Zoning By-law No. 2022-62, Part Three (Section 21: Exceptions) — full text

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Kingston Zoning By-law Number 2022-62 Part 3 of 5: Section 21 Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 1 Section 21: Exceptions 21.1. Exception Overlay 21.1.1. In accordance with Clause 5.5.1., the following provisions apply to all lands that are subject to an Exception with the corresponding Exception Number on Schedule E: E1. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) In addition to the uses permitted by the applicable Zone, the following uses are permitted: (i) townhouse. (b) Townhouses must comply with the following provisions: (i) The maximum height is 10.7 metres; (ii) The minimum front setback is 4.5 metres; (iii) The minimum exterior setback is 3.0 metres; (iv) The minimum interior setback is 0.6 metres; (v) The minimum rear setback is 6.0 metres; (vi) The minimum lot area is 157 square metres; (vii) The minimum lot width is 6.0 metres for an interior lot and 9.0 metres for a corner lot; (viii) A minimum of 37 visitor spaces are required. (ix) A minimum of 9 accessible spaces are required. (x) Porches and steps are permitted to project 1.5 metres into required front setbacks and exterior setbacks; (xi) A maximum of 257 dwelling units are permitted, in the aggregate, on all lands subject to this Exception; (xii) A minimum of 1,500 square metres of amenity area must be provided, in the aggregate, on all lands subject to this Exception; (xiii) Accessory buildings must comply with Section 4.1, except as follows: Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 2 (1) The minimum interior setback is 0.6 metres; (2) The minimum exterior setback is 3.0 metres; (3) The minimum rear setback is 0.6 metres; (4) Where an accessory building shares a common party wall with an accessory building on an adjacent lot, the minimum interior setback is 0 metres. E2. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) In addition to the uses permitted by the applicable Zone, the following uses are permitted: (i) mobile home parks; (ii) commercial facilities supplying essential goods or services for exclusive use of the mobile home park residents; and (iii) accessory buildings. (b) The uses permitted by (a) must comply with the following provisions: (i) The minimum front setback is 4.5 metres from the edge of pavement of any roadway. (ii) The minimum setback from any mobile home park lot line is 1.2 metres. (iii) The minimum mobile home lot area is 325.0 square metres for single width units and 418.0 square metres for double width units. (iv) The minimum mobile home lot width is 9.7 metres width for single width units and 12.0 metres width for double width units. (v) The minimum permitted mobile home dimensions are 12.2 metres long and 3.0 metres wide. (vi) The maximum permitted mobile home dimensions are 20.0 metres long and 7.3 metres wide. (vii) The maximum height of a mobile home is 1 storey. (viii) The minimum landscaped open space is 30% of the total lot area. Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 3 (ix) Accessory buildings must comply with Section 4.1, except as follows: (1) The maximum height is the height of the mobile home to which it is accessory; (2) The maximum lot coverage is 10% of mobile home lot area; (3) Location On Lot: same provision as govern the mobile home to which it is an accessory building; (4) A minimum separation distance of 4.5 metres is required between an accessory building any a mobile home; and (5) The minimum setback from any mobile home lot line is 3.6 metres. E3. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) In addition to the uses permitted by the applicable Zone, the following uses are permitted: (i) food and beverage preparation; (ii) warehousing and distribution (both wholesale and retail); (iii) service of related vehicle and equipment; and (iv) office, industrial and residential uses which existed as of the date of passing of this By-law. E4. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) Despite the uses permitted by the applicable Zone, the following use is the only permitted use: (i) townhouse. (b) The maximum height is 12 metres. Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 4 E5. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) Despite the uses permitted by the applicable Zone, the following use is the only permitted use: (i) townhouse. (b) The minimum lot frontage is 5.8 metres; and (c) The maximum height is 12 metres. E6. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) In addition to the uses permitted by the applicable Zone, the following use is permitted: (i) apartment building. (b) Apartment buildings must comply with the following provisions: (i) The minimum lot frontage is 35.0 metres; (ii) The maximum height is 12.0 metres; (iii) The minimum front setback is 7.5 metres plus 10% of height above 10.5 metres; (iv) The minimum rear setback is 7.5 metres plus 15% of height above 10.5 metres; (v) The minimum exterior setback is 7.5 metres plus 10% of height above 10.5 metres; (vi) The minimum interior setback is 7.5 metres plus 15% of height above 10.5 metres; and (vii) The minimum landscaped open space is 45%. (c) Townhouses must comply with the applicable Zone provisions, except: (i) The minimum interior setback is 0.6 metres if abutting a public pathway; and (ii) The maximum height is 12.0 metres. Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 5 E7. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) Despite the uses permitted by the applicable Zone, the following use is the only permitted use: (i) single detached house. (b) The minimum rear setback is 12.0 metres. (c) The minimum exterior setback is 3.5 metres. E8. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) Despite the uses permitted by the applicable Zone, the following uses are the only permitted uses: (i) duplex; and (ii) semi-detached house. (b) The minimum lot frontage is 9.25 metres. E9. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) Despite the uses permitted by the applicable Zone, the following uses are the only permitted uses: (i) townhouse; and (ii) apartment building. (b) Apartment buildings must comply with the following provisions: (i) The minimum lot frontage is 35.0 metres; (ii) The maximum height is 12.0 metres; (iii) The minimum front setback is 7.5 metres plus 10% of height above 10.5 metres; (iv) The minimum rear setback is 7.5 metres plus 15% of height above 10.5 metres; (v) The minimum exterior setback is 7.5 metres plus 10% of height above 10.5 metres; Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 6 (vi) The minimum interior setback is 7.5 metres plus 15% of height above 10.5 metres; and (vii) The minimum landscaped open space is 45%. (c) Townhouses must comply with the applicable Zone provisions, except: (i) The maximum height is 12.0 metres. E10. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) Despite the uses permitted by the applicable Zone, the following uses are the only permitted uses: (i) semi-detached house; and (ii) townhouse. E11. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The maximum height is 13.0 metres. E12. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The minimum interior setback is 2.5 metres plus 0.5 metres for every storey, or portion thereof, above the first storey. E13. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The minimum front setback is 3.0 metres; and (b) The minimum exterior setback is 3.0 metres. E14. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) There is no maximum density or number of permitted principal buildings per lot, provided all other provisions are complied with. (b) The maximum number of dwelling units per lot is a number that equals the servicing demand associated with 548 persons, to the satisfaction of the City. (c) In addition to the uses permitted by the applicable Zone, the following uses are permitted: Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 7 (i) triplex; and (ii) apartment building. (d) Triplexes must comply with the following provisions: (i) The minimum lot frontage is 18.2 metres; (ii) The maximum height is 10.6 metres; (iii) The minimum front setback is 6.0 metres; (iv) The minimum rear setback is 7.6 metres; (v) The minimum exterior setback is 6.0 metres; (vi) The minimum interior setback is 3.0 metres; and (vii) The minimum landscaped open space is 30%. (e) Apartment buildings must comply with the following provisions: (i) The minimum lot frontage is 33.5 metres; (ii) The maximum height is 18.2 metres; (iii) The minimum front setback is 3.0 metres; (iv) The minimum rear setback is the greater of 50% of the building height or 10.6 metres; (v) Despite (iv), where a rear lot line is not adjacent to a lot in an UR1, UR2 or UR3 zone and the main wall does not contain windows facing the rear lot line, the minimum rear setback is 1.8 metres; (vi) The minimum exterior setback is 6.0 metres; (vii) The minimum interior setback is the greater of 50% of the building height or 10.6 metres; (viii) Despite (vii), where an interior lot line is not adjacent to a lot in an UR1, UR2 or UR3 zone and the main wall does not contain windows facing the interior lot line, the minimum interior setback is 1.8 metres; and (ix) The minimum landscaped open space is 45%. (f) Townhouses must comply with the applicable Zone provisions, except: Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 8 (i) The minimum lot frontage is 5.4 metres; and (ii) The minimum rear setback is 7.6 metres, (iii) Despite (ii), where the main wall does not contain windows facing the rear lot line, the minimum rear setback is 1.8 metres. E15. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) Townhouses must comply with the applicable Zone provisions, except: (i) The maximum height is 12.0 metres. E16. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) There is no maximum density or number of permitted principal buildings per lot, provided all other provisions are complied with. (b) The maximum number of dwelling units per lot is a number that equals the servicing demand associated with 140 persons, to the satisfaction of the City. (c) In addition to the uses permitted by the applicable Zone, the following uses are permitted: (i) triplex; and (ii) apartment building. (d) Triplexes must comply with the following provisions: (i) The minimum lot frontage is 18.2 metres; (ii) The maximum height is 10.6 metres; (iii) The minimum front setback is 6.0 metres; (iv) The minimum rear setback is 7.6 metres; (v) The minimum exterior setback is 6.0 metres; (vi) The minimum interior setback is 3.0 metres; and (vii) The minimum landscaped open space is 30%. (e) Apartment buildings must comply with the following provisions: Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 9 (i) The minimum lot frontage is 33.5 metres; (ii) The maximum height is 18.2 metres; (iii) The minimum front setback is 3.0 metres; (iv) The minimum rear setback is the greater of 50% of the building height or 10.6 metres; (v) Despite (iv), where a rear lot line is not adjacent to a lot in an UR1, UR2 or UR3 zone and the main wall does not contain windows facing the rear lot line, the minimum rear setback is 1.8 metres; (vi) The minimum exterior setback is 6.0 metres; (vii) The minimum interior setback is the greater of 50% of the building height or 10.6 metres; (viii) Despite (vii), where an interior lot line is not adjacent to a lot in an UR1, UR2 or UR3 zone and the main wall does not contain windows facing the interior lot line, the minimum interior setback is 1.8 metres; and (ix) The minimum landscaped open space is 45%. (f) Townhouses must comply with the applicable Zone provisions, except: (i) The minimum lot frontage is 5.4 metres; and (ii) The minimum rear setback is 7.6 metres, (iii) Despite (ii), where the main wall does not contain windows facing the rear lot line, the minimum rear setback is 1.8 metres. E17. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The minimum rear setback is 12.0 metres; and (b) The minimum exterior setback is 3.5 metres. Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 10 E18. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The minimum interior setback is 1.0 metre. E19. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The minimum rear setback is 15.3 metres. E20. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) In addition to the uses permitted by the applicable Zone, the following uses are permitted: (i) marine supplies establishment; (ii) boat and shipbuilding; (iii) drydock; (iv) fuel supply and effluent transfer facility; (v) marine salvage and repair facility; (vi) marine service and mooring facility; (vii) marine-related instructional facility; (viii) sail lofts; and (ix) small motor equipment sales and service establishment. E21. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The minimum density of dwelling units per net hectare on lands with residential uses, excluding lands used for roads, stormwater management, public walkways, parks or open spaces, is 30.0 dwelling units per net hectare; OLT Ordered amendment to be done OLT File Number 22-003936 (b) In addition to the uses permitted by the applicable Zone, the following uses are permitted: (i) triplex; and Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 11 (ii) apartment building with a maximum of 4 dwelling units. (c) Triplexes and apartment buildings with 4 dwelling units must comply with the following provisions: (i) The minimum lot frontage is 15.0 metres; (ii) The maximum height is the lesser of 12 metres or 3 storeys; (iii) The minimum front setback is 3.0 metres; (iv) The minimum rear setback is 7.6 metres; (v) The minimum exterior setback is 3.0 metres; (vi) The minimum interior setback is 3.0 metres; and (vii) The minimum landscaped open space is 30%. E22. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The minimum density of dwelling units per net hectare on lands with residential uses, excluding lands used for roads, stormwater management, public walkways, parks or open spaces, is 37.5 dwelling units per net hectare; OLT Ordered amendment to be done OLT File Number 22-003936 (b) The maximum building height for all buildings, except for an apartment building, is 12.0 metres; (c) In addition to the uses permitted by the applicable Zone, the following uses are permitted: (i) stacked townhouse; (ii) apartment building; (iii) triplex; (iv) apartment building with a maximum of 4 dwelling units; and (v) non-residential uses that are permitted in the CN Zone as per Table 15.1.2., where the non-residential uses are located only on the first storey. Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 12 (d) Stacked townhouses must comply with the provisions that apply to townhouses. (e) Triplexes and apartment buildings with 4 dwelling units must comply with the following provisions: (i) The minimum lot frontage is 15.0 metres; (ii) The maximum height is the lesser of 12 metres or 3 storeys; (iii) The minimum front setback is 3.0 metres; (iv) The minimum rear setback is 7.6 metres; (v) The minimum exterior setback is 3.0 metres; (vi) The minimum interior setback is 3.0 metres; and (vii) The minimum landscaped open space is 30%. (f) Apartment buildings with 5 or more dwelling units must comply with the provisions of the URM1 Zone, except: (i) The maximum height is the lesser of 20.0 metres or 6 storeys. E23. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) In addition to the uses permitted by the applicable Zone, the following use is permitted: (i) triplex. (b) Triplexes must comply with the following provisions: (i) The minimum lot frontage is 18.3 metres; (ii) The maximum height is 10.7 metres; (iii) The minimum front setback is 6.1 metres; (iv) The minimum rear setback is 7.6 metres; (v) The minimum exterior setback is 6.1 metres; (vi) The minimum interior setback is 3.0 metres; and (vii) The minimum landscaped open space is 30%. Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 13 E24. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) In addition to the uses permitted by the applicable Zone, the following use is permitted: (i) triplex. (b) Triplexes must comply with the following provisions: (i) The minimum lot frontage is 18.3 metres; (ii) The maximum height is 10.7 metres; (iii) The minimum front setback is 6.1 metres; (iv) The minimum rear setback is 7.6 metres; (v) The minimum exterior setback is 6.1 metres; (vi) The minimum interior setback is 3.0 metres; and (vii) The minimum landscaped open space is 30%. (c) Townhouses must comply with the applicable Zone provisions, except: (i) The minimum lot frontage is 5.5 metres. E25. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) In addition to the uses permitted by the applicable Zone, the following uses are permitted: (i) triplex; and (ii) apartment building. (b) Triplexes must comply with the following provisions: (i) The minimum lot frontage is 18.2 metres; (ii) The maximum height is 10.6 metres; (iii) The minimum front setback is 6.0 metres; (iv) The minimum rear setback is 7.6 metres; Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 14 (v) The minimum exterior setback is 6.0 metres; (vi) The minimum interior setback is 3.1 metres; and (vii) The minimum landscaped open space is 30%. (c) Apartment buildings must comply with the following provisions: (i) The minimum lot frontage is 24.4 metres; (ii) The maximum height is 10.6 metres; (iii) The minimum front setback is 6.1 metres; (iv) The minimum rear setback is 10.6 metres; (v) The minimum exterior setback is 6.1 metres; (vi) The minimum interior setback is 3.0 metres; (vii) The minimum landscaped open space is 30%; and (viii) The maximum number of dwelling units is 4. (d) Townhouses must comply with the applicable Zone provisions, except: (i) The minimum lot frontage is 5.4 metres. (e) Semi-detached houses must comply with the applicable Zone provisions, except: (i) The minimum interior setback is 0.9 metres. Where a common party wall is located along a lot line, the minimum interior setback is 0 metres. E26. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The maximum height for all permitted uses is 10.9 metres. (b) In addition to the uses permitted by the applicable Zone, the following uses are permitted: (i) triplex; and (ii) apartment building. (c) Triplexes must comply with the following provisions: Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 15 (i) The minimum lot frontage is 16.4 metres; (ii) The minimum front setback is 4.5 metres; (iii) The minimum rear setback is 6.0 metres; (iv) The minimum exterior setback is 3.0 metres; (v) The minimum interior setback is 1.2 metres; and (vi) The minimum landscaped open space is 30%. (d) Apartment buildings must comply with the following provisions: (i) The minimum lot frontage is 24.3 metres; (ii) The minimum front setback is 6.1 metres; (iii) The minimum rear setback is 10.6 metres; (iv) The minimum exterior setback is 6.1 metres; (v) The minimum interior setback is 3.1 metres; (vi) The minimum landscaped open space is 30%; and (vii) The maximum number of dwelling units is 4. (e) Townhouses must comply with the applicable Zone provisions, except: (i) The minimum lot frontage is 5.4 metres. (f) Semi-detached houses must comply with the applicable Zone provisions, except: (i) The minimum interior setback is 0.9 metres. Where a common party wall is located along a lot line, the minimum interior setback is 0 metres. E27. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) In addition to the uses permitted by the applicable Zone, the following use is permitted: (i) triplex. (b) Triplexes must comply with the following provisions: Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 16 (i) The minimum lot frontage is 12.0 metres; (ii) The maximum height is 10.5 metres; (iii) The minimum front setback is 4.5 metres; (iv) The minimum rear setback is 6.0 metres; (v) The minimum exterior setback is 3.0 metres; (vi) The minimum interior setback is 1.2 metres on one side and 0.6 metres on the other; and (vii) The minimum landscaped open space is 30%. (c) Single-detached houses must comply with the applicable Zone provisions, except: (i) The minimum front setback is 4.5 metres; and (ii) The minimum rear setback is 6.0 metres. (d) Semi-detached houses must comply with the applicable Zone provisions, except: (i) The minimum front setback is 4.5 metres; and (ii) The minimum rear setback is 6.0 metres. E28. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The maximum number of dwelling units is 187. (b) In addition to the uses permitted by the applicable Zone, the following uses are permitted: (i) triplex; and (ii) apartment building. (c) Triplexes and apartment buildings with 4 dwelling units must comply with the following provisions: (i) The minimum lot frontage is 18.2 metres; (ii) The maximum height is 10.6 metres; Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 17 (iii) The minimum front setback is 6.0 metres; (iv) The minimum rear setback is 7.6 metres; (v) The minimum exterior setback is 6.0 metres; (vi) The minimum interior setback is 3.0 metres; and (vii) The minimum landscaped open space is 30%. (d) Apartment buildings with 5 or more dwelling units must comply with the following provisions: (i) The minimum lot frontage is 33.5 metres; (ii) The maximum height is 18.2 metres; (iii) The minimum front setback is 3.0 metres; (iv) The minimum rear setback is the greater of 50% of the building height or 10.6 metres; (v) Despite (iv), where a rear lot line is not adjacent to a lot in an UR1, UR2 or UR3 zone and the main wall does not contain windows facing the rear lot line, the minimum rear setback is 1.8 metres; (vi) The minimum exterior setback is 3.0 metres; (vii) The minimum interior setback is the greater of 50% of the building height or 10.6 metres; (viii) Despite (vii), where an interior lot line is not adjacent to a lot in an UR1, UR2 or UR3 zone and the main wall does not contain windows facing the interior yard, the minimum interior setback is 1.8 metres; and (ix) The minimum landscaped open space is 45%. (e) Semi-detached houses must comply with the applicable Zone provisions, except: (i) The minimum lot frontage is 7.2 metres per dwelling unit; and (ii) The minimum interior setback is 0.9 metres. Where a common party wall is located along a lot line, the minimum interior setback is 0 metres. (f) Townhouses must comply with the applicable Zone provisions, except: Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 18 (i) The minimum lot frontage is 5.4 metres. E29. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) There is no maximum density or number of permitted principal buildings per lot, provided all other provisions are complied with. (b) Townhouses must comply with the applicable Zone provisions, except: (i) The minimum lot frontage is 5.4 metres. E30. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) In addition to the uses permitted by the applicable Zone, the following use is permitted: (i) triplex. (b) Triplexes must comply with the following provisions: (i) The minimum lot frontage is 18.3 metres; (ii) The maximum height is 10.7 metres; (iii) The minimum front setback is 6.1 metres; (iv) The minimum rear setback is 7.6 metres; (v) The minimum exterior setback is 6.1 metres; (vi) The minimum interior setback is 3.0 metres; and (vii) The minimum landscaped open space is 30%. (c) Semi-detached houses must comply with the applicable zone provisions, except: (i) The minimum lot frontage is 7.6 metres per dwelling unit. E31. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) Despite the uses permitted by the applicable Zone, the following use is the only permitted use: (i) townhouse. Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 19 (b) The maximum number of dwelling units per townhouse building is 4 dwelling units. (c) The maximum height is 11.0 metres. E32. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) There is no maximum density or number of permitted principal buildings per lot, provided all other provisions are complied with. (b) Despite the uses permitted by the applicable Zone, the following uses are the only permitted uses: (i) single detached house; and (ii) townhouse. (c) Townhouses must comply with the applicable Zone provisions, except: (i) The minimum lot frontage is 5.4 metres. (ii) The minimum rear setback is 7.6 metres. (iii) Despite (ii), where the main wall does not contain windows facing the rear lot line, the minimum rear setback is 1.8 metres. E33. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) There is no maximum density or number of permitted principal buildings per lot, provided all other provisions are complied with. (b) Townhouses must comply with the applicable Zone provisions, except: (i) The minimum lot frontage is 5.4 metres; (ii) The minimum rear setback is 7.6 metres; and (iii) Despite (ii), where the main wall does not contain windows facing the rear lot line, the minimum rear setback is 1.8 metres. E34. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) Despite the provisions of the applicable Zone, single detached houses are only permitted on a lot accessed by a private street or public lane adjacent to a rear lot line. Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 20 (b) In addition to the uses permitted by the applicable Zone, the following uses are permitted: (i) triplex; and (ii) apartment building. (c) The minimum rear setback is 14.5 metres. (d) Triplexes and apartment buildings must comply with the following provisions: (i) The maximum density is 75 dwelling units per net hectare. (ii) The minimum lot frontage is 18.0 metres; (iii) The maximum height is 13.0 metres; (iv) The minimum front setback is 3.0 metres where vehicular access to a lot is provided by a private street and 4.5 metres where vehicular access to a lot is provided by a street. (v) The minimum exterior setback is 2.4 metres; (vi) The minimum interior setback is 1.2 metres; and (vii) The minimum landscaped open space is 30%. (e) Single detached houses must comply with the applicable Zone provisions, except: (i) The minimum lot frontage is 8.5 metres; and (ii) The maximum height is 11.0 metres. (f) Semi-detached houses must comply with the applicable Zone provisions, except: (i) The minimum lot frontage is 6.5 metres per dwelling unit where a lot is accessed by a private street; (ii) The maximum height is 12.0 metres; and (iii) The minimum front setback is 0 metres where vehicular access to a lot is provided by a private street. (g) Townhouses must comply with the applicable Zone provisions, except: Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 21 (i) The minimum lot frontage is 5.5 metres per dwelling unit where a lot is accessed by a private street; (ii) The maximum height is 12.0 metres; and (iii) The minimum front setback is 0 metres where vehicular access to a lot is provided by a private street. E35. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) In addition to the uses permitted by the applicable Zone, the following uses are permitted: (i) triplex; and (ii) apartment building. (b) The minimum rear setback to a principal building is 14.5 metres. (c) The minimum rear setback, interior setback and exterior setback for an accessory building connected to the principal building via an enclosed walkway is 0 metres. (d) Despite (b), an enclosed walkway is permitted within the required rear setback connecting the principal building to an accessory building. The maximum width of an enclosed walkway is 2.7 metres, measured from the exterior faces of the exterior walls. However, at the transition between the enclosed walkway and rear wall of the principal building, the enclosed walkway may be a maximum of 3.9 metres wide for a maximum distance of 1.2 metres from the rear wall of the principal building. (e) Despite (b), the rear wall of the principal building may project a maximum of 2 metres into the required rear setback at the transition between the enclosed walkway and the rear wall. (f) Triplexes and apartment buildings must comply with the following provisions: (i) The maximum density is 75 dwelling units per net hectare. (ii) The minimum lot frontage is 18.0 metres; (iii) The maximum height is 13.0 metres; Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 22 (iv) The minimum front setback is 3.0 metres where vehicular access to a lot is provided by a private street and 4.5 metres where vehicular access to a lot is provided by a street; (v) The minimum exterior setback is 2.4 metres; (vi) The minimum interior setback is 1.2 metres; and (vii) The minimum landscaped open space is 30%. (g) Single detached houses must comply with the applicable Zone provisions, except: (i) The minimum lot frontage is 8.5 metres where a lot is accessed by a private street adjacent to the rear lot line; (ii) The maximum height is 11.0 metres; (iii) The minimum front setback is 3.0 metres; (h) Semi-detached houses must comply with the applicable Zone provisions, except: (i) The minimum lot frontage is 6.5 metres per dwelling unit where a lot is accessed by a private street adjacent to the rear lot line; (ii) The maximum height is 12.0 metres; (iii) The minimum front setback is 0.0 metres where a lot is accessed by a private street; (i) Townhouses must comply with the applicable Zone provisions, except: (i) The minimum lot frontage is 5.5 metres per dwelling unit where a lot is accessed by a private street adjacent to the rear lot line; (ii) The maximum height is 12.0 metres; (iii) The minimum front setback is 0.0 metres where a lot is accessed by a private street. E36. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) There is no maximum density or number of permitted principal buildings per lot, provided all other provisions are complied with. Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 23 (b) In addition to the uses permitted by the applicable Zone, the following uses are permitted: (i) triplex; and (ii) apartment building. (c) Triplexes must comply with the following provisions: (i) The minimum lot frontage is 18.2 metres; (ii) The maximum height is 10.6 metres; (iii) The minimum front setback is 6.0 metres; (iv) The minimum rear setback is 7.6 metres; (v) The minimum exterior setback is 6.0 metres; (vi) The minimum interior setback is 3.0 metres; and (vii) The minimum landscaped open space is 30%. (d) Apartment buildings must comply with the following provisions: (i) The minimum lot frontage is 24.3 metres; (ii) The maximum height is 10.6 metres; (iii) The minimum front setback is 6.0 metres; (iv) The minimum rear setback is 10.6 metres; (v) The minimum exterior setback is 6.0 metres; (vi) The minimum interior setback is 3.0 metres; (vii) The minimum landscaped open space is 30%; and (viii) The maximum number of dwelling units is 4. (e) Townhouses must comply with the applicable Zone provisions, except: (i) The minimum lot frontage is 5.4 metres; (ii) The minimum rear setback is 7.6 metres; and Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 24 (iii) Despite (ii), where the main wall does not contain windows facing the rear lot line, the minimum rear setback is 1.8 metres. E37. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The minimum density of dwelling units per net hectare on lands with residential uses, excluding lands used for roads, stormwater management, public walkways, parks or open spaces, is 27.0 dwelling units per net hectare. The Minimum density applies in the aggregate across all lands subject to this Exception, not to individual lots; OLT Ordered amendment to be done OLT File Number 22-003936 (b) In addition to the uses permitted by the applicable Zone, the following uses are permitted: (i) triplex; and (ii) apartment building with a maximum of 4 dwelling units. (c) Triplexes and apartment buildings with 4 dwelling units must comply with the following provisions: (i) The minimum lot frontage is 15.0 metres; (ii) The maximum height is the lesser of 12 metres or 3 storeys; (iii) The minimum front setback is 3.0 metres; (iv) The minimum rear setback is 7.6 metres; (v) The minimum exterior setback is 3.0 metres; (vi) The minimum interior setback is 3.0 metres; and (vii) The minimum landscaped open space is 30%. Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 25 (d) Definition: ARU Ready Space means: (1) Indoor floor area within a residential building on a lot created through a plan of subdivision that has been designed to be easily retrofitted with an additional residential unit, with: a. required parking spaces provided for both the principal dwelling unit and future additional residential unit in place; and b. sufficient unobstructed exterior area to provide the required walkway for the future additional residential unit; (2) where "easily retrofitted with an additional residential unit" means that all of the following are provided: a. plumbing "rough-ins" for a minimum of one bathroom and one kitchen; b. windows in conformity with egress requirements in the Ontario Building Code; and c. required electrical and telecommunication fixtures and wiring; and (3) where the developer of such residential building provides a homeowner's handbook with the initial sale of the property, which includes conceptual floor plan(s) illustrating how the space in the residential building can be converted to establish and function as an additional residential unit. Such conceptual floor plan(s) can be used to inform the application for building permit(s) required to support the development of an additional residential unit in the future. Note: ARU Ready Spaces are considered a dwelling unit for the purpose of calculating the minimum density required by this Exception. OLT Ordered amendment to be done OLT File Number 22-003936 E38. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) Despite the uses permitted by the applicable Zone, the following uses are the only permitted uses: (i) single detached house; (ii) townhouse; Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 26 (iii) triplex; and (iv) apartment building. (b) Triplexes and apartment buildings must comply with the following provisions: (i) The maximum density is 75 dwelling units per net hectare; (ii) The minimum lot frontage is 18.0 metres; (iii) The maximum height is 13.0 metres; (iv) The minimum front setback is 3.0 metres where vehicular access to a lot is provided by a private street and 4.5 metres where vehicular access to a lot is provided by a street; (v) The minimum rear setback is 14.5 metres where a lot is accessed by a private street and 7.5 metres where a lot is accessed by a street; (vi) The minimum exterior setback is 2.4 metres; (vii) The minimum interior setback is 1.2 metres; and (viii) The minimum landscaped open space is 30%. (c) Semi-detached houses must comply with the applicable Zone provisions, except: (i) The minimum lot frontage is 6.5 metres per dwelling unit where a lot is accessed by a private street; (ii) The maximum height is 12.0 metres; (iii) The minimum front setback is 0.0 metres where a lot is accessed by a private street; and (iv) The minimum rear setback is 14.5 metres where a lot is accessed by a private street. (d) Townhouses must comply with the applicable Zone provisions, except: (i) The minimum lot frontage is 5.5 metres per dwelling unit where a lot is accessed by a private street and 6.0 metres per dwelling unit where a lot is accessed by a street; (ii) The maximum height is 12.0 metres; and Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 27 (iii) The minimum front setback is 0.0 metres where a lot is accessed by a private street. E39. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) In addition to the uses permitted by the applicable Zone, the following use is permitted: (i) triplex. (b) Triplexes must comply with the following provisions: (i) The minimum lot frontage is 18.3 metres; (ii) The maximum height is 10.7 metres; (iii) The minimum front setback is 6.1 metres; (iv) The minimum rear setback is 7.6 metres; (v) The minimum exterior setback is 6.1 metres; (vi) The minimum interior setback is 3.0 metres; and (vii) The minimum landscaped open space is 30%. (c) Semi-detached houses must comply with the applicable zone provisions, except: (i) The minimum lot frontage is 7.6 metres per dwelling unit; (ii) The minimum front setback is 5.5 metres; and (iii) The minimum exterior setback is 3.7 metres. E40. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) Despite the uses permitted by the applicable Zone, the following use is the only permitted use: (i) townhouse. (b) Townhouses must comply with the applicable Zone provisions, except: (i) The maximum number of dwelling units is 156; Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 28 (ii) The minimum lot frontage is 121.0 metres; (iii) The minimum rear setback is 7.6 metres; and (iv) Despite (iii), where the main wall does not contain windows facing the rear lot line, the minimum rear setback is 1.8 metres. E41. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) 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 15.3 metres. E42. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) In addition to the uses permitted by the applicable Zone, the following use is permitted: (i) triplex. (b) The minimum front setback for all permitted uses, except for a triplex, is 3.0 metres. (c) Triplexes must comply with the following provisions: (i) The minimum lot frontage is 16.5 metres; (ii) The maximum height is 11.0 metres; (iii) The minimum front setback is 3.0 metres where vehicular access to a lot is provided by a private street and 4.5 metres where vehicular access to a lot is provided by a street; (iv) The minimum rear setback is 14.5 metres where a lot is accessed by a private street and 6.0 metres where a lot is accessed by a street; (v) The minimum exterior setback is 2.4 metres; (vi) The minimum interior setback is 1.2 metres; and (vii) The minimum landscaped open space is 30%. (d) Single detached houses must comply with the applicable Zone provisions, except: Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 29 (i) The minimum lot frontage is 7.0 metres where a lot is accessed by a private street; (ii) The maximum height is 11.0 metres; (iii) The minimum rear setback is 14.5 metres where a lot is accessed by a private street; and (iv) The minimum interior setback is 1.2 and 0.3 metres. (e) Semi-detached houses must comply with the applicable Zone provisions, except: (i) The minimum lot frontage is 6.5 metres per dwelling unit where a lot is accessed by a private street; (ii) The maximum height is 11.0 metres; and (iii) The minimum rear setback is 14.5 metres where a lot is accessed by a private street; and (iv) The minimum interior setback is 1.2 metres. Where a common party wall is located along a lot line, the minimum interior setback is 0 metres. (f) Townhouses must comply with the applicable Zone provisions, except: (i) The maximum number of dwelling units is 4; (ii) The minimum lot frontage is 5.5 metres per dwelling unit where a lot is accessed by a private street; (iii) The maximum height is 11.0 metres; and (iv) The minimum rear setback is 14.5 metres where a lot is accessed by a private street. E43. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) In addition to the uses permitted by the applicable Zone, the following use is permitted: (i) triplex. (b) Triplexes must comply with the following provisions: (i) The minimum lot frontage is 16.5 metres; Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 30 (ii) The maximum height is 11.0 metres; (iii) The minimum front setback is 3.0 metres where vehicular access to a lot is provided by a private street and 4.5 metres where vehicular access to a lot is provided by a street; (iv) The minimum rear setback is 14.5 metres; (v) The minimum exterior setback is 2.4 metres; (vi) The minimum interior setback is 1.2 metres; and (vii) The minimum landscaped open space is 30%. (c) Single detached houses must comply with the applicable Zone provisions, except: (i) The minimum lot frontage is 7.0 metres where a lot is accessed by a private street; (ii) The maximum height is 11.0 metres; (iii) The minimum rear setback is 14.5 metres; and (iv) The minimum interior setback is 1.2 and 0.3 metres. (d) Semi-detached houses must comply with the applicable Zone provisions, except: (i) The minimum lot frontage is 6.5 metres per dwelling unit where a lot is accessed by a private street; (ii) The maximum height is 11.0 metres; and (iii) The minimum rear setback is 14.5 metres; and (iv) The minimum interior setback is 1.2 metres. Where a common party wall is located along a lot line, the minimum interior setback is 0 metres. (e) Townhouses must comply with the applicable Zone provisions, except: (i) The maximum number of dwelling units is 4; (ii) The minimum lot frontage is 5.5 metres per dwelling unit where a lot is accessed by a private street; (iii) The maximum height is 11.0 metres; and Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 31 (iv) The minimum rear setback is 14.5 metres. E44. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) There is no maximum density or number of permitted principal buildings per lot, provided all other provisions are complied with. (b) In addition to the uses permitted by the applicable Zone, the following uses are permitted: (i) triplex; and (ii) apartment building. (c) Triplexes must comply with the following provisions: (i) The minimum lot frontage is 18.2 metres; (ii) The maximum height is 10.6 metres; (iii) The minimum front setback is 6.0 metres; (iv) The minimum rear setback is 7.6 metres; (v) The minimum exterior setback is 6.0 metres; (vi) The minimum interior setback is 3.0 metres; and (vii) The minimum landscaped open space is 30%. (d) Apartment buildings must comply with the following provisions: (i) The minimum lot frontage is 24.3 metres; (ii) The maximum height is 10.6 metres; (iii) The minimum front setback is 6.0 metres; (iv) The minimum rear setback is 10.6 metres; (v) The minimum exterior setback is 6.0 metres; (vi) The minimum interior setback is 3.0 metres; (vii) The minimum landscaped open space is 30%; and (viii) The maximum number of dwelling units is 4. Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 32 (e) Townhouses must comply with the applicable Zone provisions, except: (i) The minimum lot frontage is 5.4 metres; (ii) The minimum rear setback is 7.6 metres; and (iii) Despite (ii), where the main wall does not contain windows facing the rear lot line, the minimum rear setback is 1.8 metres. E45. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) Single detached houses and semi-detached houses must comply with the applicable Zone provisions, except: (i) The minimum rear setback is 6.7 metres. E46. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) There is no maximum density or number of permitted principal buildings per lot, provided all other provisions are complied with. (b) Despite the uses permitted by the applicable Zone, the following uses are the only permitted uses: (i) single detached house; and (ii) townhouse. (c) Townhouses must comply with the applicable Zone provisions, except: (i) The minimum lot frontage is 5.4 metres; (ii) The minimum rear setback is 7.6 metres; and (iii) Despite (ii), where the main wall does not contain windows facing the rear lot line, the minimum rear setback is 1.8 metres. E47. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) Single detached houses and semi-detached houses must comply with the applicable Zone provisions, except: (i) The minimum rear setback is 13.0 metres where a rear lot line is adjacent to a lot in an Employment Zone or adjacent to a lot in an Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 33 Open Space Zone that buffers the boundary of an Employment Zone and 7.5 metres for all other properties. E48. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) Single detached houses and semi-detached houses must comply with the applicable Zone provisions, except: (i) The minimum rear setback is 15.0 metres where a rear lot line is adjacent to a lot in an Employment Zone or adjacent to a lot in an Open Space Zone that buffers the boundary of an Employment Zone and 7.5 metres for all other properties. E49. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) There is no maximum density or number of permitted principal buildings per lot, provided all other provisions are complied with. (b) In addition to the uses permitted by the applicable Zone, the following uses are permitted: (i) triplex; and (ii) apartment building. (c) Triplexes must comply with the following provisions: (i) The minimum lot frontage is 18.2 metres; (ii) The maximum height is 10.6 metres; (iii) The minimum front setback is 6.0 metres; (iv) The minimum rear setback is 7.6 metres; (v) The minimum exterior setback is 6.0 metres; (vi) The minimum interior setback is 3.0 metres; and (vii) The minimum landscaped open space is 30%. (d) Apartment buildings must comply with the following provisions: (i) The minimum lot frontage is 33.5 metres; (ii) The maximum height is 18.2 metres; Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 34 (iii) The minimum front setback is 3.0 metres; (iv) The minimum rear setback is the greater of 50% of the building height or 10.6 metres; (v) Despite (iv), where a rear lot line is not adjacent to a lot in an UR1, UR2 or UR3 zone and the main wall does not contain windows facing the rear lot line, the minimum rear setback is 1.8 metres; (vi) The minimum exterior setback is 6.0 metres; (vii) The minimum interior setback is the greater of 50% of the building height or 10.6 metres; (viii) Despite (vii), where an interior lot line is not adjacent to a lot in an UR1, UR2 or UR3 zone and the main wall does not contain windows facing the interior lot line, the minimum interior setback is 1.8 metres; and (ix) The minimum landscaped open space is 45%. (e) Townhouses must comply with the applicable Zone provisions, except: (i) The minimum lot frontage is 5.4 metres; and (ii) The minimum rear setback is 7.6 metres, (iii) Despite (ii), where the main wall does not contain windows facing the rear lot line, the minimum rear setback is 1.8 metres. E50. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) Single detached houses and semi-detached houses comply with the applicable Zone provisions, except: (i) The minimum front setback is 3.0 metres; and (ii) The minimum exterior setback is 3.0 metres. E51. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) In addition to the uses permitted by the applicable Zone, the following use is permitted: (i) apartment building. Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 35 (b) Apartment buildings must comply with the following provisions: (i) The maximum density is 160 dwelling units per net hectare; (ii) The minimum lot frontage is 20.0 metres; (iii) The maximum height is 10.5 metres; (iv) The minimum front setback is 3.0 metres; (v) The minimum rear setback is the greater of 50% of the building height or 10.6 metres; (vi) Despite (v), where a rear lot line is not adjacent to a lot in an UR1, UR2 or UR3 zone and the main wall does not contain windows facing the rear lot line, the minimum rear setback is 1.8 metres; (vii) The minimum exterior setback is 3.0 metres; (viii) The minimum interior setback is the greater of 50% of the building height or 10.6 metres; (ix) Despite (viii), where an interior lot line is not adjacent to a lot in an UR1, UR2 or UR3 zone and the main wall does not contain windows facing the interior lot line, the minimum interior setback is 1.8 metres; and (x) The minimum landscaped open space is 45%. E52. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) Single detached houses must comply with the applicable Zone provisions, except: (i) The minimum front setback is 3.0 metres; (ii) The minimum rear setback is 7.4 metres; and (iii) The minimum exterior setback is 3.0 metres. E53. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The maximum height for all permitted uses is 10.9 metres. (b) In addition to the uses permitted by the applicable Zone, the following uses are permitted: Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 36 (i) triplex. (c) Triplexes must comply with the following provisions: (i) The minimum lot frontage is 18.2 metres; (ii) The maximum height is 10.9 metres; (iii) The minimum front setback is 6.0 metres; (iv) The minimum rear setback 7.6 metres; (v) The minimum exterior setback is 6.0 metres; (vi) The minimum interior setback is 3.0 metres; and (vii) The minimum landscaped open space is 30%. (d) Semi-detached houses must comply with the applicable Zone provisions, except: (i) The minimum interior setback is 0.9 metres. Where a common party wall is located along a lot line, the minimum interior setback is 0 metres. E54. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) There is no maximum density or number of permitted principal buildings per lot, provided all other provisions are complied with. (b) In addition to the uses permitted by the applicable Zone, the following uses are permitted: (i) triplex; and (ii) apartment building. (c) Triplexes and apartment buildings with 4 dwelling units must comply with the following provisions: (i) The minimum lot frontage is 18.2 metres; (ii) The maximum height is 10.6 metres; (iii) The minimum front setback is 4.5 metres; (iv) The minimum rear setback 6.7 metres; Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 37 (v) The minimum exterior setback is 4.5 metres where a lot has an exterior lot line adjacent to an Arterial Road as identified on Schedule 4 and 3.0 metres where a lot has an exterior lot line adjacent to a Collector Road as identified on Schedule 4; (vi) The minimum interior setback is 3.0 metres; and (vii) The minimum landscaped open space is 30%. (d) Apartment buildings with 5 or more dwelling units must comply with the following provisions: (i) The minimum lot frontage is 33.5 metres; (ii) The maximum height is 18.2 metres; (iii) The minimum front setback is 4.5 metres; (iv) The minimum rear setback 6.7 metres; (v) The minimum exterior setback is 4.5 metres where a lot has an exterior lot line adjacent to an Arterial Road as identified on Schedule 4 and 3.0 metres where a lot has an exterior lot line adjacent to a Collector Road as identified on Schedule 4; (vi) The minimum interior setback is the greater of 50% of the building height or 10.6 metres; (vii) Despite (vi), where an interior lot line is not adjacent to a lot in an UR1, UR2 or UR3 zone and the main wall does not contain windows facing the interior lot line, the minimum interior setback is 1.8 metres; and (viii) The minimum landscaped open space is 45%. E55. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) Single detached houses must comply with the applicable Zone provisions, and the following provisions: (i) The minimum lot frontage is 46.0 metres; (ii) The maximum height is 9.0 metres; (iii) The minimum front setback is 10.5 metres; Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 38 (iv) The minimum rear setback 7.5 metres; (v) The minimum exterior setback is 10.5 metres; (vi) The minimum interior setback is 4.5 metres; (vii) The minimum landscaped open space is 30%. (b) Non-residential buildings must comply with the applicable Zone provisions, and the following provision: (i) The minimum interior setback is 9.0 metres. E56. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The maximum number of permitted principal buildings is 2 and the maximum number of dwelling units is 3 per principal building. (b) The minimum interior setback for all permitted uses is 27.0 metres from the western interior lot line and 7.6 metres from all other interior lot lines. (c) In addition to the uses permitted by the applicable Zone, the following uses are permitted: (i) triplex. (d) Triplexes must comply with the following provisions: (i) The minimum lot frontage is 18.3 metres; (ii) The maximum height is 10.7 metres; (iii) The minimum front setback is 6.1 metres; (iv) The minimum rear setback 7.6 metres; (v) The minimum exterior setback is 6.1 metres; (vi) The minimum interior setback is 27.0 metres from the western interior lot line and 7.6 metres from all other interior lot lines; and (vii) The minimum landscaped open space is 30%. (e) Semi-detached houses must comply with the applicable Zone provisions, except: Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 39 (i) The minimum lot frontage is 7.6 metres. E57. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) Single detached houses must comply with the applicable Zone provisions, and the following provision: (i) All exterior openings of a building must be located above the minimum elevation of 76.14 metres Geodetic Surveys of Canada. E58. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) In addition to the uses permitted by the applicable Zone, the following uses are permitted: (i) triplex. (b) Triplexes must comply with the following provisions: (i) The minimum lot frontage is 15.0 metres; (ii) The maximum height is 10.7 metres; (iii) The minimum front setback is 7.5 metres; (iv) The minimum rear setback 6.0 metres; (v) The minimum exterior setback is 7.5 metres; (vi) The minimum interior setback is 1.2 metres and the minimum aggregate interior setback is 3.0 metres; and (vii) The minimum landscaped open space is 30%. E59. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) Single detached houses must comply with the applicable Zone provisions, except: (i) The minimum lot frontage is 22.9 metres; (ii) All buildings must have a minimum setback of 7.6 metres from the 102 metre geodetic contour, as shown on the approved grading plan along the eastern portion of the lot abutting the stormwater management pond; Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 40 (iii) All exterior openings of a building must be located above the minimum elevation of 102.3 metres Geodetic Surveys of Canada; and (iv) The minimum driveway elevation is 102.1 metres Geodetic Surveys of Canada. E60. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) Single detached houses must comply with the applicable Zone provisions, except: (i) The minimum lot frontage is the lot frontage that existed on the date of passing of this By-law. E61. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) A minimum separation distance of 10.0 metres is required from all buildings to the surveyed top-of-bank along Collins Bay. E62. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) Single detached houses must comply with the applicable Zone provisions, except: (i) The minimum exterior setback is 3.6 metres. E63. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) Single detached houses must comply with the applicable Zone provisions, except: (i) The minimum exterior setback is 2.4 metres. E64. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) Single detached houses must comply with the applicable Zone provisions, except: (i) The minimum front setback is 3.5 metres (ii) The minimum exterior setback is 3.0 metres. Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 41 E65. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) Single detached houses must comply with the applicable Zone provisions, except: (i) The minimum exterior setback is 4.5 metres. E66. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The minimum density of dwelling units per net hectare on lands with residential uses, excluding lands used for roads, stormwater management, public walkways, parks or open spaces, is 25.0 dwelling units per net hectare. E67. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) Semi-detached houses must comply with the applicable Zone provisions, except: (i) The minimum lot frontage is 7.0 metres per dwelling unit; (ii) The minimum exterior setback is 4.3 metres; and (iii) All exterior openings of a building must be located above the minimum elevation of 76.6 metres geodetic. (b) Single detached houses must comply with the applicable Zone provisions, except: (i) The minimum exterior setback is 4.3 metres; and (ii) All exterior openings of a building must be located above the minimum elevation of 76.6 metres geodetic. E68. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) Single detached houses must comply with the applicable Zone provisions, except: (i) The minimum front setback is 4.5 metres. E69. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 42 (a) Single detached houses must comply with the applicable Zone provisions, except: (i) The minimum rear setback is 4.5 metres, with no part of the principal building being more than 19.0 metres from the front lot line. E70. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) Townhouses must comply with the applicable Zone provisions, except: (i) The minimum lot frontage is 5.5 metres. E71. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) Despite the uses permitted by the applicable Zone, the following use is the only permitted use: (i) townhouse. (b) The maximum number of dwelling units is 40. (c) A planting strip must be provided along the entire length of the south lot line. E72. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) Townhouses must comply with the applicable Zone provisions, except: (i) The minimum lot frontage is 5.4 metres; (ii) The minimum rear setback is 7.6 metres; and (iii) Despite (ii), where the main wall does not contain windows facing the rear lot line, the minimum rear setback is 1.8 metres. E73. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The maximum number of dwelling units is 165. (b) Townhouses must comply with the applicable Zone provisions, except: (i) The minimum lot frontage is 5.4 metres; and (ii) The minimum rear setback is 7.6 metres; and Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 43 (iii) Despite (ii), where the main wall does not contain windows facing the rear lot line, the minimum rear setback is 1.8 metres. (c) Triplexes must comply with the applicable Zone provisions, except: (i) The minimum interior setback is 3.0 metres. (d) Apartment buildings must comply with the applicable Zone provisions, except: (i) The minimum lot frontage is 33.5 metres; (ii) The maximum height is 18.2 metres; (iii) The minimum front setback is 3.0 metres; (iv) The minimum exterior setback is 3.0 metres; (v) The minimum interior setback is the greater of 50% of the building height or 10.6 metres; (vi) Despite (v), where an interior lot line is not adjacent to a lot in an UR1, UR2 or UR3 zone and the main wall does not contain windows facing the interior lot line, the minimum interior setback is 1.8 metres; (vii) The minimum rear setback is the greater of 50% of the building height or 10.6 metres; (viii) Despite (vii), where a rear lot line is not adjacent to a lot in an UR1, UR2 or UR3 zone and the main wall does not contain windows facing the rear lot line, the minimum rear setback is 1.8 metres; and (ix) The minimum landscaped open space is 45%. E74. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) Despite the uses permitted by the applicable Zone, the following uses are the only permitted uses: (i) semi-detached house. E75. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 44 (a) Despite the uses permitted by the applicable Zone, the following uses are the only permitted uses: (i) semi-detached house; and (ii) duplex. E76. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) a minimum 15.0 metre wide planting strip must be provided along the portion of the rear lot line that abuts the OS2 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. E77. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) In addition to the uses permitted by the applicable Zone, the following uses are permitted: (i) restaurant. E78. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The maximum height is 40 metres. (By-Law Number 2022-62; 2024-332) E79. Minister's Zoning Order (MZO): The lands subject to this Exception are subject to Ontario Regulation 768/21. While Ontario Regulation 768/21 is in effect: (a) the subject lands are not subject to the provisions of this By-law; and (b) the provisions of former zoning by-law 8499 that were in effect on the day Ontario Regulation 768/21 came into effect apply. E80. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) In addition to the uses permitted by the applicable Zone, the following uses are permitted in a building and must comply with the provisions of the M1 Zone: (i) Recreation facilities; (ii) Community centre; Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 45 (iii) Creativity centre; (iv) Automobile body shop; (v) Automobile repair shop; (vi) Industrial repair shop; (vii) Towing compound; and (viii) Equipment rental. (b) In addition to the uses permitted by the applicable Zone, outdoor storage is permitted as a principal use and must comply with the following provisions: (i) Maintain a minimum separation distance of 200 metres from the street line adjacent to Princess Street; (ii) Maintain a minimum separation distance of 150 metres from the street line adjacent to Sir John A. Macdonald Boulevard; and (iii) 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, the ground floor of any use other than those specified in E80(a)(iv) to E80(a)(viii) or a lot that is located in any Zone other than an Employment Zone. For clarity, this provision does not require screening of outdoor storage such that views of such outdoor storage would not be available from the second floor and above of other buildings on the subject property. (c) The maximum permitted aggregate gross floor area of all recreation facilities, community centres and creativity centres is 8,200 square metres. (d) Outdoor storage associated with uses permitted by the M1 Zone must comply with the provisions of the M1 Zone. (e) Outdoor storage associated with uses permitted by this Exception in E80(a)(iv) to E80(a)(viii) M1 Zone must comply with the provisions of the M1 Zone and must: (i) Maintain a minimum separation distance of 200 metres from the street line adjacent to Princess Street; (ii) Maintain a minimum separation distance of 150 metres from the street line adjacent to Sir John A. Macdonald Boulevard; and Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 46 (iii) 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, the ground floor of any use other than those specified in E80(a)(iv) to E80(a)(viii) or a lot that is located in any Zone other than an Employment Zone. For clarity, this provision does not require screening of outdoor storage such that views of such outdoor storage would not be available from the second floor and above of other buildings on the subject property. (f) Uses permitted by this Exception in E80(a)(iv) to E80(a)(viii) must comply with the provisions of the M1 Zone and must be provided with a visual screen a minimum height of 1.8 metres in such a manner that the use is not visible from a street, the ground floor of any use other than those specified in E80(a)(iv) to E80(a)(viii) or a lot that is located in any Zone other than an Employment Zone. E81. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) Houses must comply with the Zone provisions applicable to houses, except: (i) Minimum lot area: 417 square metres (ii) Minimum front setback: 4.2 metres (iii) Minimum interior setback: 1.1 metres (iv) Maximum building depth: 14.7 metres (v) Minimum driveway width: 2.6 metres (vi) Minimum drive aisle width: 4.8 metres (vii) Minimum parking space length: 5.2 metres (viii) Minimum walkway: (1) For projections or balconies that are more than 1.2 metres in height above the finished grade and are located on the west side of a dwelling unit, a privacy barrier of a minimum height of 1.5 metres must be provided on the north side of each balcony or projection. (2) Minimum walkway described in Section 4.27 of Zoning By-Law 2022-62 may be 1.1 metres wide. (By-Law 2022-62; 2024-332) E82. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 47 (a) In addition to the uses permitted by the applicable Zone, the following complementary uses are permitted: (i) Personal Service Shops (ii) Retail Stores (iii) Restaurants (b) The maximum permitted height is: (i) For an Institutional Use: 32 metres (ii) For all other permitted uses, including a complementary use or accessory parking structure: 23 metres (c) Complementary uses must comply with the following provisions: (i) The maximum aggregate gross floor area is 500 square metres. (d) There is no planting strip requirement. (e) The minimum length of all parking spaces and accessible aisles is 5.2 metres." (By-Law Number 2022-62; 2022-152) E83. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The zone provisions described in Clause 10.2.2. of this By-law do not apply; (b) The maximum building heights are specified on Figure E83. The maximum building heights may be increased by the greater of: (i) 0.5 metres; and (ii) the percentage of the maximum building height prescribed by the Planning Act; Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 48 (c) The building setbacks are specified on Figure E83. The building setbacks may be varied by the greater of: (i) 5%; and (ii) the percentage of the setback distance prescribed by the Planning Act; (d) The minimum streetwall height for all buildings is 18.7 metres; (e) The minimum floor to floor height of the first storey is 4.5 metres. Residential dwelling units with ground floor access directly from Chatham Street and/or Creighton Street are not subject to this requirement; (f) The minimum setback for a pedestrian bridge to a lot line along Alfred Street is 0.0 metres, and the minimum unobstructed clearance below the pedestrian bridge is 11.0 metres; (g) The minimum parking space requirement for all parking types, excluding accessible spaces, is 0.2 parking spaces per dwelling unit; (h) A minimum of 6 accessible spaces is required; (i) A minimum of 1 loading space is required; (j) The dimension requirements for amenity areas described in Clause 4.3.3. of this By-law do not apply; (k) Vents, flues and exhausts are permitted to 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; (l) Canopies are permitted to project into any required setback a maximum distance of 2.0 metres; (m) Horizontal bike spaces must have dimensions of 0.45 metre wide by 1.8 metres horizontal length, with a minimum vertical clearance of 1.9 metres; (n) Vertical bike spaces must have dimensions of 0.45 metre wide by 1.8 metres vertical length, with a minimum horizontal clearance from the wall of 1.2 metres; Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 49 (o) Stacked bike spaces must have minimum dimensions of 0.45 metre wide by 1.8 metres horizontal length, with a minimum vertical clearance of 1.2 metres; and (p) Figure E83 (By-Law Number 2022-62; 2022-89; 2026-23) E84. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The zone provisions described in Clause 10.2.2. of this By-law do not apply; (b) The maximum building heights are specified on Figure E84. The maximum building heights may be increased by the greater of: (i) 0.5 metres; and (ii) the percentage of the maximum building height prescribed by the Planning Act; Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 50 (c) The building setbacks are specified on Figure E84. The building setbacks may be varied by the greater of: (i) 5%; and (ii) the percentage of the setback distance prescribed by the Planning Act; (d) The minimum streetwall height for all buildings is 10.1 metres; (e) The minimum floor to floor height of the first storey is 4.2 metres; (f) The minimum setback for a pedestrian bridge to a lot line along Alfred Street is 0.0 metres, and the minimum unobstructed clearance below the pedestrian bridge is 11.0 metres; (g) The minimum parking space requirement for all parking types, excluding accessible spaces, is 0.2 parking spaces per dwelling unit; (h) A minimum of 2 accessible spaces is required; (i) A minimum of 1 loading space is required; (j) The dimension requirements for amenity areas described in Clause 4.3.3. of this by-law do not apply; (k) Vents, flues and exhausts are permitted to 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; (l) Canopies are permitted to project into any required setback a maximum distance of 2.0 metres; (m) Horizontal bike spaces must have dimensions of 0.45 metre wide by 1.8 metres horizontal length, with a minimum vertical clearance of 1.9 metres; (n) Vertical bike spaces must have dimensions of 0.45 metre wide by 1.8 metres vertical length, with a minimum horizontal clearance from the wall of 1.2 metres; (o) Stacked bike spaces must have minimum dimensions of 0.45 metre wide by 1.8 metre horizontal length, with a minimum vertical clearance of 1.2 metre; Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 51 (p) A maximum of 18% 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; and (q) Figure E84 (By-Law Number 2022-62; 2022-89; 2026-23) E85. Despite anything to the contrary in this By-Law, the following provisions apply to the lands subject to this Exception: (a) In addition to the uses permitted by the applicable Zone, the following uses are permitted: (i) A Steel Yard (ii) Ancillary Uses Directly Related to a Steel Yard Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 52 (b) For purposes of this section, a "Steel Yard" means the use of any lot, or building for the purpose of the buying, selling and open storage of steel and steel products, but does not include any manufacturing or processing uses or a salvage yard. (c) Outdoor storage (i) Every outdoor storage use shall comply with the yard and setback provisions of Section 5(20) and Section 24(2)(c)(ii) hereof as if such outdoor storage use were a building; (ii) Nothwithstanding paragraph (i) above, no outdoor storage use shall be located in a front yard or exterior yard when located in front of a building; and (iii) Every outdoor storage use shall be enclosed within a fence consisting of at least an eight-wire farm fence and maintained in good condition. Solid privacy fencing is only required where the yard fronts onto a street. (By-Law Number 2022-62; 2022-79) E86. Reserved E87. Reserved E88. Reserved E89. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (q) Permitted Uses: (i) Residential Uses: Single detached house Semi-detached house Duplex Townhouse Linked dwelling (as defined herein). (ii) Non-Residential Uses: A home occupation; A public use (r) Lot frontage (minimum) Corner Lot Other Lot Single detached house 10.3 metres 9.0 metres Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 53 Semi-detached house 8.8 metres 7.5 metres Townhouse 8.6 metres 6.1 metres Duplex 10.3 metres 9 metres Linked dwelling house 11.2 metres 9 metres (s) Front Setback (minimum) 3 metres. (t) Exterior Setback (minimum) 2.4 metres (u) Interior Setback (minimum) 1.2 metres Where a minimum interior setback of 1.2 metres is provided in one interior yard, the other interior setback is reduced to 0.6 metres, except that no setback is required for a side that is attached to another residential building. Where no attached garage is provided, one interior setback must be a minimum of 3.0 metres. (v) Rear Setback (minimum) 6.0 metres (w) Driveway Width: Maximum driveway width as measured at the lot line shall be 6.0 metres or 50% of lot frontage, whichever is less with the exception of townhouses, where a maximum driveway width of 3.5 metres is permitted. (x) Sight Triangles: Sight triangles shall be measured 3.5 metres from the point of intersection of the street lines (y) Minimum Lot Area Not Applicable (z) Maximum Lot Coverage Not Applicable (aa) Private Garage The wall of an attached private garage that contains the opening for vehicle access shall be set back a minimum of 6.0 metres from the lot line that the driveway crosses to access the attached private garage (bb) Definitions Linked dwelling house: means one of two or more dwelling units linked by a common underground masonry footing, each of which has an independent entrance directly from the outside but does not include any other residential building otherwise defined in this By-law. For the purposes of this section, a linked dwelling house shall be deemed to be a type of residential building. Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 54 (cc) Environmental Protection Area Notwithstanding provision '(f), where a lot abut a Protected Open Space Zone (OS1), the minimum rear setback is 12.0 metres and no accessory uses are permitted within 12.0 metres of the rear lot line. (By-Law Number 2022-62; 2022-94) E90. Reserved E91. Despite anything to the contrary in this By-Law, the following provisions apply to the lands subject to this Exception: (a) Maximum height: (i) Flat roof: 10.0 metres (ii) Other roof: 13.0 metres (b) Yard depth (minimum): Where a lot has an exterior setback or interior setback of 6.0 metres or greater, a minimum rear setback of 2.0 metres will be provided. (c) Decks and porches must comply with the following provisions: (i) Maximum area: 50% of the yard in which it is located (ii) Minimum front yard setback: 1.0 metres (iii) Minimum interior setback: (1) Semi-detached house and townhouse: Must comply with the zone provisions, except along a common party wall where there is no minimum setback required, provided there is a common privacy fence that is a minimum of 1.5 metres tall. (2) All other uses: Must comply with the zone provisions (iv) Minimum exterior setback: 1.0 metre (v) Minimum rear setback: 2.0 metres" (d) Required number of parking spaces: Notwithstanding anything in Section 7.1.1 to the contrary, for a common element townhouse, a maximum of 2.0 parking spaces per dwelling unit is permitted. (e) Driveway width: The maximum cumulative width of all driveways on a lot within the required front setback or exterior setback is the lesser of: (i) 6.0 metres; or Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 55 (ii) 50% of the length of the applicable street line, provided that the minimum width of the driveway is 3.0 metres. (f) Density: The minimum density is 27.0 dwelling units per net hectare of land, excluding lands used for public streets and public walkways. The minimum density applies in the aggregate across all lands subject to Exceptions E91 and E92. (g) Special Provision: The total number of townhouse dwellings shall not be less than 42 percent of the total number of dwelling units within the registered plan of subdivision." (By-Law Number 2022-62; 2022-158) E92. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) Maximum permitted height: 9.5 metres (b) Yard depth (minimum): Where a lot has an exterior setback or interior setback of 6.0 metres or greater, a minimum rear setback of 2.0 metres will be provided. (c) Decks and porches must comply with the following provisions: (i) Maximum area: 50% of the yard in which it is located (ii) Minimum front setback: 1.0 metre (iii) Minimum interior setback: (1) Semi-detached house and townhouse: Must comply with the zone provisions, except along a common party wall where there is no minimum setback required, provided there is a common privacy fence that is a minimum of 1.5 metres tall. (2) All other uses: Must comply with zone provisions (iv) Minimum exterior setback: 1.0 metre (v) Minimum rear setback: 2.0 metres (d) Required number of parking spaces: Notwithstanding anything in Section 7.1.1 to the contrary, for a common element townhouse, a maximum of 2.0 parking spaces per dwelling unit is permitted. (e) Driveway width: The maximum cumulative width of all driveways on a lot within the required front setback or exterior setback is the lesser of: (i) 6.0 metres; or Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 56 (ii) 50% of the length of the applicable street line, provided that the minimum width of the driveway is 3.0 metres. (f) Density: The minimum density is 27.0 dwelling units per net hectare of land, excluding lands used for public streets and public walkways. The minimum density applies in the aggregate across all lands subject to Exceptions E91 and E92." (By-Law Number 2022-62; 2022-158) E93. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) Notwithstanding the permitted uses of the EPA Zone, the lands will not be used for any purpose other than conservation use and/or passive recreation use." (By-Law Number 2022-62; 2022-158) E94. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) Notwithstanding the permitted uses of the OS.2 Zone, the lands shall not be used for any purpose other than a park use." (By-Law Number 2022-62; 2022-158) E95. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) Notwithstanding the permitted uses of the OS.2 Zone, the lands will not be used for any purpose other than a park, recreation facility and/or stormwater management infrastructure use." (By-Law Number 2022-62; 2022-158) Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 57 "E96. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) Definitions i. Live-Work Unit: A dwelling unit that contains a workplace component used and operated by one or more persons residing in the dwelling unit. The workplace component can include: creativity centre; bakery; wellness clinic; day care centre; home occupation; personal service shop; office; or a commercial use similar in scale and impact to the aforementioned uses. (b) Permitted Uses: i. Mixed Use Building, where the permitted non-residential uses are those identified in (c) below and limited to a maximum of 5,000 square metres ii. Live-Work Units within a Mixed Use Building (c) Permitted Commercial Uses within a Mixed Use Building: i. Day Care Centre ii. Laundry Store iii. Fitness Centre iv. Grocery Store v. Wellness Clinic vi. Office vii. Personal Service Shop viii. Retail Store ix. Restaurant (d) Regulations i. Building Height: the maximum permitted building height is as shown on Figures 'E96-1', 'E96-2', 'E96-3' and 'E96-4' to this By- law, subject to the provisions of subsection (ii) allowing for variations in the building footprint and articulation from that shown on Figures 'E96-1', 'E96-2', 'E96-3' and 'E96-4'. For clarity, the maximum height of each portion of the building is as follows: 1) 4 storey height limit: 16 metres 2) 5 storey height limit: 20 metres Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 58 3) 6 storey height limit: 24 metres 4) 8 storey height limit: 32 metres ii. Height Exemptions: height limits identified in (i) shall not apply to prevent the erection of decorative, functional, or mechanical elements approved under the Site Plan Agreement or required for the normal operations of the building and permitted uses, including but not limited to the following: window washing equipment, lighting fixtures, ornamental elements, lightning rods, parapets, trellises, eaves, window sills, guardrails, balustrades, railings, stairs, stair enclosures, wheel chair ramps, vents, mechanical equipment and/or mechanical penthouse, ventilating equipment, landscape and green roof elements, solar panels, amenity area features, partitions dividing outdoor amenity areas, wind mitigation features, chimney stack, exhaust flues, garbage chute overrun, antennae, mast and public art elements. For clarity, this includes allowances for architectural elements such as clock towers, false facades providing vertical articulation and similar such features. iii. Ground Floor Uses: 1) Within the areas identified as "Mandatory Ground Floor Commercial" on Figures 'E96-1', 'E96-2', 'E96-3' and 'E96-4' to this By-law, the ground floor area of the building shall only be used for the Commercial Uses identified in (c) 2) Within the areas identified as "Flex Commercial" on Schedule A3-1 to the By-law, the ground floor and second floor area of the building may be used for Live-Work Units and for those Commercial Uses identified in (c). iv. Minimum height of the first storey: the following minimum floor- to- ceiling heights must be provided: 1) Areas of Mandatory Ground Floor Commercial: 3.65 m 2) Areas of Flex Commercial: 3.65 m 3) Residential: 3.0 m Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 59 v. Minimum setback requirements are shown on Figures cE96-1', cE96-2', 'E96-3' and 'E96-4' to this By-law and as per paragraph (vii), with a maximum 5% variance on noted dimensions permitted except that the minimum separation distance from the high water mark will not be reduced to less than 30 metres. vi. Projections into Required Setbacks: balconies, banding, solar shading, canopies, barrier free ramps, stairs, and similar features shall be permitted to project into required setbacks, if approved under a Site Plan Control Agreement and provided that the minimum separation distance from the high water mark is not reduced to less than 30 metres. vii. Building Articulation: a minimum of 10% and a maximum of 50% of the building façade shall be set back 0.3 metres from the outermost wall of the building along each frontage. Building articulation may include inset balconies. viii. Floor Space Index (maximum): 4.45 ix. Landscaped Open Space (minimum): 20% of the total lot area x. Density: 1) For the lands zoned for development, the maximum number of dwelling units permitted is 1670 2) Dwelling units within Live-Work Units are not included as part of the total density xi. Parking: 1) Despite the provisions of Section 7.1.15 and 7.1.19, in addition to the required number of parking spaces, an additional 0.1 parking spaces per dwelling unit is permitted where such additional parking spaces are electric vehicle ready. 2) Of the required per unit parking, 20% is required to be electric vehicle ready. 3) Live-Work Units are subject to the same standards as dwelling units within a mixed-use building. 4) A minimum of 10 car share spaces must be provided per phase as shown on Figures 'E96-1', 'E96-2', 'E96-3' and 'E96-4'. 5) A maximum of 10% of parking spaces may have a reduced depth of 5.2 metres. Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 60 xii. Bike Spaces: 1) Commercial (minimum): 3.0 bike spaces, plus 0.2 bike spaces per 100 square metres of gross floor area, applied as a cumulative standard for all Commercial gross floor area 2) Live-Work (minimum): 1.0 bike space per live-work unit 3) Design Standards: (a) Horizontal bike space: 1.8 metres long x 0.3 metres wide x 2.1 metres high (b) Vertical bike space: 1.8 metres long x 0.6 metres wide x 1.9 metres high (c) Stacked bike space: 1.8 metres long x 0.6 metres wide x 1.2 metres high 4) Location: Maximum of 10% of required bike spaces may be located in a non-weather protected location outside of building entrances. xiii. Loading space: 1) Number of loading spaces (minimum): 1 per phase as shown on Figures 'E96-1', 'E96-2', 'E96-3' and 'E96-4' 2) Location: may be located in a yard abutting a street in accordance with an approved Site Plan xiv. Off-site Parking: required parking spaces may be provided within 60 metres of the subject lands Lands within this zone indicated as Phase 1 and Phase 3 on Figures 'E961' and 'E96-3' are within a Class 4 Area as defined in the Ontario Ministry of the Environment Publication NPC-300 Environmental Noise Guideline. See Figures E96-1; E96-2; E96-3 and E96-4 below Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 61 Figures: E96-1 Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 62 Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 63 Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 64 E96-4 (By-Law Number 2022-62; 2025-295) Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 65 E97. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) For clarity, a supportive housing provider is permitted to use a dwelling unit as an office to provide supportive services to residents of the building. (b) The maximum permitted height is 34.0 metres. (c) The maximum residential density is 176 dwelling units per net hectare. (d) Mechanical and service equipment penthouses, elevator or stair penthouses are permitted to cover a maximum of 18% of the roof area on which they are located, in the aggregate, and must be set back a minimum of 2.2 metres from the edge of the roof. (e) A maximum of 35% of the horizontal length of each face of the main wall of each storey may be occupied by balconies. (f) The minimum required setback from the lot line adjacent to a main line railway right-of-way to a parking structure is 13 metres. For clarity, amenity area can be located on top of this parking structure. (g) The minimum required number of parking spaces is 0.65 parking spaces per dwelling unit. (h) The maximum width of a driveway within the required front setback is 8.0 metres. (i) A maximum of 1 parking space may be located in the front yard. (j) The minimum dimensions of a loading space are 3.5 metres wide by 6.0 metres long, with a minimum vertical clearance of 4.2 metres. (k) If a loading space is located at least 30.0 metres from a front lot line, no additional visual screen will be required. (l) The lands subject to this Exception are within a Class 4 Area, as defined in the Ontario Ministry of the Environment Publication NPC-300 Environmental Noise Guideline. (By-Law Number 2022-62; 2022-180) Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 66 E98. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: a) Minimum setback from a woodland, as shown on Figure E98 - 5 metres, as measured from the dripline. b) Minimum setback from a wetland, as shown on Figure E98 - 30 metres c) Despite Sections 4.23 and 6.5, a marine facility is prohibited in a yard abutting a shoreline or waterbody, or within the waterbody. d) Definition (i) Dripline: The outermost circumference of the tree's canopy, from which water drips onto the ground. The dripline area is taken to include the soil and roots that lie within that circumference." (By-Law 2022-62; 2022-178) e) Figure E98 Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 67 E99. Despite anything to the contrary in this By-Law, the following provisions apply to the lands subject to this Exception: (a) In addition to an apartment building, a park, outdoor gallery and museum are also permitted (b) A minimum of 157.9 square metres (1,700 square feet) of lot area must be devoted to the park, outdoor gallery and museum (c) No food concessions or retail stores are permitted as part of the museum use (d) Appurtenances are not considered a building (e) The maximum height of a building is 20 metres (f) The minimum rear setback is 4 metres (g) For balconies, the maximum horizontal projection from the main wall is 4.6 metres (h) Communal amenity area must be aggregated into one area or grouped into an area of not less than 40 square metres (i) A cupola, occupying less than 10% of the roof area, is permitted above the maximum height projection on the building it is located (j) A maximum of 2.1 parking spaces per dwelling unit is permitted (k) A maximum of 15 surface parking spaces is permitted (l) The minimum length of all parking spaces and accessible aisles is 5.2 metres and the minimum width of a Type B accessible space is 2.6 metres (m) The maximum driveway width is 7.2 metres (By-Law 2022-62; 2022-181) E100. Despite anything to the contrary in this By-Law, the following provisions apply to the lands subject to this Exception: (a) In addition to the permitted uses of the URM4 Zone, a special needs facility is permitted as a primary use (b) In addition to the permitted uses of the URM4 Zone, a personal service shop and wellness clinic are permitted as complementary uses Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 68 (c) No part of the building will exceed the height limits, in metres, shown on Figure E100, with a maximum 5% variance on noted dimensions permitted (d) The minimum rear setback is 2.5 metres (e) The maximum density is 245 units per net hectare (f) Balconies may project up to 3.5 metres from the main wall and shall are not subject to the maximum horizontal length of the main wall face provision of Clause 4.20.12. (g) A minimum of 10 square metres of amenity space is required per dwelling unit. The minimum communal amenity space area in Clause 4.3.4. does not apply (h) A mechanical penthouse is permitted to project a maximum of 5 metres above the permitted height, with a maximum area of 15% of the roof area on the north building and a maximum of 25% on the south building, and a minimum setback of 0 metres from the edge of the roof, as shown in Figure E100 Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 69 (i) A minimum of 0.6 parking spaces per apartment building dwelling unit is required and a minimum of 0.3 parking spaces per special needs facility dwelling unit is required (j) A maximum of 28 surface parking spaces is permitted. There is no restriction on the number of underground parking spaces (k) The minimum length of all parking spaces and accessible aisles is 5.2 metres and the minimum width of a Type B accessible space is 2.6 metres (l) The maximum drive aisle width is 7.2 metres (m) A total of 12 short term bicycle spaces are required (n) The long-term bicycle parking requirements of Clause 7.3.7., short term bicycle parking requirements of Clause 7.3.9., horizontal bicycle space dimensions of Clause 7.3.10., vertical bicycle space dimensions of Clause 7.3.11., stacked bicycle space dimensions of Clause 7.3.12., and enhanced bicycle parking facilities for multi-unit residential buildings of Clause 7.3.13. do not apply (By-Law 2022-62; 2022-181) E101. Despite anything to the contrary in this By-Law, the following provisions apply to the lands subject to this Exception: (a) A hotel is a permitted principal use (b) The following complementary commercial uses are permitted, but will not exceed 25% of the gross floor area of the building in which they are located, in the aggregate: - retail store; - restaurant; - personal service shop; - wellness clinic; - animal care; - office; - club; and - fitness centre. Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 70 (c) The maximum building height is 40 metres, or up to 10 storeys, excluding mechanical penthouse (d) The minimum rear setback is 30 metres (e) A minimum of 10 square metres of amenity space is required per dwelling unit and communal amenity areas may be aggregated into spaces which are not less than 40 square metres in area (f) A mechanical penthouse is permitted to project a maximum of 5 metres above the permitted height, with a maximum area of 15% of the roof area on which it is located (g) A minimum of 0.9 parking spaces are required per hotel guest room (h) A maximum of 22 surface parking spaces is permitted. (i) The minimum length of all parking spaces and accessible aisles is 5.2 metres and the minimum width of a Type B accessible parking space is 2.6 metres (j) Vehicular access is permitted by a shared driveway located within 50 metres of the site (k) A minimum of one commercial loading space is required (By-Law 2022-62; 2022-181) E102. Despite anything to the contrary in this By-Law, the following provisions apply to the lands subject to this Exception: (a) Only the following uses are permitted: - museum; and - park (b) The minimum front setback is 9 metres Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 71 (c) The minimum side yard setback is 3 metres (d) The minimum rear setback is 3 metres (e) The maximum height is 4.6 metres. (f) No food concessions or retail stores are permitted as part of the museum. (By-Law 2022-62; 2022-181) E103. Reserved E104. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The minimum lot frontage for a corner lot is 7.3 metres; (b) The minimum exterior setback for lots abutting a private street is 1.2 metres; (c) The minimum interior setback is 1.1 metres; (d) The minimum rear setback is 5.4 metres, except where a common party wall is located along a lot line, in which case the minimum rear setback is 0 metres; (e) The maximum height is 10.8 metres; (f) The minimum landscaped open space for townhouse dwellings that share both a side and rear common party wall is 15%; (g) The minimum parking space length is 5.2 metres; (h) The maximum width of a driveway within the required front yard depth is 3.7 metres; (i) The maximum number of parking spaces is 2.0 parking spaces per dwelling unit; (j) The minimum number of electric vehicle ready parking spaces is 1.0 per dwelling unit; (k) The minimum number of electric vehicle ready parking spaces for visitor spaces is 2.0; (l) Walkways to access principal dwelling units are not required to be provided from the street line to the main exterior entrance, or to stairs leading to the main exterior entrance; Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 72 (m) The Enhanced Bike Parking Facilities requirements as described in Clause 7.3.13. do not apply; (n) Watercourse setbacks (i) For lots on which an identified watercourse is located, the following provisions apply: (1) Within an interior yard, no building may be located within 3.5 metres of a watercourse; and (2) Within a rear yard, no building may be located within 6 metres of a watercourse. (By-Law Number 2022-62; 2022-191) E105. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: 1) Additional Permitted Uses: Special needs facility. 2) Minimum Setbacks: a) The following setbacks apply to the building existing on the date of passing of this By-law: i) North side (rear setback): 3.9 metres ii) East side (interior setback): 0.45 metres iii) South side (interior setback): 0.17 metres b) Despite paragraph (a) above, any redevelopment of the lands subject to this Exception must comply with the UR13 zone setback requirements. 3) The planting strip requirements for non-residential uses under Section 4.16 of this By-law do not apply to a special needs facility. 4) For the purposes of calculating the minimum required landscaped open space, the lot area subject to this Exception is 1675 square metres, pursuant to Clause 1.9.3. of this By-law." (By-Law Number 2022-62; 2022-190) E106. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) In addition to Section 16 of this by-law, additional permitted uses shall also include: Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 73 (i) The maximum gross floor area for all complementary uses on site is 25% of all buildings. (ii) The following complementary uses are permitted: - fitness centre; - financial institution; - personal service shop; - restaurant; - retail store; - wellness clinic - recreation facility - research establishment - laboratory (By-Law Number 2022-62; 2023-4) E107. Despite anything to the contrary in this By-Law, the following provision applies to the lands subject to this Exception: a) residential uses are prohibited (By-Law Number 2022-62; 2023-56) E108. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) Maximum building depth: 21 metres (b) Minimum driveway or drive aisle width where the Parking Space is oriented perpendicular to the drive aisle: 6.0 metre drive aisle. (By-Law Number 2022-62; 2023-46) E109. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) Maximum height: 5 storeys, not to exceed 13.6 (b) Minimum stepbacks: storey 5: minimum 4.0 metres from the front and rear wall of the 4th storey (c) Minimum front setback: 2.0 metres (d) Minimum interior setback: 1.18 metres (e) Maximum building depth: 30.6 metres (f) Maximum density: 117 dwelling units per net hectare (g) Maximum number of bedrooms is 21 (h) A balcony may not project into an interior yard Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 74 (i) A porch may encroach into a required front setback provided that such porch must be setback a minimum of 1.3 metres from the front lot line. (j) Exterior stairs may encroach into a required front setback provided that such porch must be setback a minimum of 1.3 metres from the front lot line. (k) Parking requirements: (i) A minimum of 2 parking spaces are required. (ii) A minimum of 0 visitor spaces are required. (iii) A minimum of 0 accessible spaces are required. (l) Bike Parking Requirements: (i) A minimum of 10 long-term bike spaces are required. (ii) A minimum of 2 short-term bike spaces are required. (m) Additional permitted uses: stacked townhouse (By-Law Number 2022-62; 2023-57) E110. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The following definitions apply for the purposes of Exception Number E110 only: (i) Apartment building means any building with 4 or more dwelling units that is not otherwise defined. (ii) Mixed residential building means a building containing both stacked townhouse and apartment building uses. (b) In addition to the uses permitted by the URM2 Zone a mixed residential building is permitted. (c) The lands within Exception Number E110 may contain a maximum of 5 principal buildings, which may include a maximum of 1 apartment building, 1 mixed residential building, 2 stacked townhouse buildings and 1 townhouse building. (d) The lands located within Exception Number E110 are considered one lot for the purposes of calculating landscaped open space, maximum lot coverage, and maximum density. Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 75 (e) The maximum density is 73 units per net hectare. (f) The minimum setback from the boundaries of Exception Number E110 to any portion of a principal building is as follows: (i) North boundary: 15 metres (ii) East boundary: 9 metres (iii) South boundary: 6.9 metres (iv) West boundary: 7.5 metres (g) Despite paragraph (f) above, the minimum setback of a mixed residential building to the south boundary is 70 metres. (h) Despite paragraph (f) above, the minimum setback of a stacked townhouse to the south boundary is 25 metres. (i) Despite paragraph (f) above, the minimum setback of a stacked townhouse to the west boundary is 16 metres. (j) Despite Section 3, for any lot containing a stacked townhouse or mixed residential building, all lot lines are interior side lot lines. (k) For any lot containing a stacked townhouse or mixed residential building, there is no minimum lot frontage, minimum front setback, or minimum rear setback. (l) The maximum height of a stacked townhouse is 13.7 metres. (m) The minimum height of a mixed residential building is 6 metres. (n) The maximum height of a mixed residential building is 20.5 metres. (o) The minimum interior setback for all uses is 1.2 metres, except for a townhouse building along a common party wall, where no interior setback is required. (p) The minimum front setback for a townhouse building is 2.7 metres. (q) Despite paragraph (p) above, the minimum setback for a townhouse building from a front lot line to a private garage is 6 metres. Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 76 (r) The minimum rear setback for a townhouse building is 6.9 metres. (s) The minimum lot area for a townhouse building is 165 square metres. (t) Projections Above Maximum Height (i) Despite Clause 4.18.2, for stacked townhouses the identified building components may have a maximum area of 35% of the roof area on which they are located, in aggregate, and may be setback from the edge of the roof a minimum of 0.2 metres. (ii) Despite Clause 4.18.2, for mixed residential buildings the identified building components include enclosed amenity space and may project a maximum of 4.0 metres above the maximum permitted height and may have a maximum area of 35% of the roof area on which they are located, in aggregate. A maximum of 25 metres of the identified building components may have a 0-metre setback from the edge of the roof, with the remaining components required to be setback a minimum of 2 metres from the edge of the roof. (u) Decks and Porches (i) Despite paragraph (i) above, a patio, deck and/or balcony may project from a stacked townhouse up to 4 metres into the required west boundary setback along the entire main wall of the building. (ii) Despite 4.20.1, a deck connected to the rear wall of an apartment building may have a maximum horizontal projection 0f 4.5 metres. For clarity, the maximum horizontal length provision of 40.2.1.2 does not apply. (v) Parking and Bike Parking (i) The minimum width of a surface drive aisle, including a ramp, is 6 metres. (ii) Parking associated with an apartment building may be located in the front yard. (iii) Despite paragraph 7.3.10(i), horizontal bike spaces may have minimum dimensions of 0.3 metres wide by 1.8 metres Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 77 horizontal length, with a minimum vertical clearance of 1.9 metres. (iv) Despite paragraph 7.3.11(i), vertical bike spaces may have minimum dimensions of 0.2 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. (By-Law Number 2022-62; 2023-72) E111. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The following complementary uses are permitted, up to a maximum of 25% of the total gross floor area, in the aggregate: (i) Financial Institution (ii) Wellness Clinic (iii) Place of Worship (iv) Day Care Centre (v) Fitness Centre (vi) Recreation Facility (vii) Animal Care (viii) Animal Shelter (ix) Personal Service Shop (x) Restaurant (xi) Banquet Hall (By-Law Number 2022-62; 2023-71) E112. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The maximum number of dwelling units is 20; (b) The maximum height of a principal building is 10.7 metres; Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 78 (c) The following setbacks apply to the buildings existing on the date of passing of this By-law: i. The minimum rear setback is 4.1 metres; ii. The minimum interior setback from the western lot line is 3.7 metres; (d) Despite the above setback requirements, any redevelopment of the lands subject to this Exception must comply with the URM2 zone setback requirements. (e) The maximum number of principal buildings per lot is 2. (f) Parking spaces oriented perpendicular to a drive aisle may be accessed by a minimum 6.0 metre access easement in favour of the lands; and (g) The enhanced bike parking facilities requirements as described in Clause 7.3.13. do not apply. (By-Law 2022-62; 2023-97) E113. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The minimum lot area is 0.2 hectares; and (b) The minimum lot frontage is 33 metres. (By-Law 2022-62; 2023-96) Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 79 E114. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The maximum building heights are specified on Figure E114, with a maximum 2% variance on noted dimensions permitted; (b) The building setbacks are shown on Figure E114, with a maximum 5% variance on noted dimensions permitted; (c) The maximum tower floorplate is 800 square metres; (d) The height and coverage provisions for the mechanical penthouse and service equipment penthouse, elevator or stairway penthouse, and enclosed building components providing tenants with access to the rooftop amenity areas is to be constructed in accordance with Figure E114; (e) The maximum number of dwelling units is 192; (f) A minimum of 6 square metres of amenity area must be provided per dwelling unit; (g) The use of the fourth floor roof as communal outdoor amenity area is prohibited, but may be used as a private amenity area extending a maximum of 2 metres from the tower; (h) Any furniture or structures within an outdoor patio will be set back a minimum of 0.5 metres from the street line; (i) The required minimum number of parking spaces is 0.18 parking spaces per dwelling unit. There is no requirement for car share spaces or visitor spaces; (j) The minimum drive aisle width for the underground parking garage is 6 metres where the parking space is perpendicular to the drive aisle; (k) Horizontal bike parking must have minimum dimensions of 0.4 metres wide by 1.6 metres long, with a minimum vertical clearance of 1.2 metres; (l) Stacked bike parking must have minimum dimensions of 0.4 metres wide by 1.6 metres horizontal length, with a minimum vertical clearance of 1.2 metres; and (By-Law Number 2022-62; 2023-221 order by OLT-22-004553) Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 80 (m) Figure E114 (By-Law Number 2022-62; 2023-221 order by OLT-22-004553) Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 81 E115. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The minimum lot area is 120 square metres; and (b) The minimum frontage is 5.3 metres." (By-Law 2022-62; 2023-121) E116. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (o) General Provisions (i) The lands subject to this Exception are deemed to be one lot for the purposes of interpreting zoning provisions; (ii) For purposes of interpreting zoning provisions, the lot lines are as specified on Figure E116; (iii) The maximum building heights and minimum setbacks are specified on Figure E116; (iv) A minimum 2.0 metre wide planting strip must be provided as shown on Figure E116; (v) Figure E116: Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 82 (vi) A maximum of 1 apartment building and 10 stacked townhouse buildings are permitted on one lot; (vii) The minimum lot area provision does not apply; (viii) The maximum height of an accessory building is 7.0 metres; (ix) Gardiners Road and Bigham Court will be connected by a walkway along the northern interior yard that is at least 1.5 metres wide throughout. The walkway must be unobstructed and uninterrupted, except where crossing a 1.5 metre deep turnaround area at the end of a driving aisle; (x) The minimum drive aisle width is 6.0 metres; (xi) The minimum separation distance from visitor parking spaces and car-share spaces to the front lot line is 5.0 metres; (xii) A maximum of 3 accessible parking spaces that are not visitor spaces may be located within the front yard; Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 83 (xiii) The lands subject to this Exception are within a Class 4 Area, as defined in the Ontario Ministry of the Environment Publication NPC- 300 Environmental Noise Guideline; (p) Apartment building (i) The maximum number of dwelling units is 209 dwelling units; (ii) The maximum percentage of wall occupied by balconies for the north side of the apartment building (inner courtyard facades) is 39%, and for the east side of the apartment building, is 36%; (iii) The minimum number of car-share spaces is 2 spaces; (iv) The minimum number of visitor spaces is 8 spaces; (q) Stacked townhouse buildings (i) The maximum number of dwelling units is 94 dwelling units; (ii) Each stacked townhouse building may contain one associated porch over 1.2 metres above grade that has a maximum surface area of 140 square metres; (iii) The minimum distance separation between stacked townhouse buildings is 3.0 metres; (iv) The minimum number of car-share spaces is 1 space; (v) The minimum number of visitor spaces is 4 spaces; (vi) The minimum number of long-term bike spaces is 1 space per dwelling unit; (vii) The minimum number of short-term bike spaces is 0 spaces per dwelling unit; and, (viii) The enhanced bike parking facilities described in Clause 7.3.13. do not apply. (By-Law 2022-62; 2023-148 Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 84 E117. Despite anything to the contrary in this By-Law, the following provisions apply to the lands subject to this Exception: (a) General Provisions (i) The maximum number of buildings permitted is 3; (ii) The minimum number of car-share spaces is 2; (iii) The minimum number of visitor spaces is 8; (iv) The minimum drive aisle width is 6 metres; (v) One exterior amenity area may be exempted from clause 4.3.3., which requires that amenity areas must be designed and located so that the length does not exceed four times the width; (vi) Parking spaces, drive aisles and driveways must not be located within 20 metres of a railway right-of-way; (vii) The buildings are labelled in Figure E117; and Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 85 (viii) Figure E117 (b) Building A (i) The maximum height is 19 metres; (ii) The maximum floor plate is 1120 square metres. The floor plate includes all areas enclosed within exterior walls, including hallways, elevators, stairs, mechanical shafts, and all similar components. For clarity, balconies are not included in the calculation for the floor plate; (iii) The maximum number of dwelling units is 63; and (iv) The minimum interior setback is 11.0 metres. (c) Building B (i) The maximum height is 19 metres; (ii) The maximum floor plate is 1120 square metres. The floor plate includes all areas enclosed within exterior walls, including hallways, elevators, stairs, mechanical shafts, and all similar components. For clarity, balconies are not included in the calculation of the floor plate; (iii) The maximum number of dwelling units is 63; Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 86 (iv) The minimum setback to the northern interior lot line is 13.0 metres; and (v) The minimum setback to the western interior lot line is 7.0 metres. (d) Building C (i) The minimum front setback is 3.8 metres; (ii) The minimum interior setback is 5 metres; (iii) The maximum number of dwelling units is 4. (By-Law 2022-62; 2023-163) E118. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The only permitted use is a single detached house. (b) The minimum front setback is 0.5 metres. (c) The maximum lot coverage is 30%. (d) The maximum building height is 8.5 metres. (By-Law 2022-62; 2023-134) E119. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The only permitted use is a single detached house. (b) The minimum number of dwelling units per lot is 2. (c) The minimum front setback is 0.5 metres. (d) The maximum lot coverage is 30%. (e) The maximum building height is 8.5 metres. (By-Law 2022-62; 2023-134) E120. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The only permitted use is a single detached house. (b) The minimum front setback is 0.5 metres. (c) The minimum aggregate of interior setbacks for interior lots is 3.0 metres. (d) The maximum lot coverage is 30%. Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 87 (e) The maximum building height is 8.5 metres. (f) The private street as shown on the plan of subdivision is intended for vehicular access only for the properties subject to this Exception. The only permitted use for this block of land is a private street. (g) The front lot line is the lot line that abuts a public street. (By-Law 2022-62; 2023-134) E121. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) A duplex is a permitted use, and a maximum of two (2) duplexes are permitted; (b) The minimum front setback for a duplex is 1.7 metres; (c) The minimum interior setback for a duplex is 0.7 metres from the north interior lot line; (d) The minimum interior setback for a duplex is 1.1 metres from the south interior lot line; (e) The minimum front setback for a deck or porch is 0 metres; (f) The minimum width of a drive aisle perpendicular to a parking space is 5.3 metres where there is a minimum 2.1 metre deep turnaround area; (g) The minimum interior setback for a balcony projecting from a duplex is 1.7 metres from the west interior lot line; (h) The minimum interior setback for an accessory building containing an air conditioning unit is 0.5 metres from the west interior lot line where there is a minimum 1.8 metres high wood fence; (i) A minimum of 8 long-term bike spaces are required for two (2) duplexes; and (j) Where a horizontal bike space is provided adjacent to and in the same orientation as another horizontal bike space, the minimum width for each horizontal bike space is 0.45 metres. (By-Law Number 2022-62; 2023-147) Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 88 E122. Despite anything to the contrary in this By-Law, the following provisions apply to the lands subject to this Exception: (a) A lot that does not have a lot line which is also a street line is permitted to be used or developed where such lot has deeded access to a right-of-way with direct access from a street. (b) The westernmost lot line is deemed to be the front lot line, the easternmost lot line is deemed to be the rear lot line, and all other lot lines are deemed to be interior lot lines. (c) The maximum number of dwelling units is 338 units. (d) The minimum lot area is 15,000 square metres. (e) The maximum height is the lesser of 25 metres and 6 storeys, excluding basement storeys. (f) The minimum streetwall height does not apply. (g) The minimum front setback is 30 metres. (h) The minimum rear setback is 20 metres. (i) The minimum interior setback is 5.5 metres. (j) The minimum setback from a railway right-of-way is 15 metres. A landscaped berm is not required within this setback. (k) The minimum landscaped open space is 30%. (l) The maximum lot coverage is 35%. (m) The maximum floor space index is 2.0. (n) Parking spaces may be located in any yard. Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 89 (o) A maximum of 17 short term bike spaces are permitted to be located in the underground parking area. (p) The enhanced bike parking facilities described in Clause 7.3.13. do not apply. (q) The minimum parking space length is 5.2 metres. (r) The minimum drive aisle width is 6 metres. (s) The 1 metre radius between parking spaces and the required turnaround area described in Clause 7.4.5. do not apply. (t) The additional width required for parking spaces next to fixed objects as described in Clause 7.4.9.1. does not apply. (u) A maximum of 50% of the horizontal length of each face of the main wall of each storey may be occupied by balconies. (v) The lands subject to this Exception are within a Class 4 Area, as defined in the Ontario Ministry of the Environment Publication NPC-300 Environmental Noise Guideline. (By-Law 2022-62; 2023-157) E123. Despite anything to the contrary in this By-Law, the following provisions apply to the lands subject to this Exception: (a) The minimum exterior setback for a common element townhouse abutting a private street is 1.4 metres; (b) The minimum rear setback for a townhouse is 5.5 metres; (c) Despite subsection 1.3(b) of this By-Law, the following minimum rear setbacks apply to the specified lots on Figure E123: (i) The minimum rear setback for Lot 62 is 5.3 metres; (ii) The minimum rear setback for Lot 63 is 5.0 metres; (iii) The minimum rear setback for Lot 66 is 5.2 metres; Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 90 (iv) The minimum rear setback for Lot 67 is 4.3 metres; (v) The minimum rear setback for Lot 69 is 5.2 metres; (vi) The minimum rear setback for Lot 70 is 4.5 metres; and (vii) The minimum rear setback for Lot 71 is 4.0 metres; (d) Figure E123 (e) The minimum parking space length in a driveway providing access to a private street is 5.4 metres; (f) The minimum required setback from a private garage to the private street line where the driveway gains access to a private street is 5.4 metres; Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 91 (g) Where a common element townhouse has an attached private garage the bike parking requirements in Table 7.3.1. of the Kingston Zoning By-Law do not apply to a principal dwelling unit; and (h) The required long-term bike space for an additional residential unit is permitted to be a vertical bike space, and located in either a common vestibule or within a required parking space in a private garage. (i) Where two or more vertical bike spaces are provided, the minimum width is 0.3 metres. (By-Law Number 2022-62; 2023-190) E124. Despite anything to the contrary in this By-Law, the following provisions apply to the lands subject to this Exception: (a) The maximum building height is 13.32 metres. (b) The minimum rear setback is 10.5 metres. (c) The minimum side yard setback on the north side is 14.5 metres. (d) The minimum long-term bike space requirement is 28 spaces, where up to 50% of the long-term bike spaces may be provided in a stacked configuration with a 1.2 metre access aisle. (e) The minimum number of larger long-term bike spaces is 0 spaces. (f) The minimum number of long-term bike spaces that must be provided in secure bike lockers is 0 spaces. (g) A loading space located in the rear yard does not require visual screening. (h) A maximum of 34% of the horizontal length of the south face of each storey may be occupied by balconies. (By-Law Number 2022-62; 2023-189) E125. Reserved E126. Reserved E127. Reserved E128. Reserved E129. Reserved Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 92 E130. Reserved E131. Reserved E132. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) For the purposes of the E132 Exception, the following definitions apply: (i) 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 storey of such building. (ii) 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). A tower is only permitted above a podium. (b) In addition to the uses of the CN Zone, the following non-residential uses are also permitted as part of a mixed use building: animal care, banquet hall, club, entertainment establishment, recreation facility, repair shop, secondary school, special needs facility. (c) The maximum height is the lesser of 64 metres or 20 storeys, excluding a basement storey. (d) The minimum streetwall height is 10.5 metres. (e) The maximum streetwall height is 20 metres. (f) The minimum front setback and exterior setback is 7 metres. (g) The minimum interior setback and rear setback is 3 metres. (h) The minimum landscaped open space is 15%. (i) There is no maximum floor space index. (j) The minimum floor to floor height of the first storey is 4.5 metres. (k) A minimum of 10% and a maximum of 50% of the building façade must be setback 0.3 metres from the outermost wall of the building along each frontage. This building articulation may include inset balconies. (l) The minimum separation between podiums on the same lot is 9 metres. Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 93 (m) Buildings are required to have non-residential uses on the first storey generally adjacent to all areas identified as "Required Ground Floor Commercial" on Figure E132. (n) The minimum floor area of non-residential uses for each area identified on Figure E132 as "Required Ground Floor Commercial" is 200 square metres. For clarity, each such area may be configured with one or multiple non-residential use units. (o) 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. For clarity, balconies are not included. (p) The maximum number of towers permitted within the E132 exception overlay is 7. (q) The maximum number of towers permitted to be more than 39 metres in height within the E132 exception overlay is 4. (r) The maximum number of dwelling units permitted within the E132 exception overlay is 2,000. (s) The minimum stepback from a tower to the exterior wall of a podium is 2.0 metres. (t) The minimum separation distance between a tower and another tower is 25.0 metres. (u) The minimum setback from a tower to a lot line shared with an adjacent property is 12.5 metres. (v) The minimum setback of any tower taller than 39 metres to the Bath Road frontage is 75 metres. (w) The minimum setback of any tower taller than 39 metres to the Centennial Drive frontage is 60 metres where the tower is located south of the Conceptual Pedestrian Enhanced Driveway shown on Figure E132. (x) A maximum of 20% of parking provided for dwelling units may be located at-grade. All other residential parking is required to be located underground or within a building. Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 94 (y) Loading spaces, parking spaces and parking lots are not permitted in a front yard or exterior yard. (z) A minimum of 10.0 square metres of amenity area must be provided for each dwelling unit on a lot. (aa) A planting strip is not required; (bb) The maximum horizontal projection of a balcony from the main wall is 2.0 metres; (cc) The maximum roof coverage of building components identified in Section 4.18.2 that are located on top of a tower is 20%; (dd) The minimum setback from a railway right-of-way is 15 metres. No landscaped berm is required within this setback; and (ee) Buildings located along the Conceptual Enhanced Pedestrian Driveway shown on Figure E132 will be set back a minimum of 5 metres from the travelled roadway and any on-street parking spaces. See Figure E132 below Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 95 Figure E132 E133. Reserved E134. Despite anything to the contrary in this By-Law, the following provisions apply to the lands subject to this Exception: (a) Parking spaces are permitted to encroach into the required yard setback along West Street; (b) A maximum of two principal buildings are permitted on the property; Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 96 (c) The maximum number of dwelling units is 15; (d) The maximum building depth is 28 metres; and (e) The maximum density is 80 dwelling units per net hectare. (By-Law 2022-62, 2023-207) E135. Despite anything to the contrary in this By-Law, the following provisions apply to the lands subject to this Exception: (a) A parking space in line with and accessed directly from a driveway must be a minimum of 2.6 metres in width by 5.5 metres in length; (b) The maximum width of a driveway is 7.85 metres; (c) A private garage is permitted to be a minimum of 0 metres to a street line; (d) The minimum front setback is 0 metres; (e) The minimum interior setback from the south lot line is 0 metres; (f) The minimum landscaped open space is 25%; (g) The maximum building depth is 32 metres; (h) The maximum density is 75 dwelling units per net hectare; (i) A deck or balcony with a height greater than 1.2 metres above grade is permitted to have: (i) a maximum area of 40.0 square metres; (ii) a minimum interior setback of 0.6 metres; and (iii) a minimum rear setback of 0.6 metres; and (j) The maximum horizontal projection of a balcony from the main wall is 2.5 metres. (By-Law 2022-62, 2023-207) Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 97 E136. Despite anything to the contrary in this By-Law, the following provisions apply to the lands subject to this Exception: (a) Long-term bike spaces are not required for buildings existing on the date of passing of this by-law. (b) Long-term bike spaces are not required for any buildings constructed on the lands municipally known as 795 Innovation Drive after the date of passing of this by-law. (c) End-of-trip bike facilities for non-residential uses are not required for buildings existing on the date of passing of this by-law. (d) End-of-trip bike facilities for non-residential uses are not required for any buildings constructed on the lands municipally known as 795 Innovation Drive after the date of passing of this by-law. (By-Law 2022-62, 2023-208) E137. Despite anything to the contrary in this By-Law, the following provisions apply to the lands subject to this Exception: (a) The maximum number of principal buildings per lot is 2; (b) The maximum density is 67 dwelling units per net hectare; (c) An apartment building with a maximum of 4 dwelling units is a permitted use; (d) Apartment buildings must comply with the provisions for a single detached house as set out in Table 11.11.1. except that the minimum interior setback is 0.50 metres; (e) The building depth of a duplex is to be measured as the horizontal distance between the main wall closest to the front lot line and the rear wall of the building; Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 98 (f) An aggregate setback is to be measured between the interior lot line and the nearest part of a building on the lot at a given horizontal cross section measured parallel to the front lot line; (g) The minimum rear setback for a gazebo is 0.6 metres; (h) The minimum width of a drive aisle is 3 metres; (i) The minimum length of a parking space is 5.2 metres; (j) A parking lot is permitted in the required front yard provided no parking space is less than 7.5 metres from the front lot line; and (k) A walkway may be used to aid in the execution of vehicle turning movements provided there is a clear visual distinction which delineates the driveway from the walkway. (By-Law 2022-62, 2023-213) E138. Despite anything to the contrary in this By-Law, the following provisions apply to the lands subject to this Exception: (a) The following complementary uses are permitted, up to a maximum of 49% of the total gross floor area, in the aggregate: (i) Animal Care (ii) Animal Shelter (iii) Banquet Hall (iv) Day Care Centre (v) Financial Institution (vi) Fitness Centre (vii) Laundry Store (viii) Personal Service Shop (ix) Place of Worship (x) Recreation Facility (xi) Restaurant (xii) Wellness Clinic (b) The lands subject to this Exception are deemed to be one lot for the purposes of interpreting zoning provisions; Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 99 (c) Long-term bike spaces are not required for buildings existing on the date of passing of this By-Law at 1329, 1343 and 1347 Gardiners Road; (d) End-of-trip bike facilities for non-residential uses are not required for buildings existing on the date of passing of this By-Law at 1329, 1343 and 1347 Gardiners Road; (e) Despite clause (b) of this By-Law, bike space requirements and end-of-trip bike facility requirements are calculated and provided for each new building as though they are on their own individual lot; and (f) A minimum of 6 loading spaces must be provided. (By-Law 2022-62; 2024-105) E139. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The maximum number of dwelling units in an apartment building is 302; (b) The front lot line is the lot line dividing the lot from Princess Street; (c) The exterior lot line is the lot line dividing the lot from Andersen Drive; (d) The maximum building heights are specified on Figure E139, with a maximum 0.5 metre variance on noted dimensions permitted; (e) The building setbacks are shown on Figure E139, with a maximum 5% variance on noted dimensions permitted; (f) The maximum percentage of a main wall occupied by balconies facing an inner courtyard is 84%, facing a rear lot line is 57%, and all other main walls is 78%; (g) Above the second storey a Juliet balcony is the only permitted form of balcony on a main wall facing a rear lot line; (h) The maximum distance that building components less than 3 metres in width may project from a main wall is 1 metre; (i) A minimum 2-metre-wide planting strip must be provided along the rear lot line; (j) Communal outdoor amenity area above the fourth storey must be set back a minimum of 1.2 metres from the north main wall; Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 100 (k) The only defined area for providing access that is permitted within 12 metres of the rear lot line is a fire route and such area may not be used as a driveway or drive aisle; (l) The minimum drive aisle width is 6.0 metres; (m) The minimum number of car-share spaces is 2; (n) The minimum number of visitor spaces is 10; (o) A maximum of 50 parking spaces are permitted for small cars, with a minimum length of 4.8 metres and a minimum width of 2.4 metres, and must include signage that identifies the parking space as "small car parking space"; (p) Within an underground parking structure standard parking spaces may have a partial obstruction on either side of the parking space; (q) Within an underground parking structure a column may encroach into a parking space on one side with a maximum depth of 0.2 metres for a maximum length of 0.4 metres provided it is no greater than 1.0 metre from the end of the parking space; (r) A maximum of 50 parking spaces may be located within a front setback or exterior setback provided no parking space is closer than 9.0 metres to a front lot line and 15 metres from a rear lot line; (s) A minimum of 0.75 long-term bike spaces are required per dwelling unit; (t) Short-term bike spaces are not required to be weather-protected; and (u) The minimum amenity area is 15 square metres per dwelling unit. (v) Figure E139: see below (By-Law Number 2022-62; 2024-369) Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 101 Figure E139: E140. Reserved Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 102 E141. 769 King Street West Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The minimum front setback is 3.3 metres; (b) The minimum rear setback is 6 metres; (c) The minimum exterior setback is 2.8 metres; (d) The minimum front setback of a balcony over 1.2 metres in height is 2.1 metres; (e) The minimum exterior setback of a balcony over 1.2 metres in height is 3.4 metres; (f) The minimum front setback of a deck or porch over 1.2 metres in height is 2.1 metres; (g) The minimum exterior setback of a deck or porch over 1.2 metres in height is 3.4 metres; (h) The minimum front setback a deck or porch between 0.6 and 1.2 metres in height is 1.3 metres; (i) The minimum exterior setback of a deck or porch between 0.6 and 1.2 metres in height is 1.3 metres; and (j) The minimum interior setback to an accessory structure containing long-term bicycle parking is 0 metres, except adjacent to the property at 9 Cartwright Street where it is a minimum of 1.2 metres. (k) The minimum sight triangle at the corner of Cartwright Street and King Street West is 5.9 metres by 5.9 metres. (By-Law Number 2022-62; 2024-106) Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 103 E142. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The maximum density is 280 dwelling units per net hectare; (b) Dwelling unit in a mixed-use building is a permitted use; (c) The provisions for apartment buildings apply to mixed use buildings; (d) Mixed-use buildings 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; (e) The minimum floor to floor height of the first storey of a mixed use building is 4.5 metres, and in all other respects the provisions for an apartment building apply to a mixed use building; (f) The maximum building height is 22 metres; (g) The minimum amenity area is 5.7 square metres per unit; (h) The minimum number of parking spaces is 0.77 per dwelling unit; (i) Required parking spaces may be provided off-site on a lot located within the E143 Zone." (By-Law 2022-62; 2024-113; 2025-127) E143. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (r) The maximum residential density is 280 dwelling units per net hectare; (s) Dwelling unit in a mixed-use building is a permitted use; (t) The provisions for apartment buildings apply to mixed use buildings; (u) Mixed-use buildings 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; (v) The minimum floor to floor height of the first storey of a mixed use building is 4.5 metres, and in all other respects the provisions for an apartment building apply to a mixed use building; (w) For a lot abutting an OS1 Zone the minimum gross floor area of non- residential uses is 200 square meters for any building within 30 metres of a street; Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 104 (x) The maximum building height is 22 metres; (y) The minimum rear setback is 20 metres; (z) The minimum interior setback is 5 metres; (aa) The minimum landscaped open space is 27%; (bb) The maximum number of principal buildings per lot is 2; (cc) The minimum amenity area for the first 170 dwelling units within the E143 Zone is 11.9 square metres per dwelling unit. For each additional dwelling unit thereafter, the minimum amenity area is 14.4 square metres per dwelling unit; (dd) The minimum of number of parking spaces is 0.77 per dwelling unit; (ee) Required parking spaces may be provided off-site on a lot located within the E142 Zone; (ff) A maximum of 20% of parking spaces, 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 2.6 metres, with signage that identifies the space as "small car parking space"; (gg) A maximum of 22% of parking spaces, excluding accessible spaces, visitor spaces and car-share spaces, are permitted to be parking spaces for small cars, with a minimum length of 5.5 metres and a minimum width of 2.4 metres, with signage that identifies the space as "small car parking space"." (By-Law 2022-62; 2024-113; 2025-127) Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 105 E144. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) In addition to the uses permitted by the applicable Zone, the following uses are permitted: (i) triplex; and (ii) apartment building. (b) The maximum number of dwelling units within an apartment building is 4; (c) Apartment buildings and triplexes must comply with the following provisions: (i) The minimum lot frontage is 15.0 metres; (ii) The maximum height is the lesser of 12 metres or 3 storeys; (iii) The minimum front setback is 3.0 metres; (iv) The minimum rear setback is 7.6 metres; (v) The minimum exterior setback is 3.0 metres; (vi) The minimum interior setback is 3.0 metres; and (vii) The minimum landscaped open space is 30%. (d) The minimum density of dwelling units per net hectare on lands with residential uses, excluding lands used for roads, stormwater management, sanitary servicing, public walkways, parks or open spaces is 30.5 dwelling units per net hectare; (e) Additional residential units and ARU Ready Spaces are considered a dwelling unit for the purpose of calculating the minimum density; (f) For the purposes of this Exception an "ARU Ready Space" means floor area within a residential building that has been designed to be Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 106 easily retrofitted with an additional residential unit or meets the criteria for an ARU-Ready Space for a detached accessory building, and includes the provision of: (i) parking spaces for 2 dwelling units; and (ii) an unobstructed exterior area sufficient to provide a walkway to the additional residential unit. (g) For the purposes of this Exception an "easily retrofitted with an additional residential unit" means that all of the following are provided: (i) plumbing "rough-ins" for a minimum of 1 bathroom and 1 kitchen; (ii) windows in conformity with egress requirements in the Ontario Building Code; and (iii) required electrical and telecommunication fixtures and wiring. (h) For the purposes of this Exception "ARU-Ready Space for a detached accessory building" means: (i) The sanitary stub is provided to the rear footing (clear of weeping tile) and capped. Cleanouts and access knock outs to be provided as required by the Ontario Building Code; (ii) A domestic water stub is provided to the rear footing (clear of weeping tile) and capped. Shut off valves to be provided as per the Ontario Building Code; and (iii) Gas and electrical to be trenched from metre location (note: to be further completed by homeowner after occupancy). (i) Where a lot includes an ARU-Ready Space for a detached accessory building a second driveway from an exterior side lot line is Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 107 permitted provided the cumulative width of all driveways does not exceed 6.0 metres. (By-Law Number 2022-62; 2024-119) E145. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) In addition to the uses permitted by the applicable Zone, the following uses are permitted: (i) stacked townhouse; (ii) apartment building; (iii) triplex; and (iv) non-residential uses that are permitted in the CN Zone as per Table 15.1.2., where the non-residential uses are located only on the first storey. (b) A stacked townhouse must comply with the provisions that apply to a townhouse. (c) The maximum building height for a building other than an apartment building is 12.0 metres; (d) An apartment building with 5 or more dwelling units must comply with the provisions of the URM1 Zone, except that the maximum height is the lesser of 20.0 metres or 6 storeys; (e) Apartment buildings with 4 dwelling units and triplexes must comply with the following provisions: (i) The minimum lot frontage is 15.0 metres; (ii) The maximum height is the lesser of 12 metres or 3 storeys; (iii) The minimum front setback is 3.0 metres; (iv) The minimum rear setback is 7.6 metres; (v) The minimum exterior setback is 3.0 metres; (vi) The minimum interior setback is 3.0 metres; and (vii) The minimum landscaped open space is 30%. Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 108 (f) The minimum density of dwelling units per net hectare on lands with residential uses, excluding lands used for roads, stormwater management, sanitary servicing, public walkways, parks or open spaces is 37.5 dwelling units per net hectare; (g) Additional residential units and ARU Ready Spaces are considered a dwelling unit for the purpose of calculating the minimum density; (h) For the purposes of this Exception an "ARU Ready Space" means floor area within a residential building that has been designed to be easily retrofitted with an additional residential unit or meets the criteria for an ARU-Ready Space for a detached accessory building, and includes the provision of: (i) parking spaces for 2 dwelling units; and (ii) an unobstructed exterior area sufficient to provide a walkway to the additional residential unit. (i) For the purposes of this Exception an "easily retrofitted with an additional residential unit" means that all of the following are provided: (i) plumbing "rough-ins" for a minimum of 1 bathroom and 1 kitchen; (ii) windows in conformity with egress requirements in the Ontario Building Code; and (iii) required electrical and telecommunication fixtures and wiring. (j) For the purposes of this Exception "ARU-Ready Space for a detached accessory building" means: (i) The sanitary stub is provided to the rear footing (clear of weeping tile) and capped. Cleanouts and access knock outs to be provided as required by the Ontario Building Code; (ii) A domestic water stub is provided to the rear footing (clear of weeping tile) and capped. Shut off valves to be provided as per the Ontario Building Code; and, (iii) Gas and electrical to be trenched from metre location (note: to be further completed by homeowner after occupancy). (k) Where a lot includes an ARU-Ready Space for a detached accessory building a second driveway from an exterior side lot line is permitted provided the cumulative width of all driveways does not exceed 6 metres. (By-Law 2022-62; 2024-119) Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 109 E146. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The following complementary use is permitted, up to 100% of the total gross floor area, in the aggregate: (i) Office. (By-Law 2022-62; 2024-118) E147. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) Where dwelling units are developed, the minimum number of dwelling units is 11. (b) Where co-living units are developed, the minimum number of private bedrooms and/or living spaces in co-living units is 44. (c) The minimum lot area in Table 12.9.1. does not apply. (d) The minimum interior setback is 0 metres, except that a minimum 1.1 metre wide area must be provided at grade with an unobstructed height a minimum of 2.1 metres in the form of a walkway allowing exterior pedestrian access from the front yard to the rear yard. The walkway is permitted to overlap a driveway if it complies with Subclause 4.27.5.1. (e) There is no minimum stepback required where a main wall faces Aberdeen Street, Division Street, William Street or Earl Street. (f) The maximum floor space index and lot coverage in Table 12.9.1. do not apply. (g) Subclause 12.9.2.1. does not apply. (h) Balconies are not permitted on a main wall that faces a street line. (i) Standard parking spaces, visitor parking spaces and car-share spaces are not required. (j) A minimum of 5 square metres of amenity area must be provided for each dwelling unit on a lot. (k) Amenity area is not permitted on the roof of a building. Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 110 (l) For the properties municipally known as 3, 5, 7, 9, 11, 15 and 19 Aberdeen Street, future development must maintain the front setback and reflect the uniform spacing of the front main walls facing Aberdeen Street, as they existed on the date of passing of the site- specific by-law, to the satisfaction of the City through the site plan review process. Any future development is encouraged to retain and adaptively reuse the existing buildings to the greatest extent feasible. (m) For the property municipally known as 267 Earl Street, the lot is permitted to be developed in accordance with the provisions of the E109 Exception or in accordance with the provisions of this Exception. (n) For the property municipally known as 271 Earl Street, the lot is permitted to be developed in accordance with the provisions of the L275 Exception or in accordance with the provisions of this Exception. (o) For the property municipally known as 217-219 University Avenue and 330 William Street, the lot is permitted to be developed in accordance with the provisions of the L172 Exception or in accordance with the provisions of this Exception. (p) For the property municipally known as 241 University Avenue, the lot is permitted to be developed in accordance with the provisions of the L213 Exception or in accordance with the provisions of this Exception. (By-Law Number 2022-62; 2024-332) E148. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) In addition to the uses permitted by the applicable Zone, the following use is permitted: (i) Contractor's yard. (By-Law Number 2022-62; 2024-332) E149. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) In addition to the uses permitted by the applicable Zone, the following uses are permitted within the buildings existing on the date of passing of the site specific by-law: Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 111 (i) dwelling units in a mixed use building; (ii) apartment building; and (iii) all uses permitted in the CN Zone. (b) The maximum number of dwelling units is 200. (c) No loading spaces are required. (d) Amenity area is not required for residential uses in a building existing on the date of passing of the site specific by-law. (e) Short-term bike spaces or long-term bike spaces are not required for any use in a building existing on the date of passing of the site specific by-law. (f) End-of-trip bike facilities are not required for non-residential uses in a building existing on the date of passing of the site specific by-law. (g) The buildings existing on the date of passing of the site specific by- law are deemed to comply with the provisions of this By-law. (By-Law Number 2022-62; 2024-332) E150. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) In addition to the uses permitted by the applicable Zone, the following uses are permitted: (i) a transportation depot; (ii) a waste processing site (iii) a waste transfer station; (iv) a salvage yard; (v) a heavy equipment or truck repair shop; (vi) an automobile sales establishment; and (vii) an automobile body shop. (b) Where a common boundary agreement exists with an abutting lot licensed under the Aggregate Resources Act, the minimum setback along the lot line of the common boundary is 0 metres. (By-Law 2022-62; 2024-167) Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 112 E151. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) For the purposes of the exception overlay, the yard abutting Durham Street shall be deemed to be the front yard and the yard abutting Toronto Street shall be deemed to be the exterior yard. (b) The minimum rear setback is 3.0 metres. (By-Law 2022-62; 2024-114) E152. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The minimum lot area is 195 square metres; (b) The minimum lot frontage is 11.3 metres; (c) The minimum front setback is 3.1 metres; (d) The minimum rear setback is 4.9 metres; and (e) The minimum front setback for a porch is 2.4 metres." (By-Law 2022-62; 2024-114) E153. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The minimum lot area is 1430.0 square metres. (b) For the purposes of interpreting zoning provisions, the lot lines are as specified on Figure E153. (c) The minimum exterior setback is specified on Figure E153, with a maximum 5% variance on noted dimensions permitted. (d) The minimum interior setback is specified on Figure E153, with a maximum 5% variance on noted dimensions permitted. (e) The maximum lot coverage is 65%. (f) The minimum number of required parking spaces per dwelling unit is 0.76. (g) For the purposes of this By-law, "mixed use space" means a parking space within a mixed use building reserved solely for use by customers of a business or as a car share space or visitor space. Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 113 (h) The minimum number of required mixed use spaces per dwelling unit is 0.26. (i) A minimum of 24 square metres of enclosed amenity area must be provided within Part B on Figure E153. (j) Despite Clause 4.18.2, the identified building components may include an enclosed amenity area and the minimum setback from the edge of the roof of 0 metres as shown as Part B on Figure E153, with a maximum 5% variance on noted dimensions permitted. (k) Figure E153 (By-Law 2022-62; 2024-168) Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 114 E154. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The maximum number of principal buildings permitted is 3; (b) The minimum number of required parking spaces per dwelling unit is 0.73; (c) The minimum number of required visitor spaces per dwelling unit is 0.03; (d) The minimum number of required car-share spaces is 2.0; (e) The maximum building heights are specified on Figure E154, with a maximum 0.5 metre variance on noted dimensions permitted; and (f) The minimum building setbacks are specified on Figure E154, with a maximum 5% variance on noted dimensions permitted. (g) Figure E154 (By-Law Number 2022-62; 2024-190) Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 115 Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 116 E155. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The minimum lot area is 153 square metres per dwelling unit; (b) The minimum lot frontage is 5.5 metres; (c) The minimum interior setback is 1.1 metres; (d) The maximum lot coverage is 55%; (e) The minimum driveway width is 2.7 metres; (f) The maximum number of parking spaces per dwelling unit is 2.0; (g) The maximum cumulative width of all driveways on a lot within the required front setback or exterior setback is 2.7 metres; (h) Eaves and gutters are permitted within 0.15 metres of a lot line; (i) The minimum interior setback for a deck or porch with a height no greater than 0.6 metres is 0.40 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; and (j) The minimum separation distance from a registered right-of-way for a pipeline is 0.2 metres for driveways, drive aisles, parking spaces, parking lots, retaining walls, light standards and utility poles (By-Law Number 2022-62; 2024-195) E156. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The maximum height of an apartment building is 17.0 metres; (b) The maximum number of dwelling units is 49; (c) The minimum front setback is 3 metres; (d) The minimum long-term bike space requirement is 24 spaces, where all long-term bike spaces may be provided in a stacked configuration with a 1.5 metre access aisle; (e) The minimum number of larger long-term bike spaces is 0 spaces; (f) The minimum number of long-term bike spaces that must be provided in secure bike lockers is 0 spaces; Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 117 (g) A canopy on the north side of an apartment building is permitted to project 0.85 metres into the required setback; and (h) The minimum separation distance from a registered right-of-way for a pipeline is 0.3 metres for driveways, drive aisles, parking spaces, parking lots, retaining walls, light standards and utility poles. (By-Law Number 2022-62; 2024-195) E157. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The minimum landscaped open space is 15%; (b) Where a parking lot is adjacent to a sidewalk or walkway, a planting strip is not required between such parking lot and sidewalk or walkway; (c) A loading space located in the rear yard or interior yard does not require visual screening; (d) A planting strip is not required along the interior lot line that abuts a residential use or undeveloped land in an Urban Residential Zone and Urban Multi-Unit Residential Zone; and (e) The minimum separation distance from a registered right-of-way for a pipeline is 0.3 metres for driveways, drive aisles, parking spaces, parking lots, retaining walls, light standards and utility poles. (By-Law Number 2022-62; 2024-195) E158. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The following definition applies for the purpose of this Exception: End wall means all portions of the exterior side walls of a building perpendicular to the building frontage and all structural components of these exterior side walls essential to support the roof. (b) General Provisions (i) The lands subject to this Exception are deemed to be one lot for the purposes of interpreting zoning provisions; Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 118 (ii) The lands subject to this Exception are permitted to contain apartment buildings. Apartment buildings also include multiple multi-unit residential buildings when they are located on one lot. For clarity, on the lands subject to this Exception, Apartment building includes townhouses, back-to-back townhouses, stacked townhouses and back-to-back stacked townhouses; (iii) Dwelling units in a stacked townhouse can be accessed by an internal vestibule, shared by no more than two dwelling units; (iv) The maximum building heights, including location thereof, are specified on Figure E158; (v) Figure E158 (vi) Despite the maximum building heights in Figure E158, stairway penthouses constructed for the sole purpose of providing access to rooftop amenity areas are permitted to project to a maximum total height of 13.6 metres, measured from the finished grade to the highest point of such stairway penthouse; Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 119 (vii) Up to ten model homes are permitted in the aggregate, and may take the form of townhouses, back-to-back townhouses, stacked townhouses and back-to-back stacked townhouses, with the location and regulation thereof to be set out in a Model Home Agreement; (viii) The minimum density of dwelling units per net hectare on the lands subject to this Exception is 28 dwelling units per net hectare; (ix) The maximum number of principal buildings per lot does not apply; (x) The minimum setbacks for any building, private street, parking area and drive aisle are as follows: i. The minimum setback from an 'OS1' Zone is 7.5 metres; ii. The minimum setback from the edge of McGuin Millrace archaeological site, as surveyed through a Stage 3 Archaeological Assessment, is 5.0 metres, except where documentation has been approved in writing to the satisfaction of the City in consultation with the provincial public authority having jurisdiction; and, iii. The minimum setback from a street line abutting Bath Road is 14 metres; (xi) Accessory buildings must comply with the Zone provisions that are applicable to the lands subject to this Exception, except: i. An accessory building may encroach into a required setback, provided that such accessory building must be setback a minimum of 6.0 metres from a private street and a minimum of 1.2 metres from all lot lines; ii. Despite (b)(xi)(i), a detached private garage must be setback a minimum of 5.5 metres from a private street; iii. The minimum separation distance between an apartment building and a detached private garage is 6.0 metres; and, Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 120 iv. Despite (b)(xi)(i), where an accessory building is located within 30 metres from the northern lot line, such accessory building must be setback a minimum of 1.2 metres from a private street. (c) Apartment Buildings (i) The minimum separation distance between the end walls of an apartment building and any residential building is 6.0 metres; (ii) For back-to-back townhouses and back-to-back stacked townhouses, a separation distance does not apply to the rear walls; (iii) The minimum setback from a lot line is 7.5 metres; (iv) Notwithstanding (iii), the minimum setback from a street line abutting Station Street is 4.0 metres; (v) The minimum setback from a private street is 6.0 metres except, where an end wall abuts a private street or where the units also abut Station Street, the minimum setback is 2.5 metres from a private street; (vi) Porches or decks that project from the main wall of an apartment building must comply with the following provisions: i. The maximum surface area of floor levels of porches and decks for each apartment building is 100 square metres in the aggregate per building facade; ii. The minimum setback of a porch or deck, excluding stairs and their associated guards, to a private street or to a street line abutting Station Street is 3.0 metres; iii. Stairs and their associated guards connected to porches and decks are permitted to project into any required setback, provided such stairs are setback a minimum of 1.5 metres from a private street or from a street line abutting Station Street; (vii) Balconies that project from the main wall of an apartment building must comply with the following provisions: i. The minimum setback from a lot line is 1.2 metres; (viii) The maximum number of standard parking spaces permitted for an apartment building is 1.75 parking spaces per dwelling unit if all parking spaces provided above 1.00 parking spaces per dwelling unit are electric vehicle ready; Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 121 (ix) The enhanced bike parking facilities described in Clause 7.3.13. do not apply; and, (x) Where an apartment building dwelling unit has a private garage, the maximum width of the driveway leading to the private garage is 6 metres. (d) Apartment Buildings that are Townhouses (i) Apartment buildings that are townhouses on the lands subject to this Exception may accommodate up to three dwelling units, subject to and in accordance with a registered description under the Condominium Act, 1998; (ii) The following provisions apply to apartment buildings that are townhouses on the lands subject to this Exception as if each principal dwelling unit was located on its own independent lot: i. 1.0 minimum required parking space per dwelling unit for the first two dwelling units on a lot; ii. The walkway requirements of section 4.27; and, iii. A maximum of 8 bedrooms; and, (iii) Notwithstanding section 4.3.1, amenity area requirements do not apply to apartment buildings that are townhouses on the lands subject to this Exception. (e) Amenity Area Building(s) (i) For clarity, the accessory building provisions of this Exception apply to any buildings containing interior amenity area common to all dwelling units on the lot; and, (ii) The maximum height of an accessory building containing interior amenity area common to all dwelling units on the lot is 1 storey." E159. E159A. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) Despite the uses permitted by the applicable Zone, the only permitted use is a conservation use." Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 122 E159B. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) Despite the uses permitted by the applicable Zone, the only permitted uses are conservation use and passive recreation." (By-Law Number 2022-62; 2024-408) E160. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The existing commercial buildings can be converted to contain a maximum of 107 dwelling units; (b) The enhanced bike parking facilities requirements described in Clause 7.3.13. do not apply. (By-Law Number 2022-62; 2024-192) E161. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The existing accessory dwelling is permitted on the lands. (b) The expansion of, alteration to, or relocation of the existing accessory dwelling is permitted subject to and in accordance with the performance standards set out in Clause 8.2.1. of this By-law. (c) No other residential uses are permitted after the date of passing of this by-law except as provided for in (a) and (b) above." (By-Law Number 2022-62; 2024-173) E162. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) In addition to the uses permitted by the applicable Zone, the following uses are permitted in the building existing on the date of passing of the site specific by-law: (i) Office; and (ii) A maximum of one dwelling unit. (By-Law Number 2022-62; 2024-332) Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 123 E163. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) In addition to the uses permitted by the applicable Zone, the following complementary commercial uses are permitted: (i) creativity centre; (ii) financial institution; (iii) fitness centre; (iv) grocery store; (v) laundry store; (vi) office; (vii) personal service shop; (viii) place of worship; (ix) restaurant; (x) retail store; and (xi) wellness clinic; (b) Show or display windows, and commercial signage associated with any permitted complementary commercial uses that are visible from the exterior of the building are prohibited; (c) Complementary commercial uses will be accessed from common corridors within the building. Access to complementary commercial uses is not permitted directly from an external part of the building, except in cases where those uses require direct service entrances from any street or where the use includes an outdoor patio; (d) The minimum setback from University Avenue is 6.0 metres; (e) The minimum setback from Union Street is 9.53 metres; Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 124 (f) The minimum setback from Division Street is 0.0 metres; (g) The minimum setback from Earl Street is 0.0 metres; (h) The interior side yard setback on the east side is 3.2 metres; and (i) The interior side yard setback on the west side is 3.6 metres (By-Law 2022-62; 2024-236) E164. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The minimum setback from Union Street is 6.79 metres; (b) The minimum setback from Alfred Street is 0.0 metres; (c) The minimum setback from University Avenue is 0.0 metres; and (d) The maximum building height measured to the top of the mechanical shaft on Alfred Street is 31 metres." (By-Law 2022-62; 2024-236) E165. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The maximum heights are specified on Figure E165, with a maximum 1 metre variance on noted dimensions permitted; (b) The minimum setbacks and stepbacks are as shown on Figure E165, with a maximum 5% variance on noted dimensions permitted; (c) The angular plane and build to plane requirements described in Subsection 4.5 do not apply; (d) The maximum tower floorplate above the 3rd storey is 765 square metres; (e) The building components described in Clause 4.18.2. are permitted to cover a maximum area of 50% of the roof area on which they are located, in the aggregate, with maximum heights and minimum setbacks as shown on Figure E165; Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 125 (f) Despite the minimum setback requirements, architectural features such as ramps, stairs, canopies, and wind screens may project horizontally into the required setback up to the lot line; (g) The maximum number of dwelling units is 344; (h) The minimum first storey height is 4.5 metres; (i) The minimum non-residential floor area on the ground floor is 240 square metres; (j) A maximum of 85% of the horizontal length of each face of the main wall of each storey may be occupied by balconies; (k) One communal amenity area may have a minimum area of 40 square metres; (l) Clause 4.3.3. does not apply to a communal exterior amenity area accessed from the 3rd storey; (m) The minimum number of required parking spaces is 83; (n) A maximum of 11 required parking spaces are permitted to be used for small cars, with a minimum length of 4.8 metres and a minimum width of 2.4 metres, and must include signage that identifies the space as a "small car parking space"; (o) A minimum of 5 visitor spaces are required; (p) A minimum of 1 short-term delivery parking space is required; (q) A minimum of 1 car share space is required; (r) A minimum of 10% of the required long-term bike spaces must be horizontal bike spaces. The remainder of the long-term bike spaces may be provided as stacked bike spaces or vertical bike spaces; (s) The minimum width of a vertical bike space is 0.4 metres. Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 126 (t) The minimum drive aisle width is 6 metres; (u) Despite paragraph (s) above, where a drive aisle is permitted at- grade for access from Wellington Street the minimum drive aisle width is 5.75 metres; (v) The maximum width of a driveway within the required front setback is 7.3 metres; (w) The minimum dimension of the required sight triangle is 5 by 5 metres; and (x) A minimum of 1 loading space is required with minimum dimensions of 11.5 metres in length and 3.5 metres in width. (By-Law 2022-62; 2024-343) Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 127 (y) Figure E165 (By-Law 2022-62; 2024-343) Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 128 E166. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) Despite table 16.1.2., the following uses are prohibited: (i) Day Care Centre (ii) Hotel (iii) Place of Worship (By-Law Number 2022-62; 2024-309) E167. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) Long-term bike spaces will not be required for a change of use at the existing building at 1287 Gardiners Road. However, if any other development is proposed, long-term bike spaces must be provided in accordance with all provisions of Subsection 7.3 of this By-law. End-of-trip bike facilities for non-residential uses will not be required for a change of use at the existing building at 1287 Gardiners Road. However, if any other development is proposed, end-of-trip bike facilities must be provided in accordance with all provisions of Subsection 7.3 of this By-Law. (By-Law Number 2022-62; 2024-329) E168. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: a. The minimum lot size for an agricultural use is 2 hectares. (By-Law Number 2022-62; 2024-330) Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 129 E169. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) In addition to the uses permitted in the HB Zone, an apartment building or a dwelling unit in a mixed use building are permitted uses; (b) The maximum number of dwelling units in a mixed-use or apartment building is 118; (c) The following non-residential uses are also permitted within a mixed use building: (i) Creativity Centre (ii) Fitness Centre (iii) Grocery Store (iv) Laundry Store (v) Library (vi) Museum (vii) Office (viii) Personal Service Shop (ix) Wellness clinic (d) The maximum building height is the lesser of 19 storeys and 61 metres; (e) The minimum separation distance from the high water mark of a waterbody to any building is as follows: (i) South lot line: 14.5 metres except that this may be reduced to 14.0 metres for a maximum building length of 7.0 metres through Site Plan Control and in consultation with the Cataraqui Region Conservation Authority. (ii) North lot line: 12.0 metres, except this may be reduced to 7.5 metres for an underground parking structure. (iii) East lot line: 56.0 metres, except that this may be reduced to 43.0 metres for an underground parking structure. (f) Private amenity space, patios associated with a restaurant use, and drive aisles are also permitted in the minimum separation distance from the high water mark of a waterbody, subject to approval through Site Plan Control and in consultation with the Cataraqui Region Conservation Authority; Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 130 (g) A portion of a mixed use building including an underground parking structure, private amenity space, patios associated with a restaurant use, and drive aisles may also be permitted in the area identified as "Floodplain - Wave Uprush" on Schedule A, subject to approval through Site Plan Control and in consultation with the Cataraqui Region Conservation Authority; (h) The minimum height of the first storey is 4.5 metres; (i) The minimum non-residential use floor area is 90 square metres; (j) The minimum stepback above the third storey is 1.5 metres for the north exterior wall, 10 metres for the east exterior wall, 4.5 metres for the south exterior wall, and 10 metres for the west exterior wall. (k) The maximum tower floorplate above the third storey is 800 square metres; (l) The minimum landscaped open space is 30%; (m) The building components identified in Clause 4.18.2. are permitted to project a maximum of 5.5 metres above the maximum permitted height, with a maximum area of 35% of the roof area on which they are located, in the aggregate. No minimum setback is required from the edge of the roof on one side only; (n) The minimum length of a parking space is 5.2 metres; (o) The minimum length of a Type B accessible space is 5.2 metres; (p) Three Type B accessible spaces are permitted to be a minimum width of 2.6 metres; (q) A maximum of 23 small car spaces are permitted; (r) Parking spaces and visitor spaces may be located in a front yard provided they are setback at least 1.5 metres from any lot line and 7.4 metres from any street line; Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 131 (s) The minimum length of a parking space parallel to a drive aisle is 6.4 metres where a drive aisle is at least 7 metres wide; (t) 1 loading space is required and may be provided off-site within 10 metres of the lot. Clause 7.5.7 does not apply; (u) A loading space must be a minimum of 5 metres wide by 7.5 metres long; (v) The minimum drive aisle width is 6 metres; (w) The maximum width of a driveway within the required front setback is 7.6 metres; (x) Clauses 7.4.5 and 7.4.9.1 do not apply; and, (y) Off-site parking associated with an adjacent property may be provided on the site subject to approval through Site Plan Control. (By-Law Number 2022-62; 2025-300) E170. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The following complementary uses are permitted, up to a maximum of 49% of the total gross floor area, in the aggregate: (i) Animal Care (ii) Animal Shelter (iii) Day Care Centre (iv) Financial Institution (v) Fitness Centre (vi) Laundry Store (vii) Personal Service Shop (viii) Recreation Facility (ix) Wellness Clinic; (b) The calculation for the number of bike spaces and end-of-trip bike facilities will be determined based on the individual units within the building, and not on the overall building; Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 132 (c) Clause 7.3.16. does not apply to a change of use; (d) A retail store is permitted only as an accessory use to a principal use on the lot and must not exceed 25% of the gross floor area of the building; and (e) Outdoor Storage: (i) Minimum rear setback is 3.0 metres; (ii) Minimum interior setback is 3.0 metres; and (iii) Maximum area of outdoor storage is 25% of lot area (By-Law 2022-62; 2024-342) E171. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) Despite the uses permitted by the applicable Zone, the following uses are the only permitted uses: (i) supply depot; (ii) propane transfer facility; (iii) outdoor storage; (iv) transportation depot; (v) warehouse; (vi) light industrial use; and (vii) heavy equipment or truck repair shop. (b) A minimum 30.0 metre wide undisturbed vegetated buffer must be maintained adjacent to a waterbody; (c) The following definitions apply for the purpose of this Exception: (i) Supply Depot: means the use of any lot or building for wholesale, commercial purposes or bulk storage and distribution of gasoline, propane, diesel fuel, aviation fuel, heating oil, motor oil or other fuels. (ii) Propane Transfer Facility: means the use of any lot or building, pursuant to the Technical Standards and Safety Act, 2000, S.O. 2000, c. 16, for the filling of compressed gas cylinders and vehicles, the sale of propane to end users, or transferring propane in bulk. Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 133 (By-Law 2022-62; 2024-362) E172. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The maximum number of dwelling units is 9; (b) The maximum number of bedrooms is 46; (c) The minimum front setback is 1.2 metres; (d) The minimum interior setback is 0 metres for the first 15 metres as measured from the front lot line, and 3.0 metres for the area afterwards to the rear lot line; (e) Despite (c), a porch may project from the main wall to the front lot line; (f) The minimum rear setback is 3.0 metres; (g) The maximum lot coverage is 52%; (h) The minimum number of long-term bike spaces is 9; (i) The minimum number of short-term bike spaces is 1; (j) Bike spaces must be provided within a bike shelter or similar weather protected structure; and (k) A window well may project into the interior setback a maximum of 1.2 metres. (By-Law Number 2022-62: 2025-91) E173. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) In addition to the uses permitted by the applicable Zone, the following uses are permitted: (i) Mixed-use building; and (ii) house, semi-detached house, and townhouse, developed in accordance with the UR3 Zone provisions. Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 134 (b) The following uses are prohibited: (i) auditorium; (ii) department store; (iii) service station; (iv) garden centre; and (v) transportation depot. (c) The minimum lot area provisions do not apply. (d) The minimum lot frontage provisions do not apply. (e) The maximum lot coverage is 30%. (f) The maximum building height for: (i) a mixed-use building is the lesser of 6 storeys or 20 metres; and (ii) a non-residential building is 11 metres or 1 storey. (g) The maximum gross floor area for all non-residential uses is 2,000 square metres. (h) The maximum gross floor area for each individual non-residential use is 300 square metres (By-Law Number 2022-62; 2024-383) E174. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The following provisions apply to the 'Townhouse Parcel' as shown on Figure E174: (i) The minimum lot area is 158.0 square metres; (ii) The minimum lot frontage is 5.5 metres; (iii) The front setback is measured from the main wall of a building. The second storey "box window" is an architectural feature which is permitted to encroach into the front setback in accordance with Clause 4.19.2; Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 135 (iv) The eaves are permitted to encroach up to 0.5 metres into the front setback, in accordance with Clause 4.19.2, to be measured from the outside edge of the second storey "box window"; (v) The interior setback is 0.9 metres; (vi) In addition to the definition of an exterior setback, the exterior setback also applies to a lot line that is not adjacent to another residential lot; (vii) The minimum rear setback is 6.0 metres; (viii) The maximum lot coverage is 55%; (ix) The setback of exterior stairs from the interior lot line is 0.0 metres; (x) The minimum interior setback of a porch will comply with Table 4.20.4, except along a common party wall where it may be 0.0 metres; (xi) A privacy fence is not required between abutting porches in front yards; (xii) A balcony will not encroach into an exterior yard or interior yard beyond the main wall of the building; (xiii) The minimum number of visitor parking spaces is 4; (xiv) The minimum width of a drive aisle is 6.0 metres; and (xv) The minimum width of a driveway from a private street to a common element parking lot is 5.5 metres. (b) Despite the provisions in paragraph (a) above which apply to the 'Townhouse Parcel', the following provisions shall apply to the specified 'Townhouse Blocks' as shown on Figure E174: (i) Block A i. The minimum exterior setback is 1.3 metres; ii. The minimum exterior setback of a porch with a height greater than 1.2 metres is 1.3 metres; and Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 136 iii. A walkway to the main exterior entrances of the two interior dwelling units of Block A may be shared between the respective dwelling units and must have a minimum width of 1.6 metres. (ii) Block B i. The minimum exterior setback is 0.8 metres; ii. The minimum setback between the eaves and the exterior lot line is 0.4 metres; and iii. The minimum front setback of a porch with a height greater than 1.2 metres is 5.0 metres. (iii) Block C i. The minimum front setback is 5.9 metres; and ii. The minimum front setback of a porch with a height greater than 1.2 metres is 4.9 metres. (iv) Block D i. The minimum front setback is 5.8 metres; and ii. The minimum front setback of a porch with a height greater than 1.2 metres is 4.8 metres. (v) Block E i. The minimum front setback is 5.7 metres; ii. The minimum exterior setback is 1.2 metres; iii. The minimum exterior setback of a porch with a height less than 0.6 metres is 1.2 metres; iv. The minimum length of a parking space in a tandem configuration is 5.5 metres; and v. The driveway and walkway may overlap. (vi) Block F Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 137 i. The minimum front setback is 5.7 metres; ii. The minimum length of a parking space in a tandem configuration is 5.5 metres; and iii. The driveway and walkway may overlap. (c) Figure E174 (By-Law 2022-62; 2024-396) E175. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The maximum building height is 20.8 metres. (b) The minimum front setback is 3.0 metres. (c) The minimum width of a drive aisle is 6.0 metres. (d) The maximum width of a driveway within a front setback is 7.5 metres. Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 138 (e) The minimum number of long-term bike spaces that must be provided as larger horizontal bike spaces is 4." (By-Law 2022-62; 2024-396) E176. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The minimum interior setback is 2.8 metres. (b) The minimum separation distance from a drive-through to a residential lot is 9.0 metres. (c) Instead of a planting strip that separates the drive-through from the adjacent townhouses, a 2.5 metre noise fence is required. (By-Law 2022-62; 2024-396) E177. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) In addition to the uses permitted by the applicable Zone, the following neighbourhood commercial uses are permitted within the buildings which existed as of the date of passing of the amending by-law introducing this Exception: (i) creativity centre; (ii) financial institution; (iii) office; (iv) personal service shop; (v) retail store; and (vi) wellness clinic. (By-Law 2022-62; 2025-8) Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 139 E178. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The minimum lot area is 159 square metres per dwelling unit for a Townhouse and 99 square metres per dwelling unit for a back-to-back townhouse. (b) The minimum lot frontage is 6 metres for a townhouse and 6.4 metres for a back-to-back townhouse; (c) The maximum height for a back-to-back townhouse is 11.5 metres; (d) The minimum rear setback is 6 metres for a townhouse; (e) The minimum exterior setback is 3.3 metres for a townhouse and 3 metres for a back-to-back townhouse; (f) The minimum interior setback for a townhouse where the lot line is not a common party wall is 1.2 metres; (g) The minimum landscaped open space for a back-to-back townhouse is 16%; (h) The maximum lot coverage is 58% for a townhouse and 62% for a back-to-back townhouse; (i) The maximum cumulative width of all driveways on a lot within the required front setback is 3.6 metres; (j) Building components added for the primary purpose of noise mitigation such as a wing-wall are not subject to the lot coverage or setback provisions of this By-law. (By-Law 2022-62; 2025-14) E179. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The maximum height is the lesser of 45 metres or 15 storeys; (b) The maximum number of dwelling units is 210; Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 140 (c) Where the provisions of this By-law permit building components to project above the maximum permitted height the following provisions take precedence: (i) Maximum projection for mechanical and service equipment penthouse, elevator or stairway penthouses is 6.5 metres provided a minimum setback of 3.5 metres is provided from the edge of the roof; (ii) Maximum projection for enclosed building components providing tenants with amenity areas and access to rooftop amenity areas or any mechanical equipment is 3.8 metres provided there is a minimum setback of 3.2 metres from the edge of the roof; (iii) Maximum percent of the roof area permitted to be occupied by such projections is of 40%. (d) The minimum rear setback is 40 metres; (e) The minimum number of visitor spaces is 9; (f) Minimum drive aisle width is 6.5 metres; and (g) A 22.8 metre vegetated buffer which screens views of the development or creates natural spaces for passive recreation is required to be provided and maintained along the rear lot line. (By-Law 2022-62; 2025-88) E180. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The maximum height is the lesser of either 36.5 metres or 12 storeys; (b) The maximum number of dwelling units is 170; (c) Where the provisions of this By-law permit building components to project above the maximum permitted height the following provisions take precedence: (i) Maximum projection for mechanical and service equipment penthouse, elevator or stairway penthouses is 6.5 metres provided a minimum setback of 3.5 metres is provided from the edge of the roof; Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 141 (ii) Maximum projection for enclosed building components providing tenants with amenity areas and access to rooftop amenity areas or any mechanical equipment is 3.8 metres provided there is a minimum setback of 3.2 metres from the edge of the roof; (iii) Maximum percent of the roof area permitted to be occupied by such projections is of 40%. (d) The minimum rear setback is 50 metres; (e) The minimum number of visitor parking spaces is 7; (f) Minimum drive aisle width is 6.5 metres; and, (g) A 22.8 metre vegetated buffer which screens views of the development or creates natural spaces for passive recreation is required to be provided and maintained along the rear lot line. (By-Law 2022-62; 2025-88) E181. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) Maximum height is the lesser of either 47.5 metres or 16 storeys; (b) The maximum number of dwelling units is 220; (c) Where the provisions of this By-law permit building components to project above the maximum permitted height the following provisions take precedence: (i) Maximum projection for mechanical and service equipment penthouse, elevator or stairway penthouses is 6.5 metres provided a minimum setback of 3.5 metres is provided from the edge of the roof; (ii) Maximum projection for enclosed building components providing tenants with amenity areas and access to rooftop amenity areas or any mechanical equipment is 3.8 metres provided there is a minimum setback of 3.2 metres from the edge of the roof; (iii) Maximum percent of the roof area permitted to be occupied by such projections is of 40%. (d) The minimum rear setback is 39 metres; Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 142 (e) The minimum setback of a swimming pool is 0.0 metres from a lot line abutting another lot in the URM2 zone, and 25 metres from a rear lot line. (f) Minimum number of visitor spaces is 10; (g) Minimum drive aisle width is 6.5 metres; (h) A 22.8 metre vegetated buffer which screens views of the development or creates natural spaces for passive recreation is required to be provided and maintained along the rear lot line. (By-Law 2022-62; 2025-88) E182. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The following additional uses are permitted: (i) Financial institution; (ii) Office; (iii) Personal service shop; (iv) Retail store; and (v) Wellness clinic. (By-Law 2022-62; 2025-88) E183. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) Maximum height is the lesser of 15.0 metres or four storeys; (b) Dwelling units in a mixed-use building are a permitted use; (c) The minimum floor to floor height of the first storey of a mixed use building is 4.5 metres, and in all other respects the provisions for an apartment building apply to a mixed use building; (d) Mixed-use buildings may only contain non-residential uses that are permitted in the CN Zone as per Table 15.1.2; Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 143 (e) On a lot where the south lot line abuts a street the minimum gross floor area of non-residential uses is 385 square metres; (f) Non-residential uses are only permitted on the first storey; (g) Non-residential uses are only permitted up to a maximum of 1,000 square metres in gross floor area; (h) Accessible spaces are not required to be provided for a non-residential use; (i) A short-term delivery space is not required; (j) The front lot line is the eastern most lot line; (k) Minimum front setback is 3.0 metres; (l) Minimum rear setback is 3.0 metres; (m) Minimum interior setback is 4.0 metres; (n) Minimum exterior setback is 2.1 metres where a street is to the north of the exterior lot line, and 10.0 metres where a street is to the south of the exterior lot line; and (o) The lands located within Exception Number 183 will be treated as one lot for the purposes of calculating lot coverage and, maximum number of dwelling units; (p) Maximum lot coverage is 60%; and (q) Maximum number of dwelling units is 190. (By-Law 2022-62; 2025-88) E184. Reserved E185. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) In addition to the uses permitted by the applicable Zone, a hotel with an accessory dwelling unit is permitted, subject to the following provisions: (i) A banquet hall is permitted as an occasional use; (ii) A maximum of 7 guest rooms is permitted; Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 144 (iii) A restaurant with a maximum gross floor area of 60 square metres is permitted; and, (iv) An outdoor patio with a maximum area of 55 square metres is permitted. (v) Minimum Setbacks: (vi) The following minimum setbacks apply to the building existing on the date of passing of this site specific By-law: (1) Minimum rear setback (North side): 1.4 metres; (2) Minimum interior setback (East side): 0 metres; and, (3) Despite subparagraph (i) above, any redevelopment of the lands subject to this Exception must comply with the applicable Zone setback requirements. (b) Dormer Provisions: (i) The following dormer provisions apply to the building existing on the date of passing of this site specific By-law: (1) The front wall of an existing dormer may be setback 0 metres from the main wall; (2) The side wall of an existing dormer may be setback 0 metres from the edge of the roof on which it is located; (3) The maximum cumulative length of all existing dormers on the same portion of a sloped roof may exceed 50% of the length of the roof on which it is located; and, (4) Despite subparagraph (i) above, any redevelopment of the lands subject to this Exception must comply with the applicable Zone dormer provisions. (c) Parking is permitted in the front yard. (d) A planting strip is not required where an interior lot line or rear lot line of a lot used for a non-residential use abuts a residential use in the HCD3 Zone. (e) Fire escapes may be setback 0 metres from the interior lot line. (f) A maximum 55 square metre outdoor patio associated with the permitted hotel use may have a separation distance of 0 metres from a lot in the HCD3 Zone. (By-Law 2022-62; 2025-90) Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 145 E186. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) In addition to the uses permitted by the applicable Zone, the following uses are permitted (i) All uses permitted in the UR5 Zone as per the provisions of the UR5 Zone; and (ii) Dwelling unit in a mixed use building. (By-Law Number 2022-62; 2025-118) E187. Despite anything to the contrary in this By-Law, the following provisions apply to the lands subject to this Exception: (a) The maximum height is 12 storeys. (b) The maximum floorplate size above the sixth storey is 1,200 square metres. (c) The maximum density is 200 dwelling units per net hectare; and (d) Residential uses that legally existed on the date of passing of the site specific 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) E188. Despite anything to the contrary in this By-Law, the following provisions apply to the lands subject to this Exception: (a) The maximum density is 120 dwelling units per net hectare. (By-Law Number 2022-62; 2025-118) E189. Despite anything to the contrary in this By-Law, the following provisions apply to the lands subject to this Exception: (a) The maximum height is 6 storeys. (b) The maximum density is 175 dwelling units per net hectare. (c) The fifth and sixth storeys are required to stepback a minimum of 3.0 metres from the exterior wall of the 4th storey along the front lot line. (By-Law Number 2022-62; 2025-118) Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 146 E190. Despite anything to the contrary in this By-Law, the following provisions apply to the lands subject to this Exception: (a) The maximum number of dwelling units is 230. (By-Law Number 2022-62; 2025-118) E191. Despite anything to the contrary in this By-Law, the following provisions apply to the lands subject to this Exception: (a) The maximum density is 175 dwelling units per net hectare. (b) The maximum floor space index does not apply. (c) The fifth and sixth storeys are required to stepback a minimum of 3.0 metres from the exterior wall of the 4th storey along the front lot line. (By-Law Number 2022-62; 2025-118) E192. Despite anything to the contrary in this By-Law, the following provisions apply to the lands subject to this Exception: (a) The maximum number of dwelling units is 40. (b) The minimum rear setback is 55 metres. (By-Law Number 2022-62; 2025-118) E193. Despite anything to the contrary in this By-Law, the following provisions apply to the lands subject to this Exception: (a) In addition to the uses permitted by the applicable Zone, the following uses are permitted: (i) Special needs facility; and (ii) Wellness clinic; (b) The lands subject to this Exception are deemed to be one lot for the purposes of interpreting zoning provisions; (c) Uses existing as of the date of passing of this site specific by-law must comply with the provisions of the URM11 Zone; (d) Where a lot contains more than one use, the required number of parking spaces is the sum of all parking spaces required; (e) The maximum number of dwelling units is 50; Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 147 (f) The southernmost lot line is deemed to be the front lot line; (g) The minimum front setback is 3.0 metres; (h) The minimum rear setback is 4.5 metres; (i) The minimum exterior setback is 3.0 metes; (j) The maximum height is the lesser of 16.5 metres or 4 storeys; (k) Accessible spaces are permitted in the front yard; (l) The minimum drive aisle width is 5 metres for accessible spaces located in the front yard; (m) A planting strip is not required; (n) A canopy may project a maximum of 4.5 metres into a required sight triangle, provided it has a minimum clearance of 2.8 metres above the elevation of the Division Street centreline; and (o) A canopy may project a maximum distance of 1.7 metres into a required setback, provided such canopy is setback a minimum of 0.5 metres to any lot line. (By-Law Number 2022-62; 2025-118) E194. Despite anything to the contrary in this By-Law, the following provisions apply to the lands subject to this Exception: (a) The minimum front setback is 1.5 metres. (b) The minimum interior setback is 0 metres on the north side and 0.6 metres on the south side. (c) The minimum size of a standard parking space is 2.6 metres wide and 5.2 metres long. (d) The minimum driveway width is 2.3 metres. (e) Unenclosed front porches and below-grade steps are permitted to project 1.5 metres out from the main building wall, with no minimum setback from the front lot line. Minimum interior setback for an unenclosed front porch and below-grade steps is 0.5 metres (south) and 0 metres (north). Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 148 (f) An accessory building may be located not less than 0.9 metres from the rear lot line and not less than 0.3 metres from the north interior lot line. (g) Amenity areas may be aggregated into spaces of not less than 43 square metres. (By-Law Number 2022-62; 2025-118) E196. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) Despite the residential uses permitted by the applicable Zone, the following uses are the only permitted residential uses: (i) Semi-detached house; and, (ii) Townhouse. (b) In addition to the uses permitted by the applicable Zone, the following uses are permitted on the ground floor within a semi- detached house or townhouse: (i) creativity centre; (ii) retail store; (iii) day care centre; (iv) fitness centre; (v) office; (vi) personal service shop; (vii) restaurant; (viii) wellness clinic; and, (ix) grocery store (c) The minimum landscaped open space for back-to-back townhouse dwellings that share both a rear common party wall and a minimum of one side common party wall is 15%. Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 149 (d) The maximum height for a back-to-back townhouse with a sloped roof is 11.0 metres. (e) Maximum Driveway Width: (i) For a semi-detached dwelling, the maximum driveway width is 6 metres or 50% of the lot width, whichever is less. (ii) For a townhouse dwelling on an interior lot, the maximum driveway width is 3.5 metres. (iii) For a townhouse dwelling on an end lot, the maximum driveway width is 4.0 metres or 50% of the width of the lot, whichever is lesser. (f) Sight triangles must comply with the following provisions: (i) A sight triangle is required by a line drawn from a point on the exterior side lot line 3.5 metres from the intersection of the exterior side lot line and the front lot line, and a point on the front lot line 3.5 metres from the intersection of the exterior side lot line and the front lot line. i. Where the exterior side lot line and the front lot line do not intersect at a point, the hypothetical point of intersection of the two lot lines are deemed to be the intersection of the two lot lines. ii. 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 applicable zone. In the case of a conflict, the more restrictive provision(s) applies. (By-Law Number 2022-62; 2025-138) Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 150 E197. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) Despite the residential uses permitted by the applicable Zone, the following uses are the only permitted residential uses: (i) Semi-detached house; and, (ii) Townhouse (b) In addition to the uses permitted by the applicable Zone, the following uses are permitted on the ground floor within a semi- detached house, or townhouse: (i) creativity centre; (ii) retail store; (iii) day care centre; (iv) fitness centre; (v) office; (vi) personal service shop; (vii) restaurant; (viii) wellness clinic; and, (ix) grocery store. (c) Maximum Height of a Residential Building: 1-storey, prohibiting mezzanine level floor area (d) The minimum landscaped open space for back-to-back townhouse dwellings that share both a rear common party wall and a minimum of one side common party wall is 15%. (e) Maximum Driveway Width: (i) For a semi-detached dwelling, the maximum driveway width is 6 metres or 50% of the lot width, whichever is less. (ii) For a townhouse dwelling on an interior lot, the maximum driveway width is 3.5 metres. Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 151 (iii) For a townhouse dwelling on an end lot, the maximum driveway width is 4.0 metres or 50% of the width of the lot, whichever is lesser. (f) Sight triangles must comply with the following provisions: (i) A sight triangle is required by a line drawn from a point on the exterior side lot line 3.5 metres from the intersection of the exterior side lot line and the front lot line, and a point on the front lot line 3.5 metres from the intersection of the exterior side lot line and the front lot line. (i) Where the exterior side lot line and the front lot line do not intersect at a point, the hypothetical point of intersection of the two lot lines are deemed to be the intersection of the two lot lines. (ii) 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 applicable zone. In the case of a conflict, the more restrictive provision(s) applies. (By-Law Number 2022-62; 2025-138) E198. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) Despite the residential uses permitted by the applicable Zone, the following uses are the only permitted residential uses: (i) apartment building; and (ii) dwelling unit in a mixed use building. (b) Mixed use buildings 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. (c) Additional permitted non-residential use: (i) Special needs facility; Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 152 (d) The northernmost lot line is deemed to be the front lot line, southernmost lot line is deemed to be the rear lot line, the easternmost lot line is deemed to be the exterior lot line, and all other lot lines are deemed to be interior lot lines. (e) The minimum density is 100 dwelling units per net hectare. (f) The maximum height is 136 metres above sea level. (g) Height exceptions and projections permitted above the maximum height do not apply to the lands subject to this Exception. (h) The minimum ground floor height is 4.0 metres. (i) The minimum setback from any lot line is 3.0 metres, unless one of the following conditions applies: (i) Where a lot line abuts any Urban Residential Zone, regardless of height, the minimum setback is 15.0 metres; or (ii) Where a lot line abuts any other Zone and the building or structure is greater than 13.5 metres in height above the grade of the lot line, the minimum setback is 10.0 metres. (j) The minimum parking space dimensions are 2.6 metres wide and 5.2 metres long. (k) The minimum drive aisle width is 6.1 metres. (l) Parking spaces must comply with the following provisions: (i) Parking spaces are permitted in any yard. (ii) Where a parking space is adjacent to a street, a minimum 1.0- metre high berm must be provided, which includes a minimum 3.0- metre wide planting strip. (m) The maximum total gross leasable area for non-residential uses in E198 and E199 is: (i) Total Gross Leasable Area: 10,700 square metres. (ii) Grocery Store Gross Leasable Area: 4,200 square metres. Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 153 (n) A continuous pathway must be provided in the form of a north- south pedestrian connection to link Taylor Kidd Boulevard and the residential neighbourhood to the south. The continuous pathway must be a minimum of 3 metres wide, provide a stable surface treatment. No buildings are permitted to be included in the pathway. This pathway can be shared between this zone and the adjacent E199 zone. If a continuous pathway is provided entirely in the E199 zone, one is not required in the E198 zone. (By-Law Number 2022-62; 2025-138) E199. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) In addition to the uses permitted by the applicable Zone, the following uses are permitted: (i) apartment building; and (ii) dwelling unit in a mixed use building. (b) Despite anything to the contrary in the By-law, service stations are a prohibited use on the lands subject to this Exception. (c) The maximum height is 136 metres above sea level. (d) Height exceptions and projections permitted above the maximum height do not apply to the lands subject to this Exception. (e) The minimum ground floor height is 4.0 metres. (f) The minimum setback from any lot line is 3.0 metres, unless one of the following conditions applies: (i) Where a lot line abuts any Urban Residential Zone, regardless of height, the minimum setback is 15.0 metres; or (ii) Where a lot line abuts any other Zone and the building or structure is greater than 13.5 metres in height above the grade of the lot line, the minimum setback is 10.0 metres. (g) The minimum parking space dimensions are 2.6 metres wide and 5.2 metres long. Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 154 (h) Parking spaces must comply with the following provisions: (i) Parking spaces are permitted in any yard. (ii) Where a parking space is adjacent to a street, a minimum 1.0- metre high berm must be provided, which includes a minimum 3.0- metre wide planting strip. (i) The minimum drive aisle width is 6.1 metres (j) The minimum gross leasable area for non-residential uses is 2,000 square metres. (k) The maximum gross leasable area for non-residential uses in E198 and E199 is: (i) Total Gross Leasable Area: 10,700 square metres. (ii) Grocery Store Gross Leasable Area: 4,200 square metres. (l) A continuous pathway must be provided in the form of a north- south pedestrian connection to link Taylor Kidd Boulevard and the residential neighbourhood to the south. The continuous pathway must be a minimum of 3 metres wide, provide a stable surface treatment. No buildings are permitted to be included in the pathway. This pathway can be shared between this zone and the adjacent E198 zone. If a continuous pathway is provided entirely in the E199 zone, one is not required in the E198 zone. (By-Law Number 2022-62; 2025-138) E200. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) Only the following uses are permitted: (i) Transportation depot; (ii) Firewood processing Yard; (iii) Soil processing facility; (iv) Contractor's yard; Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 155 (v) Building supply store; and, (vi) An office associated with a permitted use; (b) Prohibited uses include anything related to hazardous material storage such as that of explosives, radioactive materials, flammable or hazardous chemicals or goods which produce noxious odours; (c) The following definitions apply: (i) Firewood Processing Yard means the storage and processing of timber into firewood; (ii) Soil Processing Facility means storing, processing and recycling of non-hazardous rock, soils, general fill and sands as well as related equipment used for recycling, screening and processing base materials into engineered graded material; (d) The minimum lot area is 13.7 hectares; (e) A berm(s) must be constructed between the area of the proposed development and the adjacent residential uses and Highway 401, save and expect where existing drainage needs to be incorporated into the design of the berm(s) and subject to the following provisions: (i) The minimum height is 4 metres at the average; (ii) The design of the berm(s) will take into account the existing drainage from the abutting property to the north to ensure that excessive ponding does not occur as a result of the berm construction; and, Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 156 (iii) The berm(s) is only permitted to be used as planting a row of evergreens and deciduous trees. The berm will be vegetated with a mix of deciduous and coniferous native species; (f) No open storage of goods or material is permitted, except in accordance with the following provisions: (i) Every open storage area must be accessory to the principal use and may include licensed vehicles, equipment, tractors and commercial vehicles; (ii) Every open storage area must comply with the setback provisions hereof, as if such open storage were a building or structure; (iii) An open storage area is limited to an area approved through the Site Plan Control Process; and, (iv) Every open storage area must be visually screened from the adjacent residential uses and Highway 401; The minimum setback from EPA zone is 30 metres. (By-Law Number 2022-62; 2025-151) E201 Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) A maximum of 4 visitor spaces may be located within the front yard provided that no visitor space be located less than 6.5 metres from the front lot line; (b) Where the lot is used for a seniors living establishment in an apartment building or mixed use building, a minimum of 0.19 long-term bike spaces are required per dwelling unit. In all other cases, the minimum number of long-term bike spaces required per dwelling unit shall be governed by section 7.3.1; (c) The minimum landscaped open space is 35%; and Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 157 (d) The minimum height for an apartment building or mixed use building is four storeys; and, (e) The lands subject to this Exception are deemed to be one lot for the purposes of interpreting zoning provisions. By-Law 2022-62; 2025-178) E202 Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The following accessory uses are permitted, up to a maximum of 15% of the total gross floor area, in the aggregate: (a) Retail store; (b) Restaurant; (c) Banquet hall; and (d) Wellness clinic; (b) The minimum rear setback is 2.0 metres; and (c) Despite the minimum setback requirements, architectural features such as ramps, stairs, canopies and wind screens may project horizontally into the required setback up to the lot line on the east side. (By-Law Number 2022-62; 2025-163) E203. Despite anything to the contrary in this By-Law, the following provisions apply to the lands subject to this Exception: (a) Dwelling units are prohibited; and (b) The minimum lot area for non-residential uses is 18 hectares. (By-Law Number 2022-62; 2025-162) E204. Reserved E205. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) A contractor's yard with accessory outdoor storage shall be permitted, in addition to all other uses; Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 158 (b) The minimum interior setback from the 327 square metre building associated with a contractor's yard is 8.6 metres; and (c) no more than 10 persons, other than a resident of a house on the lands subject to this Exception, are permitted to physically work in the contractor's yard at any given time. (By-Law Number 2022-62; 2025-297) E206. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: a) In addition to the uses permitted by the applicable Zone, the following use is permitted: i. Stacked townhouse b) Stacked townhouses must comply with the following provisions: i. The minimum lot area is 1,920 square metres; ii. The minimum lot frontage is 18 metres; iii. The minimum front setback is 4.1 metres; iv. The minimum rear setback is 6 metres; v. The minimum interior setback is 4 metres; vi. The maximum height is 4 storeys; vii. The minimum landscaped open space is 30%; viii. A minimum of 16 square metres of amenity area is required per unit; ix. The minimum width of a drive aisle is 6 metres; x. The minimum parking ratio is 0.7 parking spaces per dwelling unit; xi. A maximum of 8 long-term bike spaces are permitted within the interior of the stacked townhouse units and are permitted in the ground floor units only; xii. 100% of the horizontal length of the face of the eastern wall of each storey may be occupied by balconies; and Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 159 xiii. A maximum of 50% of the horizontal length of the face of the western wall of each storey may be occupied by balconies. c) Townhouses must comply with the applicable Zone provisions, except: i. The minimum lot area is 165 square metres; ii. The minimum lot frontage is 6 metres; iii. The minimum front setback is 6.2 metres; iv. The minimum rear setback is 6 metres; v. The minimum exterior setback is 4 metres; and vi. The maximum width of a driveway is the lesser of: 1. 6.0 metres; or 2. 65% of the length of the applicable street line frontage. d) The minimum size of a horizontal bike space is 0.3 metres wide and 1.8 metres long with 1.9 metres of vertical clearance; and e) The maximum density is 70 dwelling units per net hectare. For the purpose of calculating density, all lands subject to Exception E206 shall be treated as one lot. (By-Law 2022-62; 2025-312) E207. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The maximum number of dwelling units is 50; (b) The maximum permitted height is 13 metres; (c) The minimum setbacks and stepbacks for the front and rear façade of an apartment building are specified on Figure E207, with a maximum 5% variance on noted setback dimensions permitted; Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 160 (d) The following additional building component is permitted to exceed the maximum permitted height in accordance with Clause 4.18.2: (i) Enclosed building components providing tenants with interior amenity area; (e) Terraces with a minimum depth of 1.8 metres providing exterior amenity area are exempt from Clause 4.3.3; (f) The minimum separation distance from the high water mark of the waterbody to the south to any use or building is 15 metres; (g) The minimum setback from the floodplain of the artificially constructed swale to the east, which may be subject to flooding hazards as defined by the Cataraqui Region Conservation Authority, to any building is 6.0 metres; (h) The minimum number of parking spaces for an apartment building is 0.87 parking spaces per dwelling unit; (i) The maximum width of a driveway within the required front setback is 7.2 metres; (j) A parking space may be set back a minimum of 5.1 metres from a street line where a 2 metre wide planting strip is provided to screen the parking space from the street line; (k) A maximum of 13% of parking spaces provided on a lot may be parking spaces for small cars; (l) A privacy fence with a minimum height of 1.8 metres must be provided adjacent to a parking lot. (By-Law 2022-62; 2026-1) Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 161 (m) Figure E207 (By-Law 2022-62; 2026-1) Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 162 E208. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The following uses are not permitted: (i) agricultural sales establishment; (ii) automobile sales establishment; (iii) day care centre; (iv) hotel; (v) place of worship (vi) recreational vehicle sales establishment; (vii) repair shop; and (viii) service station. (b) No dwelling units are permitted on the lands. (c) The minimum setback for buildings and parking lots from the Highway 15 street line is 5 metres. (d) The minimum interior setback from a lot line abutting the property municipally known as 1403 Highway 15 and the south lot line is 12 metres. (e) A minimum 6.0 metre wide planting strip must be provided along the 6.0 metre servicing easement abutting the property municipally known as 1403 Highway 15. The minimum setback from the planting strip to the front lot line is 5 metres. (f) Outdoor storage is permitted as an accessory use to a building supply store, subject to the following: (i) the outdoor storage must comply with the setback requirements for the principal building; (ii) outdoor storage must not be located in a front yard; Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 163 (iii) outdoor storage must 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 an Employment or Commercial Zone; (iv) outdoor storage must not have an area greater than 30% of the lot area; and (v) when outdoor storage is established under the provisions of this By-law, the subsequent construction of a new residential use on an adjacent lot does not render such outdoor storage non-complying. (By-Law Number 2022-62; 2026-42) E209. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The minimum landscaped open space is 20%. Any hard landscaping must be of a permeable material to be included in the calculation for minimum landscaped open space. (b) Notwithstanding uses on adjacent lots, outdoor storage is permitted, in accordance with the provisions of Subsection 16.2.2. (By-Law Number 2022-62; 2026-42) E210. Reserved "E211. Despite anything to the contrary in this By-Law, the following provisions apply to the lands subject to this Exception: (a) The maximum number of dwelling units is 458; (b) The calculation of an angular plane and build-to-plane is not required; (c) The minimum number of parking spaces per dwelling unit is 0.25 parking spaces; (d) The minimum number of car-share spaces is 5 spaces; Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 164 (e) The minimum number of parking spaces for commercial uses is 100 parking spaces; (f) The minimum number of short-term delivery parking spaces is 2 spaces; (g) The minimum width of a drive aisle is 6.0 metres; (h) The maximum width of a driveway is 9.0 metres; (i) Clause 4.3.3 does not apply with respect to communal amenity areas located on the fifth and sixth floors of the building; (j) The minimum height of the first storey is 4.5 metres; (k) The minimum gross leasable area of a non-residential use on the first storey is 3,400 square metres; (l) Commercial uses on the first storey will be recessed a minimum of 0.8 metres from the outer wall of the podium; (m) On the second, third and fourth floors of the building, 100% of the length of any wall facing a street will be comprised of dwelling units, amenity areas or building components that support residential uses; (n) A minimum of 60% of the surface area of the first storey façade facing a street must be comprised of transparent glazing; (o) The maximum floor plate of all storeys above the fifth storey is 750 square metres; (p) The minimum dimensions of the required sight triangles at Barrie Street and Brock Street are 8.7 metres by 8.7 metres. The building may extend into the sight triangle above the first storey, as shown in Figure E211; (q) The building setbacks are specified on Figure E211. The building setbacks may be varied by the greater of: - 5%; and - the percentage of the setback distance prescribed by the Planning Act; Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 165 (r) Despite the minimum setback requirements, architectural features such as ramps, stairs, canopies, and wind screens may project horizontally into the required setback up to the lot line; (s) The maximum building heights are specified on Figure E211. The maximum building heights may be increased by the greater of: - 0.5 metres; and - the percentage of the maximum building height prescribed by the Planning Act; (t) The building components described in Clause 4.18.2, and indoor amenity areas, are permitted to cover a maximum area of 45% of the roof area on which they are located, in the aggregate, with maximum heights and minimum setbacks as shown on Figure E211 (By-Law Number 2022-62; 2026-30) Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 166 (u) Figure E211 (By-Law Number 2022-62; 2026-30) Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 167 E212. Despite anything to the contrary in this By-Law, the following provisions apply to the lands subject to this Exception: (a) The maximum building heights are specified on Figure E212. The maximum building heights may be increased by the greater of: a. 0.5 metres; and b. the percentage of the maximum building height prescribed by the Planning Act; (b) The building setbacks are specified on Figure E212. The building setbacks may be varied by the greater of: a. 5%; and b. the percentage of the setback distance prescribed by the Planning Act; c. The maximum heights and minimum setbacks and step backs shown on Figure E212 apply to building components described in Clause 4.18.2; d. Balconies are permitted above the first storey and within the buildings shown on Figure E212. e. The minimum separation distance from the high water mark to any building is 6.0 metres; f. A minimum 3.0 metre wide planting strip must be provided between parking spaces and the east interior lot line; g. The minimum landscaped open space is 20%; and h. A minimum 6.0 metre drive aisle is required for the portion of the drive aisle used to access a parking space perpendicular to the drive aisle. i. Figure E212: (By-Law Number 2022-62; 2026-31) Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 168 Figure E212 Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 169 E213. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) In addition to the uses permitted by the applicable Zone, the following uses are permitted: (i) Service Station including the on-site generation of renewable fuels as an accessory use; and (ii) Excess Soil Processing. (b) The minimum waterbody separation distance is 15 metres. (By-Law Number 2022-62; 2026-63) E214. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The minimum lot area for an existing house is 0.5 hectares. (b) The minimum lot frontage for an existing house is 69 metres. (By-Law Number 2022-62; 2026-50) E215. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) residential uses are prohibited. (b) The minimum lot area for a non-residential use is 30 hectares. (c) The minimum lot frontage for a non-residential use is 88 metres. (d) The minimum interior setback for a non-residential use is 10 metres. (By-Law Number 2022-62; 2026-50) E216 Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: (a) The only permitted uses are stormwater management, passive recreation, and naturalized landscaping. (By-Law Number 2022-62; 2026-42) E217. Despite anything to the contrary in this By-law, the following provisions apply to the lands subject to this Exception: Kingston Zoning By-Law Number 2022-62 Section 21: Exceptions - Part 3, Page 170 (a) The maximum height for an apartment building is 14.5 metres from finished grade; (b) The minimum front setback of a porch, including stairs and their associated guards, is 0.3 metres; (c) The minimum setback of a porch, including stairs and their associated guards, to the southern interior lot line is 1.0 metres; (d) A minimum amenity area of 16.5 square metres per dwelling unit must be provided; (e) The minimum number of parking spaces per dwelling unit is 0.57; (f) The minimum number of car-share spaces is 1; (g) The minimum number of short-term delivery spaces is 1; (h) Where a parking space is perpendicular to a drive aisle, the minimum drive aisle width is 6.0 metres; (i) The minimum number of long-term bike spaces is 48; and (j) The minimum number of short-term bike spaces is 8. (By-Law Number 2022-62; 2026-49)