) non-residential buildings: --
11. Maximum building
depth (metres)
(a) residential buildings: 18.0
(b) non-residential buildings: --
(c) Despite (a), the rear wall of the principal building must not
be closer than 7.5 metres to the rear lot line
12. Maximum number of
principal dwelling units
per lot including
accessory houses
(a) house, semi-detached house: 4.0
(b) all other: 6.0
13. Maximum density
69 dwelling units per net hectare
(By-Law Number 2022-62; 2024-332; 2024-333)
Kingston Zoning By-Law Number 2022-62
Section 12: Urban Multi-Residential Zones - Part 1, Page 219
12.5.
Urban Multi-Residential Zone 4 (URM4)
12.5.1.
The use of any lot or building in the URM4 Zone must comply with the provisions
of Table 12.5.1.
Table 12.5.1. - URM4 Provisions
Zoning Provision
all permitted uses
1. Minimum lot area (square metres)
(a) house: 335.0
(b) semi-detached house, townhouse: 270.0
per lot
2. Minimum lot frontage (metres)
18.0
3. Maximum height
--
4. Minimum front setback (metres)
7.5
5. Minimum rear setback (metres)
7.5 metres for buildings up to 5 storeys, then
additional 1.2 metres for every storey above 5
6. Minimum exterior setback (metres)
7.5
7. Minimum interior setback (metres)
(a) non-residential buildings: equal to half the
height of the building
(b) residential buildings that are 1 storey: 1.8
(c) residential buildings that are 2 storeys: 3.0
(d) residential buildings that are greater than 2
storeys: 3.0 metres plus 1.2 metres for each
additional storey above 2
(e) Despite (b), (c) and (d), for townhouses,
where a common party wall is located along a
lot line, then 0 metres
8. Minimum landscaped open space
30%
9. Maximum density
apartment building: 69 dwelling units per net
hectare
10. Maximum number of dwelling units
per lot including accessory houses
(a) house, semi-detached house, townhouse:
4.0
(b) all other permitted uses: see density
requirement above
(By-Law Number 2022-62; 2024-332; 2024-333)
Kingston Zoning By-Law Number 2022-62
Section 12: Urban Multi-Residential Zones - Part 1, Page 220
12.6.
Urban Multi-Residential Zone 5 (URM5)
12.6.1.
The use of any lot or building in the URM5 Zone must comply with the provisions
of Table 12.6.1.
Table 12.6.1. - URM5 Provisions
Zoning Provision
all permitted uses
1. Maximum height
(a) flat roof: lesser of 9.0 metres or 3 storeys
(b) all other: lesser of 10.7 metres or 3 storeys
2. Minimum front setback
(metres)
7.5
3. Minimum rear setback
(metres)
(a) residential buildings: Where parking spaces are
provided in the rear yard: 12.0
(b) residential buildings: Where parking spaces are not
provided in the rear yard: 7.5
(c) residential buildings: Despite (b), where the rear
yard is adjacent to the interior yard or a park on an
adjacent lot: 6.0
(d) non-residential buildings: equal to the height of
the rear wall
4. Minimum exterior setback
(metres)
7.5
5. Minimum interior setback
(metres)
(a) residential buildings: 3.0
(b) non-residential buildings: 3.0 metres plus 0.3
metres for each additional 0.6 metres in height above
4.6 metres
(c) Despite (a), for townhouses, where a common party
wall is located along a lot line, then 0 metres
6. Minimum landscaped open
space
30%
7. Maximum number of
principal dwelling units per
building
12.0
8. Maximum density
69 dwelling units per net hectare
9. Maximum floor space index
3.5
Kingston Zoning By-Law Number 2022-62
Section 12: Urban Multi-Residential Zones - Part 1, Page 221
Zoning Provision
all permitted uses
10. Maximum number of
principal dwelling units per lot
including accessory houses
(a) house, semi-detached house, townhouse: 4.0
(b) all other permitted uses: see density requirement
above
(By-Law Number 2022-62; 2024-332; 2024-333)
Additional Provisions for Lots Zoned URM5
12.6.2.
In addition to the provisions of Table 12.6.1., the use of any lot or building in the
URM5 Zone must comply with the following provisions:
The minimum separation distance between residential buildings on the
same lot is 4.5 metres; and
2.
The minimum separation distance between the rear wall of a building on a
lot in a URM5 Zone and the rear wall of a residential building located on a
different lot is 15.0 metres.
Kingston Zoning By-Law Number 2022-62
Section 12: Urban Multi-Residential Zones - Part 1, Page 222
12.7.
Urban Multi-Residential Zone 6 (URM6)
12.7.1.
The use of any lot or building in the URM6 Zone must comply with the provisions
of Table 12.7.1.
Table 12.7.1. - URM6 Provisions
Zoning Provision
all permitted uses
1. Minimum front setback (metres)
7.5
2. Minimum rear setback (metres)
equal to the height of the building
3. Minimum exterior setback (metres)
7.5
4. Minimum interior setback (metres)
(a) where adjacent to a house or semi-
detached house: equal to the height of the
building
(b) all other: equal to 50% of the height of
the building
5. Minimum aggregate of interior setbacks
equal to 150% of the height of the building
6. Minimum landscaped open space
30%
7. Maximum density
123 dwelling units per net hectare
8. Maximum floor space index
1.0
(By-Law Number 2022-62; 2024-332)
Additional Provisions for Lots Zoned URM6
12.7.2.
In addition to the provisions of Table 12.7.1., the use of any lot or building in the
URM6 Zone must comply with the following provisions:
Where an interior lot line is adjacent to a lot with a house or semi-detached
house a privacy fence with a minimum height of 1.8 metres must be provided.
Such privacy fence must extend from the intersection of the interior lot line
with the rear lot line to the intersection of the interior lot line with the
required front setback.
(By-Law Number 2022-62; 2024-332)
Kingston Zoning By-Law Number 2022-62
Section 12: Urban Multi-Residential Zones - Part 1, Page 223
12.8.
Urban Multi-Residential Zone 7 (URM7)
12.8.1.
The use of any lot or building in the URM7 Zone must comply with the provisions
of Table 12.8.1.
Table 12.8.1. - URM7 Provisions
Zoning Provision
all permitted uses
1. Maximum height
lesser of 13.5 metres or 4 storeys
2. Minimum front setback (metres)
(a) Where 2 adjacent buildings have a front
lot line on the same street: the greater of 2.0
metres or the average front setbacks of
adjacent buildings
(b) Where 1 adjacent building has a front lot
line on the same street: the greater of 2.0
metres or the average of 1.0 metre and the
front setback of adjacent building
(c) Where no adjacent buildings have a front
lot line on the same street: 3.5 metres
3. Minimum rear setback (metres)
7.5
4. Minimum exterior setback (metres)
3.5
5. Minimum interior setback (metres)
3.0
6. Minimum landscaped open space
30%
7. Maximum density
123 dwelling units per net hectare
8. Maximum floor space index
1.0
Kingston Zoning By-Law Number 2022-62
Section 12: Urban Multi-Residential Zones - Part 1, Page 224
12.9.
Urban Multi-Residential Zone 8 (URM8)
12.9.1.
The use of any lot or building in the URM8 Zone must comply with the provisions
of Table 12.9.1.
Table 12.9.1. - URM8 Provisions
Zoning Provision
all permitted uses
1. Minimum lot area (square metres)
apartment building, mixed use building,
stacked townhouse: 1,480.0
2. Maximum height (metres)
Lesser of 20.0 metres or 6 storeys, excluding a
basement storey
3. Minimum streetwall height (metres)
12.0
4. Minimum front setback (metres)
2.0
5. Minimum rear setback (metres)
10.0
6. Minimum exterior setback (metres)
3.0
7. Minimum interior setback (metres)
3.0
8. Minimum stepbacks (metres)
Where a main wall faces Johnson Street or Brock
Street, on storeys 5 and 6: minimum 2.0 metres
from the exterior wall of the 4th storey
9. Minimum landscaped open space
10%
10. Maximum lot coverage
55%
11. Maximum floor space index
3.2
Additional Provisions for Lots Zoned URM8
12.9.2.
In addition to the provisions of Table 12.9.1., the use of any lot or building in the
URM8 Zone must comply with the following provisions:
1.
Within the required rear setback, a minimum 2.0 metre wide planting strip
must be provided along the full length of the rear lot line and must comply
with Subclause 4.16.1.2.;
2.
Balconies are only permitted above the second storey, to a maximum
projection of 1.5 metres from the main wall;
3.
Parking spaces are prohibited in the front yard or exterior yard;
Kingston Zoning By-Law Number 2022-62
Section 12: Urban Multi-Residential Zones - Part 1, Page 225
4.
Despite Clause 1.8.5., the minimum lot area required by Table 12.9.1. must be
provided for a lot to be developed with an apartment building, a mixed use
building, or stacked townhouses; and
5.
Uses that legally existed prior to the passage of this By-law are deemed to be
permitted uses and must comply with the following provisions:
(a)
For lots in the URM8 Zone located west of Albert Street, development of
such uses must comply with the provisions of the UR5 Zone; and
(b) For lots in the URM8 Zone located east of Albert Street, development for
such uses must comply with the provisions of the URM3 Zone.
Kingston Zoning By-Law Number 2022-62
Section 12: Urban Multi-Residential Zones - Part 1, Page 226
12.10.
Urban Multi-Residential Zone 9 (URM9)
12.10.1. Despite the definitions of front lot line and rear lot line, in the URM9 Zone:
1.
Where a lot has a street line adjacent to Portsmouth Avenue and/or
Woodstone Crescent, such street lines are deemed to be a front lot line; and
2.
Where a lot line is adjacent to a street reserve, that lot line is deemed to be a
front lot line.
12.10.2. The use of any lot or building in the URM9 Zone must comply with the provisions
of Table 12.10.1.
Table 12.10.1. - URM9 Provisions
Zoning Provision
all permitted uses
1. Minimum lot area (square metres)
apartment building, stacked townhouse:
1,600.0
2. Maximum height (metres)
Lesser of 12.0 metres or 4 storeys, excluding a
basement storey
3. Minimum front setback (metres)
3.0
4. Minimum rear setback (metres)
10.0
5. Minimum exterior setback (metres)
3.0
6. Minimum interior setback (metres)
3.0
7. Minimum landscaped open space
12%
8. Maximum lot coverage
55%
9. Maximum floor space index
2.2
Additional Provisions for Lots Zoned URM9
12.10.3. In addition to the provisions of Table 12.10.1., the use of any lot or building in the
URM9 Zone must comply with the following provisions:
1.
Balconies are only permitted above the second storey, to a maximum
projection of 1.5 metres from the main wall;
2.
Parking spaces are prohibited in the front yard or exterior yard;
3.
A maximum of 1 driveway is permitted per lot;
Kingston Zoning By-Law Number 2022-62
Section 12: Urban Multi-Residential Zones - Part 1, Page 227
4.
Despite Clause 1.8.5., the minimum lot area required by Table 12.10.1. must be
provided for a lot to be developed with an apartment building or stacked
townhouses; and
5.
Uses that legally existed prior to the passage of this By-law are deemed to be
permitted uses and development of such uses must comply with the
provisions of the UR8 Zone.
Kingston Zoning By-Law Number 2022-62
Section 12: Urban Multi-Residential Zones - Part 1, Page 228
12.11.
Urban Multi-Residential Zone 10 (URM10)
12.11.1. The use of any lot or building in the URM10 Zone must comply with the provisions
of Table 12.11.1.
Table 12.11.1. - URM10 Provisions
Zoning Provision
all permitted uses
1. Minimum lot area (square metres)
apartment building, stacked townhouse: 950.0
2. Maximum height (metres)
Lesser of 12.0 metres or 4 storeys, excluding a
basement storey
3. Minimum front setback (metres)
3.0
4. Minimum rear setback (metres)
10.0
5. Minimum exterior setback (metres)
3.0
6. Minimum interior setback (metres)
3.0
7. Minimum landscaped open space
10%
8. Maximum lot coverage
55%
9. Minimum lot depth (metres)
32.0
10. Maximum floor space index
2.2
Additional Provisions for Lots Zoned URM10
12.11.2. In addition to the provisions of Table 12.11.1., the use of any lot or building in the
URM10 Zone must comply with the following provisions:
1.
Within the required rear setback, a minimum 2.0 metre wide planting strip
must be provided along the full length of the rear lot line and must comply
with Subclause 4.16.1.2.;
2.
Balconies are only permitted above the second storey, to a maximum
projection of 1.5 metres from the main wall;
3.
Parking spaces are prohibited in the front yard or exterior yard;
4.
Despite Clause 1.8.5., the minimum lot area required by Table 12.11.1. must be
provided for a lot to be developed with an apartment building or stacked
townhouses; and
Kingston Zoning By-Law Number 2022-62
Section 12: Urban Multi-Residential Zones - Part 1, Page 229
5.
Uses that legally existed prior to the passage of this By-law are deemed to be
permitted uses and development of such uses must comply with the
provisions of the UR10 Zone.
12.12.
Urban Multi-Residential Zone 11 (URM11)
12.12.1. The use of any lot or building in the URM11 Zone must comply with the provisions
of Table 12.12.1.
Table 12.12.1. - URM11 Provisions
Zoning Provision
All permitted uses
1. Minimum lot area (square metres)
--
2. Minimum lot frontage (metres)
--
3. Maximum height
The lesser of:
a) 4 storeys
b) 13.5 metres
4. Minimum front setback (metres)
4.5
5. Minimum rear setback (metres)
7.5
6. Minimum exterior setback
(metres)
4.5
7. Minimum interior setback
(metres)
1.2 metres for the first three
storeys, plus an additional 1.2
metres for the fourth storey
8. Minimum landscaped open space
30%
9. Maximum lot coverage
45%
10. Maximum residential density
90 dwelling units per net hectare
(By-Law Number 2022-62; 2025-118)
Additional Provisions for Lots Zoned URM11
12.12.2.
In addition to the provisions of Table 12.12.1., uses in the URM11 Zone must
comply with the following provisions:
1.
Loading spaces, parking spaces, except for accessible spaces, and
parking lots are not permitted in a front yard or exterior yard.
2.
Residential uses that legally existed prior to the passage of this By-law are
deemed to be permitted uses and must comply with the provisions of the
UR5 Zone."
(By-Law Number 2022-62; 2025-118)
Kingston Zoning By-Law Number 2022-62
Section 13: Heritage Zones - Part 1, Page 230
Section 13: Heritage Zones
13.1.
All Heritage Zones
13.1.1.
For the purposes of this By-law, Heritage Zones include Heritage Zone 1 - Village of
Barriefield (HCD1), Heritage Zone 2 - Market Square (HCD2), and Heritage Zone 3 -
Old Sydenham (HCD3).
13.1.2.
Uses permitted in Heritage Zones are limited to the uses identified in Table 13.1.2.,
and are denoted by the symbol "-" in the column applicable to each Zone and
corresponding with the row for a specific permitted use. Where the symbol "-- " is
identified in the table, the use is not permitted in that Zone.
13.1.3.
Where a permitted use includes a reference number in superscript beside the "-"
symbol in Table 13.1.2., the following corresponding provisions apply:
1.
Is permitted only as an accessory use to a principal use on the lot and must
be located at or above the second storey.
2.
No portion of any lot within 30 metres of the street line of Highway 15 may
be used for any purpose other than passive recreation.
Table 13.1.2. - Permitted Uses in the Heritage Zones
Use
HCD1
HCD2
HCD3
Residential
apartment building
--
--
-
dwelling unit in a mixed use building
--
-1
--
semi-detached house
-2
--
-
house
-2
--
-
stacked townhouse
--
--
--
townhouse
-2
--
-
Non-residential
animal care
--
-
--
banquet hall
--
-
--
building supply store
--
-
--
commercial parking lot
--
-
--
community centre
-2
-
-
Kingston Zoning By-Law Number 2022-62
Section 13: Heritage Zones - Part 1, Page 231
Use
HCD1
HCD2
HCD3
club
--
-
--
creativity centre
--
-
--
day care centre
--
-
--
department store
--
-
--
elementary school
-2
-
-
entertainment establishment
--
-
--
financial institution
--
-
--
fitness centre
--
-
--
grocery store
--
-
--
hotel
--
-
--
laundry store
--
-
--
library
-2
-
-
museum
-2
-
-
office
--
-
--
personal service shop
--
-
--
place of worship
-2
-
-
public market
--
-
--
recreation facility
--
-
--
repair shop
--
-
--
restaurant
--
-
--
retail store
--
-
--
training facility
--
-
--
wellness clinic
--
-
--
By-Law Number 2022-62; 2024-332)
Kingston Zoning By-Law Number 2022-62
Section 13: Heritage Zones - Part 1, Page 232
13.2.
Heritage Zone 1 - Village of Barriefield (HCD1)
13.2.1.
The following definitions apply to lots in the HCD1 Zone:
1.
Heritage Building means a building that existed as of the date of passing of
this By-law on a heritage lot;
2.
Heritage Lot means the following lots, as they existed as of the date of
passing of this By-law:
(a)
6-8, 10, 13, 14 and 16 Drummond Street;
(b) 7 and 9 George Street;
(c)
218 Green Bay Road;
(d) 228, 230, 232, 234, 236, 238, 244, 246 and 248 James Street;
(e)
202, 207, 210, 215, 217-219, 223-225, 226-228, 233, 239, 247, 249, 268
and 275 Main Street;
(f)
404, 406, 407, 412, 413, 414, 415, 419, 421 and 423 Regent Street;
(g) 2 Sharman's Lane; and
(h) 404, 406 and 412 Wellington Street; and
3.
Non-Heritage Lot means all lots in the HCD1 Zone, excluding heritage lots.
13.2.2.
The use of any lot or building in the HCD1 Zone must comply with the provisions
of Table 13.2.2.
Table 13.2.2. - HCD1 Provisions
Zoning Provision
Heritage Lot
Non-Heritage Lot
1. Minimum lot area
(square metres)
Lot area existing as of
the date of passing of this
By-law
370.0
2. Minimum lot
frontage (metres)
Lot frontage existing as
of the date of passing of
this By-law
12.0
3. Maximum height
(metres)
Height existing as of the
date of passing of this
By-law
(a) Where 2 adjacent lots with a
front lot line on the same street
are heritage lots: the lesser of 10.0
metres or the average of the height
Kingston Zoning By-Law Number 2022-62
Section 13: Heritage Zones - Part 1, Page 233
Zoning Provision
Heritage Lot
Non-Heritage Lot
of the heritage buildings on the
adjacent heritage lots
(b) For all other lots: 10.0
4. Minimum front
setback (metres)
Front setback existing as
of the date of passing of
this By-law
(a) Where 2 adjacent buildings have
a front lot line on the same street:
the lesser of 3.0 metres or the
average front setbacks of adjacent
buildings
(b) Where 1 adjacent building has a
front lot line on the same street:
the lesser of 3.0 metres or the
average of 3.0 metres and the front
setback of adjacent building
(c) Where no adjacent buildings
have a front lot line on the same
street: 3.0 metres
(d) Despite (a), (b) and (c), where a
building existed as of the date of
passing of this By-law and the front
setback is less than required, the
minimum front setback for the
existing building and any further
development that enlarges or alters
the building is the existing front
setback
5. Minimum rear
setback (metres)
Rear setback existing as
of the date of passing of
this By-law
7.0
6. Minimum exterior
setback (metres)
Exterior setback existing
as of the date of passing
of this By-law
3.0
7. Minimum interior
setback (metres)
Interior setback existing
as of the date of passing
of this By-law
(a) 1.2 metres
(b) Despite (a), where a common
party wall is located along a lot line:
0 metres
8. Minimum aggregate
of interior setbacks
Aggregate of interior
setbacks that existed as
6.0
Kingston Zoning By-Law Number 2022-62
Section 13: Heritage Zones - Part 1, Page 234
Zoning Provision
Heritage Lot
Non-Heritage Lot
of the date of passing of
this By-law
9. Minimum landscaped
open space
Landscaped open space
existing as of the date of
passing of this By-law
30%
10. Maximum lot
coverage
Lot coverage existing as
of the date of passing of
this By-law
25%
11. Maximum number of
principal buildings per
lot
1
1
12. Maximum number of
storeys
Number of storeys
existing as of the date of
passing of this By-law
2
13. Maximum number of
dwelling units per lot
including accessory
houses
4.0
4.0
(By-Law Number 2022-62; 2024-332; 2024-333)
Additional Provisions for Lots Zoned HCD1
13.2.3.
In addition to the provisions of Table 13.2.2., the use of any lot or building in the
HCD1 Zone must comply with the following provisions:
1.
The maximum height of any fence or wall in the front yard is 1.0 metre;
2.
Any portion of a lot within 30.0 metres of the street line of Highway 15 must
be maintained as landscaped open space;
3.
Buildings must be setback a minimum of 30.0 metres from the street line of
Highway 15;
4.
Parking is not permitted in the front yard of any lot; and
5.
The maximum gross floor area of a non-residential building is 275.0 square
metres.
Kingston Zoning By-Law Number 2022-62
Section 13: Heritage Zones - Part 1, Page 235
13.2.4.
An addition to a heritage building or a new building on a heritage lot must
comply with the provisions that apply to a non-heritage lot, except the maximum
height of an addition must not exceed a height that is 0.5 metres less than the
height of the heritage building.
(By-Law Number 2022-62; 2024-332)
Kingston Zoning By-Law Number 2022-62
Section 13: Heritage Zones - Part 1, Page 236
13.3.
Heritage Zone 2 - Market Square (HCD2)
13.3.1.
The use of any lot or building in the HCD2 Zone must comply with the provisions
of Table 13.3.1.
Table 13.3.1. - HCD2 Provisions
Zoning Provision
all permitted uses
1. Minimum lot area (square
metres)
--
2. Minimum lot frontage (metres)
--
3. Minimum height
See subclause 13.3.2.1.
4. Maximum height (metres)
See subclause 13.3.2.1.
5. Minimum front setback (metres)
Average of the existing front setback of immediately
adjacent buildings fronting on the same street
6. Minimum rear setback (metres)
0.0
7. Minimum exterior setback
(metres)
0.0
8. Minimum interior setback
(metres)
0.0
9. Minimum landscaped open
space
0.0
10. Minimum lot coverage
50%
11. Maximum lot coverage
100%
12. Maximum number of dwelling
units per lot
123 dwelling units per net hectare
Additional Provisions for Lots Zoned HCD2
13.3.2.
In addition to the provisions of Table 13.3.1., uses in the HCD2 Zone must comply
with the following provisions:
1.
Height provisions:
(a)
The height of buildings that existed as of the date of passing of this By-
law must not be increased;
Kingston Zoning By-Law Number 2022-62
Section 13: Heritage Zones - Part 1, Page 237
(b) The maximum height of any new building replacing a building that
existed as of the date of passing of this By-law is equal to the height of
the building that existed as of the date of passing of this By-law;
(c)
The maximum height of any new building on a lot that was vacant as of
the date of passing of this By-law is equal to the height of the tallest
building located within the same block and zoned HCD2;
(d) For buildings located on corner lots, the top of the highest projection
along the main wall must not exceed 0.5 metres above the height of the
tallest building or the height of the tallest parapet on a building located
in the same block and zoned HCD2;
(e)
For buildings located on interior lots, the top of the highest projection
along the main wall must not exceed 0.5 metres above the higher
parapet line of the two adjacent buildings;
(f)
For buildings with a flat roof, the roof line must be lower than the
parapet;
(g) The tower on the property municipally known as 200 Ontario Street is not
defined as a parapet or a roof; and
(h) The minimum height of any new building replacing a building that
existed as of the date of passing of this By-law is equal to the height of
the building that existed as of the date of passing of this By-law.
2.
Despite the provisions of Section 7:
(a)
No loading spaces are required; and
(b) Parking spaces are not permitted in the front yard.
3.
Any building erected on or before September 10, 1996 and located in the
HCD2 Zone may be converted to contain one or more dwelling units, subject
to the provisions of the HCD2 Zone, provided that:
(a)
All dwelling units must be located at or above the second storey;
(b) Expansion or enlargement of the external walls or roof of the existing
building is not permitted;
(c)
Provisions regulating minimum setbacks, amenity area and maximum
lot coverage do not apply;
(d) Drive-throughs are prohibited; and
Kingston Zoning By-Law Number 2022-62
Section 13: Heritage Zones - Part 1, Page 238
(e)
The maximum gross floor area of a grocery store is 275.0 square
metres.
Ground Floor Commercial Uses
4.
Buildings are required to have ground floor commercial uses on the first
storey where any portion of the lot aligns with the area identified as "Required
Ground Floor Commercial" on Schedule 3.
5.
Where ground floor commercial uses are required by Subclause 4., the entire
streetwall of the first storey, excluding areas devoted to a lobby or other
shared entrances/exits for other permitted uses, must be occupied by
commercial uses. Portions of the floor area of the first storey that do not have
an exterior wall facing a street line may be occupied by uses that service the
building such as loading spaces, waste management facilities and rooms,
mechanical rooms, bike parking facilities and other similar uses.
Kingston Zoning By-Law Number 2022-62
Section 13: Heritage Zones - Part 1, Page 239
13.4.
Heritage Zone 3 - Old Sydenham (HCD3)
13.4.1.
The use of any lot or building in the HCD3 Zone must comply with the provisions
of Table 13.4.1.
Table 13.4.1. - HCD3 Provisions
Zoning Provision
all permitted uses
1. Minimum lot area
(square metres)
370.0
2. Minimum lot
frontage (metres)
10.0
3. Maximum height
(a) flat roof: lesser of 9.0 metres or 3 storeys
(b) all other: lesser of 10.7 metres or 3 storeys
4. Minimum front
setback (metres)
(a) Where 2 adjacent buildings have a front lot line on the same
street: the lesser of 3.5 metres or the average front setbacks of
adjacent buildings
(b) Where 1 adjacent building has a front lot line on the same
street: the lesser of 3.5 metres or the average of 3.5 metres and the
front setback of adjacent building
(c) Where no adjacent buildings have a front lot line on the same
street: 3.5 metres
(d) Despite (a), (b) and (c), where a building existed as of the date
of passing of this By-law and the front setback is less than
required, the minimum front setback for the existing building and
any further development that enlarges or alters the building is the
existing front setback
5. Minimum rear
setback (metres)
(a) residential buildings: --
(b) non-residential buildings: equal to the height of the rear wall
6. Minimum exterior
setback (metres)
(a) Where 1 adjacent building has a front lot line on the same
street: the lesser of 3.5 metres or the average of 3.5 metres and the
front setback of adjacent building
(b) Where no adjacent buildings have a front lot line on the same
street: 3.5 metres
(c) Despite (a) and (b), where a building existed as of the date of
passing of this By-law and the exterior setback is less than
required, the minimum exterior setback for the existing building
Kingston Zoning By-Law Number 2022-62
Section 13: Heritage Zones - Part 1, Page 240
Zoning Provision
all permitted uses
and any further development that enlarges or alters the building
is the existing exterior setback
7. Minimum interior
setback (metres)
(a) semi-detached house, townhouse: 3.5, except where a
common party wall is located along a lot line, then 0 metres
(b) other residential buildings where there are openings in the
main wall facing the interior lot line: 1.2
(c) other residential buildings where there are no openings in the
main wall facing the interior lot line: 0.6
(d) non-residential buildings: 3.0 metres plus 0.3 metres for each
additional 0.6 metres in height above 4.6 metres
8. Minimum
landscaped open
space
30%
9. Maximum number
of principal
buildings per lot
(a) residential buildings: 1.0
(b) non-residential buildings: --
10. Maximum number
of principal dwelling
units per lot
(a) residential buildings: 6.0
(b) non-residential buildings: --
12. Maximum
building depth
(metres)
(a) residential buildings: 18.0
(b) non-residential buildings: --
(c) Despite (a), the rear wall of the principal building must not be
closer than 7.5 metres to the rear lot line
13. Maximum density
69 dwelling units per net hectare
14. Maximum number
of principal dwelling
units per lot
including accessory
houses
(a) house, semi-detached house, townhouse: 4.0
(b) all other permitted uses: see density requirement above
(By-Law Number 2022-62; 2024-332, 2024-333)
Additional Provisions for Lots Zoned HCD3
13.4.2.
In addition to the provisions of Table 13.4.1., uses in the HCD3 Zone must comply
with the following provisions:
Kingston Zoning By-Law Number 2022-62
Section 13: Heritage Zones - Part 1, Page 241
1.
Dormers are permitted, provided that:
(a)
The front wall of the dormer is setback a minimum of 0.4 metres from
the main wall;
(b) The side wall of the dormer is setback a minimum of 1.0 metre from the
edge of the roof on which it is located; and
(c)
The maximum cumulative length of all dormers on the same portion of a
sloped roof is the lesser of 4.6 metres or 50% of the length of the roof on
which it is located.
2.
Parking is not permitted in the front yard of any lot.
Kingston Zoning By-Law Number 2022-62
Section 14: Institutional Zones - Part 1, Page 242
Section 14: Institutional Zones
14.1.
All Institutional Zones
14.1.1.
For the purposes of this By-law, Institutional Zones include Institutional Minor Zone
(IN1), Institutional Major Zone (IN2), Correctional Facility Zone (G1) and Military
Installation Zone (G2).
14.1.2.
Uses permitted in Institutional Zones are limited to the uses identified in Table
14.1.2., and are denoted by the symbol "-" in the column applicable to each Zone
and corresponding with the row for a specific permitted use. Where the symbol "--
" is identified in the table, the use is not permitted in that Zone.
14.1.3.
Where a permitted use includes a reference number in superscript beside the "-"
symbol in Table 14.1.2., the following corresponding provisions apply:
1.
Is permitted only as an accessory use to a principal use on the lot.
2.
Dwelling units and/or co-living units are permitted only where they are
associated with a post-secondary institution.
Table 14.1.2. - Permitted Uses in the Institutional Zones
Use
IN1
IN2
G1
G2
Residential
dwelling units in a mixed use building
-1
-2
-1
-1
house
--
-2
--
--
semi-detached house
--
-2
--
--
townhouse
--
-2
--
--
apartment building
--
-2
--
-2
Non-residential
animal care
-
--
--
-
banquet hall
-
-
-
-
cemetery
-
--
--
-
community centre
-
-
-
-
correctional college
--
--
-
--
correctional institution
--
--
-
--
Kingston Zoning By-Law Number 2022-62
Section 14: Institutional Zones - Part 1, Page 243
Use
IN1
IN2
G1
G2
day care centre
-1
-1
-1
-1
hospital
--
-
--
-
institutional use
-
-
--
--
laboratory
--
-
--
--
library
-
-
-
-
military installation
--
--
--
-
museum
-
-
-
-
place of worship
-
-
-
-
post-secondary institution
--
-
--
-
recreation facility
-
-
--
-
restaurant
--
--
--
-
retail store
--
--
--
-
secondary school
-
-
-
-
special needs facility
-
-
-
-
wellness clinic
-
--
--
-
(By-Law Number 2022-62; 2024-332)
Kingston Zoning By-Law Number 2022-62
Section 14: Institutional Zones - Part 1, Page 244
14.2.
Institutional Minor Zone (IN1)
14.2.1.
The use of any lot or building in the IN1 Zone must comply with the provisions of
Table 14.2.1.
Table 14.2.1. - IN1 Provisions
Zoning Provision
all permitted uses
1. Minimum lot area (square metres)
--
2. Minimum lot frontage (metres)
--
3. Maximum height (metres)
23.0
4. Minimum front setback (metres)
6.1
5. Minimum rear setback (metres)
a) Where the rear lot line abuts a lot in a
Commercial Zone or Institutional Zone: 7.5
b) Where the rear lot line abuts a lot in all other
Zones: 10.5
6. Minimum exterior setback (metres)
7.6
7. Minimum interior setback (metres)
a) Where the interior lot line abuts a lot in a
Commercial Zone or Institutional Zone: 0.0
b) Where the interior lot line abuts a lot in all
other Zones: 6.1
8. Minimum landscaped open space
--
9. Maximum lot coverage
--
10. Maximum number of dwelling
units per lot
1.0
Kingston Zoning By-Law Number 2022-62
Section 14: Institutional Zones - Part 1, Page 245
14.3.
Institutional Major Zone (IN2)
14.3.1.
The following definitions apply to lots in the IN2 Zone:
1.
Area A means buildings that are adjacent to:
(a)
Collingwood Street between Queen's Crescent and Union Street;
(b) Union Street between Collingwood Street and Alfred Street;
(c)
Alfred Street between Union Street and Johnson Street;
(d) Johnson Street between Alfred Street and Barrie Street; or
(e)
Barrie Street between Johnson Street and Clergy Street.
2.
Area B means buildings that are adjacent to:
(a)
Barrie Street between Clergy Street and King Street;
(b) King Street between Barrie Street and Collingwood Street; and
(c)
Collingwood Street between King Street and Queen's Crescent.
3.
Area C means all other buildings in an IN2 Zone.
14.3.2.
The use of any lot or building in the IN2 Zone must comply with the provisions of
Table 14.3.2.
Table 14.3.2. - IN2 Provisions
Zoning Provision
house, semi-detached house,
townhouse
all other permitted
uses
1. Minimum lot area (square
metres)
(a) house: 370.0
(b) semi-detached house: 330.0 per
lot
(c) townhouse: 295.0 per lot
--
2. Minimum lot frontage
(metres)
(a) house: 10.0
(b) semi-detached house: 9.0 per lot
(c) townhouse: 8.0 per lot
--
3. Maximum height (metres) (a) flat roof: lesser of 9.0 metres or 3
storeys
(b) all other: lesser of 10.7 metres or 3
storeys
--
Kingston Zoning By-Law Number 2022-62
Section 14: Institutional Zones - Part 1, Page 246
Zoning Provision
house, semi-detached house,
townhouse
all other permitted
uses
4. Minimum front setback
(metres)
(a) Where 2 adjacent buildings have a
front lot line on the same street: the
lesser of 4.5 metres or the average
front setbacks of adjacent buildings
(b) Where 1 adjacent building has a
front lot line on the same street: the
lesser of 4.5 metres or the average of
4.5 metres and the front setback of
adjacent building
(c) Where no adjacent buildings have a
front lot line on the same street: 4.5
metres
(d) Despite (a), (b) and (c), where a
building existed as of the date of
passing of this By-law and the front
setback is less than required, the
minimum front setback for the
existing building and any further
development that enlarges or alters
the building is the existing front
setback
(a) Area A: 1.5 times
the height of the
building
(b) Area B: 7.5
(c) Area C: 7.5
5. Minimum rear setback
(metres)
--
(a) Area A: 1.5 times
the height of the
building
(b) Area B: 7.5
(c) Area C: the
greater of 7.5 metres
or 25% of the lot
depth
6. Minimum exterior
setback (metres)
(a) Where 1 adjacent building has a
front lot line on the same street: the
lesser of 4.5 metres or the average of
4.5 metres and the front setback of
adjacent building
(b) Where no adjacent buildings have
a front lot line on the same street: 4.5
metres
(a) Area A: 1.5 times
the height of the
building
(b) Area B: 7.5
(c) Area C: 50% of the
height of the
building
Kingston Zoning By-Law Number 2022-62
Section 14: Institutional Zones - Part 1, Page 247
Zoning Provision
house, semi-detached house,
townhouse
all other permitted
uses
(c) Despite (a) and (b), where a
building existed as of the date of
passing of this By-law and the exterior
setback is less than required, the
minimum exterior setback for the
existing building and any further
development that enlarges or alters
the building is the existing exterior
setback
7. Minimum interior
setback (metres)
(a) house: 0.6
(b) semi-detached house and
townhouse: where a common party
wall is located along a lot line: 0
metres from the lot line with the
common party wall and 1.2 metres
from the other interior lot line
(a) Area A: 1.5 times
the height of the
building
(b) Area B: 7.5
(c) Area C: 50% of the
height of the
building
8. Minimum aggregate of
interior setbacks
(a) house: 3.6
(b) semi-detached house and
townhouse: --
--
9. Minimum landscaped
open space
30%
--
10. Maximum lot coverage
--
--
11. Maximum number of
principal buildings per lot
1
--
12. Maximum building
depth (metres)
(a) 18.0
(b) Despite (a), the rear wall of the
principal building must not be closer
than 7.5 metres to the rear lot line
--
13. Maximum density of
habitation units
--
519 habitation units
per net hectare
14. Maximum number of
dwelling units per lot
including accessory houses
4.0
--
(By-Law Number 2022-62; 2024-332; 2024-333)
Kingston Zoning By-Law Number 2022-62
Section 14: Institutional Zones - Part 1, Page 248
Additional Provisions for Lots Zoned IN2
14.3.3.
In addition to the provisions of Table 14.3.2., uses in the IN2 Zone must comply with
the following provisions:
1.
Despite Clause 7.1.1., where a residential use is associated with a post-
secondary institution on a lot in an IN2 Zone, the provisions of Table 7.1.1.
do not apply;
2.
Short-term bike spaces for post-secondary institutions are exempt from
Subclause 7.3.9.3.; and
3.
Where a residential use is associated with a post-secondary institution, the
maximum number of principal buildings per lot in Table 14.3.2. do not apply.
Kingston Zoning By-Law Number 2022-62
Section 14: Institutional Zones - Part 1, Page 249
14.4.
Correctional Facility Zone (G1)
14.4.1.
The use of any lot or building in the G1 Zone must comply with the provisions of
Table 14.4.1.
Table 14.4.1. - G1 Provisions
Zoning Provision
dwelling unit in a mixed
use building
all other permitted
uses
1. Minimum lot area (square
metres)
2,050.0
--
2. Minimum lot frontage (metres)
30.0
30.0
3. Maximum height (metres)
12.0
12.0
4. Minimum front setback (metres)
6.1
6.1
5. Minimum rear setback (metres)
7.5
7.5
6. Minimum exterior setback
(metres)
6.1
6.1
7. Minimum interior setback
(metres)
a) Where the interior lot
line abuts a lot in a
Commercial Zone or
Institutional Zone: 0.0
b) Where the interior lot
line abuts a lot in all
other Zones: 7.6
a) Where the interior
lot line abuts a lot in a
Commercial Zone or
Institutional Zone: 0.0
b) Where the interior
lot line abuts a lot in all
other Zones: 7.6
8. Minimum landscaped open
space
30%
30%
9. Maximum lot coverage
--
--
10. Maximum number of dwelling
units per lot
1.0
1.0
Kingston Zoning By-Law Number 2022-62
Section 14: Institutional Zones - Part 1, Page 250
14.5.
Military Installation Zone (G2)
14.5.1.
The use of any lot or building in the G2 Zone must comply with the provisions of
Table 14.5.1.
Table 14.5.1. - G2 Provisions
Zoning Provision
dwelling unit in a mixed
use building
all other permitted
uses
1. Minimum lot area (square
metres)
2,050.0
8,000.0
2. Minimum lot frontage (metres)
30.0
90.0
3. Maximum height (metres)
12.0
23.0
4. Minimum front setback (metres)
7.5
7.5
5. Minimum rear setback (metres)
a) Where the rear lot line
abuts a lot in a
Commercial Zone or
Institutional Zone: 7.5
b) Where the rear lot line
abuts a lot in all other
Zones: 10.5
a) Where the rear lot
line abuts a lot in a
Commercial Zone or
Institutional Zone: 7.5
b) Where the rear lot
line abuts a lot in all
other Zones: 10.5
6. Minimum exterior setback
(metres)
7.5
7.5
7. Minimum interior setback
(metres)
a) Where the interior lot
line abuts a lot in a
Commercial Zone or
Institutional Zone: 0.0
b) Where the interior lot
line abuts a lot in all
other Zones: 9.0
a) Where the interior
lot line abuts a lot in a
Commercial Zone or
Institutional Zone: 0.0
b) Where the interior
lot line abuts a lot in all
other Zones: 9.0
8. Minimum landscaped open
space
30%
30%
9. Maximum lot coverage
--
--
Kingston Zoning By-Law Number 2022-62
Section 15: Commercial Zones - Part 1, Page 251
Section 15: Commercial Zones
15.1.
All Commercial Zones
15.1.1.
For the purposes of this By-law, Commercial Zones include Neighbourhood
Commercial Zone (CN), Arterial Commercial Zone (CA), District Commercial Zone
(CD), Regional Commercial Zone (CR), General Commercial Zone (CG), Marine
Commercial Zone (CW) and Harbour Zone (HB).
15.1.2.
Uses permitted in Commercial Zones are limited to the uses identified in Table
15.1.2., and are denoted by the symbol "-" in the column applicable to each Zone
and corresponding with the row for a specific permitted use. Where the symbol "--
" is identified in the table, the use is not permitted in that Zone.
15.1.3.
Where a permitted use includes a reference number in superscript beside the "-"
symbol in Table 15.1.2., the following corresponding provisions apply:
1.
Is permitted only as an accessory use to a principal use on the lot and must
be located on or above the second storey.
2.
Is permitted only as an accessory use to a principal use on the lot.
Table 15.1.2. - Permitted Uses in the Commercial Zones
Use
CN
CA
CD
CR
CG
CW
HB
Residential
dwelling unit in a mixed use building
-
--
--
--
-
-2
--
house
--
--
--
--
--
-2
--
Non-residential
agricultural sales establishment
--
-
--
--
--
--
--
animal care
--
-
-
--
-
--
--
automobile sales establishment
--
-
--
--
-
--
--
banquet hall
--
-
-
-
-
--
--
building supply store
--
-
--
-
--
--
--
carwash
--
--
--
--
-
--
--
commercial parking lot
--
--
-
-
-
--
--
community centre
-
-
-
-
-
-
--
club
--
-
-
-
-
--
--
Kingston Zoning By-Law Number 2022-62
Section 15: Commercial Zones - Part 1, Page 252
Use
CN
CA
CD
CR
CG
CW
HB
creativity centre
-
-
-
-
-
--
--
day care centre
-
-
-
-
-
--
--
department store
--
--
-
-
--
--
--
entertainment establishment
--
-
-
-
--
--
--
ferry terminal
--
--
--
--
--
--
-
financial institution
-
-
-
-
-
--
--
fitness centre
-
-
-
-
-
--
--
service station
--
-
-
-
-
--
--
grocery store
-
-
-
-
-
--
--
funeral establishment
--
-
--
--
-
--
--
garden centre
--
-
-
-
--
--
--
hotel
--
-
--
--
--
-
--
institutional use
--
--
--
--
-
--
--
laboratory
--
--
--
--
--
--
--
laundry store
-
-
-
-
-
--
--
library
-
-
-
-
-
-
--
marina
--
--
--
--
--
-
-
museum
-
-
-
-
-
-
--
office
-
-1
-
-
-
--
--
outdoor storage
--
--
--
--
--
-2
--
personal service shop
-
-
-
-
-
--
--
place of worship
-
-
-
-
-
-
--
public market
--
--
--
--
--
--
--
recreation facility
--
-
-
-
-
--
--
recreational vehicle sales establishment
--
-
--
--
-
--
--
repair shop
--
-
--
--
-
-
--
restaurant
-
-
-
-
-
-
-
retail store
-
-
-
-
-
-
-
secondary school
--
-
--
--
--
--
--
Kingston Zoning By-Law Number 2022-62
Section 15: Commercial Zones - Part 1, Page 253
Use
CN
CA
CD
CR
CG
CW
HB
special needs facility
--
-
-
--
-
--
--
training facility
--
--
-
-
-
--
--
transportation depot
--
--
--
--
--
--
--
transportation terminal
--
--
--
--
--
--
--
wellness clinic
-
-
-
-
-
--
--
wholesale establishment
--
-
--
--
--
--
--
(By-Law Number 2022-62; 2024-332)
Kingston Zoning By-Law Number 2022-62
Section 15: Commercial Zones - Part 1, Page 254
15.2.
Neighbourhood Commercial Zone (CN)
15.2.1.
The use of any lot or building in the CN Zone must comply with the provisions of
Table 15.2.1.
Table 15.2.1. - CN Provisions
Zoning Provision
all permitted uses
1. Minimum lot area (square metres)
--
2. Minimum lot frontage (metres)
--
3. Maximum height (metres)
12.0
4. Minimum front setback (metres)
--
5. Minimum rear setback (metres)
6.0
6. Minimum exterior setback (metres)
1.8
7. Minimum interior setback (metres)
0.0
8. Minimum landscaped open space
10%
9. Maximum lot coverage
--
10. Maximum number of dwelling units per lot
1
Additional Provisions for Lots Zoned CN
15.2.2.
In addition to the provisions of Table 15.2.1., uses in the CN Zone must comply with
the following provisions:
1.
The maximum permitted gross floor area of a fitness centre, financial
institution, laundry store, personal service shop, repair shop, retail store,
restaurant or grocery store is 185.0 square metres;
2.
The maximum permitted gross floor area of a building containing more than
one commercial use is 930.0 square metres;
3.
Buildings are required to have ground floor commercial uses on the first
storey where any portion of the lot aligns with the area identified as "Required
Ground Floor Commercial" on Schedule 3;
4.
Despite the maximum number of dwelling units per lot in Table 15.2.1., where
a building is required to have ground floor commercial uses, such lot is
exempt from the maximum number of dwelling units per lot if it complies
with Clause 4.4.1.; and
Kingston Zoning By-Law Number 2022-62
Section 15: Commercial Zones - Part 1, Page 255
5.
Where ground floor commercial uses are required by Subclause 3., the entire
streetwall of the first storey, excluding areas devoted to a lobby or other
shared entrances/exits for other permitted uses, must be occupied by
commercial uses. Portions of the floor area of the first storey that do not have
an exterior wall facing a street line may be occupied by uses that service the
building such as loading spaces, waste management facilities and rooms,
mechanical rooms, bike parking facilities and other similar uses.
Kingston Zoning By-Law Number 2022-62
Section 15: Commercial Zones - Part 1, Page 256
15.3.
Arterial Commercial Zone (CA)
15.3.1.
The use of any lot or building in the CA Zone must comply with the provisions of
Table 15.3.1.
Table 15.3.1. - CA Provisions
Zoning Provision
dwelling unit in a mixed
use building
all other permitted
uses
1. Minimum lot area (square
metres)
1393.0
--
2. Minimum lot frontage (metres)
--
--
3. Maximum height (metres)
13.7
13.7
4. Minimum front setback (metres)
3.0
3.0
5. Minimum rear setback (metres)
7.5
7.5
6. Minimum exterior setback
(metres)
3.1
3.1
7. Minimum interior setback
(metres)
0.01
0.01
8. Minimum landscaped open
space
20%
20%
9. Maximum lot coverage
--
--
10. Maximum number of dwelling
units per lot
1.0
--
Additional Provisions for Lots Zoned CA
15.3.2.
In addition to the provisions of Table 15.3.1., uses in the CA Zone must comply with
the following provisions:
1.
The minimum interior setback where an interior lot line abuts a Zone other
than a Commercial Zone or Institutional Zone is 6.0 metres; and
2.
Where a parking lot is adjacent to a sidewalk or walkway, a minimum 3.0
metre wide planting strip must be provided between such parking lot and
sidewalk or walkway.
Kingston Zoning By-Law Number 2022-62
Section 15: Commercial Zones - Part 1, Page 257
15.4.
District Commercial Zone (CD)
15.4.1.
The use of any lot or building in the CD Zone must comply with the provisions of
Table 15.4.1.
Table 15.4.1. - CD Provisions
Zoning Provision
all permitted uses
1. Minimum lot area (square
metres)
--
2. Minimum lot frontage (metres)
60.0
3. Maximum height (metres)
The greater of:
(a) 13.7 metres
(b) 1 storey
4. Minimum front setback (metres)
3.0
5. Minimum rear setback (metres)
15.0
6. Minimum exterior setback
(metres)
3.0
7. Minimum interior setback
(metres)
0.01
8. Minimum landscaped open
space
10%
9. Maximum lot coverage
--
10. Maximum number of dwelling
units per lot
--
Additional Provisions for Lots Zoned CD
15.4.2.
In addition to the provisions of Table 15.4.1., uses in the CD Zone must comply with
the following provisions:
1.
The minimum interior setback where an interior lot line abuts any Zone
other than a Commercial Zone is 15.0 metres; and
2.
Outdoor storage is prohibited.
Kingston Zoning By-Law Number 2022-62
Section 15: Commercial Zones - Part 1, Page 258
15.5.
Regional Commercial Zone (CR)
15.5.1.
The use of any lot or building in the CR Zone must comply with the provisions of
Table 15.5.1.
Table 15.5.1. - CR Provisions
Zoning Provision
all permitted uses
1. Minimum lot area (hectares)
14.0
2. Minimum lot frontage (metres)
60.0
3. Maximum height (metres)
--
4. Minimum front setback (metres)
3.0
5. Minimum rear setback (metres)
15.0
6. Minimum exterior setback
(metres)
3.0
7. Minimum interior setback
(metres)
15.0
8. Minimum landscaped open
space
10%2
9. Maximum lot coverage
--
10. Maximum number of dwelling
units per lot
--
Additional Provisions for Lots Zoned CR
15.5.2.
In addition to the provisions of Table 15.5.1., uses in the CR Zone must comply with
the following provisions:
1.
The minimum gross leasable area is 30,000 square metres;
2.
Where the lot is developed in phases, the required landscaped open space
must be provided on a pro rata basis with the construction of gross leasable
area; and
3.
No outdoor storage is permitted, except for the sole purpose of a garden
centre.
Kingston Zoning By-Law Number 2022-62
Section 15: Commercial Zones - Part 1, Page 259
15.6.
General Commercial Zone (CG)
15.6.1.
The use of any lot or building in the CG Zone must comply with the provisions of
Table 15.6.1.
Table 15.6.1. - CG Provisions
Zoning Provision
dwelling unit in
a mixed use
building
service
station
all other
permitted
uses
1. Minimum lot area (square metres)
1,393.6
1,161.2
464.5
2. Minimum lot frontage (metres)
30.0
30.0
30.0
3. Maximum height (metres)
10.7
10.7
10.7
4. Minimum front setback (metres)
3.1
3.1
3.1
5. Minimum rear setback (metres)
7.5
7.5
7.5
6. Minimum exterior setback (metres)
3.1
15.2
3.1
7. Minimum interior setback (metres)
0.01
9.1
0.01
8. Minimum landscaped open space
10%
5%
10%
9. Maximum lot coverage
--
20%
--
10. Maximum number of dwelling units
per lot
1.0
--
--
Additional Provisions for Lots Zoned CG
15.6.2.
In addition to the provisions of Table 15.6.1., uses in the CG Zone must comply with
the following provisions:
1.
The minimum interior setback where abutting any Zone other than a
Commercial Zone or an Institutional Zone is 3.1 metres;
2.
The maximum gross leasable area of a building containing more than one
commercial use is 2,000.0 square metres, not including any floor area which is
exclusively devoted to institutional, office or residential use; and
3.
Outdoor storage is prohibited.
Kingston Zoning By-Law Number 2022-62
Section 15: Commercial Zones - Part 1, Page 260
15.7.
Marine Commercial Zone (CW)
15.7.1.
The use of any lot or building in the CW Zone must comply with the provisions of
Table 15.7.1.
Table 15.7.1. - CW Provisions
Zoning Provision
all permitted uses
1. Minimum lot area (square metres)
560.0
2. Minimum lot frontage (metres)
23.0
3. Maximum height (metres)
10.7
4. Minimum front setback (metres)
3.0
5. Minimum rear setback (metres)
15.0
6. Minimum exterior setback (metres)
3.0
7. Minimum interior setback (metres)
0.01
8. Minimum landscaped open space
10%
9. Maximum lot coverage
40%
10. Maximum number of dwelling units per lot 1.0
(By-Law Number 2022-62; 2024-332)
Additional Provisions for Lots Zoned CW
15.7.2.
In addition to the provisions of Table 15.7.1., uses in the CW Zone must comply with
the following provisions:
1.
The minimum interior setback where an interior lot line abuts a Zone other
than a Commercial Zone is 9.0 metres; and
2.
Outdoor storage is only permitted in the rear yard, except for outdoor
storage associated with a marina, which is permitted in any yard.
Kingston Zoning By-Law Number 2022-62
Section 15: Commercial Zones - Part 1, Page 261
15.8.
Harbour Zone (HB)
15.8.1.
The use of any lot or building in the HB Zone must comply with the provisions of
Table 15.8.1.
Table 15.8.1. - HB Provisions
Zoning Provision
all permitted uses
1. Minimum lot area (square metres)
--
2. Minimum lot frontage (metres)
--
3. Maximum height (metres)
10.7
4. Minimum front setback (metres)
0.0
5. Minimum rear setback (metres)
0.0
6. Minimum exterior setback (metres)
0.0
7. Minimum interior setback (metres)
0.0
8. Minimum landscaped open space
--
9. Maximum lot coverage
50%
Additional Provisions for Lots Zoned HB
15.8.2.
In addition to the provisions of Table 15.8.1., uses in the HB Zone must comply with
the following provisions:
1.
No loading spaces are required;
2.
Despite Clause 4.23.1., the minimum separation distance from the high water
mark of a waterbody for any use or building is 10.0 metres;
3.
No outdoor storage is permitted, except for outdoor storage associated with
a marina, which is permitted in any yard;
4.
Drive-throughs are prohibited;
5.
Buildings are required to have ground floor commercial uses on the first
storey where any portion of the lot aligns with the area identified as "Required
Ground Floor Commercial" on Schedule 3; and
6.
Where ground floor commercial uses are required by Subclause 5., the entire
streetwall of the first storey, excluding areas devoted to a lobby or other
shared entrances/exits for other permitted uses, must be occupied by
Kingston Zoning By-Law Number 2022-62
Section 15: Commercial Zones - Part 1, Page 262
commercial uses. Portions of the floor area of the first storey that do not have
an exterior wall facing a street line may be occupied by uses that service the
building such as loading spaces, waste management facilities and rooms,
mechanical rooms, bike parking facilities and other similar uses.
Kingston Zoning By-Law Number 2022-62
Section 16: Employment Zones - Part 1, Page 263
Section 16: Employment Zones
16.1.
All Employment Zones
16.1.1.
For the purposes of this By-law, Employment Zones include Business Park Zone
(M1), General Industrial Zone (M2), Heavy Industrial Zone (M3), Employment Service
Zone (M4) and Waste Management Zone (M5).
16.1.2.
Uses permitted in Employment Zones are limited to the uses identified in Table
16.1.2., and are denoted by the symbol "-" in the column applicable to each Zone
and corresponding with the row for a specific permitted use. Where the symbol "--
" is identified in the table, the use is not permitted in that Zone.
16.1.3.
Where a permitted use includes a reference number in superscript beside the "-"
symbol in Table 16.1.2., the following corresponding provisions apply:
1.
Is required to operate within an enclosed building.
2.
Is permitted only as an accessory use to a principal use on the lot and is
limited to a maximum gross floor area of 25% of the gross floor area of the
principal use.
3.
Is limited only to convenience commercial uses in a retail store, in accordance
with the complementary use policies of the Official Plan.
4.
Is permitted only as an accessory use to a principal use on the lot.
5.
Is permitted as a principal use and may occupy 100% gross floor area on the
lot, in accordance with the complementary use policies of the Official Plan.
Table 16.1.2. - Permitted Uses in the Employment Zones
Use
M1
M2
M3
M4
M5
animal care
--
--
--
-5
--
animal shelter
--
--
--
-
--
automobile body shop
--
-
-
--
--
automobile repair shop
--
-
-
--
--
banquet hall
--
--
--
-5
--
call centre
-
--
--
-1
--
Kingston Zoning By-Law Number 2022-62
Section 16: Employment Zones - Part 1, Page 264
Use
M1
M2
M3
M4
M5
catering service
-
-
--
-1
--
contractor's yard
-1
-
-
-1
--
day care centre
--
--
--
-5
--
equipment rental
--
-
-
--
--
feedmill
--
-
--
--
--
financial institution
--
--
--
-5
--
fitness centre
--
--
--
-5
--
heavy equipment or truck repair shop
--
-
-
--
--
heavy industrial uses
--
--
-
--
--
hotel
--
--
--
-5
--
industrial repair shop
--
-
-
--
--
laboratory
-
--
--
-1
--
light industrial use
-1
-
-
-1
--
office
-
-4
-4
-1
-4
outdoor storage
-4
-4
-4
--
-
personal service shop
--
--
--
-5
--
place of worship
--
--
--
-5
--
production studio
-
--
--
-1
--
recreation facility
--
--
--
-5
--
repair shop
-1
-
-
-1
--
research establishment
-
--
--
-1
--
restaurant
--
--
--
-5
--
retail store
-2
-2
-2
-3
-2
salvage yard
--
--
--
--
-
self-service storage facility
--
-
--
--
--
towing compound
--
-
-
--
-
training facility
-1
--
--
-1
--
transportation depot
-1
-
-
-1
--
Kingston Zoning By-Law Number 2022-62
Section 16: Employment Zones - Part 1, Page 265
Use
M1
M2
M3
M4
M5
warehouse
-1
-
-
-1
--
waste disposal area
--
--
--
--
-
waste processing site
--
--
--
--
-
waste transfer station
--
--
--
--
-
wastewater treatment facility
--
--
-
--
-
water supply plant
--
--
-
--
--
wellness clinic
--
--
--
-5
--
wholesale establishment
-1
-
-
-1
--
workshop
-1
-
-
-1
--
Kingston Zoning By-Law Number 2022-62
Section 16: Employment Zones - Part 1, Page 266
16.2.
Business Park Zone (M1)
16.2.1.
The use of any lot or building in the M1 Zone must comply with the provisions of
Table 16.2.1.
Table 16.2.1. - M1 Provisions
Zoning Provision
all permitted uses
1. Minimum lot area (square metres)
--
2. Minimum lot frontage (metres)
25.0
3. Maximum height (metres)
15.0
4. Minimum front setback (metres)
6.03
5. Minimum rear setback (metres)
7.53
6. Minimum exterior setback (metres)
6.03
7. Minimum interior setback (metres)
6.03
8. Minimum landscaped open space
15%
9. Maximum lot coverage
--
Additional Provisions for Lots Zoned M1
16.2.2.
In addition to the provisions of Table 16.2.1., uses in the M1 Zone must comply with
the following provisions:
1.
Outdoor storage is not permitted on a lot that is adjacent to a lot in an Urban
Residential Zone, Urban Multi-Unit Residential Zone or Heritage Zone or on a
lot that is adjacent to a lot with a residential use. Where permitted, outdoor
storage must:
(a)
comply with the setback provisions as if such use were a building;
(b) not be located in a front yard or exterior yard, and must not be located
in a rear yard that abuts a street line;
(c)
be provided with a visual screen a minimum height of 1.8 metres in such
a manner that the outdoor storage is not visible from a street or a lot
that is located in any Zone other than an Employment Zone; and
(d) have an area no greater than 15% of the lot area.
Kingston Zoning By-Law Number 2022-62
Section 16: Employment Zones - Part 1, Page 267
2.
Despite Subclause 1., when outdoor storage is established under the
provisions of this By-law, the subsequent construction of a new residential
use on a separate lot does not render such outdoor storage non-complying.
3.
Where a lot line abuts a lot in any Zone other than an Employment Zone:
(a)
A minimum 3.0 metre wide planting strip must be provided along the
portion of the lot line that abuts a lot in a Zone that is not an
Employment Zone; and
(b) The minimum height for the row of trees or a continuous hedgerow of
evergreens or shrubs located in the planting strip is 1.5 metres;
(c)
Driveways, walkways and similar features are permitted to cut across the
planting strip perpendicularly; and
(d) Where the lot line is an interior lot line or rear lot line, the minimum
setback from the lot line is 15.0 metres.
4.
Where a lot has a street line that is located on the opposite side of the street
from any Zone other than an Employment Zone:
(a)
A minimum 3.0 metre wide planting strip must be provided along the
portion of the street line that is opposite to the Zone that is not an
Employment Zone; and
(b) The minimum height for the row of trees or a continuous hedgerow of
evergreens or shrubs located in the planting strip is 1.5 metres; and
(c)
Driveways, walkways and similar features are permitted to cut across the
planting strip perpendicularly.
5.
All parking lots must be surfaced with asphalt, concrete, lockstone or a similar
material approved by the City.
6.
It is intended that complementary uses may be authorized through a minor
variance in accordance with the policies of the Official Plan, and subject to, and
in accordance with, the provisions of the Planning Act.
(By-Law Number 2022-62; 2024-332)
Kingston Zoning By-Law Number 2022-62
Section 16: Employment Zones - Part 1, Page 268
16.3.
General Industrial Zone (M2)
16.3.1.
The use of any lot or building in the M2 Zone must comply with the provisions of
Table 16.3.1.
Table 16.3.1. - M2 Provisions
Zoning Provision
all permitted uses
1. Minimum lot area (square metres)
--
2. Minimum lot frontage (metres)
21.0
3. Maximum height (metres)
15.0
4. Minimum front setback (metres)
8.0
5. Minimum rear setback (metres)
7.53
6. Minimum exterior setback (metres)
6.0
7. Minimum interior setback (metres)
6.03
8. Minimum landscaped open space
15%
9. Maximum lot coverage
--
Additional Provisions for Lots Zoned M2
16.3.2.
In addition to the provisions of Table 16.3.1., uses in the M2 Zone must comply with
the following provisions:
1.
Outdoor storage is not permitted on a lot that is adjacent to a lot in an Urban
Residential Zone, Urban Multi-Unit Residential Zone or Heritage Zone or on a
lot that is adjacent to a lot with a residential use. Where permitted, outdoor
storage must:
(a)
comply with the setback provisions as if such use were a building;
(b) not be located in a front yard or exterior yard, and must not be located
in a rear yard that abuts a street line;
(c)
be provided with a visual screen a minimum height of 1.8 metres and in
such a manner that the outdoor storage is not visible from a street or a
lot that is located in any Zone other than an Employment Zone; and
(d) have an area no greater than 30% of the lot area;
Kingston Zoning By-Law Number 2022-62
Section 16: Employment Zones - Part 1, Page 269
2.
Despite Subclause 1., when outdoor storage is established under the
provisions of this By-law, the subsequent construction of a new residential
use on a separate lot does not render such outdoor storage non-complying;
3.
Where an interior lot line or rear lot line abuts a lot in any Zone other than
an Employment Zone, the minimum setback from such lot line is 15.0 metres;
4.
Heavy industrial uses existing as of the date of passing of this By-law are
deemed to be permitted uses in the M2 Zone. Any development associated
with an existing heavy industrial use must comply with the provisions in Table
16.3.1.; and
5.
It is intended that complementary uses may be authorized through a minor
variance in accordance with the policies of the Official Plan, and subject to, and
in accordance with, the provisions of the Planning Act.
Kingston Zoning By-Law Number 2022-62
Section 16: Employment Zones - Part 1, Page 270
16.4.
Heavy Industrial Zone (M3)
16.4.1.
The use of any lot or building in the M3 Zone must comply with the provisions of
Table 16.4.1.
Table 16.4.1. - M3 Provisions
Zoning Provision
all permitted uses
1. Minimum lot area (square metres)
--
2. Minimum lot frontage (metres)
25.0
3. Maximum height (metres)
15.0
4. Minimum front setback (metres)
8.0
5. Minimum rear setback (metres)
7.53
6. Minimum exterior setback (metres)
6.0
7. Minimum interior setback (metres)
6.03
8. Minimum landscaped open space
15%
9. Maximum lot coverage
--
Additional Provisions for Lots Zoned M3
16.4.2.
In addition to the provisions of Table 16.4.1., uses in the M3 Zone must comply with
the following provisions:
1.
Outdoor storage is not permitted on a lot that is adjacent to a lot in an Urban
Residential Zone, Urban Multi-Unit Residential Zone or Heritage Zone or on a
lot that is adjacent to a lot with a residential use. Where permitted, outdoor
storage must:
(a)
comply with the setback provisions as if such use were a building;
(b) not be located in a front yard or exterior yard, and must not be located
in a rear yard that abuts a street line; and
(c)
be provided with a visual screen a minimum height of 1.8 metres and in
such a manner that the outdoor storage is not visible from a street or a
lot that is located in any Zone other than an Employment Zone;
2.
Despite Subclause 1., when outdoor storage is established under the
provisions of this By-law, the subsequent construction of a new residential
use on a separate lot does not render such outdoor storage non-complying;
Kingston Zoning By-Law Number 2022-62
Section 16: Employment Zones - Part 1, Page 271
3.
Where an interior lot line or rear lot line abuts a lot in any Zone other than
an Employment Zone, the minimum setback from such lot line is 15.0 metres;
and
4.
It is intended that complementary uses may be authorized through a minor
variance in accordance with the policies of the Official Plan, and subject to, and
in accordance with, the provisions of the Planning Act.
Kingston Zoning By-Law Number 2022-62
Section 16: Employment Zones - Part 1, Page 272
16.5.
Employment Service Zone (M4)
16.5.1.
The use of any lot or building in the M4 Zone must comply with the provisions of
Table 16.5.1.
Table 16.5.1. - M4 Provisions
Zoning Provision
all permitted uses
1. Minimum lot area (square metres)
--
2. Minimum lot frontage (metres)
25.0
3. Maximum height (metres)
15.0
4. Minimum front setback (metres)
6.0
5. Minimum rear setback (metres)
7.51
6. Minimum exterior setback (metres)
6.0
7. Minimum interior setback (metres)
6.01
8. Minimum landscaped open space
15%
9. Maximum lot coverage
--
(By-Law Number 2022-62; 2024-332)
Additional Provisions for Lots Zoned M4
16.5.2.
In addition to the provisions of Table 16.5.1., uses in the M4 Zone must comply with
the following provisions:
1.
Where an interior lot line or rear lot line abuts a lot in any Zone other than
an Employment Zone, the minimum setback from such lot line is 15.0 metres;
2.
Outdoor storage is prohibited;
3.
All parking lots must be surfaced with asphalt, concrete, or lockstone or a
similar material approved by the City; and
4.
It is intended that complementary uses may be authorized through a minor
variance in accordance with the policies of the Official Plan, and subject to, and
in accordance with, the provisions of the Planning Act.
Kingston Zoning By-Law Number 2022-62
Section 16: Employment Zones - Part 1, Page 273
16.6.
Waste Management Zone (M5)
16.6.1.
The use of any lot or building in the M5 Zone must comply with the provisions of
Table 16.6.1.
Table 16.6.1. - M5 Provisions
Zoning Provision
all permitted uses
1. Minimum lot area (square metres)
--
2. Minimum lot frontage (metres)
--
3. Maximum height (metres)
15.0
4. Minimum front setback (metres)
15.0
5. Minimum rear setback (metres)
15.02
6. Minimum exterior setback (metres)
15.0
7. Minimum interior setback (metres)
15.02
8. Minimum landscaped open space
--
9. Maximum lot coverage
--
Additional Provisions for Lots Zoned M5
16.6.2.
In addition to the provisions of Table 16.6.1., uses in the M5 Zone must comply with
the following provisions:
1.
Outdoor storage must be provided with a visual screen a minimum height of
1.8 metres and in such a manner that the outdoor storage is not visible from a
street or a lot that is located in any Zone other than an Employment Zone;
2.
Where an interior lot line or rear lot line abuts a lot in any Zone other than
an Employment Zone, the minimum setback from such lot line is 30.0 metres;
3.
All facilities for managing solid waste must be located within an enclosed
building and constructed in such a manner that the waste material is not
visible from a street or an adjacent non-industrial property; and
4.
It is intended that complementary uses may be authorized through a minor
variance in accordance with the policies of the Official Plan, and subject to, and
in accordance with, the provisions of the Planning Act.
Kingston Zoning By-Law Number 2022-62
Section 17: Transportation and Utilities Zones - Part 1, Page 274
Section 17: Transportation and Utilities Zones
17.1.
All Transportation and Utilities Zones
17.1.1.
For the purposes of this By-law, Transportation and Utilities Zones include Airport
Zone (TA), Transportation and Railway Zone (TR) and Utility Installation or Corridor
Zone (TU).
17.1.2.
Uses permitted in Transportation and Utilities Zones are limited to the uses
identified in Table 17.1.2., and are denoted by the symbol "-" in the column
applicable to each Zone and corresponding with the row for a specific permitted
use. Where the symbol "-- " is identified in the table, the use is not permitted in
that Zone.
17.1.3.
Where a permitted use includes a reference number in superscript beside the "-"
symbol in Table 17.1.2., the following corresponding provisions apply:
1.
Is permitted only as an accessory use to a principal use on the lot; and
2.
An existing golf course and driving range is a permitted principal use on all
lands in the TA Zone.
Table 17.1.2. - Permitted Uses in the Transportation and Utilities Zones
Use
TA
TR
TU
agricultural use
--
--
-1
airport facilities
-
--
--
club
-
--
--
ferry terminal
--
-
--
golf course
-2
--
--
outdoor storage
--
--
-1
personal service shop
--
-1
--
restaurant
--
-1
--
retail store
--
-1
--
transformer station
--
--
-
transportation terminal
--
-
--
water supply plant
--
--
-
Kingston Zoning By-Law Number 2022-62
Section 17: Transportation and Utilities Zones - Part 1, Page 275
17.2.
Airport Zone (TA)
17.2.1.
The use of any lot or building in the TA Zone must comply with the provisions of
Table 17.2.1.
Table 17.2.1. - TA Provisions
Zoning Provision
all permitted uses
1. Minimum lot area (square
metres)
--
2. Minimum lot frontage (metres)
--
3. Maximum height (metres)
15.2
4. Minimum front setback (metres)
21.3
5. Minimum rear setback (metres)
7.6
6. Minimum exterior setback
(metres)
21.3
7. Minimum interior setback
(metres)
3.1
8. Minimum landscaped open
space
--
9. Maximum lot coverage
--
10. Maximum number of dwelling
units per lot
--
Kingston Zoning By-Law Number 2022-62
Section 17: Transportation and Utilities Zones - Part 1, Page 276
17.3.
Transportation and Railway Zone (TR)
17.3.1.
The use of any lot or building in the TR Zone must comply with the provisions of
Table 17.3.1.
Table 17.3.1. - TR Provisions
Zoning Provision
all permitted uses
1. Minimum lot area (square
metres)
--
2. Minimum lot frontage (metres)
--
3. Maximum height (metres)
18.0
4. Minimum front setback (metres)
7.5
5. Minimum rear setback (metres)
0.01
6. Minimum exterior setback
(metres)
7.5
7. Minimum interior setback
(metres)
4.5
8. Minimum landscaped open
space
--
9. Maximum lot coverage
--
10. Maximum number of dwelling
units per lot
--
Additional Provisions for Lots Zoned TR
17.3.2.
In addition to the provisions of Table 17.3.1., uses in the TR Zone must comply with
the following provisions:
1.
Bus stations must comply with the following:
(a)
A minimum 3.0 metre wide planting strip must be provided along all lot
lines.
2.
Train stations must comply with the following:
(a)
A minimum 7.5 metre wide planting strip must be provided along all lot
lines.
Kingston Zoning By-Law Number 2022-62
Section 17: Transportation and Utilities Zones - Part 1, Page 277
17.4.
Utility Installation or Corridor Zone (TU)
17.4.1.
The use of any lot or building in the TU Zone must comply with the provisions of
Table 17.4.1.
Table 17.4.1. - TU Provisions
Zoning Provision
all permitted uses
1. Minimum lot area (square
metres)
--
2. Minimum lot frontage (metres)
--
3. Maximum height (metres)
--
4. Minimum front setback (metres)
7.5
5. Minimum rear setback (metres)
7.5
6. Minimum exterior setback
(metres)
6.0
7. Minimum interior setback
(metres)
6.0
8. Minimum landscaped open
space
--
9. Maximum lot coverage
--
10. Maximum number of dwelling
units per lot
--
Additional Provisions for Lots Zoned TU
17.4.2.
In addition to the provisions of Table 17.4.1., uses in the TU Zone must comply with
the following provisions:
1.
A minimum 4.5 metre wide planting strip must be provided along all street
lines;
2.
Where a lot abuts a lot in an Institutional Zone or Commercial Zone, a
minimum 3.0 metre wide planting strip must be provided adjacent to any
such lot line, which must have a minimum height of 1.5 metres for the row of
trees or a continuous hedgerow of evergreens or shrubs;
Kingston Zoning By-Law Number 2022-62
Section 17: Transportation and Utilities Zones - Part 1, Page 278
3.
Where a lot is located on the opposite side of the street from an Institutional
Zone or Commercial Zone, a minimum 3.0 metre wide planting strip must be
provided along the portion of the street line that is opposite to such Zone;
4.
No planting strip is required adjacent to a lot line that abuts an Employment
Zone, Transportation and Utilities Zone, or any combination of such Zones; and
5.
A minimum 4.5 metre wide planting strip must be provided along all other lot
lines, which must have a minimum height of 1.5 metres for the row of trees or
a continuous hedgerow of evergreens or shrubs.
Kingston Zoning By-Law Number 2022-62
Section 18: Open Space Zones - Part 1, Page 279
Section 18: Open Space Zones
18.1.
All Open Space Zones
18.1.1.
For the purposes of this By-law, Open Space Zones include Protected Open Space
Zone (OS1), General Open Space Zone (OS2) and Development Reserve Zone (DR).
18.1.2.
Uses permitted in Open Space Zones are limited to the uses identified in Table
18.1.2., and are denoted by the symbol "-" in the column applicable to each Zone
and corresponding with the row for a specific permitted use. Where the symbol "--
" is identified in the table, the use is not permitted in that Zone.
18.1.3.
Where a permitted use includes a reference number in superscript beside the "-"
symbol in Table 18.1.2., the following corresponding provisions apply:
1.
Is permitted only as an accessory use to a principal use on the lot;
2.
Is permitted if the principal building legally existed on the lot as of the date
of passing of this By-law; and
3.
Is permitted in the rural area.
Table 18.1.2. - Permitted Uses in the Open Space Zones
Use
OS1
OS2
DR
Residential
house
--
--
-2
Non-residential
agricultural use
--
--
-3
campground
--
-
--
cemetery
--
-
--
club
--
-
--
community centre
--
-
--
elementary school
--
-
--
fitness centre
--
-
--
forestry use
--
-
--
golf course
--
-
--
library
--
-
--
Kingston Zoning By-Law Number 2022-62
Section 18: Open Space Zones - Part 1, Page 280
Use
OS1
OS2
DR
marina
--
-
--
museum
--
-
--
office
--
-1
--
park
-
-
-
place of worship
--
--
--
recreation facility
--
-
--
secondary school
--
-
--
Kingston Zoning By-Law Number 2022-62
Section 18: Open Space Zones - Part 1, Page 281
18.2.
Protected Open Space Zone (OS1)
18.2.1.
The use of any lot or building in the OS1 Zone must comply with the provisions of
Table 18.2.1.
Table 18.2.1. - OS1 Provisions
Zoning Provision
all permitted uses
1. Minimum lot area (square
metres)
--
2. Minimum lot frontage (metres)
--
3. Maximum height (metres)
--
4. Minimum front setback (metres)
--
5. Minimum rear setback (metres)
--
6. Minimum exterior setback
(metres)
--
7. Minimum interior setback
(metres)
--
8. Minimum landscaped open
space
--
9. Maximum lot coverage
--
10. Maximum number of dwelling
units per lot
--
Kingston Zoning By-Law Number 2022-62
Section 18: Open Space Zones - Part 1, Page 282
18.3.
General Open Space Zone (OS2)
18.3.1.
The use of any lot or building in the OS2 Zone must comply with the provisions of
Table 18.3.1.
Table 18.3.1. - OS2 Provisions
Zoning Provision
all permitted uses
1. Minimum lot area (square metres)
--
2. Minimum lot frontage (metres)
--
3. Maximum height (metres)
23.0
4. Minimum front setback (metres)
7.5
5. Minimum rear setback (metres)
7.5
6. Minimum exterior setback (metres)
7.5
7. Minimum interior setback (metres)
7.5
8. Minimum landscaped open space
--
9. Maximum lot coverage
--
10. Maximum number of dwelling units per lot
--
Kingston Zoning By-Law Number 2022-62
Section 18: Open Space Zones - Part 1, Page 283
18.4.
Development Reserve Zone (DR)
18.4.1.
The use of any lot or building in the DR Zone must comply with the provisions of
Table 18.4.1.
Table 18.4.1. - DR Provisions
Zoning Provision
house
all other permitted uses
1. Minimum lot area (square metres)
--
--
2. Minimum lot frontage (metres)
--
--
3. Maximum height (metres)
--
--
4. Minimum front setback (metres)
7.6
6.1
5. Minimum rear setback (metres)
7.6
7.6
6. Minimum exterior setback
(metres)
7.6
6.1
7. Minimum interior setback (metres) 7.6
7.6
8. Minimum landscaped open space
--
--
9. Maximum lot coverage
20%
20%
10. Maximum number of dwelling
units per lot including accessory
houses
4.0
--
(By-Law Number 2022-62; 2024-332; 2024-333)
Kingston Zoning By-Law Number 2022-62
Section 19: Environmental Zones - Part 1, Page 284
Section 19: Environmental Zones
19.1.
Environmental Protection Area Zone (EPA)
19.1.1.
No use, building or any part of a private sewage system is permitted in the EPA
Zone, except:
1.
Water quality management uses;
2.
Flood control components or works;
3.
Erosion control components or works;
4.
Passive recreation;
5.
Educational uses, generally of a passive nature, excluding associated
buildings;
6.
New public or private works or utilities such as pipelines, roads, bridges or
parking areas, where such facilities are not feasible outside of the
Environmental Protection Area;
7.
Marine facilities;
8.
Water based facilities associated with existing permitted marinas; and
9.
Parks and conservation uses.