Zoning By-law No. 2022-62, Part Two (Section 20: Legacy Exceptions)
Kingston, Ontario
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Kingston Zoning By-law Number 2022-62
Part 2 of 5: Section 20
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 1
Section 20: Legacy Exceptions
20.1.
Legacy Exception Overlay
20.1.1.
In accordance with Clauses 5.5.1. and 5.5.2., the following provisions apply to all
lands that are subject to a Legacy Exception with the corresponding Exception
Number on Schedule E:
L1.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum Lot Area: 247.2 square metres;
(b) Minimum Yard Setback from Couper Street: 0.2 metres; and
(c)
Minimum Aggregate Side Yard: 0.7 metres.
[Note: Former A.392A and Section 6 of former zoning by-law 8499]
L2.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum Lot Area: 305.3 square metres;
(b) Minimum Front Yard Setback: 4.0 metres;
(c)
Minimum Rear Yard Setback: 6.6 metres; and
(d) Maximum Lot Coverage: 39%.
[Note: Former A.393 and Section 6 of former zoning by-law 8499]
L3.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum Front Yard Setback: 12.6 metres;
(b) Unenclosed porches, decks, balconies, steps, and / or verandas, covered
or uncovered, are not permitted to project into the front yard setback;
and
(c)
Minimum Aggregate Side Yard: 3.05 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 2
[Note: Former A.407 and Sections 5 and 6 of former zoning by-law 8499]
L4.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum Lot Area for 2 dwelling units: 425 square metres;
(b) Maximum parking area in the rear yard: 33 square metres;
(c)
Maximum aggregate total number of bedrooms permitted: 9; and
(d) Front yard parking is prohibited.
[Note: Former A.412 and Sections 5 or 6 of former zoning by-law 8499]
L5.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Maximum number of dwelling units: 2;
(b) Maximum aggregate number of bedrooms: 9;
(c)
The use of a cellar as a portion of an existing dwelling unit is permitted;
and
(d) Front yard parking is prohibited;
(e)
Bedroom: means any room within a residential unit that is suitable to be
used as a sleeping room under the Ontario Building Code, and which for
greater certainty does not include:
(i)
Common areas open to all occupants of the unit;
(ii) Areas used for sanitary (such as a washroom) or cooking purposes
(such as a kitchen); and
(iii) Areas occupied by mechanical equipment, such as furnaces, hot
water heaters and laundry equipment.
(f)
Minimum Lot Area for two dwelling units: 664 square metres; and
(g) Minimum Front Yard Setback: 2.6 metres.
[Note: Former A.425 and Sections 5 or 6 of former zoning by-law 8499]
L6.
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 20: Legacy Exceptions - Part 2, Page 3
(a)
Definitions:
(i)
"Principal Residential Unit" means the main / core structure
intended for human habitation, on a lot.
(ii) "Second Residential Unit" means a legally existing separate dwelling
unit, which is ancillary to a principal residential unit and includes a
separate access, kitchen, washroom, and living space.
(b) Additional Permitted Uses:
(i)
A Second Residential Unit.
(c)
Prohibited Uses:
(i)
Garden Suite;
(ii) Boarding House;
(iii) Lodging House; and
(iv) Rooming House.
(d) Second Residential Unit:
(i)
Second Residential Unit Area: A second residential unit must have a
gross floor area not exceeding 40% of the gross floor area of the
principal residential unit or 90 square metres, whichever is lesser.
Calculations for gross floor area refers to the total area of each floor,
including finished attic spaces, whether located above, at, or below
grade, measured from the interior of outside walls and including
floor area occupied by interior walls, but excluding:
(1) Floor area occupied by mechanical, service, and electrical
equipment that serve the building;
(2) An open porch or balcony; and
(3) Areas internal to the building that are intended for the storage
of vehicles.
(ii) Second Residential Units per Dwelling House (maximum): 1 only.
(iii) Access: The second residential unit must have separate access from
that of the principal residential unit. Access must be provided at the
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 4
front of the building, or at the side or rear of the building where a
minimum 1.2 metre wide unobstructed walkway, that does not
impede drainage, from the front of the building to the access
provided; and
(iv) Parking and Driveway:
(1) Second Residential Unit: 1 parking space
(2) The required parking may be provided through a tandem or
stacked parking arrangement on a driveway located in the
front yard and the driveway may have a maximum width of 4.2
metres.
(3) An additional driveway is not permitted for a second
residential unit.
[Note: Former A.484 and Sections 5 or 6 of former zoning by-law 8499]
L7.
This Exception only applies to regulate the buildings and structures existing as
of the date of passing of the site specific by-law. Any new development of the
property is required to comply with this By-law. Despite anything to the
contrary in this By-law, the following provisions apply to the lands subject to
this Exception:
(a)
Zone Provisions:
(i)
The minimum lot area is 232 square metres per dwelling unit;
(ii) Minimum Rear Yard for the existing one-family dwelling: 1.4 metres;
(iii) Maximum Percentage of Lot coverage: 37%;
(iv) Maximum Yard Projection for the existing front porch and steps: 0.6
metres from the front lot line;
(v)
Minimum Accessory Building Setbacks for the existing detached
garage:
(1) Minimum Front Yard: 3.7 metres; and
(2) Minimum Rear Yard: 2.8 metres.
[Note: Former A.497 and Sections 5 or 6.3 of former zoning by-law 8499]
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 5
L8.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum Lot Area: 215 square metres per dwelling unit;
(b) Minimum Front Yard: 2.0 metres;
(c)
Minimum Side Yard:
(i)
Where a rear yard is less than 5.0 metres in depth, one side yard is
required to have a minimum width of 5.0 metres. The second side
yard is required to have a minimum width of 0.6 metres.
(ii) Where a rear yard has a minimum depth of 5.0 metres, the
minimum aggregate side yard requirement is 1.8 metres, with no
side yard being less than 0.6 metres in width.
(d) Minimum Rear Yard: 2.4 metres;
(e)
Maximum Building Depth: There is no maximum building depth
requirement;
(f)
Accessory Building:
(i)
An accessory building must be no closer than 0.6 metres from any
lot line;
(ii) An accessory building must be no closer than 0.6 metres from any
window or door of the main building to which it is accessory; and
(g) Projections into Yards: Unenclosed porches, decks, balconies, steps, and
verandas, covered or uncovered, are permitted 1.0 metre from a front lot
line.
[Note: Former A.503 and Sections 5 or 6 of former zoning by-law 8499]
L9.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
A Supportive Living Residence is permitted.
(b) The following definition applies:
(i)
Supportive Living Residence means a residence providing
accommodation primarily for retired persons or couples where each
Supportive Living Residence Suite has a private bathroom, a
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 6
separate entrance from a common hall, and a kitchenette which may
include convenience facilities such as a bar fridge and a microwave
oven but without full cooking facilities. Common facilities for the
preparation and consumption of food are provided. Common
lounges, recreation rooms, and guest / clinic rooms may also be
provided for use by residents and support staff. The Manager's
residence is a dwelling unit and is permitted to have full kitchen
facilities.
(c)
Supportive Living Residence provisions:
(i)
Maximum number of Supportive Living Residence Suites: 16.
(ii) Maximum number of manager's residence: 1.
(iii) Minimum front yard setback: 6.0 metres.
(iv) Minimum side yard setback: 4.0 metres.
(v)
Minimum aggregate side yard Setback: 11.0 metres.
(vi) Minimum rear yard setback: 19.0 metres.
(vii) Maximum height: 12.5 metres.
(viii) Minimum required number of parking spaces per Suite: 0.7.
[Note: Former A1.415 and Section 7 of former zoning by-law 8499]
L10.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum Front Yard Setback: 4.0 metres.
(b) Minimum Width of Driveway: 4.5 metres.
[Note: Former A.534 and Sections 5 or 6 of former zoning by-law 8499]
L11.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Additional Permitted Uses:
(i)
A Second Residential Unit.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 7
(b) Prohibited Uses:
(i)
Garden Suite;
(ii) Boarding House; and
(iii) Lodging House.
(c)
Second Residential Unit
(i)
Second Residential Unit Area: A second residential unit must have a
gross floor area not exceeding 40% of the gross floor area of the
principal residential unit or 90 square metres, whichever is lesser.
Calculations for gross floor area refers to the total area of each floor,
including finished attic spaces, whether located above, at, or below
grade, measured from the interior of outside walls and including
floor area occupied by interior walls, but excluding:
(1) floor area occupied by mechanical, service, and electrical
equipment that serve the building;
(2) an open porch or balcony; and
(3) areas internal to the building that are intended for the storage
of vehicles.
(ii) Second Residential Units Per Dwelling House (maximum): 1 only.
(iii) Access: The second residential unit must have separate access from
that of the principal residential unit. Access must be provided at the
front of the building, or at the side or rear of the building where a
minimum 1.2 metre wide unobstructed walkway from the front of
the building to the access is provided.
(iv) Accessory Uses, Parking Etcetera:
(1) In addition to any other parking requirements, parking space(s)
must be provided for the second residential unit. Despite
anything to the contrary in this by-law, the required parking
may be provided through a tandem or stacked parking
arrangement. The parking space location for the second
residential unit must meet the yard and driveway provisions of
the zone; and
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 8
(2) An additional driveway is not permitted for a second
residential unit.
[Note: Former A2.466 and Section 8 of former zoning by-law 8499]
L12.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Definitions:
(i)
"Principal Residential Unit" means the main / core structure
intended for human habitation, on a lot.
(ii) "Second Residential Unit" means a legally existing separate dwelling
unit, which is ancillary to a principal residential unit and includes a
separate access, kitchen, washroom, and living space.
(b) Additional Permitted Uses:
(i)
A Second Residential Unit;
(c)
Prohibited Uses:
(i)
Garden Suite;
(ii) Boarding House;
(iii) Lodging House; and
(iv) Rooming House.
(d) Second Residential Unit:
(i)
Second Residential Unit Area: A second residential unit must have a
gross floor area not exceeding 40% of the gross floor area of the
principal residential unit or 90 square metres, whichever is lesser.
Calculations for gross floor area refers to the total area of each floor,
including finished attic spaces, whether located above, at, or below
grade, measured from the interior of outside walls and including
floor area occupied by interior walls, but excluding:
(1) floor area occupied by mechanical, service, and electrical
equipment that serve the building;
(2) an open porch or balcony; and
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 9
(3) areas internal to the building that are intended for the storage
of vehicles.
(ii) Second Residential Units Per Dwelling House (maximum): 1 only.
(iii) Access: The second residential unit must have separate access from
that of the principal residential unit. Access must be provided at the
front of the building, or at the side or rear of the building where a
minimum 1.2 metre wide unobstructed walkway from the front of
the building to the access is provided.
(iv) Parking and Driveway:
(1) Second Residential Unit: 1 parking space;
(2) The required parking may be provided through a tandem or
stacked parking arrangement on a driveway located in the side
yard; and
(3) An additional driveway is not permitted for a second
residential unit.
[Note: Former A3.481 and Sections 5 or 8 of former zoning by-law 8499]
L13.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Maximum Number of Dwelling Units: 3.
(b) Minimum Lot Area: 400 square metres.
(c)
Minimum Lot Width: 10 metres.
(d) Minimum Front Yard Setback: 5.2 metres.
(e)
Front Yard Projections:
(i)
A covered or uncovered unenclosed porch, deck, balcony, or
veranda of any height may project into the required front yard, but
must be no closer than 3.3 metres to the front lot line; and
(ii) The steps associated with the covered or uncovered, unenclosed
porch, deck, balcony, or veranda of any height may project into the
required front yard, but must be no closer than 1.5 metres to the
front lot line.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 10
(f)
Maximum Height: 10.5 metres.
(g) Minimum Side Yard: 1.2 metres.
(h) Minimum Aggregate Side Yard: 2.7 metres.
(i)
Minimum Setback for Accessory Buildings: 0 metres from side or rear lot
line.
(j)
A maximum of 75 square metres of uncovered parking is permitted.
(k)
Minimum required amenity space: 75 square metres.
(l)
Minimum required play space: 0 square metres.
(m) Bicycle Parking:
(i)
The minimum number of bicycle parking spaces is 3; and
(ii) Minimum Bicycle Parking Space dimension is 1.8 metres in length by
0.3 metres wide and a minimum overhead vertical clearance of 2.1
metres.
(n) Access and Parking:
(i)
The minimum number of parking spaces is 3;
(ii) An unobstructed 1.5 metre wide driveway must be located along the
eastern portion of the subject property, adjacent to 783 King Street
West, to provide vehicular access to a rear parking area; and
(iii) An unobstructed 3.0 metre wide drive aisle must be located along
the northeastern portion of the subject property, adjacent to 783
King Street West and the parking spaces, to provide vehicular access
at the rear of the subject property.
[Note: Former A5.537 and Sections 5 or 11 of former zoning by-law 8499]
L14.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Residential Uses Permitted: Two-family dwellings; and
(b) Maximum Driveway Width: 5.1 metres.
[Note: Former A7.404 and Section 12A of former zoning by-law 8499]
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 11
L15.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Maximum Number of Residential Units: 4.
(b) Maximum Number of Bedrooms: 20.
(c)
Bedroom: means any room within a residential unit that is suitable to be
used as a sleeping room under the Ontario Building Code, and which for
greater certainty does not include:
(i)
Common areas open to all occupants of the unit;
(ii) Areas used for sanitary (such as a washroom) or cooking purposes
(such as a kitchen); and
(iii) Areas occupied by mechanical equipment, such as furnaces, hot
water heaters and laundry equipment.
Despite the foregoing, a bachelor, bachelorette or studio unit is
calculated to contain one bedroom.
(d) The minimum width of a drive aisle adjacent to a parking space is 3.25
metres.
(e)
Minimum Amenity Space Area: 260 square metres.
(f)
No minimum play area is required.
(g) Deemed to Comply:
(i)
The multiple family dwelling existing as of the date of the passing of
the former site specific by-law is deemed to comply with the
minimum front yard and minimum side yard of this Zoning By-Law.
In the event that the existing building on the site is removed, any
new development is subject to this By-law.
[Note: Former B.443 and Section 5 or 13 of former zoning by-law 8499]
L16.
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 dwelling units is 167.
(b) the maximum permissible building height is 6 storeys.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 12
(c)
Despite (a) above, the property known municipally as 358 Queen Mary
Road is permitted a maximum of 6 additional dwelling units with 5
dwelling units in a cellar.
[Note: Former B1.160 of former zoning by-law 8499]
L17.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Density: maximum density is 159 dwelling units per hectare.
(b) Parking: minimum parking is 1.1 spaces per unit.
(c)
Minimum height for vehicle clearance in an enclosed parking structure for
a barrier free parking space is 2.1 metres.
(d) Parking is permitted in all yards.
(e)
Bicycle parking is 0.5 spaces per dwelling unit.
(f)
The minimum amenity space area is 16500 square metres.
(g) The minimum aggregate side yard width is a measurement equal to 1.25
times the height of the building.
(h) For the purposes of interpretation, the lands within this Exception are
treated as a single parcel.
[Note: Former B3.423 and Sections 5 or 16 of former zoning by-law 8499]
L18.
This Exception only applies to regulate the building existing as of the date of
passing of the site specific by-law with approximately 500 square metres of
gross floor area. Any new development of the property is required to comply
with this By-law. Despite anything to the contrary in this By-law, the following
provisions apply to the lands subject to this Exception:
(a)
Only Permitted Uses:
(i)
Convenience store;
(ii) Laundromat;
(iii) Pick-up / Drop-off Drycleaners;
(iv) Video Store;
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 13
(v)
Take out Restaurant;
(vi) Coffee Shop;
(vii) Personal Services Shop;
(viii) Professional office including medical office limited to a single
practitioner;
(ix) Day care centre;
(x)
One-family dwellings, two-family dwellings and three family
dwellings, provided that such dwellings are located within a
commercial structure;
(xi) Accessory buildings to any permitted use in this Exception; and
(xii) Professional dentist office, or professional office of a similar nature.
(b) Parking spaces must have minimum dimensions of 2.6 metres wide by 5.2
metres long and a minimum adjacent drive aisle width of 6.1 metres.
(c)
Barrier free parking spaces must have minimum dimensions of 3.7 metres
wide by 5.2 metres long. The drive aisle adjacent to a barrier free parking
space must have a minimum width of 6.3 metres.
[Note: Former C1.493 of former zoning by-law 8499]
L19.
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, a maximum of 1 dwelling unit is
permitted provided it is located within the walls of the existing building
on the property on the date of the passing of the by-law.
(b) A minimum of 6 off-street parking spaces are required for use by both
the commercial office and 1 residential unit.
(c)
The existing building is deemed to be in conformity.
(d) In the event that the existing building on site is removed or added to, any
new building and the addition is subject to the regulations of this By-law.
[Note: Former C2.257 and Sections 22.3(h) and 22.3(i) of former zoning by-
law 8499]
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 14
L20.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Additional Permitted uses:
(i)
Theatre;
(ii) Auditorium; and
(iii) Accessory uses to a theatre and auditorium.
(b) Prohibited Uses:
(i)
Convocation ceremony.
(c)
Off-Street Parking must be provided as follows:
(i)
A total of 180 parking spaces must be provided for Off-Street
Parking. Required parking must be provided either on-site or in off-
site parking facilities, but must not be provided using on-street
parking;
(ii) The minimum size of a parking space is 2.6 metres wide and 5.2
metres long;
(iii) The minimum width of a drive aisle adjacent to a parking space is
6.7 metres; and
(iv) Minimum Setback from Lake Ontario Waterfront to the face of any
building is 15.8 metres.
[Note: Former E.386 and Sections 5 and 17 of former zoning by-law 8499]
L21.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
retail stores (including retail stores selling general services), lunch
counters, restaurants and accessory outdoor patios;
(b) retail warehouses;
(c)
food stores;
(d) banks;
(e)
drive-in restaurants;
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 15
(f)
motels, hotels and banquet halls;
(g) shopping centres;
(h) bowling alleys, theatres, auditoriums; and
(i)
accessory buildings to any use permitted in this Exception.
[Note: Former C2.342A of former zoning by-law 8499]
L22.
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 also permitted as accessory uses:
(i)
Specific day retail sales; and
(ii) Trade show.
(b) The uses noted above are defined as follows:
(i)
Specific Day Retail Sales means the use of any lot, building or
structure, or part thereof, for an event that brings together
members of the public or an industry for the purpose of selling or
buying goods or services, including entering into contracts for the
sale and/or purchase of goods or services, which are
complementary to the principle permitted use.
(ii) Trade Show means the use of any lot, building or structure, or part
thereof, for an event held to bring together members of a particular
industry to display, demonstrate, and promote their latest products
and services, which are complementary to the principle permitted
use.
(c)
Parking Provision
(i)
Parking for any recreational use and accessory use to a recreational
use must be at a rate of 1 space for each 26 square metres of gross
floor area.
[Note: Former P1.543 and Section 33.2 of former zoning by-law 8499]
L23.
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 20: Legacy Exceptions - Part 2, Page 16
(a)
Permitted uses are limited to:
(i)
accessory building to any use permitted in this Exception;
(ii) bank or financial institutions;
(iii) car wash;
(iv) clinic;
(v)
dry cleaning and related services;
(vi) gas station including a car wash;
(vii) neighbourhood stores;
(viii) personal service shop;
(ix) restaurant, including a drive-through facility; and
(x)
retail stores.
(b) Minimum Front Yard Depth: 3 metres.
(c)
Minimum Side Yard Depth: 3 metres.
(d) A loading zone must be provided for each building.
(e)
Parking:
(i)
The required minimum parking ratio is 3.0 parking spaces per 100
square metres of gross floor area;
(ii) The design standards of a regular parking stall must be 2.6 metres
wide by 5.2 metres long; and
(iii) The design standards of a barrier free parking stall must be 3.7
metres wide by 5.2 metres long.
[Note: Former C2.471 of former zoning by-law 8499]
L24.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Rear Yard (minimum): 1.5 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 17
(b) Interior Side Yard (minimum): 1.5 metres.
(c)
A minimum of 54% of the building frontage must be built to the front
property line.
(d) The property is not subject to a minimum ground floor height.
(e)
The property is not subject to a minimum streetwall height.
(f)
Off Street Parking:
(i)
Parking may be permitted in a yard abutting a streetline; and
(ii) Parking spaces must have minimum dimension of 2.6 metres wide
and 5.2 metres long;
(g) Bicycle Parking:
(i)
Horizontal parking stalls must have minimum dimensions of 1.8
metres by 0.3 metres; and
(ii) Vertical parking stalls must have minimum dimensions of 1.5 metres
by 0.3 metres;
(h) Minimum Amenity Area: 65 square metres.
(i)
This property is not subject to a rear yard angular plane.
[Note: Former C4.464 and Section 23C of former zoning by-law 8499]
L25.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
The lands must be used for no other purpose than a public park,
including a public pathway.
(b) Any development/structures must be setback a minimum of 30 metres
from the maximum recorded water level of Colonel By Lake/River Styx,
defined as 88.92 metres G.S.C., as shown on Figure L25.
(c)
The distance of 30 metres inland from the maximum recorded water level,
defined as 88.92 metres G.S.C., must be maintained as a 'no cut' buffer
area within which there is no disturbance of the soil mantle or vegetation
cover, with the exception of a public pathway. Marine facilities (including
but not limited to boathouses and/or docks) are prohibited.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 18
(d) All structures must be setback a minimum of 5 metres from the unnamed
watercourse, as shown on Figure L25.
[Note: Former OS-19 of former zoning by-law 32-74]
Figure L25
L26.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted Use: detached single family dwelling house.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 19
(b) Maximum Number of Dwellings per lot: 1.
(c)
Minimum Lot Frontage: 19.2 metres.
(d) Water Setback:
(i)
The required setback for all buildings or structures is 75 metres from
the high water mark or 15 metres from the regulatory flood plain
elevation of 76.3 metres Geological Survey of Canada (GSC),
whichever is the greater;
(ii) The required setback for septic systems is 45 metres from the high
water mark or 15 metres from the regulatory flood plain elevation of
76.3 metres GSC, whichever is the greater;
(iii) The natural vegetation within 30 metres of the shoreline of the St.
Lawrence River must be maintained in order to dissipate waves, filter
runoff, prevent soil erosion and provide wildlife habitat. Selective
trimming or removal of vegetation and creation of a walking path
(not hardened or paved) to the shoreline would be acceptable in
this area;
(e)
Minimum Rear Yard Depth: 6.0 metres.
[Note: Former ER-10 and Sections 5 or 7 of former zoning by-law 32-74]
L27.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
The combined area of all zones on the lot must be used for the purpose
of calculating minimum lot area, minimum landscaped open space and
maximum lot coverage.
(b) The following uses are the only permitted uses:
(i)
Residential Uses:
(1) a detached single family dwelling house.
(ii) Non-Residential Uses:
(1) a home occupation; and
(2) a public use.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 20
(c)
Zone Provisions:
(i)
Lot Area (minimum): 1.0 hectare.
(ii) Lot Frontage (minimum): 30 metres.
(iii) Front Yard Depth (minimum): 15 metres.
(iv) Interior Side Yard Width (minimum): 6 metres.
(v)
Rear Yard Depth (minimum): 0 metres.
(vi) Dwelling Unit Area (minimum): 140 square metres.
(vii) Landscaped Open Space (minimum) : 50%.
(viii) Lot Coverage (maximum): 15%.
(ix) Height of Building (maximum): 9 metres.
(x)
Dwelling Houses Per Lot (maximum): 1 only.
(xi) All structures must be setback a minimum of 5 metres from the
unnamed watercourse, as shown on Figure L27.
[Note: Former ER-16 of former zoning by-law 32-74]
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 21
Figure L27
L28.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Lot Area (minimum): 6 hectares.
(b) Lot Frontage (minimum): 55 metres.
(c)
Dwelling House Per Lot (maximum): 1.
(d) Additional Permitted Use:
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 22
(i)
One mobile trailer up to a maximum size of 36 square metres may
only be used for the purpose of a kitchen for a catering service
operating as a home occupation.
(e)
A sight obscuring landscaped buffer must be maintained to conceal the
trailer from the adjacent residential house at 1326 John F. Scott Road.
[Note: Former A1-63 and Sections 5 or 23 of former zoning by-law 32-74]
L29.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
The permitted uses also include a community hall for community
functions and events, a union hall and office use.
[Note: Former M2.262 and Section 25.2 of former zoning by-law 8499]
L30.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum front yard:
(i)
From Princess Street: 3.0 metres; and
(ii) From Sir John A. Macdonald Boulevard: 6.6 metres.
(b) Minimum side yard along the south lot line: 2.3 metres.
(c)
The maximum lot occupancy is 36.5%.
(d) The minimum number of off-street parking spaces is:
(i)
4.6 spaces per 92.9 square metres of gross leasable area for a
supermarket. and
(ii) 5.0 spaces per 92.9 square metres of gross leasable area for all other
uses.
(e)
The off-street parking space requirement may be reduced by a maximum
of 48 parking spaces while a seasonal garden centre is operational (from
April 15 to October 15 each year).
(f)
A total of 112 off-street parking spaces are permitted off site within 100
metres of the subject property.
(g) Off-street parking spaces must have a minimum length of 5.8 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 23
(h) A maximum of 12 barrier free parking spaces are permitted to have a
minimum length of 5.8 metres.
(i)
A minimum of 5 loading spaces must be provided on site.
(j)
A drive-through facility must be setback a minimum of 21 metres from a
residential use or zone.
[Note: Former C3.85 and Section 23 of former zoning by-law 8499]
L31.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Building Height:
(i)
No part of the mixed use building is permitted to exceed the height
limits in metres specified by the numbers following the "H" as
shown on Figure L31, this does not prevent the erection of:
(1) Window washing equipment, lighting fixtures, ornamental
elements,
(2) lightning rods, parapets, trellises, eaves, window sills,
guardrails, balustrades, railings, stairs, stair enclosures, wheel
chair ramps, vents, ventilating equipment, landscape and green
roof elements, solar panels, partitions dividing outdoor
recreation areas, wind mitigation, chimney stack, exhaust flues,
garbage chute overrun and public art elements.
(3) Height is measured from the finished floor grade of 98.85
metres geodetic.
(4) Streetwall Height (maximum) 14.5 metres measure from 98.5
metres geodetic.
(b) The minimum angular plane does not apply.
(c)
Off Street Parking:
(i)
0.5 spaces per residential unit;
(ii) 1 space per 150 square metres of gross leasable area for any
permitted commercial use; and
(iii) minimum 63 parking spaces to be provided onsite.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 24
(d) Parking spaces must have minimum dimensions of 2.6 metres wide by 5.2
metres long.
(e)
Barrier Free parking spaces must have minimum dimensions of 3.7 metres
wide by 5.2 metres long with a minimum required vertical clearance of 2.1
metres. If a 1.5 metres access aisle is provided beside a barrier free
parking space the dimensions can be reduced to 3.2 metres wide by 5.2
metres long.
(f)
Off-site residential parking must be provided within 500 metres of the
property subject to this Exception.
(g) Loading Spaces: a minimum of one loading space is required which must
have a minimum vertical clearance of 3.4 metres.
(h) Bicycle Parking:
(i)
Horizontal parking stalls must have minimum dimensions of 1.8
metres by 0.3 metres; and
(ii) Vertical parking stalls must have minimum dimensions of 1.5 metres
by 0.3 metres.
(i)
Car Share Parking:
(i)
Car Share means the practice where a number of people share the
use of one or more motor vehicles that are owned by a profit or
non-profit car sharing organization, such car-share vehicles to be
made available for short term rental, including hourly rental; and
(ii) Two Car Share parking spaces must be provided and maintained on
the site included in the required residential parking.
(j)
Minimum Amenity Area: 3,600 square metres.
(k)
Ground floor height means the floor-to-next floor height as measured
from the finished grade of 98.85 metres geodetic and must not be less
than 5 metres.
(l)
Canopies may extend or project into a required yard not more than 1.0
metre.
(m) Residential Dwellings are not permitted on the 11th floor.
(n) The maximum number of bedrooms per unit is 3.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 25
(o) Bedroom means any room within a residential unit that is suitable to be
used as a sleeping room under the Ontario Building Code, and which for
greater certainty does not include:
(i)
Common areas open to all occupants of the unit;
(ii) Areas used for sanitary (such as a washroom) or cooking purposes
(such as a kitchen); and
(iii) Areas occupied by mechanical equipment, such as furnaces, hot
water heaters, and laundry equipment.
[Note: Former C4.465 and Section 23C of former zoning by-law 8499]
Figure L31
L32.
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:
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 26
(i)
'Bedroom' means any room within a residential unit that is suitable
to be used as a sleeping room under the Ontario Building Code, and
which for greater does not include:
(1) Areas used for sanitary (such as a washroom) or cooking
purposes (such as a kitchen);
(2) Common areas open to all occupants of the unit; or
(3) Areas occupied by mechanical equipment, such as furnaces,
hot water heaters, and laundry equipment.
(b) 'Planting Area' means an area of land that is used for the growth and
maintenance of flowers, trees, shrubbery which contain a mix of native
deciduous and coniferous trees.
(c)
Building Height
(i)
No part of the building is permitted to exceed the height limits in
metres as shown on Figure L32.
(ii) Height must be measured from the finished floor grade of 99.3
metres geodetic.
(iii) The maximum angular plane requirements do not apply.
(d) Density
(i)
The maximum number of residential dwelling units is 359.
(ii) The maximum number of bedrooms is 565. A studio dwelling unit is
considered a 1 bedroom dwelling unit.
(iii) The ground floor must contain a minimum of commercial gross
floor area of 800 square metres.
(e)
Ground Floor Height
(i)
Ground floor height means the floor-to-floor height as measured
from the finished grade of 99.0 metres geodetic.
(ii) The minimum ground floor height is 4.5 metres.
(f)
Yard Projections
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 27
(i)
Stairs are permitted to project into the front yard adjacent to
Frontenac Street with a minimum setback of 0.0 metres.
(ii) The maximum width of the stairs projecting into the front yard
adjacent to Frontenac Street is 1.5 metres. Areas in the front yard
abutting Frontenac Street not occupied by stairs must be
landscaped with a Planting Area.
(g) Off-Street Parking
(i)
A minimum parking ratio of 0.52 parking spaces per residential unit
is provided.
(ii) A minimum parking ratio of 1 space per 150 square metres of gross
leasable area for any commercial use is provided.
(iii) Parking spaces must have minimum dimensions of 2.6 metres wide
by 5.2 metres long.
(h) Off-Street Accessible Parking
(i)
A minimum of 10 accessible parking spaces are provided; 5 Type A
and 5 Type B spaces.
(ii) Type A spaces must have minimum dimensions of 3.4 metres wide
by 5.2 metres long.
(iii) Type B spaces must have minimum dimensions of 2.4 metres wide
by 5.2 metres long.
(iv) An access aisle with minimum dimensions of 1.5 metres wide by 5.2
metres long and marked with high tonal contrast diagonal lines is
required adjacent to Type A and Type B accessible parking spaces.
The access aisle may be shared between Type A and Type B spaces.
(i)
Bicycle Parking
(i)
A minimum of 1 bicycle parking stall per residential unit must be
provided.
(ii) Horizontal bicycle parking stalls must have a minimum dimension of
1.8 metres by 0.45 metres with a vertical clearance of 2.1 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 28
(iii) Vertical bicycle parking stalls must have a minimum dimension of
1.2 metres by 0.45 metres.
(iv) A minimum of 75% of on-site bicycle parking stalls must be covered.
(v)
Up to a maximum of 25% of on-site bicycle parking stalls are
permitted to be securely located outdoors and exposed to the
elements.
(j)
Community Benefits
(i)
Securement and registration of any required agreements with
respect to Community Benefits of the development under Section
37 of the Planning Act.
[Note: Former C4.555 and Sections 5 and 23C of former zoning by-law 8499]
Figure L32
L33.
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:
(i)
'Bedroom' means any room within a residential unit that is suitable
to be used as a sleeping room under the Ontario Building Code, and
which for greater does not include:
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 29
(1) Areas used for sanitary (such as a washroom) or cooking
purposes (such as a kitchen);
(2) Common areas open to all occupants of the unit; and
(3) Areas occupied by mechanical equipment, such as furnaces,
hot water heaters, and laundry equipment.
(ii) 'Car Share' means the practice where a number of people share the
use of one or more motor vehicles that are owned by a car sharing
company or organization, such car share vehicles to be made
available for short term rental, including hourly rental.
(b) Building Height
(i)
No part of the building is permitted to exceed the height limits in
metres as shown Figure L33.
(ii) The angular plane requirements do not apply.
(c)
Yards
(i)
For Nelson Street only, a minimum of 22% of the frontage must be
built to the 3.0 metres (minimum), for the height of the streetwall.
(d) Yards Projections
(i)
Stairs are permitted to project into the front yard adjacent to
Victoria Street with a minimum setback of 0.0 metres.
(e)
Density
(i)
The maximum number of residential dwelling units is 325.
(ii) The maximum number of bedrooms is 432. A studio/bachelor
dwelling unit is considered a 1 bedroom dwelling unit.
(iii) The ground floor must contain a minimum of commercial gross
floor area of 680 square metres.
(f)
Ground Floor Height
(i)
The minimum ground floor height is 4.5 metres.
(g) Off-Street Parking
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 30
(i)
A minimum parking ratio of 0.5 parking spaces per residential unit is
provided.
(ii) A minimum parking ratio of 1 space per 150 square metres of gross
leasable area for any commercial use is provided.
(iii) Parking spaces must have minimum dimensions of 2.6 metres wide
by 5.2 metres long.
(iv) A vertical stacked parking structure or facility is permitted to be
located within the south elevation of the building.
(v)
3 Car Share parking spaces must be provided and maintained on
site.
(vi) 1 Car Share parking space is equivalent to 3 regular off-street
parking spaces.
(h) Off-Street Accessible Parking
(i)
A minimum of 9 accessible parking spaces are provided; 5 Type A
and 4 Type B spaces.
(ii) Type A spaces must have minimum dimensions of 3.4 metres wide
by 5.2 metres long.
(iii) Type B spaces must have minimum dimensions of 2.7 metres wide
by 5.2 metres long.
(iv) An access aisle with minimum dimensions of 1.5 metres wide by 5.2
metres long and marked with high tonal contrast diagonal lines is
required adjacent to Type A and Type B accessible parking spaces.
The access aisle may be shared between Type A and Type B spaces.
(v)
Accessible parking spaces must have a minimum vertical clearance
of 2.75 metres.
(i)
Bicycle Parking
(i)
Vertical bicycle parking stalls must have a minimum dimension of
1.0 metres by 0.4 metres.
(j)
Loading
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 31
(i)
A minimum of two loading spaces are required; and
(ii) One space must have minimum dimensions of 3.5 metres wide by
8.5 metres long and the second space must have minimum
dimensions of 3.5 metres wide by 7.1 metres long.
[Note: Former C4.557 and Sections 4, 5 and 23C of former zoning by-law
8499]
Figure L33
L34.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Maximum Building Height: 38 metres exclusive of any elevator or service
penthouse.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 32
(b) Maximum Number of Storeys: 14.
(c)
Maximum Dwelling Houses: 1 per lot.
(d) Special Provision: For the explicit purpose of calculating density
requirements only, the lands which are subject to this Exception are
considered as one parcel.
(e)
Minimum Lot Area for an Apartment Dwelling House: 170 square metres
per dwelling unit, however, the combined number of dwelling units in the
lands subject to Exceptions L34 and L38 is 276 dwelling units in total;
(f)
Minimum Dwelling Unit Area:
(i)
Dwelling unit containing 1 bedroom: 60 square metres; and
(ii) Dwelling unit containing 2 bedrooms: 74 square metres.
(g) Parking areas are permitted in a required front yard, no closer than 1.5
metres from the road allowance.
[Note: Former R3-6 of former zoning by-law 32-74]
L35.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Maximum Building Height
(i)
The maximum height for buildings or structures is as follows:
(1) Height at Build-to-Plane 3 storeys, not to exceed 12.1 metres;
(2) Height at top of fourth storey 15.8 metres parapet;
(3) Maximum Building Height 6 storeys not to exceed (to the top
of the parapet) 23.0 metres; and
(4) Maximum height at the top of a stair tower, elevator shaft,
water tank, skylight, mechanical penthouse or other heating,
cooling or ventilating equipment or a fence, wall or structure
enclosing such elements or other similar roof construction not
to exceed 25.5 metres.
(b) Angular Plane
(i)
The commencement height of the angular plane is 15.3 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 33
(c)
Fourth Storey Setback
(i)
Commencing at the top of the maximum build-to-plane the fourth
storey setback must be not less than 1.5 metres from the build-to-
plane along the Ontario Street blockface and along the Brock Street
blockface.
(d) Sight Triangle
(i)
No part of any building or structure above grade may be altered,
enlarged, erected, renovated or used on that part of the lot at the
intersection of Brock Street and Ontario Street which is composed
of a corner sightline triangle having sides of 12 metres along each
of Brock and Ontario Streets, measured from the street corner
formed by the lot lines.
[Note: Former C1-15 of former zoning by-law 96-259]
L36.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
All residential uses are prohibited.
[Note: Former A2-36 and Sections 5 and 24 of former zoning by-law 32-74]
L37.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
The permitted uses are limited to:
(i)
a hotel with a maximum of 80 rooms;
(ii) a restaurant; and
(iii) one accessory dwelling unit to be located in the hotel.
(b) The regulations for the above uses are as follows:
(i)
Maximum Building Height: The maximum building height of a hotel
is 5 storeys, not to exceed 24.5 metres at the peak of the roof.
(ii) Maximum Gross Floor Area: The maximum gross floor area of the
hotel is 5400 square metres.
(iii) Maximum Lot Coverage: The maximum lot coverage is 40%.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 34
(iv) Permitted Projections:
(1) Bay windows and towers of the hotel are permitted to project
over the water lots to a maximum projection of 1.5 metres.
(2) Projecting decks for public access and views of the waterfront
are permitted to project over the existing waterlot areas of the
property.
(v)
Parking
(1) The minimum number of off street parking spaces to be
provided is 58, a minimum of 2 of these spaces must be barrier
free parking for the restaurant and hotel uses on the site.
(vi) Minimum Required Setback from Waters Edge: There is no specified
building setback requirement from the waters edge.
(vii) Landscaped Open Space: The minimum landscaped open space
requirement is 1,040 square metres.
(viii) Location of Accessory Building: There is no setback required for the
garbage enclosure located in the North West portion of the site.
[Note: Former HR-1 of former zoning by-law 96-259]
L38.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Maximum Building Height: 38 metres exclusive of any elevator or service
penthouse.
(b) Maximum Number of Storeys: 14.
(c)
Maximum Number of Dwelling Houses Permitted: 1 per lot.
(d) Minimum Lot Area for an Apartment Dwelling House: 170 square metres
per dwelling unit; however, the combined number of dwelling units in the
L34 and L38 Exceptions is limited to a maximum of 276 dwelling units in
total.
(e)
Minimum Dwelling Unit Areas:
(i)
Dwelling unit containing 1 bedroom: 60 square metres; and
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 35
(ii) Dwelling unit containing 2 bedrooms: 74 square metres.
(f)
Parking areas may be provided in a required front yard, provided it is not
within 1.5 metres of the road allowance.
[Note: Former R3-7 of former zoning by-law 32-74]
L39.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Definitions:
(i)
"Amenity Area" means an area or areas, at or above ground level,
intended for recreational purposes which may include landscaped
site area, patios, balconies, communal lounges, swimming pools,
and similar uses, but is not deemed to include areas occupied by
service areas, parking or driveways.
(ii) "Retirement Home" means accommodation where retirement home
suites have a separate private bathroom and a separate entrance
from a common hall and where common facilities for the
preparation and consumption of meals are provided and where
common lounges, recreation areas and medical care facilities may
also be provided. Retirement homes may also include a subordinate
number of 'dwelling units'.
(iii) "Retirement Home Suite" means a habitable space designed for
living and sleeping consisting of studios, one and two bedrooms,
private bathroom and separate entrance from a common hall, and
may include a kitchenette with convenience facilities but without full
cooking facilities.
(b) Additional permitted uses:
(i)
an apartment dwelling house; and
(ii) retirement home.
(c)
Maximum Lot Coverage: 30%.
(d) Maximum Height of Building:
(i)
27 metres where the building will not abut a residential zone; and
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 36
(ii) 19 metres along the southern lot line of the property abutting
existing residential uses.
(e)
Maximum Gross Leasable Floor Area:
(i)
retail use: 14,000 square metres;
(ii) office use: 4,500 square metres; and
(iii) residential use: 39,390 square metres.
(f)
Maximum Dwelling Units Permitted: 351.
(i)
From the maximum number of 351 dwelling units, an additional 82
units are permitted at the 2.79 ha property known municipally as
950 Centennial Drive, for a total of 433 units within the area subject
to the L39 Exception.
(ii) The residential density of the lands subject to this Exception
includes 56 existing dwelling units located at the property
municipally known as 2395 Princess Street.
(g) Planting Strip Adjoining Residential Zone: 3.0 metres.
(h) Building Setback Abutting Residential Zone: 15 metres. Within the 15
metre setback, parking or the provision for motorized vehicular access is
not permitted, with the exception of a permitted encroachment of a
maximum of 3 metres for an area to permit vehicular access.
(i)
Minimum Amenity Area: 2.0 square metres per dwelling unit/suite.
(j)
Privacy Yards: a privacy yard, clear and unobstructed by any parking area
or any vehicular driveway must be provided adjoining each habitable
room window of every dwelling unit/retirement home suite with a
minimum depth measured at right angles from such wall it adjoins in
accordance with the following:
(i)
ground floor habitable room window: 7.6 metres;
(ii) a passenger pickup/drop off area may encroach into the privacy
yard within 15 metres of the main entrance to the building. There is
no vehicle parking permitted within this area; and
(iii) within the privacy yard, an area unobstructed by a public or joint
pedestrian access surface must be provided extending 3.5 metres
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 37
from any ground floor habitable room window, this distance being
measured radially from any point on the window. A window is
considered to be located on the ground floor if any portion of the
glazing is less than 2.5 metres above the adjacent ground floor level.
(k)
Minimum Parking for the residential use located at the property
municipally addressed as 2395 Princess Street: 1.1 space per unit; and
(l)
Minimum Parking for Residential Uses at the 2.79 ha property municipally
addressed as 950 Centennial Drive: 0.6 spaces per dwelling unit. For the
purposes of calculating the minimum off-street parking requirement for a
'retirement home suite', as defined herein, a dwelling unit equivalency
ratio of 2 retirement home suites to 1 dwelling unit applies.
[Note: Former C5-7 and Sections 4, 5 and 22 of former zoning by-law 76-26]
L40.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Only the following use is permitted:
(i)
A tradesman's shop.
(b) Front Yard Depth (Minimum): 14.5 metres.
(c)
Interior Side Yard Depth: 13.3 metres.
(d) Building Height (Maximum): 7 metres.
(e)
Maximum Total Floor Area of all Buildings: 817 square metres.
(f)
Parking:
(i)
Maximum total number of outdoor parking spaces for the
tradesman's shop use: 25; and
(ii) A maximum of 4 visitor parking spaces are permitted in the front
yard, located no closer than 4 metres to any streetline.
(g) Open storage is prohibited.
(h) Planting Strip:
(i)
No planting strip is required adjacent to the rear lot line and eastern
interior side lot line; and
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 38
(ii) A planting strip is required along the front lot line in accordance
with the provisions of this By-law.
(i)
Buildings/structures and septic systems constructed after the date of
passage of the site specific by-law must have a minimum separation of 30
metres from the top of bank of the watercourse (tributary to Little
Cataraqui Creek).
[Note: Former M2-34 of former zoning by-law 76-26]
L41.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Definition:
(i)
"Building Height" means the vertical distance measured from the
average grade surrounding the building footprint to a point halfway
up the pitched roof.
(b) A row dwelling house may be vertically stacked, such that a portion of the
dwelling units is located entirely or partially above the other dwelling
units, and each dwelling unit has an independent entrance from exterior.
Such an access may also be through a shared common vestibule.
(c)
Lot Area (minimum): 94 square metres per row dwelling house.
(d) Lot Frontage (minimum): 6.7 metres per ground floor row dwelling house.
(e)
Dwelling Units (maximum): 18.
(f)
Front Yard Depth (minimum): 3.5 metres, except that this does not
prevent the erection of a deck (covered or uncovered) and stairs
providing access to the building or an upper floor balcony, provided the
deck is no taller than 1.2 metres and that the deck and balcony project no
closer than 2.0 metres to the front lot line, and that the stairs project no
closer than 0.5 metres to the front lot line.
(g) Group Setback: Not applicable.
(h) Building Height (maximum): 12.5 metres.
(i)
Dwelling Houses Per Lot (maximum): There is no maximum number of
dwelling houses per lot.
(j)
Guest Room Area (minimum): Not applicable.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 39
(k)
Privacy Yard Depth (minimum): Not applicable.
(l)
Additional Setback Requirements: No building is permitted within 6
metre horizontal setback from the 1:100 floodplain of the Little Cataraqui
Creek.
(m) Landscaped Open Space (minimum): Not applicable.
(n) Lot Coverage (maximum): 44%.
(o) Amenity Area: Amenity Area: An amenity area must be provided in
accordance with the following provisions:
(i)
A minimum of 18.5 square metres of amenity area must be provided
for each dwelling unit on a lot;
(ii) Amenity areas, or any part thereof, must be designed and located so
that the length does not exceed four times the width; and
(iii) The area of an amenity area that is located at grade level and
provided as an outdoor area exterior to the dwelling house may be
included in the calculation of landscaped open space requirements.
(p) Parking Space Dimensions (minimum): 2.6 metres wide by 5.2 metres
long.
[Note: Former R4-45 and Sections 5 and 15 of former zoning by-law 76-26]
L42.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Uses Permitted
(i)
All uses permitted by the former provisions of the C2-1 Zone of
former zoning by-law 76-26, except for an automatic car wash.
(b) Special Yard Widths/Depths
(i)
Minimum yard widths/depths abutting residential uses or vacant
land in a Residential Zone are listed below for each permitted use:
(ii) an accessory dwelling unit, an appliance rental shop, a bank, a
business or professional office, a church, a clinic, a commercial
school, a day nursery, a dry cleaning or laundry outlet, a funeral
home, an institute, a laundromat, a merchandise service shop, a
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 40
parking lot, a personal service shop, a copy shop, a private club, a
public use, a restaurant- gross floor area of up to 93 square metres,
a retail store, a take-out restaurant, an undertaking establishment, a
veterinary clinic: 7.6 metres.
(iii) an auditorium, an automobile service station, a beverage room, a
boat sales establishment, a commercial club, a convention centre, a
gasoline retail facility, a hotel, a motel, a recreational establishment,
a restaurant - gross floor area in excess of 93 square metres, a
supermarket, a vehicle sales or rental establishment: 30 metres.
(c)
Maximum Gross Leasable Area - Retail
(i)
Up to 2,000 square metres of gross leasable area may be used for
retail purposes.
(d) Maximum Ground Floor Area
(i)
The ground floor area of buildings or structures must be in
accordance with the following:
(1) For buildings located within 180 metres of the intersection of
the road rights-of-way of Princess Street and Taylor-Kidd
Boulevard: as determined by other applicable provisions of this
By-law.
(2) For buildings located wholly or in part within 30 metres of a
residential zone: 1,200 square metres.
(3) For other buildings: 1,600 square metres.
(e)
Maximum Height of Buildings
(i)
For buildings abutting Princess Street (County Road 2): 7 storeys
provided that the upper four storeys stepback at least 4 metres.
(ii) For buildings located wholly or in part within 30 metres of a
residential zone: 10.6 metres including an elevator or service
penthouse, provided that no exterior wall of any building exceeds a
height of 6 metres measured from the finished grade elevation of
the land adjoining said wall exclusive of parapets or cornices.
(iii) For other buildings: 10.6 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 41
(iv) For the purposes of this Exception, the term "stepback" mean a
building design plan that recesses the upper stories of a building a
specified distance from the established building setback and side
yard depths where applicable, in a step-like manner.
(f)
Screening of Roof Equipment
(i)
All mechanical, electrical, communications, heating, ventilation and
air conditioning or other equipment including satellite dishes
located on the roof of a building which is located within 30 metres
of a residential zone must be screened from view to the extent that
said equipment is not visible from the same elevation of a
residential dwelling on an abutting lot.
(g) Walls Abutting Residential Uses
(i)
The combined length of the exterior walls of any building, located
within 30 metres of a residential zone, which serve to define any
yard width or depth abutting the residential zone, must not exceed
45 metres.
(h) Commercial Patios
(i)
Unenclosed porches, balconies, patios and verandahs, covered or
uncovered, are permitted in a front yard and an exterior side yard
only, but must not be located closer than 30 metres to a residential
zone and not closer than 3 metres to any street line.
(i)
Loading Spaces - Yards Where Permitted
(i)
Loading spaces required by this By-law must not be located in any
yard abutting a residential use or undeveloped lands within an
Urban Residential Zone or Urban Multi-Residential Zone.
[Note: Former C2-46 of former zoning by-law 76-26]
L43.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Uses Permitted: In accordance with the provisions of the former C2-1
Zone of former zoning by-law 76-26.
(b) Maximum Gross Leasable Area - Retail: Up to 2,000 square metres of
gross leasable area may be used for retail purposes.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 42
[Note: Former C2-47 of former zoning by-law 76-26]
L44.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
The lands subject to this Exception must be used for no purpose other
than the following uses:
(i)
a fabricating plant;
(ii) a manufacturing plant;
(iii) a contractor's or tradesman's shop;
(iv) a processing plant; and
(v)
a retail outlet, a wholesale outlet or a business office accessory to a
permitted use.
(b) Front yard depth (minimum): 14 metres.
(c)
Visitor parking: A maximum of three visitor parking spaces may be
located at a minimum distance of 2 metres from the street line and must
be screened from the street with a landscaped planting strip, not less
than 2 metres wide.
(d) Open Storage: No open storage of goods or materials is permitted,
except in accordance with the following provisions:
(1) Every open storage use must be accessory to the main use of
the building on the lot;
(2) Every open storage use must comply with the yard and setback
provisions of this By-law as if such open storage area were a
building or structure provided, however, that such use
complies with (1) above; and
(3) Despite (2) above, open storage is not permitted in a front
yard.
(4) Open storage use must be visually screened within a closed
wooden, metal, plastic fence constructed of durable materials
and/or a landscaped screen consisting of coniferous planting,
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 43
extending at least 1.8 metres in height above the ground and
maintained in good condition.
(5) Despite (3) and (4) above, a maximum of 30 square metres of
open storage area may be located in the front yard without
screening and must be used for product display only.
[Note: Former M2-33 and Section 25 of former zoning by-law 76-26]
L45.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted Uses are limited to the following:
(i)
A park; and
(ii) A public use.
(b) All structures must be setback a minimum of 15 metres from the top of
the bank of the watercourse.
[Note: Former OS-12 and Section 8 of former zoning by-law 76-26]
L46.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Additional Permitted Use: Hotel, subject to the following provisions:
(i)
The maximum building height is 15 metres.
(ii) The maximum building height does not prevent the erection of
functional or mechanical elements approved under the Site Plan
Agreement and required for the normal operation of the building
and permitted uses.
(iii) The minimum yards are as follows:
(1) Front Yard Depth - 15 metres;
(2) Rear Yard Depth - 9 metres;
(3) Interior Side Yard Width - East - 17 metres; and
(4) Interior Side Yard Width - West - 19 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 44
(iv) The maximum front yard depth, measured to the nearest wall of the
main building, is 17 metres.
(v)
Canopies: Despite the required yard provisions set out in (iii) above,
canopies may project up to 3.5 metres from the wall of the main
building.
(vi) Accessory Building: An accessory building is permitted no closer
than 1.5 metres from the rear lot line.
(vii) Loading Space:
(1) A minimum of one loading space must be provided for a hotel.
(2) The required loading space may also be used as a bus parking
space.
(3) The minimum dimensions of such loading space is 12 metres
long by 3.2 metres wide.
(4) Access to loading spaces must be by means of a driveway at
least 6.0 metres wide for two-way operation.
(viii) Off-Street Parking:
(1) The minimum parking ratio requirement is 0.9 spaces per
guest room.
(2) Standard parking spaces must have minimum dimensions of
2.6 metres wide by 5.2 metres long.
(3) The minimum parking aisle width is 6 metres.
(4) Access to the required parking spaces and parking areas must
be provided by means of unobstructed driveways or
passageways having a minimum width of 6 metres for
combined ingress and egress.
(ix) Off-Street Accessible Parking
(1) Type A accessible parking spaces must have minimum
dimensions of 3.4 metres wide by 5.2 metres long.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 45
(2) Type B accessible parking spaces must have minimum
dimensions of 2.7 metres wide by 5.2 metres long.
(3) An accessible aisle with minimum dimensions of 1.5 metres
wide by 5.2 metres long, and marked with high tonal contrast
diagonal lines, is required adjacent to Type A and Type B
accessible parking spaces. The accessible aisle may be shared
between Type A and Type B accessible parking spaces.
(x)
Planting Strip
(1) A minimum 2.0 metre wide planting strip is required along the
front lot line and the east side lot line, with the exception of
the east-west portion of the east lot line, where the minimum
width of the planting strip is 1.3 metres. The planting strip will
be regulated through Site Plan Control.
[Note: Former C2-75 and Sections 5 and 19 of former zoning by-law 76-26]
L47.
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 also permitted as accessory uses within the
building known as 100 Days Road (Centre 70 Arena):
(i)
specific day retail sales; and
(ii) trade shows.
(b) The uses noted above are defined as follows:
(i)
Specific Day Retail Sales means the use of any lot, building or
structure, or part thereof, for an event that brings together
members of the public or an industry for the purpose of selling or
buying goods or services, including entering into contracts for the
sale and/or purchase of goods or services; which are
complementary to the principle permitted uses.
(ii) Trade Show means the use of any lot, building or structure, or part
thereof, for an event held to bring together members of a particular
industry to display, demonstrate, and promote their latest products
and services; which are complementary to the principle permitted
uses.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 46
(c)
Parking Provisions:
(i)
Parking for any recreational use and accessory use to a recreational
use must be at a rate of 1 space for each 26 square metres of gross
floor area.
(d) 670 Front Road (Centre 70 Arena property):
(i)
A retail store is permitted within the limits of the existing 170 square
metre building located at 670 Front Road.
(ii) Parking for a retail store must be at a rate of 5.25 parking spaces per
100 square metres of gross floor area.
(iii) That the existing deficient rear yard setback of the building known
as 670 Front Road, existing on the date of passing this By-Law, is
permitted.
[Note: Former I-14 and Section 17(1) of former zoning by-law 76-26]
L48.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted Uses:
(i)
Industrial Uses:
(1) research and development facilities, including laboratories;
(2) data processing facilities, including call centres;
(3) technologically advanced manufacturing, fabricating, and
assembling operations for the production of high value
products;
(4) film or recording studio;
(5) commercial school or training facility, provided the use is
contained within an enclosed building(s); and
(6) the following light industrial uses, provided they are contained
within an enclosed buildings: manufacturing, repairing,
fabricating, processing and assembling operations;
construction and transportation activities and facilities; storage
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 47
(does not include a self-storage facility), warehousing, and
wholesale trade activities; and communications facilities and
utilities.
(ii) Office Uses:
(1) corporate administrative offices and government offices; and
(2) administrative, professional and technical services, such as
engineering and surveying firms, that are consistent with the
image and amenity of a Business Park Industrial setting.
(iii) Permitted Complementary Uses:
(1) office and business services, such as printing and equipment
repair, which are intended to serve the Business Park Industrial
area;
(2) day care facilities;
(3) hotel and/or conference facilities, including banquet halls,
trade show buildings, and similar uses;
(4) restaurants;
(5) drive-through facilities;
(6) financial institutions;
(7) personal services;
(8) medical and paramedical uses;
(9) convenience commercial uses; and
(10) sources of renewable energy.
(b) Additional Complementary Use Provisions:
(i)
The maximum gross floor area of complementary uses must not, in
the aggregate, exceed 25% of the total gross floor area of
established, or concurrently developed space for permitted primary
uses in the Cataraqui Estates Business Park;
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 48
(ii) On a single land holding equal to or greater than 10 hectares in
area, complementary uses may be established in advance of a
permitted primary use, provided the gross floor area of such
complementary uses does not exceed 5% of the site's lot area; and
(iii) Complementary uses must be oriented towards the street frontage.
(c)
Zone Provisions:
(i)
Minimum Lot Frontage: 25 metres.
(ii) Minimum Lot Area: 550 square metres.
(iii) Minimum Front Yard Depth: 10 metres.
(iv) Minimum Exterior Yard Width: 10 metres.
(v)
Minimum Interior Yard Width: 3 metres.
(vi) Minimum Rear Yard Depth: 7.5 metres.
(vii) Minimum Landscaped Open Space: 10%.
(viii) Maximum Lot Coverage: 60%.
(ix) Maximum Building Height: 20 metres.
(x)
Planting Strips: In accordance with this By-law.
(xi) Open Storage: No open storage of goods or materials is permitted,
except in accordance with the following provisions:
(1) every open storage use must be accessory to the main use of
the property;
(2) an open storage use must not front onto or abut a public road;
(3) an open storage use must be located in the rear yard or
interior side yard;
(4) an open storage use must comply with the yard and setback
provisions contained in this section, as if the open storage use
were a building or structure;
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 49
(5) no open storage use is permitted to cover more than 35% of
the lot area;
(6) an open storage use must not generate any emissions, dust, or
debris that cannot be contained on-site;
(7) an open storage use must be properly screened and/or
buffered from view. Such screening and/or buffering will be
addressed through the Site Plan Control process; and
(8) an open storage use must not abut a lot which is zoned for a
non-industrial land use, except where the abutting lot is an
Open Space Zone (OS) or Environmental Protection Area Zone
(EPA).
(xii) Parking
(1) Minimum Parking Requirement for Industrial Uses: 1 parking
space per 100 square metres of gross floor area.
(2) Minimum Parking Requirement for Office Uses: 3.4 parking
spaces per 100 square metres of gross floor area.
(xiii) Minimum Parking Requirement for Complementary Uses:
(1) 10 parking spaces per 100 square metres of gross floor area
for a restaurant; and
(2) 3.4 parking spaces per 100 square metres of gross floor area
for all other complementary uses.
(xiv) Parking Space Requirements:
(1) Minimum width of a standard parking space: 2.6 metres.
(2) Minimum length of a standard parking space: 5.2 metres.
(xv) Yards in Which Parking Area is Permitted: Parking is permitted in
any yard, provided that no part of any parking area, other than a
driveway, is located closer than 7.6 metres to any street line and that
the area between the street line and the parking area must be
landscaped.
(xvi) Accessible Parking: In accordance with this By-law.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 50
[Note: Former BP-8 and Sections 5 and 30A of former zoning by-law 76-26]
L49.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted Non-Residential Use: Open Storage including for a Waste
Transfer Station and unconsolidated materials in accordance with the
following provisions:
(i)
Interior Side Yard (minimum): 9 metres for open storage and 49
metres for an accessory structure.
(ii) Front Yard (minimum): 6 metres for open storage.
(iii) Visual Screen must be provided along any public road which abuts
and open storage area.
[Note: Former M5-5 and Section 28 of former zoning by-law 76-26]
L50.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum Lot Area: 239.3 square metres.
[Note: Former A.394 and Section 6 of former zoning by-law 8499]
L51.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted number of residential units for the existing building: 3.
(b) Required number of parking spaces per residential unit: 1.
(c)
Maximum lot coverage for the existing building: 53%.
(d) Setback from lot line abutting Union Street: 0.5 metres.
(e)
Setback from lot line abutting Collingwood Street: 2.9 metres.
(f)
Setback from northerly lot line: 1.8 metres.
[Note: Former A.400 and Section 6of former zoning by-law 8499]
L52.
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 20: Legacy Exceptions - Part 2, Page 51
(a)
The use of a cellar as a dwelling unit or as a habitation unit is permitted.
(b) Minimum lot area for two dwelling units is 556 square metres.
(c)
Maximum number of bedrooms per dwelling unit is 4.
(d) The definition for bedroom is as follows:
(i)
Bedroom: means any room within a residential unit that is suitable
to be used as a sleeping room under the Ontario Building Code, and
which for greater certainty does not include:
(1) Common areas open to all occupants of the unit;
(2) Areas used for sanitary (such as a washroom) or cooking
purposes (such as a kitchen); and
(3) Areas occupied by mechanical equipment, such as furnaces,
hot water heaters and laundry equipment.
(e)
The second dwelling unit must not exceed 60% of the gross floor area of
the main dwelling unit.
[Note: Former A.427 of former zoning by-law 8499]
L53.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Additional Permitted Uses:
(i)
Semi-Detached Dwelling.
(b) Minimum Lot Area: 260 square metres.
(c)
Minimum Front Yard: 2.4 metres.
(d) Minimum North Interior Side Yard Setback: 0.0 metres.
(e)
Maximum Overall Building Height: 12.4 metres.
(f)
Maximum Height of Any Exterior Wall Exclusive of End Gable: 9.5 metres.
(g) Existing Dormers: Dormers existing on the date of passage of the site
specific by-law are permitted.
(h) Maximum Permitted Floor Space Index: 1.1.
(i)
Parking:
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 52
(i)
Maximum Uncovered Rear Yard Parking Area: 40 square metres.
(ii) Minimum standard parking dimensions must be 2.6 metres wide by
6.0 metres in length.
(j)
Projections into Yards: A covered or uncovered, unenclosed porch and
steps of any height may project into the required front yard, but must be
no closer than 0.0 metres to the front lot line.
(k)
Regulations for Dwellings with Common Party Walls: For the purpose of
side yard, lot width, lot area, lot coverage and lot occupancy regulations,
the subject semi-detached dwelling unit is considered as a separate
dwelling on a separate lot.
[Note: Former A.477 and Sections 5 and 6 of former zoning by-law 8499]
L54.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Definitions:
(i)
Principal Residential Unit" means the main / core structure intended
for human habitation, on a lot.
(ii) Second Residential Unit" means a legally existing separate dwelling
unit, which is ancillary to a principal residential unit and includes a
separate access, kitchen, washroom, and living space.
(b) Additional Permitted Uses:
(i)
Semi-Detached Dwelling;
(ii) A Second Residential Unit;
(c)
Prohibited Uses:
(i)
Garden Suite;
(ii) Boarding House;
(iii) Lodging House;
(iv) Rooming House.
(d) Minimum Lot Area: 350 square metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 53
(e)
Minimum Front Yard: 1.2 metres.
(f)
Minimum Interior Side Yard Setback: 0.0 metres.
(g) Minimum Aggregate Side Yard Setback: 0.0 metres.
(h) Maximum Overall Building Height: 12.5 metres.
(i)
Maximum Height of Any Exterior Wall Exclusive of End Gable: 9.5 metres.
(j)
Existing Dormers: Dormers existing on the date of passing of the site
specific by-law are permitted.
(k)
Maximum Building Depth: 15.3 metres.
(l)
Parking:
(i)
Maximum Uncovered Rear Yard Parking Area: 40 Square Metres;
(ii) Minimum standard parking dimensions must be 2.6 metres wide by
6.0 metres in length.
(m) Projections into Yards:
(i)
A covered or uncovered, unenclosed porch and steps of any height
may project into the required front yard, but must be no closer than
0.0 metres to any lot line.
(n) Regulations for Dwellings with Common Party Walls:
(i)
For the purpose of side yard, lot width, lot area, lot coverage and lot
occupancy regulations, the subject semi-detached dwelling unit is
considered as a separate dwelling on a separate lot.
(o) Second Residential Unit:
(i)
Second Residential Unit Area: A second residential unit must have a
gross floor area not exceeding 40% of the gross floor area of the
principal residential unit or 90 square metres, whichever is lesser.
Calculations for gross floor area refers to the total area of each floor,
including finished attic spaces, whether located above, at, or below
grade, measured from the interior of outside walls and including
floor area occupied by interior walls, but excluding:
(1) floor area occupied by mechanical, service, and electrical
equipment that serve the building;
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 54
(2) an open porch or balcony; and
(3) areas internal to the building that are intended for the storage
of vehicles.
(ii) Second Residential Units per Dwelling House (maximum): 1 only
(iii) Access: The second residential unit must have separate access from
that of the principal residential unit. Access must be provided at the
front of the building, or at the side or rear of the building where a
minimum 1.2 metre wide unobstructed walkway from the front of
the building to the access is provided.
(iv) Parking and Driveway:
(1) Second Residential Unit: 1 parking space.
(2) An additional driveway is not permitted for a second
residential unit.
[Note: Former A.478 and Sections 5 and 6 of former zoning by-law 8499]
L55.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Definitions:
(i)
"Principal Residential Unit" means the main/core structure intended
for human habitation, on a lot.
(ii) "Second Residential Unit" means a legally existing separate dwelling
unit, which is ancillary to a principal residential unit and includes a
separate access, kitchen, washroom, and living space.
(b) Additional Permitted Uses: A Second Residential Unit
(c)
Second Residential Unit:
(i)
Second Residential Unit Area: A second residential unit must have a
gross floor area not exceeding 40% of the gross floor area of the
principal residential unit or 90 square metres, whichever is lesser.
Calculations for gross floor area refers to the total area of each floor,
including finished attic spaces, whether located above, at, or below
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 55
grade, measured from the interior of outside walls and including
floor area occupied by interior walls, but excluding:
(1) floor area occupied by mechanical, service, and electrical
equipment that serve the building;
(2) an open porch; and
(3) areas internal to the building that are intended for the storage
of vehicles,
(ii) Maximum Second Residential Units per Dwelling House: 1 unit only,
(iii) Access: The second residential unit must have separate access from
that of the principal residential unit. Access must be provided at the
front of the building, or at the side of the building where a
minimum 1.2 metre walkway from the front of the building to the
access is provided.
(iv) Parking
(1) A second residential unit must have a minimum of 1 parking
space.
(2) An additional driveway is not permitted for a second
residential unit.
(3) Tandem parking is permitted.
[Note: Former A2.490 of former zoning by-law 8499]
L56.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum Required Lot Area: 320 square metres for two dwelling units.
(b) Minimum Required Lot Width: 10 metres for two dwelling units.
[Note: Former A4.556 and Sections 5 and 10 of former zoning by-law 8499]
L57.
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 20: Legacy Exceptions - Part 2, Page 56
(a)
Definitions: For the purpose of this Exception, the following definition
applies:
(i)
Bedroom means any room within a residential unit that is suitable to
be used as a sleeping room under the Ontario Building Code, and
which for greater certainty does not include:
(1) Common areas open to all occupants of the unit;
(2) Areas used for sanitary (such as washroom) or cooking
purposes (such as a kitchen); and
(3) Areas occupied by mechanical equipment, such as furnaces,
hot water heaters and laundry equipment.
(b) For zoning interpretation, the lands subject to this Exception are
considered one lot.
(c)
Maximum Number of Dwelling Units:
(i)
Maximum Number of Dwelling Units: 4.
(ii) No more than 2 dwelling units are permitted on each side of a
common party wall.
(d) Maximum Aggregate Number of Bedrooms on Each Side of the Common
Party Wall: 5.
(e)
Maximum Permitted Parking Area: A maximum area of 25 square metres
is permitted as an uncovered parking area in the rear yard of each side of
a semi detached dwelling unit.
(f)
Parking Space Dimensions: Minimum size of a parking space in the rear
yard of a semi-detached building is 2.7 metres wide and 5.6 metres long.
(g) Walkway: An unobstructed 1.2 metre wide walkway, that does not impede
drainage, must be provided to all dwelling unit entrances from Kingscourt
Avenue.
[Note: Former A5.442 and Sections 5 and 11 of former zoning by-law 8499]
L58.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(i)
Maximum number of dwelling units is 3.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 57
(ii) Additional dwelling units are prohibited.
(iii) Minimum Front Yard Setback: 3.90 metres.
(iv) Maximum number of bedrooms per dwelling unit: 4.
(v)
Maximum Aggregate bedrooms: 12.
(vi) The Maximum parking area in the rear yard: 49 square metres.
[Note: Former B.413 and Sections 5 and 13 of former zoning by-law 8499]
L59.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Maximum Number of Dwelling Units: 3.
(b) Minimum Side Yard: 2.41 metres.
(c)
Minimum Aggregate Side Yard: 6.48 metres.
(d) Off-Street Parking: One parking space in a driveway may be located
within the required front yard is permitted.
(e)
Flood Plain Setback: No building or structure is permitted within 6.0
metres of an 'EPA' zone.
[Note: Former B.583 and Sections 5, 13 and 38 of former zoning by-law 8499]
L60.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum Side Yard: 1.2 metres.
(b) Minimum Aggregate Side Yard: 2.5 metres.
(c)
Maximum Density: 105 dwelling units per net hectare.
(d) Off-Street Residential Parking: A minimum parking ratio of 0.75 parking
spaces per dwelling unit is required.
(e)
Required Accessible Parking Space: A minimum of one Type B accessible
parking space is required.
(f)
Parking Design Standards: The minimum size of a standard parking space
is 2.4 metres wide by 6.0 metres long.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 58
(g) Minimum setback from front lot line for projections more than 0.6 metres
in height above finished grade level:
(i)
Juliette Balconies: 5.9 metres.
(h) Minimum setback from interior side lot line for projections:
(i)
Front Steps: 1.3 metres;
(ii) Front Porch: 1.3 metres;
(iii) Juliette Balconies: 1.2 metres; and
(iv) Rear Decks: 1.3 metres.
(i)
Maximum Number of Bedrooms: 12.
[Note: Former B.600 and Sections 5 and 13 of former zoning by-law 8499]
L61.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Maximum number of dwelling units: 6.
(b) Maximum aggregate number of bedrooms: 12.
(c)
Maximum number of bedrooms per dwelling unit: 2.
(d) Minimum front yard setback: 2.64 metres.
(e)
Minimum side yard setback: 0.3 metres.
(f)
Minimum aggregate side yard setback: 2.6 metres.
(g) Maximum percentage of lot coverage 37%.
(h) Minimum amenity area: 55 square metres.
(i)
There is no minimum play space requirement.
(j)
Required number of parking spaces: 3.
(k)
The front porch is permitted a minimum of 1.27 metres from the front lot
line.
(l)
Bicycle parking area: overhead clearance in covered spaces must be a
minimum of 1.8 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 59
[Note: Former B.479 and Sections 5 and 13 of former zoning by-law 8499]
L62.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Definitions
(i)
Principal Residential Unit" means the main/core structure intended
for human habitation, on a lot.
(ii) Second Residential Unit" means a legally existing separate dwelling
unit, which is ancillary to a principal residential unit and includes a
separate access, kitchen, washroom, and living space.
(iii) Amenity Area, Private: means an indoor area or room within an
individual dwelling unit which has a minimum clear ceiling height of
2.08 metres and a minimum floor area of 10 square metres, used by
the residents of the unit for passive recreational purposes, and may
include a living room, study, den, recreational room, and similar
uses, but is not deemed to include a kitchen, lavatory, bedroom,
foyer, lobby, hall, closet, garage, laundry room, furnace room or
stairwell.
(b) Additional Permitted Uses:
(i)
A Second Residential Unit.
(c)
Minimum Front Yard Setback: 3.9 metres.
(d) Minimum Lot Area: 297 square metres.
(e)
Maximum Lot Coverage: 38%.
(f)
The use of a cellar as a portion of a dwelling unit or as a habitation unit is
permitted.
(g) Access:
(i)
The second residential unit must have separate access from that of
the principle residential unit. Access provided at the front of the
building for the principle residential unit, and at the side or rear of
the building for the second dwelling unit, where there is a minimum
1.0 metre wide unobstructed walkway, that does not impede
drainage;
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 60
(h) Off-Street Parking
(i)
Minimum standard parking dimensions must be 2.6 metres wide by
6.0 metres in length.
(ii) Parking in a stacked /tandem arrangement is permitted for a
maximum of two parking spaces.
(iii) One parking space must be provided for each dwelling unit.
[Note: Former B.529 and Sections 5 and 13 of former zoning by-law 8499]
L63.
This Exception only applies to regulate the existing structures as of the date of
passing of the site specific by-law and a 2 storey addition to the detached
garage. Any new development of the property is required to comply with this
By-law. Despite anything to the contrary in this By-law, the following provisions
apply to the lands subject to this Exception:
(a)
Minimum Lot Area Per Dwelling Unit: 208 square metres.
(b) Maximum Lot Coverage: 43%.
(c)
Maximum Building Height: 8.1 metres.
[Note: Former B.533 and Sections 4, 5, 6 and 13 of former zoning by-law
8499]
L64.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Additional Permitted Uses: Multiple Family Dwelling.
(b) Minimum Front Yard Setback: 3.0 metres.
(c)
Minimum Side Yard: 1.75 metres to any structure at or below grade.
(d) Minimum Side Yard Setback to a Dwelling or Habitation Unit: 6.5 metres.
(e)
Minimum Distance between Buildings: 4.5 metres regardless of the
location of the building.
(f)
Maximum Building Height: 11.0 metres.
(g) Maximum Lot Percentage Lot Occupancy: 145%.
(h) Maximum Number of Dwelling per Building: 28.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 61
(i)
Maximum Aggregate Number of Dwelling Units: 28.
(j)
Maximum Density: 69 units per net hectare.
(k)
A density bonus may be applied to permit a density increase to 118 units
per net hectare. The bonus is subject to the property owner entering into
a development agreement with the City, which will establish a high
quality of architectural design and human scale development consistent
with the City's long term vision for the area.
(l)
Minimum Amenity Area: 1559 square metres.
(m) Minimum Play Space: 57.5 square metres.
(n) The for the purpose of zone interpretation the subject properties be
considered as a single parcel.
(o) That the maximum number of bedrooms for a dwelling unit is 4.
(p) Bedroom: means any room within a residential unit that is suitable to be
used as a sleeping room under the Ontario Building Code, and which for
greater certainty does not include:
(i)
Common areas open to all occupants of the unit;
(ii) Areas used for sanitary (such as a washroom) or cooking purposes
(such as a kitchen); and
(iii) Areas occupied by mechanical equipment, such as furnaces, hot
water heaters and laundry equipment.
[Note: Former B2.433 and Sections 5 and 15 of former zoning by-law 8499]
L65.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum Commercial Gross Floor Area: The ground floor must contain a
minimum gross floor area of 200 square metres of commercial use.
(b) Maximum Residential Density
(i)
Maximum number of dwelling units: 35.
(ii) Maximum number of bedrooms: 100.
(iii) Dwelling units are only permitted on floors 2 and above.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 62
(c)
Ground Floor Height
(i)
Minimum ground floor height floor to floor: 4.5 metres.
(ii) Minimum height of building overhang on Garrett Street and
Division Street: 4.1 metres, measured from the average finished
grade of the sidewalk.
(iii) The height limits specified in (c)(ii) do not apply to prevent the
erection of decorative elements approved under the Site Plan
Control Agreement.
(d) Building Height
(i)
No part of the building is permitted to exceed the height limits (in
metres) as specified in Figure L65A.
(ii) The height limits specified in (d)(i) do not apply to prevent the
erection of decorative, functional, or mechanical elements approved
under the Site Plan Control Agreement.
(e)
Required Yards/Setbacks
(i)
The minimum main building wall setbacks are as specified in Figure
L65A with a 5% variance on noted dimensions.
(ii) Despite (e)(i) above, the minimum grade level setbacks are as
specified in Figure L65B with a 5% variance on noted dimensions.
(iii) Despite (e)(i) and (e)(ii) above, a balcony serving a dwelling unit may
project not more than 2.5 metres out from the main building wall
into a required yard, and there is no minimum setback from the
property line for such balcony.
(iv) The setbacks identified in (e)(i) and (e)(ii) do not apply to prevent
the erection of decorative or architectural detailing (e.g. banding,
solar shading, awnings) approved under the Site Plan Control
Agreement.
(f)
Lot Coverage
(i)
Maximum permitted lot coverage: 100%.
(g) Off-Street Parking
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 63
(i)
A minimum parking ratio of 0.42 parking spaces per dwelling unit is
required.
(ii) A minimum parking ratio of 1 parking space per 150 square metres
of gross leasable area for any commercial use is required.
(iii) Parking spaces must have minimum dimensions of 2.6 metres wide
by 5.2 metres long.
(iv) Off-site parking for residential uses is permitted within 500 metres
of 168 Division Street.
(v)
On-site parking is permitted within a partially enclosed building.
(h) Off-Street Accessible Parking
(i)
A minimum of 2 accessible parking spaces is required.
(ii) Type A accessible parking spaces must have minimum dimensions
of 3.4 metres wide by 5.2 metres long.
(iii) Type B accessible parking spaces must have minimum dimensions
of 2.4 metres wide by 5.2 metres long.
(iv) An accessible aisle with minimum dimensions of 1.5 metres wide by
5.2 metres long, and marked with high tonal contrast diagonal lines,
must be provided adjacent to Type A and Type B accessible parking
spaces. The access aisle may be shared between Type A and Type B
accessible parking spaces.
(v)
Accessible parking spaces must have a minimum vertical clearance
of 2.1 metres.
(i)
Off-Street Bicycle Parking
(i)
A minimum of 1 bicycle parking space must be provided per
dwelling unit.
(ii) Bicycle parking may be provided in a stacked vertical arrangement.
Bicycle parking stalls must have a combined minimum height of 2.5
metres, a minimum length of 1.9 metres, and a minimum width of
0.45 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 64
(iii) Required bicycle parking spaces are not permitted in the residential
units.
(j)
Amenity Space
(i)
A minimum of 12.5 square metres of amenity space must be
provided per dwelling unit.
(k)
Loading space
(i)
A minimum of one loading space must be provided on-site.
(ii) The loading space must have minimum dimensions of 3.5 metres
wide by 10.5 metres long with a vertical clearance of 4.3 metres.
(l)
Community Benefits
(i)
Any authorized increases in height and density set out in this
Exception are contingent upon the execution and registration of any
agreements (including, without limitation, any Section 37
Agreement) required by the City with respect to the provision of
Community Benefits (as defined in the City of Kingston's "Section 37
of the Planning Act: Community Benefit Guidelines").
[Note: Former C.570 and Sections 5 and 20 of former zoning by-law 8499]
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 65
Figure L65A
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 66
Figure L65B
L66.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum Front Yard: 3.9 metres, except:
(i)
A canopy and associated ground support may project 1.9 metres
into the minimum required front yard setback.
(b) Minimum Side Yard:
(i)
East 1.0 metres;
(ii) West 6.8 metres;
(iii) Aggregate 7.8 metres; and
(iv) Despite (ii) and (iii), a canopy may project 1.1 metres into the
minimum required side yard setback.
(c)
Maximum Lot Occupancy 120%.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 67
(d) Maximum Density 197 dwelling units per net hectare.
(e)
Maximum Height:
(i)
The maximum permitted height to the top of the third floor parapet
is 10.5 metres.
(ii) Despite (i), an additional 2.5 metres in height is permitted for a
partial fourth floor that is limited to an amenity room, rooftop
mechanical equipment, stair and elevator shaft overruns and
trellises.
(iii) The maximum permitted gross floor area of the indoor amenity
room located on the fourth floor is 90 square metres.
(iv) The front wall of the amenity room located on the fourth floor,
rooftop mechanical equipment, stair and elevator shaft overruns
must be no closer than 7.0 metres from the front wall of the
building.
(v)
Despite (iv), trellises must be located no closer than 5.5 metres from
the front wall of the building.
(f)
Access: The minimum width for a drive aisle is 6.0 metres.
(g) Off-Street Parking:
(i)
The minimum number of off-street parking spaces is 15 spaces.
(ii) The minimum size of a parking space is 2.6 metres wide and 5.7
metres long.
(iii) The minimum number of off-street barrier free parking spaces is 2
spaces.
(iv) The minimum size of a barrier free parking space is 3.7 metres wide
and 5.7 metres long.
(v)
Despite (iii), if a 1.5 metre side pedestrian access aisle is provided
beside a barrier free parking space, the minimum barrier free
parking space dimension can be 3.2 metres wide and 5.7 metres
long.
(h) Bicycle Parking
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 68
(i)
The minimum number of off-street bicycle parking spaces is 29
spaces.
(ii) The minimum size of a bicycle parking space is 0.45 metres wide
and 1.2 metres of vertical clearance.
[Note: Former B3.517 and Sections 5 and 16 of former zoning by-law 8499]
L67.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
For zoning interpretation purposes, the lands subject to this Exception are
considered one lot.
(b) Lot Lines: For zoning interpretation purposes, the King Street West and
Portsmouth Avenue frontages are deemed to be the Front Lot Lines, the
northern lot line opposite the King Street West frontage is deemed to be
a Side Lot Line, and the eastern lot line opposite the Portsmouth Avenue
frontage is deemed to be a Side Lot Line.
(c)
Additional Permitted Uses:
(i)
Row dwellings.
(d) Maximum Lot Occupancy: 160%.
(e)
Maximum Density: 115 dwelling units per net hectare.
(f)
Minimum Front Yard: 1.0 metres within 11.0 metres of the intersection of
Portsmouth Avenue and King Street West, and beyond this point a
minimum of 2.0 metre on King Street West and a minimum of 3.0 metres
on Portsmouth Avenue.
(g) Minimum Side Yard: 4.1 metres.
(h) Maximum Residential Building Height: 12.0 metres.
(i)
Minimum Required Number of Parking Spaces: 0.9 spaces per unit.
(j)
Off-Street Parking:
(i)
Parking spaces may be permitted to encroach 1.7 metres into the
front yard.
(ii) The minimum required parking space length is 5.2 metres and the
minimum required parking space width is 2.6 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 69
(k)
Off-Street Bicycle Parking:
(i)
Bicycle parking stalls must have a minimum width of 0.3 metres.
(l)
Projections into Yards:
(i)
Covered porches, canopies and stairs are permitted to encroach into
the minimum required front yard.
(ii) Balconies are permitted to encroach up to 1.3 metres into the east
interior side yard.
(m) Parking area screening:
(i)
The area between the parking spaces and the Portsmouth Avenue
right of way must be landscaped to screen the view of the parking
area.
[Note: Former B3.560 and Sections 4, 5 and 16 of former zoning by-law 8499]
L68.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted uses are limited to the following:
(i)
Recreational Use;
(ii) Artisans workshop;
(iii) Community Centre;
(iv) Community Hall;
(v)
Creativity Centre;
(vi) Education Centre;
(vii) Restaurant;
(viii) Offices for or in connection with a business or profession;
(ix) Neighbourhood stores;
(x)
Retail stores; and
(xi) Banks or financial institutions.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 70
(b) Minimum Rear Yard
(i)
As existing on the date of passing of the site specific by-law that
implemented this Exception.
(c)
Off-Street Parking
(i)
A minimum of 9 standard parking spaces must be provided, of
which up to 2 may be used for car share parking. 'Car share' means
the practice where a number of people share the use of one or
more motor vehicles that are owned by a car sharing company or
organization, such car share vehicles to be made available for short
term rental, including hourly rental.
(ii) Standard parking spaces must have minimum dimensions of 2.6
metres wide by 5.2 metres long.
(d) Off-Street accessible Parking
(i)
Type A accessible parking spaces must have minimum dimensions
of 3.4 metres wide by 5.2 metres long.
(ii) Type B accessible parking spaces must have minimum dimensions
of 2.4 metres wide by 5.2 metres long.
(iii) An accessible aisle with minimum dimensions of 1.5 metres wide by
5.2 metres long, and marked with high tonal contrast diagonal lines,
must be provided adjacent to Type A and Type B accessible parking
spaces. The access aisle may be shared between Type A and Type B
accessible parking spaces.
(e)
Loading Facilities
(i)
A loading space must have minimum dimensions of 3.5 metres wide
by 7.0 metres long.
(f)
Bicycle Parking
(i)
Minimum number of bicycle parking spaces: 15 spaces.
(ii) A bicycle parking space must have minimum dimensions of 0.3
metres wide by 1.8 metres long with a vertical clearance of 2.1
metres.
(g) Accessory Structures
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 71
(i)
A waste enclosure may be located within 1.0 metre of the rear lot
line and interior side lot line.
[Note: Former C1.587 and Sections 5 and 21 of former zoning by-law 8499]
L69.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
No new additions to existing buildings or structures, such as interior floor
area, decks, porches, roofed structures or septic system, other than a
marine facility, are permitted within 40 meters of the high water mark.
Within 30 metres of the lot line, which abuts the waterbody (Leo Lake),
only limited cutting or coppicing is permitted to permit water views and
access, and for reasons of safety. No roads or widespread clearing is
permitted within the 30 metres setback from the waterbody;
(b) Despite (a), pedestrian access to a marine facility is permitted.
[Note: Former A2-38 and Sections 5 and 24 of former zoning by-law 32-74]
L70.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
The lands subject to this Exception are considered one lot for zoning
purposes.
(b) The maximum width of any combined ingress and egress driveway,
measured along the street line, is 11 metres.
(c)
The minimum required distance between buildings is 5 metres.
(d) Parking areas are prohibited in the required yard that abuts the western
limits of this Exception.
[Note: Former BP-2 of former zoning by-law 32-74]
L71.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted uses also include an asphalt plant, a concrete batching plant
and any related accessory uses to aggregate extraction and processing
and any combination of the foregoing uses.
(b) The minimum setback for an asphalt plant, a concrete batching plant and
any related accessory uses to aggregate extraction and processing and
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 72
any combination of the foregoing uses from the abutting properties
known municipally as 3927 Highway 15 and 3931 Highway 15 is 200
metres.
[Note: Former MX-4 and Section 20 of former zoning by-law 32-74]
L72.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Additional permitted uses:
(i)
Universities and colleges; and
(ii) Clinics.
(b) The minimum size of a parking space is 2.6 metres wide and 5.2 metres
long.
[Note: Former E2.559 and Sections 5 and 19 of former zoning by-law 8499]
L73.
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 a shopping centre consisting of the uses
permitted by former Section 15(1)(b) of former zoning by-law 32-74,
and a day care centre and day nursery.
(b) Front Yard Depth (minimum): 18.0 metres.
(c)
Interior Side Yard Width (minimum): 18.0 metres provided that where the
interior side lot line abuts a Commercial or Institutional Zone, the interior
side yard width may be reduced to 3.0 metres, and where the interior side
lot line abuts a lot in a Commercial Zone, the interior side yard width may
be reduced to 14.0 metres.
(d) Rear Yard Depth (minimum): 22.5 metres.
(e)
Gross Floor Area (maximum): 8,000 square metres.
(f)
Parking Areas
(i)
Parking must be provided on the basis of 1 space per every 19.25
square metres of gross floor area.
(ii) Required parking may form a part of public and private streets or
lanes.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 73
(iii) The required parking area may be provided on another lot not
occupied by the building, structure or use of which the said parking
is required provided that such a parking area is not more than 250
metres from the lot requiring the parking area.
(g) Landscaped Open Space
(i)
Landscaped Open Space (minimum): 18%.
(ii) A 4.5 metre-wide landscaped open space area along the northern
and southern boundary of this Exception is required. For the
purposes of this Exception, the northern boundary of the Zone is
deemed to be adjacent to Gore Road.
(h) The planting strip provisions do not apply.
[Note: Former C-2 of former zoning by-law 32-74]
L74.
L174 Removed see By-Law Number 2024-113
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Prohibited Uses: commercial and mixed uses, apartment buildings,
multiple dwellings and home occupations.
[Note: Former MU1*8 of former zoning by-law 97-102]
L75.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
All residential uses are prohibited.
[Note: Former A2-35 and Section 5 and 24 of former zoning by-law 32-74]
L76.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted Uses
(i)
The permitted uses also include an Apartment Dwelling, where
access to the building and residential units may be provided
through a common entrance or an entrance dedicated to a specific
residential unit.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 74
(b) Density
(i)
The maximum number of residential units is 10.
(c)
Amenity Area
(i)
The minimum required Amenity Area for a two bedroom residential
unit is 17.5 square metres.
(d) Equipped Children's Play Area
(i)
An equipped Children's Play Area is not required.
(e)
Yard Setbacks and Build to Plane
(i)
Minimum Front Yard 0 metres;
(ii) Minimum Exterior Side Yard 0 metres; and
(iii) Build to Plane 0 metres.
(f)
Yard Projections
(i)
Canopies, awnings and other overhanging structures may project
from the foundation wall to the edge of the municipal road
allowance.
(g) Parking Access
(i)
Ingress and egress of vehicles to and from the street may use
forward or reverse motion to Ordnance Street.
[Note: Former C1-35 of former zoning by-law 96-259]
L77.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
The regulations are as follows:
(i)
Angular Plane: The Angular Plane provisions do not apply.
(ii) Amenity Area: The minimum amount of amenity area is 600 square
metres.
(iii) Maximum Density: The maximum density for buildings or structures
on this site is 545 residential units per net hectare.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 75
(iv) Off-Street Parking: The minimum number of off-street parking
spaces is 19.
(v)
Location of Off-Site Parking: Off-site parking must be provided
within the geographic area of former zoning by-law 96-259 with
agreement(s) registered on title.
[Note: Former C1-30 of former zoning by-law 96-259]
L78.
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 one or more of the following uses: an
existing airfield; a farm; a specialized farm; or a public use.
[Note: Former M2-1 and Section 19(1) of former zoning by-law 32-74]
L79.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted Use: a detached single family dwelling house.
(b) Lot Frontage (minimum):
(i)
Corner Lot: 10.8 metres; and
(ii) Other Lot: 9 metres.
(c)
Front Yard Depth (minimum): 3.0 metres.
(d) Rear Yard Depth (minimum): 6.75 metres.
(e)
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.
[Note: Former R12-4 and Section 11I of former zoning by-law 32-74]
L80.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Additional Permitted Use:
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 76
(i)
A second dwelling unit is permitted in a detached building, with a
maximum gross floor area of 75 square metres and a maximum
height of 6.0 metres.
(ii) All other dwelling units of any kind are prohibited.
(b) Lot Area (minimum): 557 square metres.
(c)
Lot Frontage (minimum): 16.7 metres.
(d) Yards: The required yards are defined as:
(i)
Front Yard: Abutting Hillside Drive;
(ii) Rear Yard: Abutting Mona Drive; and
(iii) Exterior Side Yard: Abutting Hudson Drive.
(e)
Rear yard depth (minimum): 11.0 metres.
(f)
Accessory Buildings:
(i)
No accessory buildings are permitted within any required front yard;
required exterior side yard; or, required rear yard.
(g) Driveways:
(i)
A maximum of two driveways are permitted on the property, each
with a maximum width of 6.0 metres, with a maximum of one
driveway per public road.
[Note: Former R1-68 and Section 5 and 12 of former zoning by-law 76-26]
L81.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Uses permitted:
(i)
A public park;
(ii) A public use; and
(iii) A school.
(b) Parking must be in the interior side and rear yards only, except that 10
non-visitor parking spaces are permitted in a front yard provided that no
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 77
part of any parking area, other than a driveway, is located closer than 1.3
metres to any street line. Visitor parking spaces are permitted within 5.8
metres of the front lot line.
[Note: Former OS-25 and Sections 5 and 8 of former zoning by-law 76-26]
L82.
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:
(i)
A bank;
(ii) A business office or professional office;
(iii) A clinic;
(iv) A convenience store;
(v)
A dry-cleaning or laundry outlet;
(vi) A home occupation;
(vii) A laundromat;
(viii) A mixed residential/commercial use;
(ix) A personal service shop;
(x)
A public use;
(xi) A recreational establishment;
(xii) A restaurant and take-out restaurant;
(xiii) A retail store;
(xiv) A shopping centre consisting of any of the permitted uses listed
herein;
(xv) A supermarket; and
(xvi) A day nursery.
[Note: Former C2-71 and Sections 5, 6 and 19 of former zoning by-law 76-26]
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 78
L83.
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 waste transfer station.
(b) "WASTE TRANSFER STATION" means a waste disposal site which has
received a Certificate of Approval under the Environmental Protection
Act, or such equivalent as may exist from time to time under this or any
successor legislation, to allow the site to be used for the purpose of
transferring waste from one vehicle to another for transportation to
another waste disposal site. Temporary storage of contaminated
materials or contaminants in an enclosed building or storage tanks is also
permitted. Accessory uses. Such as offices, equipment storage, vehicle
storage, equipment maintenance and vehicle maintenance, are permitted.
(c)
Open storage of materials, equipment or vehicles for working accessory
to the principle us, is permitted.
(d) Open storage of decommissioned and non-contaminated material, such
as fuel tanks and pumps, is permitted
(e)
Minimum lot area: 8 hectares.
(f)
No waste transfer use or facility, including tanks, buildings or open
storage is permitted, save and except for an existing structure which may
be used for an accessory office.
(g) Maximum storage capacity of liquid waste: 68,100 litres.
(h) Maximum storage capacity of solid contaminated waste: 299 tonnes.
(i)
Solid contaminated waste stored under (g) above must be contained in a
covered and enclosed building no greater than 250 square metres in area.
(j)
No development is permitted to proceed until such time a site
development agreement has been reached with the City and all required
securities deposited.
[Note: Former M4-2 and Sections 27(1) and (2) of former zoning by-law 76-
26]
L84.
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:
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 79
(i)
commercial garage
(ii) contractor's or tradesman's shop
(iii) contractor's yard
(iv) equipment maintenance and repairs
(v)
industrial repair shop
(vi) warehouse
(vii) retail sales accessory to a principal use
(viii) open storage associated with a permitted use
(ix) an office associated with a permitted use
(b) Minimum Required Yards:
(i)
Front yard: 24 metres;
(ii) Rear yard: 12 metres; and
(iii) Interior side yard: 12 metres.
(c)
The zone boundaries are considered lot lines.
(d) Landscape Strip:
(i)
A minimum 5.0 metre wide landscaping strip must be provided
along the lot line adjacent to Perth Road.
(ii) The landscape strip must include a mixture of coniferous and
deciduous trees which will provide a sight obscuring buffer, and
must include an existing quarry face.
[Note: Former M3-4 and Sections 5 and 26 of former zoning by-law 76-26]
L85.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Definitions:
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 80
(i)
"Second Residential Unit" means a legally existing separate dwelling
unit, which is ancillary to a principal residential unit and includes a
separate access, kitchen, washroom, and living space.
(b) Additional Permitted Uses:
(i)
A Second Residential Unit.
(c)
(c ) The second residential unit be limited to a maximum of one bedroom.
[Note: Former R1-72 and Sections 5 and 12 of former zoning by-law 76-26]
L86.
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)
Residential Uses
(ii) Apartment Dwelling House
(b) For the purposes of zoning interpretation, the lands subject to this
Exception are considered one lot.
(c)
Dwelling Units (maximum): 120 units.
(d) Apartment Dwelling Houses per Lot (maximum): 2.
(e)
Lot Area (minimum): 0.12 ha.
(f)
Dwelling Unit Area (minimum): 60 square metres.
(g) Interior Side Yard Setback (minimum): 10.5 metres.
(h) Landscaped Open Space (minimum): 38%.
(i)
Amenity Area (minimum). Not required.
(j)
There is no minimum privacy yards requirement.
(k)
Children's Play Area (minimum): Not required.
(l)
Parking:
(i)
The minimum number of on-site parking spaces is 140 spaces.
(ii) The minimum number of barrier free on-site parking spaces is 6
spaces.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 81
[Note: Former R4-41 and Sections 5 and 15 of former zoning by-law 76-26]
L87.
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 waste transfer facility.
(b) The following definition applies:
(i)
Waste Transfer Facility means a waste disposal site which has
received a Certificate of Approval under the Environmental
Protection Act, or such equivalent as may exist from time to time
under this or any successor legislation, to allow the site to be used
for the purpose of receiving, handling and temporary storage of
non-hazardous general construction and demolition waste and/or
solid non-hazardous municipal waste prior to the transferring of the
waste to another facility or waste disposal site. Temporary storage
of materials, equipment or vehicles for work accessory to the
principal use, is permitted. Accessory uses such as office and scale
and scale house are also permitted.
(c)
Maximum storage of waste is 500 metric tonnes.
(d) Maximum quantity of waste received on any given day is 299 metric
tonnes.
(e)
Maximum quantity of solid non-hazardous municipal waste received on
any given day is 200 metric tonnes.
(f)
All solid non-hazardous municipal waste must be contained in a covered
and enclosed building.
(g) Municipal organic waste is prohibited.
(h) Despite (a), the following provisions apply, providing the subject land is
not used for a Waste Transfer Facility:
(i)
Additional permitted uses:
(1) a cartage and transport yard;
(2) a contractor's yard;
(3) an open storage use;
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 82
(4) topsoil screening; and
(5) a public use.
(ii) Required yard (minimum) for uses abutting Industrial Zone:
(1) Front yard depth: 15 metres;
(2) Interior side yard width: 3 metres; and
(3) Rear yard depth: 8 metres.
(iii) Required yard (minimum) for uses abutting Any Other Zone:
(iv) Front yard depth: 61 metres;
(v)
Interior side yard width: 61 metres; and
(vi) Rear yard depth: 61 metres.
[Note: Former M4-4 of former zoning by-law 76-26]
L88.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted Uses:
(i)
Single Detached Dwelling House.
(ii) Semi Detached Dwelling House.
(iii) Three, Four or Five Unit Row Dwelling House.
(b) Lot Area (Minimum):
(i)
Single Detached Dwelling House: 292 square metres.
(ii) Semi Detached Dwelling Unit: 200 square metres.
(iii) Row Dwelling Unit: 170 square metres.
(c)
Density: The minimum number of residential units per net hectare on
land to be used only for dwelling units, excluding roads, parks and other
uses, is 42 dwelling units per net hectare.
(d) Lot Frontage - Corner Lot (Minimum):
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 83
(i)
Single Detached Dwelling House: 12.75 metres.
(ii) Semi Detached Dwelling Unit: 10.50 metres.
(iii) Row Dwelling Unit: 9.20 metres.
(e)
Lot Frontage - Other Lot (Minimum):
(i)
Single Detached Dwelling House: 9.75 metres.
(ii) Semi Detached Dwelling Unit: 7.50 metres.
(iii) Row Dwelling Unit: 6.10 metres.
(f)
Front Yard Depth (Minimum)
(i)
To House 4.50 metres.
(ii) To Garage 6.00 metres.
(g) Exterior Side Yard Width (Minimum): 3.00 metres.
(h) Interior Side Yard Width (Minimum):
(i)
With an attached garage: 1.20 metres.
(ii) Without an attached garage: 1.20 metres one side and 3.00 metres
on the other side, unless there is a common party wall, in which case
the minimum side yard is 0.0 metres.
(i)
Rear Yard Depth (Minimum):
(i)
6.00 metres
(ii) Despite (i), all lots backing onto Cataraqui Woods Drive must have a
minimum rear yard depth of 8.50 metres.
(j)
Lot Coverage (Maximum)
(i)
Single Detached Dwelling House: 50%.
(ii) Semi Detached Dwelling Unit: 50%.
(iii) Row Dwelling Unit: 50%.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 84
(k)
Interior Garage Width: For lots less than 12 metres wide, the minimum
interior one-car garage dimensions are 3.0 metres wide by 6.0 metres
deep. A maximum width of 5.0 metres may be applied to permit a one-
car garage with storage.
(l)
Driveway Width: The maximum width of a driveway for its entire length is:
(i)
Single Detached Dwelling House: lesser of 6.0 metres or 50% of lot
width.
(ii) Semi Detached Dwelling Unit: lesser of 6.0 metres or 50% of lot
width.
(iii) Row Dwelling Unit: 4.0 metres.
(iv) Corner Lots: a maximum driveway width of 5.0 metres where it is
located in an exterior side yard.
(m) Parking: Parking is permitted in the interior side yard and rear yard. Front
yard parking is prohibited except where it is in a driveway leading to a
permitted parking area.
(n) Landscaped Open Space: 30%.
(o) Maximum Height: 10.50 metres.
(p) Sight Triangles:
(i)
Uses Prohibited: Within any area defined as a sight triangle, the
following uses are prohibited:
(1) a building, structure or use which would obstruct the vision of
drivers of motor vehicles
(2) a fence, tree, hedge, bush or other vegetation, the top of
which exceeds 1.0 metres in height above the elevation of the
centerline of the adjacent street
(3) an uncovered surface parking area
(4) a finished grade which exceeds the elevation of the centerline
of the adjacent street by more than 1.0 metres.
(ii) Two sight triangles are required on a corner lot:
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 85
(1) The location of the first sight triangle must be located by
drawing a line between a point on the exterior side lot line that
is 4.5 metres from the intersection of the front lot line and the
exterior side lot line and a point on the front lot line that is 8.5
metres from the intersection of the front lot line and the
exterior side lot line.
(2) The location of the second sight triangle must be located by
drawing a line between a point on the exterior side lot line that
is 8.5 metres from the intersection of the front lot line and the
exterior side lot line and a point on the front lot line that is 4.5
metres from the intersection of the front lot line and the
exterior side lot line.
(3) 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 is deemed to be the intersection of the two
lot lines.
(q) Yard Encroachments: A cantilevered fireplace may project into any
required yard a maximum distance of 0.6 metres.
(r)
Five Unit row Dwelling House: A maximum of 10% of all row dwelling
house buildings are permitted to be five unit row dwelling house
buildings.
[Note: Former R3-30 and Sections 5 and 14 of former zoning by-law 76-26]
L89.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Zoning Interpretation: For the purposes of zoning interpretation the lands
subject to this Exception are treated as a single parcel.
(b) Density:
(i)
Minimum: The minimum number of residential units per net hectare
on land to be used only for dwelling units, excluding roads, parks
and other uses is 100 dwelling units per net hectare.
(ii) Maximum: The maximum number of residential units per net
hectare on land to be used only for dwelling units, excluding roads,
parks and other uses is 200 dwelling units per net hectare.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 86
(c)
Yard Depths (minimum):
(i)
West lot line: 3 metres;
(ii) All other lot lines: 10 metres; and
(iii) Despite (i) and (ii), a below grade parking structure may have a
minimum yard depth of 0.3 metres to any lot line.
(d) Height of Building
(i)
The maximum permitted height above sea level is 136 metres
(ii) Height exceptions and permitted projections above the maximum
height do not apply to lands subject to this Exception.
(e)
Privacy Yards:
(i)
A privacy yard must be provided for Apartment Dwelling Houses
with a minimum depth of 3.0 metres measured at right angles from
such wall the window adjoins except at front entrance and rear
entrance where a 1.5 metre yard is required. There is no required
privacy yard where a loading area abuts the wall of a building.
(f)
Parking Space Dimensions (minimum): 2.6 metres wide by 5.2 metres
long.
(g) Barrier-free Parking Space Vertical Clearance (minimum): 2.1 metres.
(h) Parking:
(i)
Parking is permitted in any yard.
(ii) If parking is located within any yard adjacent to a street, a minimum
1.0 metre high berm must be provided, which includes a minimum
3.0 metres wide landscaping strip containing a mixture of coniferous
and deciduous trees.
(iii) Below grade parking may be located under a landscaping strip.
(i)
Parking Aisle Lane Width (minimum): 6.1 metres.
(j)
Lot coverage: Below grade parking structures are not included in the
calculation of lot coverage.
(k)
Children's Play Area (minimum): Not required.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 87
[Note: Former R5-21 and Sections 5 and 15A of former zoning by-law 76-26]
L90.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Lot Frontage (minimum): 5.4 metres.
[Note: Former R1-77 and Sections 5 and 12 of former zoning by-law 76-26]
L91.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted Uses
(i)
Manufacturing, assembly, fabricating and processing operations;
(ii) Construction and transportation activities and facility;
(iii) Storage, warehousing and wholesale trade activities;
(iv) Communications and utilities facility;
(v)
Institutional uses with General Industrial characteristics, such as a
trade school;
(vi) Business or professional office; and
(vii) Public use.
(b) Permitted Complementary Uses
(i)
Restaurant;
(ii) Financial institution;
(iii) Personal services and convenience commercial;
(iv) Automotive, heavy equipment or truck repair facility;
(v)
Research and development facilities, including laboratories;
(vi) Clinic;
(vii) Public and private parks and recreation facilities; and
(viii) Parking lots or parking structure.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 88
(c)
Permitted Uses
(i)
A maximum of 25% of the total gross floor area of a permitted use
may be used for the purposes of a showroom, display area and
retail sales for products that are manufactured, processed,
fabricated or assembled on the premises.
(d) Complementary Uses
(i)
Complementary uses are limited to a maximum of 25% of the total
gross floor area of all buildings and structures on the lot.
(ii) Complementary uses may be established in advance of a primary
permitted use, provided the gross floor area of such uses does not
exceed 5% of the lot area.
(e)
Business or Professional Office Uses
(i)
A business office or professional office must be located within 90
metres of a street line.
(ii) A business office or professional office are restricted to a maximum
of 50% of the total gross floor area of all buildings or structures
occupying the lot.
(f)
The Lot Lines are as follows:
(i)
Front Lot Line: All lot lines that abut a street are deemed to be front
lot lines.
(ii) All Other property lines are deemed rear lot lines.
(g) Required Yards:
(i)
Minimum Front Yard Depth: 10 metres;
(ii) Minimum Rear Yard Depth: 7.6 metres; and
(iii) Maximum Building Height: 20 metres.
(h) Parking
(i)
Minimum Parking Requirement for Industrial Uses: 1 parking space
per 100 square metres of gross floor area.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 89
(ii) Minimum Parking Requirement for Office Uses: 3.4 parking spaces
per 100 square metres of gross floor area.
(iii) Minimum Parking Requirement for Complementary Uses: 3.4
parking spaces per 100 square metres of gross floor area.
(iv) Parking Space Requirements: Minimum width of a parking space is
2.7 metres and the minimum length of a parking space is 5.5 metres.
(v)
Yards in Which Parking Area Permitted: Parking may be permitted in
any yard provided that no part of any parking area, other than a
driveway is located closer than 3.5 metres to any street line.
(vi) Minimum Access Aisle Width: 6 metres.
(i)
Accessible Parking
(i)
Type A spaces must have minimum dimensions of 3.4 metres wide
by 5.5 metres long.
(ii) Type B spaces must have minimum dimensions of 2.7 metres wide
by 5.5 metres long.
(iii) An accessible aisle with minimum dimensions of 1.5 metres wide by
5.5 metres long and marked with high tonal contrast diagonal lines
is required adjacent to Type A and Type B accessible parking spaces.
The access aisle may be shared between Type A and Type B spaces.
(j)
Yards in which loading spaces are permitted: Loading spaces are
permitted in any yard provided that such loading space is located no
closer than 18.3 metres to any street line.
(k)
Sight Triangle: There is no sight triangle where Resource Road and
Centennial Drive intersect as the sight triangle has already been assumed
by the municipality.
(l)
Planting Strip: A 3.5 metre wide planting strip is required along the front
yards in accordance with the planting strip requirements.
[Note: Former M1-17 and Sections 5 and 24 of former zoning by-law 76-26]
L92.
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 20: Legacy Exceptions - Part 2, Page 90
(a)
In addition to the uses permitted, the property may be used for a multi-
sport recreational facility, a miniature golf course and may, as accessory
to the primary use, be used for Trade Shows and Specific Day Retail Sales.
(b) The following definitions apply:
(i)
"Trade Show" means the use of any lot, building or structure, or part
thereof, for an event held to bring together members of a particular
industry to display, demonstrate, and promote their latest products
and services; which are complementary to the principal permitted
uses; and
(ii) "Specific Day Retail Sales" means the use of any lot, building or
structure, or part thereof, for an event that brings together
members of the public or an industry for the purpose of selling or
buying goods or services, including entering into contracts for the
sale and/or purchase of goods or services; which are
complementary to the principal permitted uses.
(iii) "Multi-sport recreational facility" means a place designed and
equipped for the conduct of sports, leisure and other recreational
activities within an enclosed structure. Accessory permitted uses
include office, retail of no more than 30 square metres, storage,
change rooms, meeting space, and food vending area.
(c)
Minimum Lot Area: 3.2 hectares.
(d) Minimum Landscaped Open Space: 35%.
(e)
Maximum Lot Coverage: 35%.
(f)
Maximum Building Height: 24 metres.
(g) Maximum Gross Floor Area: 10,500 square metres.
(h) Top of Bank Setback: No development or site alteration is permitted
within 30 metres of the top of bank of the tributary.
(i)
Minimum Required Parking: The minimum parking ratio for any multi-
sport recreational facility, and any use accessory to a multi-sport
recreational facility, is 1 parking space for each 26 square metres of gross
floor area.
(j)
Minimum Number of Loading Spaces: 1.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 91
[Note: Former OS-15 and Sections 5 and 8 of former zoning by-law 76-26]
L93.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Additional Permitted Uses within the building existing as of the date of
the passing of the site specific by-law:
(i)
Professional office; and
(ii) Multiple family dwelling.
(b) Maximum Number of Permitted Dwelling Units: 20.
(c)
Minimum Lot Area: 3,150 square metres.
(d) Minimum Number of Off-Street Vehicle Parking: 19 parking spaces.
(e)
Outdoor Storage / Outdoor Display: Outdoor storage and outdoor
display associated with a professional office use is not permitted.
(f)
Deemed to Comply: The building and site development existing as of the
date of the passing of the site specific by-law is deemed to comply with
the regulations of this Zoning By-Law. In the event that the existing
building on the site is removed, any new development is subject to the
regulations of this By-law.
[Note: Former A.375 of former zoning by-law 8499]
L94.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Maximum Gross Floor Area: 310 square metres.
(b) Maximum Percentage of Lot Coverage: 52%.
(c)
Maximum Floor Space Index: 1.5.
(d) That the maximum height of the rear wall and the pitch and slope of the
roof of the second storey addition must match the abutting land owners
second storey addition at 50 Colborne Street.
(e)
That the maximum height of the rear wall of the one storey addition must
not exceed 2.75 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 92
(f)
That any external openings along the eastern wall of the second storey
addition be limited to transom windows at a minimum height of 2.0
metres from finished floor, subject to Ontario Building Code
requirements.
[Note: Former A.449 and Sections 5 and 6 of former zoning by-law 8499]
L95.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Maximum number of dwelling units: 2.
(b) Minimum lot area per dwelling unit: 345 square metres.
(c)
Maximum total lot coverage: 34%.
(d) Maximum residential building height: 11.7 metres.
(e)
Maximum permitted height of exterior wall exclusive of end gable: 8.1
metres.
(f)
Maximum lot coverage for accessory buildings: 11%.
(g) The maximum gross floor area of the residential unit located in the cellar
is 90 square metres. Calculations for gross floor area refers to the total
floor area, measured from the interior of outside walls and including floor
area occupied by interior walls, but excluding:
(i)
Floor area occupied by mechanical, service and electrical equipment
that serve the building;
(ii) An open porch or balcony; and
(iii) Areas internal to the building that are intended for the storage of
vehicles.
(h) The use of a cellar as a dwelling unit is permitted.
[Note: Former A.457 and Sections 5 and 6 of former zoning by-law 8499]
L96.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Existing Six Unit Multiple Family Dwelling:
(i)
Minimum Lot Area: 1,270 square metres;
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 93
(b) Existing Accessory Building:
(i)
Minimum Rear Yard: 0 metres;
(ii) Maximum Floor Area: 135 square metres.
[Note: Former A.459 and Sections 5 and 6 of former zoning by-law 8499]
L97.
This Exception only applies to regulate the existing structures as of the date of
passing of the site specific by-law. Any new development of the property is
required to comply with this By-law. Despite anything to the contrary in this
By-law, the following provisions apply to the lands subject to this Exception:
(a)
Zone Provisions
(i)
The minimum lot area is 184 square metres per dwelling unit.
(ii) Minimum Yard Setbacks for the existing one-family dwelling:
(1) Minimum Front Yard 3.2 metres;
(2) Minimum (West) Side Yard: 0.0 metres; and
(3) Minimum Rear Yard: 1.0 metres.
(iii) Maximum Percentage of Lot coverage: 48%.
(iv) Minimum Accessory Building Setbacks for the existing attached
garage:
(1) Minimum Front Yard: 3.2 metres;
(2) Minimum Rear Yard: 3.2 metres; and
(3) Minimum Distance from Window on Dwelling: 0.0 metres.
[Note: Former A.498 and Sections 5 and 6.3 of former zoning by-law 8499]
L98.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Definitions:
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 94
(i)
"Second Residential Unit" means a legally existing separate dwelling
unit, which is ancillary to a principal residential unit and includes a
separate access, kitchen, washroom, and living space.
(b) Additional Permitted Uses:
(i)
A Second Residential Unit.
(c)
Minimum Lot Area: 255 square metres.
(d) Maximum Number of Dwelling Units: 2.
(e)
Minimum side yard (north): 0 metres.
(f)
Maximum building depth: 16.2 metres.
(g) Maximum rear yard parking area: 40 square metres.
(h) Maximum site coverage: 40%.
(i)
Minimum number of parking spaces 1.
[Note: Former A.502 and Sections 5 and 6 of former zoning by-law 8499]
L99.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum Lot Area: 215 square metres per dwelling unit.
(b) Minimum Front Yard: 1.5 metres.
(c)
Minimum Side Yard: The minimum aggregate side yard requirement is 1.8
metres, with no side yard being less than 0.6 metres in width.
(d) Minimum Rear Yard: 5.8 metres.
(e)
Maximum Percentage of Lot Coverage: 37.5%.
(f)
Maximum Building Height:
(i)
The maximum permitted height of any exterior wall exclusive of end
gable is 9.0 metres.
(ii) A flat roof is not permitted above the 9.0 metre exterior wall.
(g) Maximum Building Depth: There is no maximum building depth
requirement.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 95
(h) Accessory Building:
(i)
An accessory building must be no closer than 0.6 metres from any
lot line.
(ii) An accessory building must be no closer than 0.6 metres from any
window or door of the main building to which it is accessory.
(i)
Projections into Yards:
(i)
Unenclosed porches, decks, balconies, steps, and verandas, covered
or uncovered, are permitted not less than 1.0 metre from a side lot
line if located more than 0.6 metres above the established grade. If
a minimum 1.5 metre high privacy screen is erected, the setback
may be reduced to 0.6 metres.
(ii) Unenclosed porches, decks, balconies, steps, and verandas, covered
or uncovered including an enclosed space located beneath are
permitted 0.0 metre from a front lot line for a maximum length of
6.0 metres.
[Note: Former A.504 and Sections 5 and 6 of former zoning by-law 8499]
L100.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum Lot Area: 350 square metres.
(b) Maximum Number of Dwelling Units: 2.
(c)
Maximum Building Depth: There is no maximum building depth
requirement.
(d) Minimum Yard adjacent to Cowdy Street: 0.75 metres.
[Note: Former A.511 and Sections 5 and 6 of former zoning by-law 8499]
L101.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Additional Permitted Use: Three-unit Dwelling.
(b) Minimum lot area: 125 square metres per dwelling unit.
(c)
Minimum Side Yard: The minimum aggregate side yard is 2.8 metres, with
no side yard being less than 0.6 metre in width.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 96
(d) Off-Street Parking:
(i)
1 parking space per dwelling unit is required.
(ii) The minimum size of a standard parking space is 2.6 metres wide by
5.2 metres long.
(iii) Up to 45 square metres of the rear yard may be used as uncovered
parking area.
(e)
The minimum width of a driveway is 2.2 metres.
(f)
Amenity Area:
(i)
A three-unit dwelling must comply with the amenity area
requirements of this By-law.
(ii) Amenity areas, if provided as communal space, must be aggregated
into one area or grouped into areas of not less than 47.5 square
metres.
[Note: Former A.566 and Sections 5 and 6 of former zoning by-law 8499]
L102.
Deleted see By-Law 2025-118
L103.
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 zoning interpretation, the lands subject to this
Exception are treated as a single parcel.
(b) Definitions:
(i)
"Second Residential Unit" means a legally existing separate dwelling
unit, which is ancillary to a principal residential unit and includes a
separate access, kitchen, washroom, and living space.
(c)
Additional Permitted Uses:
(i)
Second Residential Unit.
(d) Minimum Lot Area: 740 square metres.
(e)
Minimum Rear Yard for 39 Churchill: 3.9 metres.
(f)
Maximum Number of Principal Dwelling Units: 2.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 97
(g) Maximum Number of Second Residential Units: 2.
(h) Maximum rear yard and interior side yard parking area: 70 square metres.
(i)
Where four parking spaces are required, a single entrance and exit lane
with a minimum width of 3.0 metres is permitted.
[Note: Former A5.512 and Sections 5 and 11 of former zoning by-law 8499]
L104.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Definitions:
(i)
"Principal Residential Unit" means the main/core structure intended
for human habitation, on a lot.
(ii) "Second Residential Unit" means a legally existing separate dwelling
unit, which is ancillary to a principal residential unit and includes a
separate access, kitchen, washroom, and living space.
(b) Minimum Lot Area: 311 square metres.
(c)
Additional Permitted Uses: A Second Residential Unit.
(d) Second Residential Unit:
(i)
Second Residential Unit Area: A second residential unit must have a
gross floor area not exceeding 40% of the gross floor area of the
principal residential unit or 90 square metres, whichever is lesser.
Calculations for gross floor area refers to the total area of each floor,
including finished attic spaces, whether located above, at, or below
grade, measured from the interior of outside walls and including
floor area occupied by interior walls, but excluding:
(1) floor area occupied by mechanical, service, and electrical
equipment that serve the building;
(2) an open porch; and
(3) areas internal to the building that are intended for the storage
of vehicles.
(ii) Maximum Second Residential Units per Dwelling House: 1 unit only
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 98
(iii) Access: The second residential unit must have separate access from
that of the principal residential unit. Access must be provided at the
front of the building, or at the side of the building where a
minimum 1.2 metre walkway from the front of the building to the
access is provided. The walkway is permitted to be narrowed to 0.9
metres for a maximum distance of 2.0 metres.
(iv) Parking: A minimum 1 parking space must be provided for the
second residential unit.
[Note: Former A7.488 and Sections 5 and 12A of former zoning by-law 8499]
L105.
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 zoning interpretation, the lands subject to this
Exception are considered as one property.
(b) Maximum Density: 93 dwelling units per net hectare.
(c)
There is no Children's Play Space requirement for the 29 unit building
known as 40 Cliff Crescent.
(d) Parking:
(i)
Minimum Off-Street Parking: 35 parking spaces.
(ii) Minimum Barrier Free Parking Spaces: 4.
(iii) Parking is not permitted in the front yard.
[Note: Former B1.467 of former zoning by-law 8499]
L106.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
The permitted uses are limited to:
(i)
a two family dwelling; and
(ii) a three family dwelling.
(b) Required Yards:
(i)
Minimum Front Yard: 1.0 metre.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 99
(ii) Minimum Side Yard: The minimum aggregate side yard is 2.0
metres, with no side yard being less than 1.0 metre in width.
(c)
Projections into Yards: Unenclosed porches, decks, balconies, steps, and
verandas, covered or uncovered, may project into the front yard with no
minimum setback from the front lot line.
(d) Maximum Density: 71 dwelling units per net hectare.
(e)
Off-Street Parking:
(i)
The minimum size of standard parking space is 2.6 metres wide by
5.2 metres long.
(ii) The minimum size of a Type A barrier free parking space is 3.4
metres wide by 5.2 metres long.
(iii) The minimum size of a required access aisle adjacent to a barrier
free parking space is 1.5 metres wide by 5.2 metres long.
(f)
Access: Where four or more parking spaces are required, the parking area
must be accessed by at least one lane for the combined purposes of
ingress and egress, having a minimum width of 3.0 metres.
[Note: Former B.565 and Sections 5 and 13 of former zoning by-law 8499]
L107.
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 multiple family dwelling containing three
dwelling units.
(b) Maximum Number of Bedrooms: 11.
(c)
Maximum Building Height: 13.3 metres.
(d) Minimum Front Yard: 0.3 metres from the west lot line and 0.0 metres
from the south lot line.
(e)
Minimum Side Yard: 0.0 metres from the west lot line and 0.6 metres
from the north lot line.
(f)
Minimum Aggregate Side Yard: 0.6 metres.
(g) Maximum Density: 137 dwelling units per net hectare.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 100
(h) Minimum Percentage of Landscaped Open Space: 5.5%.
(i)
Maximum Lot Coverage: 77%.
(j)
Amenity Area:
(i)
Amenity area must include private amenity areas and balconies.
(ii) Each dwelling unit must contain a minimum of 22.0 square metres
of amenity area.
(iii) The basement and outdoor balcony space must be maintained as
private amenity area for each respective attached dwelling unit.
(k)
Parking Design Standards: The minimum size of a parking space is 2.6
metres wide by 5.2 metres long.
(l)
Projection into Yards: Unenclosed porches and stairs may project 0.0
metres from the east lot line, 0.6 metres from the north lot line, and 1.7
metres from the west lot line, but in no case are permitted to exceed 1.2
metres in height above the finished grade.
(m) Bicycle Parking Dimensions: The minimum bicycle parking dimensions are
0.6 metres wide by 1.8 metres long with a minimum overhead clearance
of 1.6 metres.
(n) Accessory Buildings:
(i)
An accessory building used for the purpose of bicycle storage may
be located 0.6 metres from the north lot line.
(ii) An accessory building used for the purpose of bicycle storage may
be located within 1.2 metres from any window of the main building
to which it is accessory.
[Note: Former B.601 and Sections 4, 5 and 13 of former zoning by-law 8499]
L108.
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 zoning interpretation, the lands subject to this
Exception are treated as a single parcel.
(b) Maximum Density: 66 dwelling units per hectare.
(c)
Maximum Number of Bedrooms: 17.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 101
(d) Minimum Aggregate Amenity Area: 197 metres.
(e)
Minimum Front Yard: 6.1 metres.
(f)
Minimum East Side Yard Setback for the existing one storey rear addition:
0.5 metres.
(g) Minimum East Side Yard Setback for the existing three-storey structure:
1.6 metres.
(h) Maximum Height: 11 metres.
(i)
Maximum Lot Coverage: 30%.
(j)
One shared entrance/exit lane for vehicle access to the rear parking area
is permitted, with a minimum width of 3.0 metres.
[Note: Former B1.518 and Sections 5 and 14 of former zoning by-law 8499]
L109.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Definitions:
(i)
Stacked row dwelling: means a dwelling house containing four or
more principal dwelling units where the units in each pair are
divided horizontally, and the pairs are divided vertically, and in
which each dwelling unit has an independent entrance from the
exterior.
(ii) Height: means the vertical distance measured from the average
grade surrounding the building footprint to the highest point of the
roof surface in the case of flat roofs or to a point halfway up the
roof in the case of pitched roofs.
(b) Additional Permitted Uses:
(i)
Stacked row dwelling; and
(ii) Row dwelling.
(c)
For the purposes of interpretation, the lot lines are:
(i)
Front Lot Line: The street line abutting Fray Street is deemed the
front lot line.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 102
(ii) Rear Lot Line: The northernmost property line is deemed the rear lot
line.
(iii) Side Lot Line: All other property lines are deemed side lot lines.
(d) Zone Provisions
(i)
Minimum Front Yard: 20.0 metres.
(ii) Minimum Rear Yard: 8.5 metres.
(iii) Minimum Side Yard: 4.5 metres.
(iv) Maximum Height: 10.0 metres.
(v)
Maximum Number of Dwelling Units per Building: 20.
(vi) Maximum Number of Dwelling Units: 100.
(vii) Play Space requirement: 0.0 square metres.
(e)
Any lot line which abuts a property with frontage on Division Street must
have a minimum yard of 18.0 metres, except for an accessory structure,
which must have a minimum yard of 1.2 metres.
(f)
Buffering (minimum)
(i)
A minimum 1.8 metre in height screen must be provided on the
property adjacent to the entire length of the westernmost side lot
line. Height is measured from the grade level located adjacent to
the eastern face of the proposed screen. The screen may be
comprised of masonry, retaining, living wall, fencing, vegetative
screen or a combination thereof.
(g) Off-Street Parking
(i)
Parking facilities must be provided on the same lot and may be
located in all yards but must not be located closer to any property
line than 3.0 metres.
(ii) Within the 3.0 metre front yard setback there must be trees, hedges
or ornamental fencing for the purpose of screening the surface
parking from Fray Street.
(h) Bicycle Parking
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 103
(i)
Minimum Bicycle Parking Space dimension is 1.8 metres in length by
0.3 metres wide and a minimum overhead vertical clearance of 2.1
metres
(i)
No building containing dwelling units will be nearer to any other such
building than 4.5 metres but a minimum distance of 10.0 metres must be
maintained between rear faces of opposite housing blocks and/or
apartment buildings.
(j)
The provisions of Section 5.22(c) of former zoning by-law 8499 applies
to stacked row dwellings.
[Note: Former B2.510 and Sections 5 and 15 of former zoning by-law 8499]
L110.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted Residential Uses:
(i)
Multiple family dwellings;
(ii) Senior Citizen Apartments;
(iii) Residential Care Facilities; and
(iv) Accessory buildings to any permitted use.
(b) Permitted Non-Residential Uses:
(i)
Retail stores;
(ii) Neighbourhood stores;
(iii) Food stores with a maximum gross leasable floor area of 223 square
metres;
(iv) Offices for or in connection with a business or profession;
(v)
Banks or financial institutions;
(vi) Restaurants;
(vii) Restaurants, take-out;
(viii) Libraries, art galleries or museums;
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 104
(ix) Day care centres; and
(x)
Accessory buildings to any permitted use.
(c)
Minimum Front Yard: 2.0 metres.
(d) Maximum Front Yard 4.5 metres.
(e)
Minimum Exterior Yard: 3.0 metres.
(f)
Maximum Exterior Yard 4.5 metres.
(g) Minimum Interior Side Yard 0.0 metres.
(h) Minimum Rear Yard 7.5 metres.
(i)
Minimum Lot Frontage 60.0 metres.
(j)
Minimum Lot Area 0.4 hectares.
(k)
Minimum Lot Coverage 50% of the lot area.
(l)
Minimum Height 3 storeys.
(m) Maximum Height 8 storeys.
(n) Minimum Density 75 dwelling units per net hectare.
(o) Maximum Density 123 dwelling units per net hectare.
(p) Minimum Amenity Area: As required by Section 5.27 of former zoning
by-law 8499 as of the date of passing of this by-law.
(q) Parking Requirements As per Section 5.3 of former zoning by-law 8499
as of the date of passing of this by-law.
(r)
Loading Areas As per Section 5.4 of former zoning by-law 8499 as of
the date of passing of this by-law.
(s)
Accessory Buildings As per Section 5.17 of former zoning by-law 8499
as of the date of passing of this by-law.
(t)
Courts The least permissible horizontal dimension of any court must not
be less that the height of such court.
(u) Multiple family dwelling units are not permitted on the first storey with
lot frontage on King Street West.
(v)
Free-standing non-residential uses are not permitted.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 105
(w) Vehicle access, driveways, parking and loading areas are not permitted in
the front yard abutting King Street West.
(x)
At least 70% of the front wall of the first storey of the main building must
be located within 3.0 metres of the front lot line.
(y)
Buildings must be stepbacked a minimum of 1.5 metres above the fourth
storey.
(z)
Minimum floor to ceiling height of the first storey is 4.0 metres, for
buildings with lot frontage on King Street West.
(aa) The minimum building transparency is 50% of the front building façade
and/or exterior side yard building façade, of the first storey for buildings
with lot frontage on King Street West.
(bb) Principal building entrances must be located on the front building facade
for buildings with lot frontage on King Street West.
(cc) Rooftop mechanical equipment, units and elevator penthouses must be
fully screened and or integrated into the building or building parapet.
[Note: Former B3.527 of former zoning by-law 8499]
L111.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
This Exception applies only to the existing building as of the date of
passing of the site specific by-law. In the event the existing building is
removed, new development must comply with this By-law.
(b) The minimum required front yard is 11.5 metres. An unenclosed
wheelchair ramp and one parking space may be located within the
required front yard.
(c)
The minimum side yards for the existing building and any additions
thereto must be:
(i)
On the west side: 2.05 metres; and
(ii) On the east side: 5.79 metres.
(d) The minimum number of required off-street parking spaces for the
doctor's office is 5.
[Note: Former C2.290 of former zoning by-law 8499]
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 106
L112.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum Side Yard Setback: 5.4 metres.
(b) Density: The maximum habitation unit density of lands owned by a higher
educational or medical institution must not exceed 900 habitation units
per net hectare.
(c)
All buildings on corner lots must be set back from the street line as to
maintain the sight triangle which means the triangular space formed by
the street lines of a corner lot and a line drawn from a point in one street
line to a point in the other street line, each such point being 8.0 metres
from the point of intersection of the street lines (measured along the
street lines). Where the two street lines do not intersect at a point, the
point of intersection of the street lines is deemed to be the intersection
of the projection of the street lines or the intersection of the tangents of
the street lines.
(d) Within any area defined as a sight triangle, the following uses are
prohibited;
(i)
a building, structure of use which would obstruct the vision of
drivers or motor vehicles which extends to a height of 4.15 metres;
(ii) a fence, tree, hedge, bush, or other vegetation, the top of which
exceeds 1 metre in height above the elevation of the street line; and
(iii) a finished grade which exceeds the elevation of the street line by
more than 0.5 metres.
[Note: Former E.435 and Section 17 of former zoning by-law 8499]
L113.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
The lands subject to this Exception are deemed a single parcel for zoning
purposes.
(b) Maximum Height: 33 metres, to allow for a modern interpretation of the
malting tower and for rooftop mechanical installations at the south end
of the building not to exceed one-third of the rooftop area in total.
(c)
Minimum Front, Side and Rear Yards: 0.0 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 107
(d) Off-Street Parking: Not required.
(e)
Off-Street Loading: 1 loading area measuring 3.0 metres wide and 7.5
metres long must be provided.
[Note: Former P1.387 and Section 33 of former zoning by-law 8499]
L114.
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 tree protection area, excluding any buildings
and excluding any marine facilities (including but not limited to
boathouses and/or docks).
[Note: Former OS-17 of former zoning by-law 32-74]
L115.
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 naturalized area for potential bobolink
habitat.
[Note: Former OS-18 of former zoning by-law 32-74]
L116.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Prohibited Uses:
(i)
Seasonal Dwelling House; and
(ii) Accessory Dwelling for non-farm use.
(b) Zone Provisions:
(i)
Minimum Front yard Depth: 1.3 metres.
(ii) Any rebuilding, expansion, alteration or relocation of a non-
conforming use is prohibited.
(iii) The minimum setback from the high water mark for any building or
structure is 30 metres.
[Note: Former A2-34 and Sections 4 and 24 of former zoning by-law 32-74]
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 108
L117.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum Front Yard: 12.0 metres.
(b) Minimum Rear Yard: 7.5 metres, provided that the minimum rear yard
setback for the building existing on the date of passing of By-Law
Number 2021-18 is 3.8 metres.
(c)
Minimum Side Yard: 7.5 metres, provided that there are no minimum side
yard requirement for the building existing on the date of passing of By-
Law Number 2021-18.
[Note: Former M7.599 and Section 30 of former zoning by-law 8499]
L118.
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, a linked dwelling house is a permitted
use subject to the following provisions:
(i)
Minimum lot frontage: 10.8 metres corner lot.
(ii) Minimum Interior Side Yard Width: 1.2 metres except on the side
where the houses are linked, the minimum is 0.6 metres.
(iii) Minimum Front Yard Depth: 3.0 metres.
(iv) Minimum Rear Yard Depth: 6.75 metres.
(v)
Maximum Row Dwelling Units per Building: 4.
[Note: Former R12-3 and Section 11I of former zoning by-law 32-74]
L119.
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:
(i)
Department Store means a retail store where a wide range of
merchandise is sold, including but not limited to the following:
Restaurant including without limitation fast food restaurant and/or
coffee shop; fast-food restaurant with drive-through; optical facility
and optical services; vision services; medical and medical office use;
walk-in medical clinic; dental and dental office use; general office
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 109
use; hearing aid services; telephone and communication services;
pharmacy; sale and installation of automotive parts; sale of off-road
vehicles, snowmobiles and personal watercraft; vending machines;
lottery sales; outdoor garden centre; sale of cut flowers, plants and
floral supplies; financial services, including without limitation,
provision of services pertaining to RESPs, RRSPs, cheque cashing
and moneygrams; income tax and accounting services; sale of
insurance related products; mortgage services; real estate services;
one hour photo service; photography studio; sale of all food and
beverage products; sale of pet food and pet supplies; children's
amusement centre; travel sales; dry cleaner; hair salon; printer
cartridge refill and toner services; sale of beer, wine and alcohol
products; repair of jewelry; nail or beauty salon and bank, including
automated teller machine.
(b) The following uses are also permitted:
(i)
department store
(ii) restaurant
(c)
The lands subject to this Exception are treated as one site for the purpose
of zoning.
(d) A department store must have a maximum gross floor area of 12,000
square metres.
(e)
The maximum combined gross leasable area of all permitted uses on the
lands subject to this Exception is 20,000 square metres:
(i)
A maximum of 15,000 square metres of gross floor area is permitted
for Phase I;
(ii) An additional 5,000 will be permitted as future development.
(f)
Minimum Front Yard: 3 metres.
(g) Wherever a lot line abuts a residential zone, a yard of not less than 6
metres wide must be provided within the zone.
(h) The minimum parking ratio requirement is 4.8 spaces per 100 square
metres of gross floor area.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 110
(i)
Parking may be located on a lot not more than 100 metres from the lands
subject to this Exception, subject to an agreement registered on title.
(j)
The following provisions apply to loading spaces:
(i)
For a building or structure with a gross leasable floor area up to and
including 2,300 square metres, no loading spaces are required.
(ii) For a building or structure with a gross leasable area over 2,300
square metres but not exceeding 3,700 square metres, one loading
space is required.
(iii) For a building or structure with a gross leasable area over 3,700
square metres, two loading spaces are required.
(k)
A seasonal outdoor display and sales centre with a maximum area of 950
square metres is permitted as an area set aside outside of and adjacent to
a building or structure, used in conjunction with a business located on the
same lot, and subject to the following provisions:
(i)
The seasonal outdoor display and sales centre is seasonal in nature
and does not include a permanent retailing area;
(ii) The seasonal outdoor display and sales centre is not located within
a fire lane, a parking area or loading space required to fulfill the
provisions of the Zoning By-Law; and
(iii) Open storage is permitted within the seasonal outdoor display and
sales centre, consisting of a garden centre and pallet storage areas.
[Note: Former C2.491 and Sections 4, 5 and 22 of former zoning by-law 8499]
L120.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Uses Permitted:
(i)
a bank;
(ii) a dry cleaning or laundry outlet;
(iii) a laundromat;
(iv) a personal service shop;
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 111
(v)
a public use;
(vi) a restaurant;
(vii) a convenience store; and
(viii) a retail store.
(b) Exterior Side Yard Width along Windfield Crescent (minimum): 2.4 metres.
(c)
Landscaped Open Space (minimum): 17%.
(d) Loading Space Location: The required loading spaces must be located in
the rear yard and no closer than 9.2 metres to Windfield Crescent and no
closer than 25 metres to Highway 15.
(e)
Parking Area Regulations:
(i)
Parking Space Requirement (minimum): 32 parking spaces
(ii) Parking Space Dimensions: Each parking space must have a
minimum width of 2.6 metres and a minimum length of 5.2 metres.
(iii) Barrier Free Vehicle Parking Space Requirement (minimum): 2
parking spaces
(iv) Barrier Free Vehicle Parking Space Dimensions: Each barrier free
parking space must have a minimum width of 3.7 metres and a
minimum length of 5.2 metres.
(v)
Yards Where Parking Area Permitted: No part of any parking area,
other than a driveway, is permitted closer than 1.2 metres to
Highway 15 and closer than 0.8 metres to Grenadier Drive.
(vi) The maximum width of any combined ingress and egress driveway,
measured along the street line of Highway 15, is 10.5 metres.
(f)
The minimum distance between a driveway and the intersection of the
street lines of Grenadier Drive and Windfield Crescent is 9 metres.
(g) Planting Strip: A planting strip is required along Windfield Crescent and
must have a minimum width of 2.4 metres.
(h) Sight Triangle: Two sight triangles are required on a corner lot.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 112
(i)
The location of the first sight triangle must be located by drawing a line
between a point on the exterior side lot line that is 4.5 metres from the
intersection of the front lot line and the exterior side lot line and a point
on the front lot line that is 8.5 metres from the intersection of the front
lot line and the exterior side lot line.
(j)
The location of the second sight triangle must be located by drawing a
line between a point on the exterior side lot line that is 8.5 metres from
the intersection of the front lot line and the exterior side lot line and a
point on the front lot line that is 4.5 metres from the intersection of the
front lot line and the exterior side lot line.
[Note: Former C-9 and Sections 5 and 15 of former zoning by-law 32-74]
L121.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
The lands subject to this Exception are permitted to be developed as a
vacant land condominium with up to 14 Condominium Units, subject to
the following provisions:
(i)
Dwellings per Condominium Unit (maximum): 1 only.
(ii) Bedrooms per Condominium Unit (maximum): 3.
(iii) Minimum Setback from the floodplain (elevation of 88.92 metres
GSC) for any building, structures, including septic systems: 30
metres.
(iv) Minimum Setback of any building from a Condominium Unit
Boundary that abuts an access lane: 5 metres.
(v)
Minimum Setback of any building from a Condominium Unit
Boundary: 1.5 metres.
(vi) Lot Coverage (maximum): the lesser of 25% or 200 square metres.
(vii) Building Height (maximum): 8 metres.
(viii) A vehicle parking area may be located no closer than 10.5 metres to
a public street (Isle of Man Road).
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 113
(ix) Accessory Uses must be in accordance with Section 5 of former
zoning by-law 32-74 as it read on the date of passing of this By-
law.
(x)
No finished floor of a building is permitted in an area below the
89.22 metres elevation Geodetic Survey of Canada.
(xi) No building opening, such as a window, vent or floor drain, is
permitted below 89.22 metres elevation Geodetic Survey of Canada.
(xii) No new additions to existing buildings or structures, such as interior
floor area, decks, porches, roofed structures or septic system, is
permitted within 30 metres of the flood plain elevation of 88.92
metres Geodetic Survey of Canada.
[Note: Former RR-11 and Sections 8(1) and (2) of former zoning by-law 32-
74]
L122.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Interior Side Yard Width (minimum): 1.0 metres.
[Note: Former RR-12 and Sections 5 and 24 of former zoning by-law 32-74]
L123.
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 permitted in addition to the uses permitted in the
underlying Zone:
(i)
Residential uses including residential uses on the ground floor.
(b) The following definition applies:
(i)
"Amenity Area" means an outdoor area exterior to the residential
building, or interior area common to all residential units within a
residential building, which is designed and intended primarily for
the leisure and recreation of the occupants of the building.
(c)
Maximum Height:
(i)
Maximum Height at Build-to-Plane: 3 storeys not to exceed 12.75
metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 114
(ii) Maximum Building Height: 3 storeys not to exceed 12.75 metres.
(d) Amenity Area:
(i)
Amenity areas must be provided at a rate of 10 square metres per
dwelling unit.
(ii) Amenity areas, or any part thereof, must be designed and located so
that the length does not exceed 4 times the width.
(iii) Amenity areas, if provided as communal space, must be aggregated
into one area or grouped into areas of not less than 54 square
metres.
[Note: Former C1-41 and Section 7 of former zoning by-law 96-259]
L124.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
The only permitted Commercial Uses are:
(i)
Art Gallery, Bake Shop, Bank or Financial Establishment, Bed and
Breakfast Establishment, Commercial Establishment, Commercial
Recreation Facility, Commercial School, Day Care Centre,
Drugstore/Pharmacy, Dry Cleaning Outlet, Florist, Hotel, Medical
Clinic, Medical Office, Mixed Commercial/Residential Development,
Nursing Home, Office, Personal Service Establishment, Pet-
Grooming Establishment, Photo or Artist Studio, Private Social and
Cultural Facility, Public Use, Restaurant, Restaurant, Outdoor Patio,
Restaurant, Take-Out, Service Establishment, Specialty Retail Store.
(b) The only permitted Non-Commercial Uses are:
(i)
Community Home, Community Support House, Home Occupation,
Recovery Home, Residential Care Facility, Senior Citizen Apartment
Dwelling/Retirement Home, Multi-Unit Residential Dwelling,
(c)
Yard Setbacks:
(i)
Exterior Side Yard: 0 metres; and
(ii) Rear Yard: 4 metres.
(d) Building Height:
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 115
(i)
The minimum building height is one storey for the building existing
as of the date of the passing of the site specific by-Law.
(e)
Lot Coverage:
(i)
The minimum lot coverage is 40%.
(f)
Existing Accessory Structure
(i)
The accessory structure existing as of the date of passing of the site
specific by-law must be located a minimum of 0.3 metres from any
lot line.
[Note: Former C1-45 and Section 7.3 of former zoning by-law 96-259]
L125.
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:
(i)
'Gross Leasable Floor Area' means the total area of each floor
whether located above, at or below grade, measured from the
interior of the outside walls and including floor area occupied by
interior walls and floor area created by bay windows, but excluding:
(1) Floor area occupied by shared mechanical, service and
electrical equipment that serve the building;
(2) Common hallways, corridors, stairwells, elevator shafts and
other voids, steps and landings;
(3) Bicycle parking, motor vehicle parking or loading facilities;
(4) Common laundry, storage and washroom facilities that serve
the building or tenants;
(5) Common storage areas that are accessory to the principal use
of the buildings; and
(6) Common amenity area and play areas accessory to the
principal use on the lot.
(ii) 'Seniors Residence' means a building consisting of three or more
dwelling units inclusive of nursing homes, rest homes, retirement
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 116
homes, convalescent facilities, and palliative care facilities. A seniors'
residence must not include a hospital, maisonette dwelling, a
townhouse dwelling, or a triplex dwelling.
(b) For the purposes of zoning interpretation, the lands subject to this
Exception are treated as a single parcel.
(c)
The following Residential Uses are also permitted:
(i)
Apartment Dwelling House; and
(ii) Seniors Residence.
(d) The following Non-Residential Uses are also permitted:
(i)
Mixed Commercial / Residential Building;
(ii) Laboratory, research, development facility;
(iii) Data processing and related services operations; and
(iv) Business or professional offices.
(e)
A business or professional office is only permitted on the upper floor(s) of
a building and may not comprise more than 25% of the gross floor area
of the building
(f)
Prohibited Uses:
(i)
Gasoline retail facility
(g) Non-Residential Uses Gross Leasable Floor Area
(i)
Maximum:
(1) Total Gross Leasable Floor Area: 10,700 square metres.
(2) Supermarket Floor Area: 4,200 square metres.
(ii) Minimum: 2,500 square metres.
(h) Ground Floor Height (Minimum):
(i)
The ground floor storey of all buildings/structures must have a
minimum floor-to-ceiling height of 4.0 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 117
(i)
Yard Depths (minimum):
(i)
All yards must be a minimum depth of 3 metres.
(ii) Despite (i) a minimum yard depth of 15 metres is required where a
lot line abuts any Residential Zone.
(iii) Despite (i) a minimum yard depth of 10 metres is required where a
building or structure is greater than 13.5 metres in height above the
grade at the lot line
(j)
Height of Building:
(i)
The maximum permitted height above sea level is 136 metres
(ii) Height Exceptions and projections above the height do not apply to
the lands subject to this Exception.
(k)
Privacy Yards
(i)
A privacy yard must be provided for Apartment Dwelling Houses
with a minimum depth of 3.0 metres measured at right angles from
such wall the window adjoins except at front entrance and rear
entrance where a 1.5 metre yard is required. There is no required
privacy yard where a loading area abuts the wall of a building.
(l)
Parking Space Dimensions (minimum): 2.6 metres wide by 5.2 metres
long.
(m) Barrier-free Parking Space Vertical Clearance (minimum): 2.1 metres.
(n) Parking:
(i)
Parking is permitted in any yard.
(ii) If parking is located within any yard adjacent to a street, a minimum
1.0 metre high berm must be provided, which include a minimum
3.0 metres wide landscaping strip containing a mixture of coniferous
and deciduous trees.
(o) Parking Aisle Lane Width (minimum): 6.1 metres.
(p) Landscaping Strip:
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 118
(i)
A minimum 3.0 metre wide landscaping strip containing a mixture
of coniferous and deciduous trees must be provided adjacent to any
lot line which abuts a Residential Zone.
(q) Pedestrian Clearway:
(i)
A minimum 3 metre wide 'pedestrian clearway' is provided between
the park or Parnell Avenue and Taylor-Kidd Boulevard to provide a
north south pedestrian connection between the commercial block
and the residential neighbourhood. The 'clearway' must include
pedestrian access and landscaping. No buildings are permitted to
be included in the 'clearway'.
[Note: Former C5-13 and Sections 5 and 22 of former zoning by-law 76-26]
L126.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted Non Residential Uses:
(i)
In addition to the uses permitted in Section 8(1)(b), a day nursery is
also a permitted use.
[Note: Former OS-21 and Section 8 of former zoning by-law 76-26]
L127.
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, the following uses are also permitted:
(i)
home improvement retail warehouse store;
(ii) One restaurant or take-out restaurant in the interior of the home
improvement and retail warehouse store;
(iii) an outdoor seasonal display and sales area accessory to the home
improvement retail warehouse store; and
(iv) Open storage accessory to a home improvement retail warehouse
store.
(b) The following definition applies:
(i)
Home Improvement Retail Warehouse Store means a building or
part of a building devoted to wholesale and retail sales of
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 119
merchandise typically found in hardware stores, home and auto
supply stores, home centres, building supply stores, and a garden
sales centre (Garden sales centre means a part of a building and/or
an enclosed area on the subject lands devoted to wholesale and
retail sales of landscaping trees, shrubs and plants, and nursery
materials, equipment and supplies), and includes sales of equipment
and supplies, tool and equipment rental, and light truck rental for
customer self-deliveries.
(c)
Parking Space Requirements for a home improvement retail warehouse
store and accessory uses (minimum): 498 spaces.
(d) Yard In Which Required Parking Area Permitted: all yards provided that
no part of any parking area, other than a driveway, is located closer than:
(i)
10 metres to any street line for a home improvement retail
warehouse store and accessory uses above; or
(ii) 15.5 metres to any street line for any other permitted use.
(e)
Loading Spaces (minimum): 3 spaces.
(f)
Rear Yard Depth (minimum): 11 metres.
(g) Gross Floor Area for a home improvement retail warehouse store
(maximum): 16,200 square metres, including the area devoted to the
garden sales centre.
(h) Height of Buildings or Structures (maximum): 14.5 metres.
(i)
Outdoor Seasonal Display and Sales Area accessory to the home
improvement retail warehouse store is permitted provided:
(i)
The outdoor seasonal display and sales area must be setback a
minimum of 40 metres from Gardiners Road; and
(ii) The outdoor seasonal display and sales area must have a maximum
area of 2,600 square metres.
(j)
Open Storage accessory to the home improvement retail warehouse store
is permitted provided:
(i)
The open storage is located in a front, side or rear yard, but must
not be located in any required front or side yard;
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 120
(ii) The maximum area devoted to open storage is 800 square metres;
(iii) The open storage use must comply with the yard and setback
provisions hereof, with the exception that open storage must be
setback a minimum of 3 metres from the rear lot line and a
minimum of 80 metres from the front lot line; and
(iv) The enclosure of temporary open storage areas within fencing is not
required.
[Note: Former M1-11 of former zoning by-law 76-26]
L128.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
No building or structure is permitted within 6 metres of the 100 year
flood line.
[Note: Former OS-16 and Section 8of former zoning by-law 76-26]
L129.
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 dwelling.
(b) For the purpose of determining lot frontage and front yard setbacks, the
front lot line is deemed the lot line that forms the boundary with the
private lane known as Italia Lane.
[Note: Former A1-15 and Section 9 of former zoning by-law 76-26]
L130.
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 the conservation of the existing natural heritage
features.
(b) Alteration of the natural heritage feature, excluding enhancement and
protection, is prohibited.
(c)
The erection and alteration of any building or structure, other than a
pedestrian bridge, is prohibited.
[Note: Former OS-17 and Sections 5 and 8 of former zoning by-law 76-26]
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 121
L131.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Residential uses: Prohibited.
(b) Additional Permitted Non-Residential uses:
(i)
Open storage; and
(ii) Accessory business office.
(c)
Lot frontage (minimum): 200 metres.
(d) Front yard depth (minimum): 24 metres.
(e)
Exterior side yard depth (minimum): 30 metres.
(f)
Interior side yard depth (minimum): 15 metres.
(g) Rear yard depth (minimum): 100 metres.
(h) Open Storage:
(i)
Every open storage use must comply with the yard and setback
provisions as if such open storage use were a building or structure.
(ii) No open storage use is permitted in a front yard.
(iii) Fencing for the open storage use is optional.
[Note: Former M3-5 of former zoning by-law 76-26]
L132.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Lot Area (minimum): 1.5 hectares.
(b) Lot Frontage (Minimum): 60 metres.
(c)
Front Yard Depth (Minimum): 45 metres.
(d) Interior Side Yard (minimum): 5 metres.
(e)
Rear Yard Depth (minimum): 90 metres.
(f)
That the minimum setback for all accessory buildings and structures is 7.5
metres from the lot lines for the properties municipally known as 3252
and 3244 Princess Street. The minimum setback for one accessory
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 122
building and/or structure for all other lot lines is 2.5 metres. All additional
accessory buildings and structures must comply with the regulations for
accessory buildings and structures in Section 5 of former zoning by-law
76-26 and the provisions of this Exception.
(g) The maximum height of one accessory structure must not exceed 6.1
metres in height. All additional accessory buildings and structures must
comply with the regulations for accessory buildings and structures in
Section 5 of former zoning by-law 76-26 and the provisions of this
Exception.
[Note: Former D-4 and Sections 5 and 29 of former zoning by-law 76-26]
L133.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted Residential Uses:
(i)
Single Detached Dwelling House;
(ii) Semi Detached Dwelling House; and
(iii) Three and Four Unit Row Dwelling House.
(b) Permitted Non-Residential Uses:
(i)
Home Occupation
(c)
Lot Frontage (minimum):
(i)
Single Detached Dwelling House: 12.7 metres (Corner Lot) and 10.0
metres (Other Lot);
(ii) Semi Detached Dwelling House: 19 metres (Corner Lot) and 15.0
metres (Other Lot);
(iii) Three and Four Unit Row Dwelling House: 11.5 metres (Corner Lot)
and 6.1 metres (Other Lot); and
(iv) The Lot Frontage is measured along a line which is parallel to the
front lot line and distant from the lot line 6.0 metres.
(d) Garage Location: The front wall of a private garage, whether attached or
detached from the main dwelling, containing the opening for vehicular
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 123
access must be setback a minimum of 6 metres from the lot line abutting
the public street that the driveway crosses to access the private garage.
(e)
Front Yard:
(i)
Minimum setback from front lot line 4.5 metres.
(ii) Maximum setback from front lot line 7.0 metres.
(iii) Despite (i) and (ii) where a dwelling includes a covered front porch
the front wall of the main dwelling may be set back a maximum of
9.2 metres from the front lot line provided the dwelling includes a
covered porch with a minimum width of 2.5 metres and a minimum
depth of 2.0 metres.
(iv) Despite (i), (ii) and (iii) where the front wall of an attached private
garage containing the opening for vehicular access is located not
more than 6.2 metres from the front lot line and where a dwelling
includes a covered front porch, the front wall of the main dwelling
may be set back 3.0 metres from the front wall of the garage.
(f)
Exterior Side Yard (minimum):
(i)
4.5 metres on arterial and collector roads; and
(ii) 3.0 metres on local roads.
(g) Interior Side Yard (minimum):
(i)
Single Family Dwelling House: 1.2 metres, except where there is a
dwelling unit without an attached garage, then one of the side yards
must be 3.0 metres ;
(ii) Semi Detached Dwelling House: 1.2 metres, for a side that is not
attached to another dwelling house except where there is a dwelling
unit without an attached garage, then one of the side yards must be
3.0 metres; and
(iii) Row Dwelling House: 1.2 metres, for a side that is not attached to
another dwelling house except where there is a dwelling unit
without an attached garage, then the side yards must be 3.0 metres.
(h) Rear Yard (minimum):
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 124
(i)
Those lots backing onto the buffer strip adjacent to the Collins
Creek wetland must have a minimum rear yard of 12.0 metres. No
accessory uses are permitted within 12.0 metres of the rear lot line
abutting the buffer strip adjacent to the Collins Creek wetland; and
(ii) All other lots: 6.75 metres.
(i)
Lot Area (minimum): Not applicable.
(j)
Lot Coverage (minimum): Not applicable.
(k)
Driveways: Maximum driveway width as measured at the lot line is 6.0
metres or 50% of lot frontage, whichever is less.
(l)
Parking: Parking is permitted in the front yard, interior side yard and rear
yard. Parking in the front yard is prohibited except where it is a driveway
leading to a permitted parking area.
(m) Sight Triangles:
(i)
Two sight triangles are required on a corner lot.
(ii) The location of the first sight triangle must be located by drawing a
line between a point on the exterior side lot line that is 4.5 metres
from the intersection of the front lot line and the exterior side lot
line and a point on the front lot line that is 8.5 metres from the
intersection of the front lot line and the exterior side lot line.
(iii) The location of the second sight triangle must be located by
drawing a line between a point on the exterior side lot line that is
8.5 metres from the intersection of the front lot line and the exterior
side lot line and a point on the front lot line that is 4.5 metres from
the intersection of the front lot line and the exterior side lot line.
(iv) 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.
(n) 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.
[Note: Former R2-33 of former zoning by-law 76-26]
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 125
L134.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted Uses are limited to the following:
(i)
A Park;
(ii) A Public walkway;
(iii) A Stormwater management facility; and
(iv) A Public use.
[Note: Former OS-23 of former zoning by-law 76-26]
L135.
Reserved
L136.
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:
(i)
Bedroom means any room within a residential unit that is suitable to
be used as a sleeping room under the Ontario Building Code, and
which for greater certainty does not include
(1) Common areas open to all occupants of the unit;
(2) Areas used for sanitary (such as washroom) or cooking
purposes (such as a kitchen), and
(3) Areas occupied by mechanical equipment, such as furnaces,
hot water heaters and laundry equipment.
Despite the foregoing, a bachelor, bachelorette or studio unit are
calculated to contain one bedroom.
(b) Maximum Number of Dwelling Units: 3.
(c)
Maximum Aggregate Number of Bedrooms: 7.
(d) Minimum Required Yards:
(i)
North Front Yard: 3.6 metres;
(ii) East Front Yard: 6.0 metres;
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 126
(iii) South Side Yard: 2/5 the height of the main building; and
(iv) West Side Yard: 7.5 metres.
(e)
Off-Street Parking:
(i)
Parking in a stacked/tandem arrangement is permitted for a
maximum of two parking spaces
(ii) A maximum of one parking space is permitted in the front yard
fronting Brock Street and one parking space is permitted in the
front yard fronting Helen Street.
(iii) No parking space located in the front yard fronting Helen Street is
permitted in between the main building and the streetline, and is
only permitted in a tandem/stacked arrangement.
(f)
Walkways: The entrance to each dwelling unit must be accessed by a
minimum 0.9 metre wide unobstructed walkway from the property line.
(g) Accessory Buildings: An accessory building is not permitted closer than
0.6 metres to any side lot line.
(h) Cellar: The use of a cellar as a portion of a dwelling unit or as a habitation
unit is permitted.
[Note: Former A.454 and Sections 5 and 6 of former zoning by-law 8499]
L137.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Definitions:
(i)
"Principal Residential Unit" means the main/core structure intended
for human habitation, on a lot.
(ii) "Second Residential Unit" means a legally existing separate
residential dwelling unit, which is ancillary to a principal residential
unit, and includes a separate, clearly defined, safe access, kitchen,
washroom and living space.
(b) Additional Permitted Uses:
(i)
A Second Residential Unit.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 127
(c)
Minimum Lot Area: 262 square metres.
(d) Maximum Lot Coverage: 34%.
(e)
Minimum Front Yard: 1.9 metres, with the exception of a below grade
stairwell with a length of 7.0 metres and a width of 1.9 metres, where the
minimum front yard is 0.2 metres.
(f)
Minimum Rear Yard: 6.0 metres, with the exception of a below-grade
patio with a length of 8.5 metres and a width of 4.2 metres, and a depth
of 1.27 metres, where the minimum rear yard is 2.0 metres.
(g) Maximum Residential Building Height: 11.6 metres.
(h) Maximum Aggregate Length of all Dormers: 5.9 metres.
(i)
Projections into Yards:
(i)
A covered porch and stairs are permitted 0.2 metres from the front
lot line.
(ii) A bay window is permitted to encroach 0.5 metres into the front
yard.
(j)
Off-Street Parking:
(i)
Parking in a stacked/tandem arrangement is permitted for a
maximum of two parking spaces.
(ii) The minimum required parking space length is 5.2 metres.
(iii) One parking space must be provided for both the principal
residential unit and the second residential unit for a total of two
required parking spaces.
(k)
Access: The second residential unit must have a separate access from that
of the principal residential unit. Access must be provided at the front of
the building for both the principle residential unit and the second
residential unit, where there is a minimum 1.2 metre wide unobstructed
walkway, that does not impede drainage.
[Note: Former A.554 and Sections 5 and 6 of former zoning by-law 8499]
L138.
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 20: Legacy Exceptions - Part 2, Page 128
(a)
The minimum lot area is 240 square metres per dwelling unit.
(b) Minimum Rear Yard Setbacks for the existing one-family dwelling: 3.2
metres.
(c)
Maximum Percentage of Lot coverage: 37%.
(d) Maximum Yard Projection for the existing front porch: 2.9 metres from
the front lot line.
(e)
Maximum Building Depth for the existing one-family dwelling: 11.6
metres.
[Note: Former A.499 of former zoning by-law 8499]
L139.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted uses are limited to a maximum of three dwelling units, with a
maximum of one dwelling unit permitted in the existing carriage house.
(b) For the purposes of zoning interpretation, the lands subject to this
Exception are considered one lot, with King Street East defined as the
front lot line.
(c)
The existing house and carriage house on the property as of the date of
the passage of the by-law are deemed to comply.
(d) The maximum building depth is 40.9 metres for the purpose of linking
the main house at 85 King Street East to the carriage house at 46 Simcoe
Street.
(e)
The minimum number of required parking spaces is 4.
(f)
Parking is permitted in the yard adjacent to Simcoe Street, provided that
it is set back 5.4 metres from the lot line.
(g) A maximum of 65 square metres of uncovered parking is permitted.
(h) Any new construction or redevelopment must comply with this By-law.
[Note: Former A.508 and Sections 5 and 6 of former zoning by-law 8499]
L140.
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 20: Legacy Exceptions - Part 2, Page 129
(a)
The use of a cellar as a portion of an existing dwelling unit or as a
habitation unit is permitted.
[Note: Former A.513 and Sections 5 and 6 of former zoning by-law 8499]
L141.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Additional Permitted Uses: semi-detached dwelling.
(b) Habitable space is permitted in a cellar.
(c)
Front Yard (minimum): 2.0 metres.
(d) Uncovered stairs used to access the main entrance of a dwelling may
project into the front yard, but is not permitted closer than 1.0 metre to
the front lot line.
(e)
Lot Area (minimum): 245 square metres per unit.
(f)
Aggregate Side Yard:
(i)
Minimum aggregate side yard: 2.3 metres; and
(ii) The calculation of the aggregate side yard may include one half of
the width of the right-of-way between the two properties.
(g) Building Depth (maximum): 17.5 metres.
(h) Lot Coverage (maximum percentage): 38%.
(i)
Building Height: The maximum building height of a dwelling's exterior
wall, exclusive of the end gable, is 7.2 metres.
(j)
Access to the rear yard and parking spaces must be provided by way of a
shared driveway with a minimum width of 3.0 metres.
[Note: Former A.540 and Sections 5 and 6 of former zoning by-law 8499]
L142.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Definitions:
(i)
"Bedroom" means any room within a residential unit that is suitable
to be used as a sleeping room under the Ontario Building Code, and
which for greater certainty does not include:
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 130
(1) Common areas open to all occupants of the unit;
(2) Areas used for sanitary (such as washroom) or cooking
purposes (such as a kitchen); and
(3) Areas occupied by mechanical equipment, such as furnaces,
hot water heaters and laundry equipment.
A bachelor, bachelorette or studio unit are calculated to contain one
bedroom.
(ii) "Principle Residential Unit" means the main / core structure
intended for human habitation, on a lot.
(b) The use of a cellar as a portion of the principle residential unit for
habitation is permitted.
[Note: Former A4.495 and Sections 5 and 10 of former zoning by-law 8499]
L143.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum Lot Area: 340 square metres.
(b) Maximum Number of Dwelling Units: 1.
(c)
Projections into Yards:
(i)
Unenclosed porches, decks, balconies and verandas, covered or
uncovered, are permitted 2.9 metres from the front lot line abutting
Earl Street; and
(ii) Uncovered stairs are permitted 1.4 metres from the front lot line
abutting Earl Street.
[Note: Former A4.547 and Sections 5 and 10 of former zoning by-law 8499]
L144.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum Lot Area: 420 square metres.
(b) Maximum Number of Dwelling Units: 1.
(c)
Minimum Front Yard:
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 131
(i)
1.9 metres (Victoria Street); and
(ii) 0.4 metres (Earl Street).
(d) Projections into Yards:
(i)
Uncovered porches, decks, balconies and verandas, covered or
uncovered, are permitted 0.4 metres from the front lot line abutting
Earl Street;
(ii) Unenclosed porches, decks, balconies and verandas, covered or
uncovered, are permitted 0.9 metres from the front lot line abutting
Victoria Street; and
(iii) Uncovered stairs are permitted 0.0 metres from the font lot line
abutting Victoria Street.
(e)
Accessory Buildings:
(i)
Minimum Side Yard: 0.2 metres.
[Note: Former A4.548 and Sections 5 and 10 of former zoning by-law 8499]
L145.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted Residential Uses:
(i)
Row dwellings;
(ii) Multiple family dwellings;
(iii) Home occupation, provided it is located within a row dwelling; and
(iv) Accessory buildings to any permitted use.
(b) Minimum Front Yard 3.0 metres.
(c)
Minimum Rear Yard:
(i)
Multiple family dwellings: 7.5 metres; and
(ii) Row dwellings: 6.0 metres.
(d) Minimum Exterior Side Yard 3.0 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 132
(e)
Minimum Interior Side Yard:
(i)
Multiple family dwellings: 2.4 metres; and
(ii) Row dwellings: 1.2 metres for end unit.
(f)
Minimum Lot Area:
(i)
Row dwellings: 158 square metres.
(g) Minimum Lot Width:
(i)
Row dwellings: 6.0 metres.
(h) Minimum Lot Width of a Corner Lot:
(i)
Row dwellings: 9.0 metres.
(i)
Minimum Lot Coverage:
(i)
Multiple family dwellings: 50% of the lot area.
(j)
Maximum Height: 4 storeys.
(k)
Minimum Density: 30 dwelling units per net hectare.
(l)
Maximum Density: 75 dwelling units per net hectare.
(m) Maximum Number of Row Dwelling Units per Building: 8 dwelling units.
(n) Minimum Amenity Area:
(i)
Multiple family dwellings: As required by this By-law.
(o) Parking Requirements
(i)
Multiple family dwellings: As required by this By-law.
(ii) Row dwellings: As required by this By-law.
(p) Loading Areas
(i)
Multiple family dwellings: As per Section 5.4 of former zoning by-
law 8499.
(q) Maximum Garage and Driveway Width
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 133
(i)
Row dwellings: As per Section 12B (n) of former zoning by-law
8499.
(r)
Garage Location
(i)
Row dwellings: As per Section 12B (o) of former zoning by-law
8499.
(s)
Projections into Yards
(i)
Row dwellings: As per Section 12B (p) of former zoning by-law
8499.
(t)
Accessory Buildings
(i)
Multiple family dwellings: As per Section 5.17 of former zoning by-
law 8499.
(ii) Row dwellings: As per Section 12B (u) of former zoning by-law
8499.
(u) Home occupations: As per Section 5.20 of former zoning by-law 8499.
[Note: Former A8.526 of former zoning by-law 8499]
L146.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(i)
Minimum Required Lot Area: 155 square metres.
[Note: Former A8.550 and Section 12B of former zoning by-law 8499]
L147.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum Exterior Side Yard: 2.7 metres.
(b) Minimum Rear Yard: 4.9 metres.
(c)
Minimum Lot Width of a Corner Lot: 8.75 metres; and
(d) Minimum Private Amenity Area: 52 square metres.
[Note: Former A8.429 and Section 12B of former zoning by-law 8499]
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 134
L148.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(i)
Minimum Rear Yard: 4.4 metres.
(ii) Minimum Private Amenity Area: 38 square metres.
[Note: Former A8.430 and Section 12B of former zoning by-law 8499]
L149.
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:
(i)
Bedroom means any room within a residential unit that is suitable to
be used as a sleeping room under the Ontario Building Code, and
which for greater certainty does not include:
(1) Common areas open to all occupants of the unit;
(2) Areas used for sanitary (such as a washroom) or cooking
purposes (such as a kitchen); and,
(3) Areas occupied by mechanical equipment, such as furnaces,
hot water heaters, and laundry equipment.
(b) Minimum lot area for two dwelling units: 465 square metres.
(c)
Maximum number of dwelling units: 2.
(d) Maximum aggregate number of bedrooms: 9.
(e)
Maximum number of bedrooms for a dwelling unit: 5.
(f)
Minimum aggregate side yard setback: 1.6 metres.
(g) Maximum lot coverage: 36%.
(h) Maximum permitted rear yard parking area: 35 square metres.
[Note: Former B.448 and Section 5.3(B)(cc) and 13 of former zoning by-law
8499]
L150.
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 20: Legacy Exceptions - Part 2, Page 135
(a)
The following definition applies:
(i)
Bedroom means any room within a residential unit that is suitable to
be used as a sleeping room under the Ontario Building Code, and
which for greater certainty does not include:
(1) Common areas open to all occupants of the unit;
(2) Areas used for sanitary (such as washroom) or cooking
purposes (such as a kitchen); and
(3) Areas occupied by mechanical equipment, such as furnaces,
hot water heaters and laundry equipment.
Despite the foregoing, a bachelor, bachelorette or studio unit are
calculated to contain one bedroom.
(b) The existing building on the passing of the site specific by-law, is only
permitted to be converted to a maximum of 3 dwelling units, with the
following requirements:
(i)
Minimum Lot Area: 275 square metres.
(ii) Maximum Number of Dwelling Units: 3.
(iii) Maximum Aggregate Number of Bedrooms: 3.
(iv) Minimum Amenity Area:
(1) 54.1 square metres provided in the rear yard;
(2) 10.4 square metres provided in the front yard; and
(3) Aggregate amenity area of 64.5 square metres.
(v)
Off-Street Parking
(1) A minimum of 2 parking spaces must be provided.
(vi) Minimum Number of Bicycle Parking Spaces: 3.
(vii) Minimum Bicycle Parking Space dimension is 0.3 metres wide by 1.8
metres in length.
(viii) Projections into Yards:
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 136
(1) A covered or uncovered, enclosed stairwell 3.0 metres in
height may project into the required side yard, but is not
permitted closer than 2.4 metres to the side lot line.
[Note: Former B.492 and Sections 5 and 13 of former zoning by-law 8499]
L151.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
That two dwelling units be permitted; and
(b) That the aggregate total maximum number of bedrooms permitted is 4.
[Note: Former B1.414 and Sections 5 and 14 of former zoning by-law 8499]
L152.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum Front Yard: 4.5 metres.
(b) Permitted Encroachment: There is no minimum front yard setback
requirement for the underground parking ventilation system.
(c)
Maximum Density: 246 dwelling units per net hectare.
(d) Off-Street Parking:
(i)
A minimum parking ratio of 1.1 parking spaces per dwelling unit is
required.
(ii) Not more than one parking space may be located closer to the lot
line abutting Palace Road than the nearest wall of the main building.
(e)
Bicycle Parking: Minimum bicycle parking space dimensions are 1.0 metre
by 0.4 metres with a minimum overhead clearance of 1.5 metres.
(f)
Amenity Area: A minimum of 14 square metres of amenity area must be
provided per dwelling unit.
(g) Maximum Building Height: 6 storeys.
(h) Bachelor Dwelling Units: Within a multiple family dwelling, bachelor
apartments must not be more than 25% of the total number of dwelling
units.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 137
(i)
Underground Parking Structure: Underground parking structure is
permitted in all required yards.
(j)
Landscaped Open Space: Landscaped open space may be located above
an underground structure.
[Note: Former B1.579 and Sections 4, 5 and 14 of former zoning by-law 8499]
L153.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Front Yard Setback:
(i)
That the minimum setback from the centre of the Princess Street
right-of way is 11.0 metres;
(ii) That the minimum setback to a bedroom window on the first storey
and facing the street is 1.2 metres;
(iii) That along Victoria Street and Bartlett Street South decorative
fencing or planting is required to be provided between the sidewalk
and any bedroom window to restrict access to the area within the
required setback; and
(iv) That the minimum setback from Victoria Street and Bartlett Street
South, excluding an exterior wall containing a bedroom window on
the first storey and facing the street, is 0.0 metres.
(b) Interior Side Yard Setback Minimum: 1.9 metres.
(c)
Maximum Building Height: 20.6 metres.
(d) Bay windows and vertical projections above the first storey may extend or
project into the required front yard on Princess Street not more than 0.8
metres.
(e)
Amenity Area, means the area situated within the boundaries of any
residential development site intended for recreation purposes, and may
include landscaped open space, patios, private amenity areas, balconies,
communal lounges, swimming pools, 'Children's Play Areas', and similar
uses, but does not include any area occupied at grade by a building's
service areas, parking areas, parking aisles or driveways.
(f)
Minimum amenity area is 6214 square metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 138
(g) Minimum Aggregate Commercial Area is 525 square metres.
(h) Minimum Children's Play Area: 0.0 square metres.
(i)
Balconies, excluding Juliet style window openings, below the third storey
facing Princess Street are prohibited.
(j)
Maximum number of bedrooms for a dwelling unit is 5.
(k)
Maximum number of dwelling units consisting of 5 bedrooms is 25.
(l)
Average number of bedrooms per dwelling unit is 3.5 bedrooms per unit.
(m) Maximum number of Dwelling units is 145.
(n) A dwelling unit(s) is permitted in a cellar.
(o) Maximum aggregate total number of bedrooms is 505.
(p) Bedroom: means any room within a residential unit that is suitable to be
used as a sleeping room under the Ontario Building Code, and which for
greater certainty does not include:
(i)
Common areas open to all occupants of the unit;
(ii) Areas used for sanitary (such as a washroom) or cooking purposes
(such as a kitchen); and
(iii) Areas occupied by mechanical equipment, such as furnaces, hot
water heaters and laundry equipment.
(q) Maximum Density: The maximum permitted density may be increased to
235 units per hectare for a contribution towards the upgrading and
improvement of Victoria Park in an amount equivalent to the required
cash-in-lieu of parkland dedication contribution calculated for the
approved development. The bonus is subject to the property owner
entering into a development agreement with the City, which will establish
a high quality of architectural design and human scale development
consistent with the City's long term vision for the Williamsville Main
Street Study area. The specific amount will be contained in the bonusing
clause of the development agreement.
(r)
Number of required loading spaces is 0.
(s)
Minimum Number of Commercial Parking Spaces: 10.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 139
(t)
Minimum Number of Residential Parking Spaces is 0.75 spaces per
dwelling unit.
(u) Minimum Bicycle Parking Dimensions are 1.8 metres by 0.3 metres and a
minimum overhead clearance of 2.1 metres.
(v)
Minimum overhead clearance for an accessible parking space is 2.1
metres.
(w) Minimum standard parking dimensions, excluding accessible parking
dimensions are 2.6 metres by 5.2 metres with a minimum aisle width of
6.0 metres; and
(x)
The properties subject to this Exception are deemed a single parcel for
the purpose of zoning interpretation.
[Note: Former C.421 and Sections 4, 5 and 20 of former zoning by-law 8499]
L154.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
464 Frontenac Street Permitted uses are limited to:
(i)
a 21 residential dwelling unit building; and
(ii) a home occupation.
(b) Front Yard Setback:
(i)
574 Princess Street must be a minimum setback of 4.7 metres;
(ii) 464 Frontenac Street must be a minimum setback of 1.6 metres.
(c)
Side Yard and Rear Yard Setback:
(i)
464 Frontenac Street minimum setback from south property line is
7.3 metres;
(ii) 464 Frontenac Street minimum setback from north property line is
0.0 metre; and
(iii) 464 Frontenac Street minimum setback from west property line is
2.1 metres.
(d) Parking Dimensions:
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 140
(i)
Standard parking space: 2.6 by 5.2 metres;
(ii) Barrier free parking space 3.7 by 5.2 metres; and
(iii) Minimum aisle width is 6.1 metres.
(e)
Parking Spaces:
(i)
Minimum number of total parking spaces is 51; and
(ii) Minimum number of barrier free parking spaces is 4.
(f)
Play Space Area: 0.0 square metres.
(g) Amenity Space Area: minimum amenity space area is 1265 square metres.
(h) "Amenity Area" means the area situated within the boundaries of any
residential development site intended for recreation purposes, and may
include landscaped open space, patios, private amenity areas, balconies,
communal lounges, swimming pools, 'Children's Play Areas', and similar
uses, but does not include any area occupied at grade by a building's
service areas, parking areas, parking aisles or driveways.
(i)
The average number of bedrooms must not exceed 3.5 bedrooms per
unit.
(j)
The maximum number of bedrooms per unit is 4. Additional bedrooms
per unit are prohibited.
(k)
Bedroom: means any room within a residential unit that is suitable to be
used as a sleeping room under the Ontario Building Code, and which for
greater certainty does not include:
(i)
Common areas open to all occupants of the unit;
(ii) b) Areas used for sanitary (such as a washroom) or cooking
purposes (such as a kitchen); and
(iii) Areas occupied by mechanical equipment, such as furnaces, hot
water heaters and laundry equipment.
(l)
Encroachment:
(i)
464 Frontenac Street the minimum encroachment into the required
front yard for porches, decks, steps and verandas, covered or
uncovered is 1.6 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 141
(m) A planting strip, a minimum 3.0 metres in width, must be established
along the full extent of the south property line of 464 Frontenac Street
and a planting strip is only permitted to be used as planting a row of
trees or a continuous unpierced hedgerow of evergreens or shrubs, not
less than 1.5 metres high, immediately adjacent to the lot line or portion
thereof along which such planting strip is required hereunder; the
remainder of the strip is only permitted to be used as the planting of
ornamental shrubs, flowering shrubs, flower beds or a combination
thereof. A fence is not considered a planting strip for the purpose of zone
interpretation.
(n) The lands subject to this Exception are deemed a single parcel for the
purpose of zone interpretation.
[Note: Former C.422 and Sections 5 and 20 of former zoning by-law 8499]
L155.
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:
(i)
"Parking Structure" means a building or structure used for the
parking of vehicles above or below finished grade, and is permitted
as a principle use on a lot.
(b) Permitted Uses subject to the provisions of the UR5 Zone:
(i)
Libraries, art galleries and museums.
(c)
Permitted Uses subject to the provisions of the URM3 Zone:
(i)
Boarding houses and rooming houses;
(ii) Churches, community halls and parish halls;
(iii) Fraternal organizations or similar institutions of public character;
(iv) Lay or religious fraternity houses or boarding houses where
occupied by students, used exclusively for the purposes of
habitation or congregational meetings and supervised by the
authorities of a public educational institution;
(v)
Multiple family dwellings containing three or four dwelling units;
and
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 142
(vi) Sanitariums, or institutions for philanthropic or charitable uses,
other than correctional uses, and other than for the treatment of
inebriates or persons suffering from insanity or other mental
disease, infectious disease, or contagious disease.
(d) Permitted Uses:
(i)
Accessory buildings subject to the provisions of the zone regulating
the main building as set forth herein;
(ii) Bakeries (provided that the food products prepared on the premises
are retailed directly from the same premises);
(iii) Banks;
(iv) Bowling alleys, pool and billiard halls;
(v)
Community Centres, Community Homes, Community Support
House, Crisis Care Shelters, Recovery Homes, Residential Care
Facilities
(vi) Day Care Centre;
(vii) Fraternal organizations or similar institutions of public character;
(viii) Hospitals;
(ix) Hotels;
(x)
Laundries and dry cleaners (provided that the cleaning operation
takes place upon the same premises as an associated pick-up and
delivery agency);
(xi) Multiple family dwellings containing five or more dwelling units and
Senior citizen apartments;
(xii) Offices for or in connection with businesses or professions and
offices for printing or publishing;
(xiii) Parking Lots and Parking Structures, subject to the following
regulations:
(1) All parking lots are subject to site plan control approval;
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 143
(2) The surface of the parking lot must be paved or properly
leveled, drained and treated to prevent the escape of dust;
(3) Any lights used to illuminate the parking lot must be arranged
to deflect light downward and away from adjacent premises;
and
(4) No commercial business involving the repair of or service to
vehicles is permitted thereon, nor the sale or display thereof is
permitted to be conducted from or upon such premises
(xiv) Places of Amusement and Theatres;
(xv) Retail stores and Restaurants;
(xvi) Shopping centres; and
(xvii) Undertakers' establishments.
(e)
Ground floor commercial:
(i)
The ground floor use of any building or structure is required to be
commercial.
(f)
Minimum Required Front Yard: 0.9 metres.
(g) Surface Parking:
(i)
Surface parking is permitted within any portion of a yard.
(ii) Surface parking is permitted within 1.5 metres of any adjacent
residential zone or zone which permits a residential use.
(iii) Surface parking must be screened from any adjacent residential
zone or zone which permits a residential use, by a sight obscuring
buffer, such as, but not limited to; a fence; wall; hedge; or, barrier, a
minimum of 1.4 metres high.
(iv) Surface parking must be screened from any street by a sight
obscuring buffer such as, but not limited to; a fence; wall; hedge; or,
barrier, a minimum of 1.0 metre high
(h) Parking Structure:
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 144
(i)
A wall or barrier with a minimum height of 1.4 metres is required on
each level of a parking structure.
(i)
Angular Plane:
(i)
All buildings and structures adjacent to a residential zone must fit
within an angular plane taken from a height of 7.0 metres above the
established grade at the lot line. Above this height, subsequent
storeys must fit within a 45 degree angular plane.
(j)
Minimum Parking Space Dimensions: 2.6 metres wide and 5.2 metres
long, not including barrier free spaces.
(k)
Minimum Parking Access Lane Width: 6.0 metres.
[Note: Former C.482 and Sections 5 and 20 of former zoning by-law 8499]
L156.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum Side Yard: 1 metre for the existing building as of the date of
passing of the site specific by-law.
(b) Minimum Aggregate Side Yard: 7.0 metres.
(c)
Maximum Density: 130 units per net hectare.
(d) Minimum Amenity Space: 0 square metres.
(e)
Minimum number of Parking Spaces: 14.
(f)
Any future additions or alterations to the building will be required to
comply with the provisions of the URM6 Zone.
[Note: Former B3.462 and Section 16 of former zoning by-law 8499]
L157.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
The use of a cellar as a portion of a dwelling unit and/or as a habitation
unit is permitted.
(b) Vehicular Parking:
(i)
The minimum number of off-street vehicular parking spaces for 4 or
5 residential units is 3.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 145
(c)
Bicycle Parking:
(i)
Bicycle parking may be provided within the existing building;
(ii) The minimum bicycle parking space dimensions are 1.8 metres x 0.3
metres x 2.1 metres; and
(iii) Covered bicycle parking may be located in a side or rear yard
provided it is a minimum of 1 metre from the side lot line and rear
yard lot line, respectively.
(d) Lot Occupancy: The existing lot occupancy of the property is permitted to
continue. Any future redevelopment of the site or a portion thereof must
comply with the lot occupancy of the applicable parent zone.
(e)
A minimum 1.2 metre walkway must be provided for the full depth of the
property from the front lot line to the rear lot line.
(f)
Existing and future building projections that are greater than 1.2 metres
in height are permitted to have a combined maximum multi-level area of
55 square metres within the interior side yards and rear yard of the
property.
(g) The portion of the building identified as "Building 1" existing on the date
of the passage of the site specific by-law and detailed on Figure L157 is
deemed to be legal non-complying for the purposes of zoning.
(h) The minimum interior side yard for existing and future projections
attached to "Building 1" on Figure L157 is 0.5 metres on the west side of
"Building 1" and 2 metres on the east side of "Building 1".
(i)
The minimum interior side yard for existing and future projections
attached to "Building 2" on Figure L157 is 3 metres on the east side of
"Building 2".
(j)
The existing interior side yard and aggregate side yard of "Building 2"
existing on the date of the passage of the site specific by-law and
detailed on Figure L157 are deemed to comply. Any future re-
development of the site with a new building or a proposed building
addition outside of the footprint of "Building 1" must comply with this
By-law.
[Note: Former B3.561 of former zoning by-law 8499]
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 146
Figure L157
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 147
L158.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted uses are limited to the following:
(i)
Glass installation facility, excluding automotive glass installation;
(ii) Commercial cleaning establishment, including offices and storage
and sale of cleaning supplies;
(iii) Neighbourhood commercial uses providing a range of convenience
retail and service uses, including:
(1) Convenience store;
(2) Food store of less than 223 square metres;
(3) Laundromat;
(4) Drop off / pick up drycleaners;
(5) Video store;
(6) Take-out restaurant;
(7) Personal services shop (for example, hairdresser, barber,
esthetician, etcetera);
(8) Bakery or Bake Shop;
(9) Florist;
(10) Copy centre; and
(11) Consumer service and repair shop (for example small
appliance and computer repair service, etcetera).
(b) Minimum Front Yard: 9.5 metres.
(c)
Minimum Side Yard: 0.
(d) Minimum Rear Yard: 0.
(e)
Maximum Lot Occupancy: 107%.
(f)
Minimum Lot Depth: 28 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 148
(g) Minimum Parking Spaces:
(i)
Glass installation facility, excluding automotive glass installation: 3
Parking Spaces.
(ii) Commercial cleaning establishment, including offices and storage
and sale of cleaning supplies: 3 Parking Spaces.
(iii) All other uses must be as per Section 5.3 of former zoning by-law
8499 unless the Holding Overlay is removed, in whole or in part, in
which case the minimum number of parking spaces is 3 for the
respective uses.
[Note: Former C2.244 and Sections 5 and 22 of former zoning by-law 8499]
L159.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Lot lines: For the purposes of zoning interpretation, the King Street West
frontage is deemed to be the front lot line, the northern lot line opposite
the King Street West frontage is deemed to be the rear lot line, the
western lot line fronting Albert Street is deemed to be the exterior side
lot line, and the opposite lot line adjacent 187 King Street West is
deemed to be the interior side lot line.
(b) Permitted Commercial Uses:
(i)
Offices for or in connection with a business or profession;
(ii) Professional medical clinic, or professional clinic of similar nature;
(iii) Library, art gallery or museum;
(iv) Day care centre; and
(v)
Accessory buildings to any permitted use.
(c)
Permitted Residential Uses:
(i)
One-family dwelling;
(ii) Two-family dwelling;
(iii) Three-family dwelling; and
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 149
(iv) Accessory buildings to any permitted use.
(d) Maximum Building Height: 10.7 metres.
(e)
Minimum Front Yard: 15 metres.
(f)
Minimum Interior Side Yard: 1.2 metres.
(g) Minimum Exterior Side Yard: 4.0 metres.
(h) Minimum Rear Yard: 12 metres.
(i)
Minimum setback for accessory buildings: 0.0 metres from any interior
side or rear lot line.
(j)
Bicycle Parking: The minimum bicycle parking space dimensions are 1.8
metres in length by 0.3 metres in width with a minimum overhead
clearance of 2.1 metres.
(k)
Access and Parking
(i)
The minimum number of parking spaces for commercial uses is 1
parking space per 30 square metres of gross leasable area.
(ii) The minimum number of parking spaces for residential uses is 0.66
parking spaces per dwelling unit, rounded up to the nearest whole
number.
(iii) The minimum parking space dimensions are 2.6 metres in width and
5.2 metres in length.
(iv) Parking is permitted in the exterior side yard adjacent to Albert
Street, provided that it is set back at least 1.0 metre from the
exterior side lot line.
(v)
A driveway leading to residential parking facilities may be a
maximum of 4 metres wide.
[Note: Former C1.577 and Sections 5 and 21 of former zoning by-law 8499]
L160.
This Exception only applies to regulate the building existing as of the date of
passing of the site specific by-law. Any new development of the property is
required to comply with this By-law. 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 20: Legacy Exceptions - Part 2, Page 150
(a)
A maximum of 1 dwelling unit is permitted provided it is located within
the walls of the building existing as of the date of passing of the site
specific by-law.
(b) The minimum required front yard is 13.5 metres.
(c)
The minimum side yard on the east side of the existing building and any
additions thereto is 3.9 metres.
(d) The minimum number of required off-street parking spaces for the
beauty salon and 1 residential unit is 6.
[Note: Former C2.310 and Sections 5.3 and 22 of former zoning by-law 8499]
L161.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum setback from the high water mark for any building or structure
(including septic systems) other than a marine facility is 40 metres. Within
30 metres of the lot line, which abuts the waterbody (Leo Lake), only
limited cutting or coppicing is permitted to permit water views and
access, and for reasons of safety. No roads or widespread clearing is
permitted within the 30 metre setback from the waterbody.
(b) Despite (a), pedestrian access to a marine facility is permitted.
(c)
Minimum setback from a watercourse for any building or structure
(including septic systems) is 30 metres.
(d) Minimum setback from the top of bank of the steep slope (elevation of
110 metres GSC) is 15 metres for any building or structure.
[Note: Former A2-39 and Sections 5 and 24 of former zoning by-law 32-74]
L162.
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 conservation use. Structures and/or marine
facilities (including but not limited to boathouses and/or docks) are
prohibited.
[Note: Former OS-20 of former zoning by-law 32-74]
L163.
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 20: Legacy Exceptions - Part 2, Page 151
(a)
Permitted use: detached single family dwelling house.
(b) Maximum number of dwellings per lot: 1.
(c)
Minimum Lot Frontage: 19.2 metres.
(d) Water Setback:
(i)
The required setback for all buildings or structures is 75 metres from
the high water mark or 15 metres from the regulatory flood plain
elevation of 76.3 metres Geological Survey of Canada (GSC),
whichever is the greater;
(ii) The required setback for septic systems is 45 metres from the high
water mark or 15 metres from the regulatory flood plain elevation of
76.3 metres GSC, whichever is the greater; and
(iii) The natural vegetation within 30 metres of the shoreline of the St.
Lawrence River must be maintained in order to dissipate waves, filter
runoff, prevent soil erosion and provide wildlife habitat. Selective
trimming or removal of vegetation and creation of a walking path
(not hardened or paved) to the shoreline would be acceptable in
this area.
[Note: Former ER-11 and Sections 5 and 7 of former zoning by-law 32-74]
L164.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum Lot Area: 203 square metres per dwelling unit.
(b) Minimum Front Yard Setback: 1.3 metres.
(c)
Minimum Side Yard: 0.2 metres.
(d) Minimum Aggregate Side Yard: 1.3 metres.
(e)
Maximum Percentage of Lot Coverage: 37%.
(f)
Maximum Yard Projections for Deck:
(i)
The existing deck may project to a setback of: 0 metres.
[Note: Former E.552 and Sections 5 and 6 of former zoning by-law 8499]
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 152
L165.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Any buildings existing as of the date of passing of the site specific by-law,
or for the construction of which a building permit has been issued by the
Building Inspector before the date of passing of the site specific by-law,
which was constructed in accordance with all by-laws of the City in force
at that date, is deemed to conform with the provisions of this By-law.
(b) Density: The maximum habitation unit density of lands owned by a higher
educational or medical institution must not exceed 550 habitation units
per net hectare.
[Note: Former E.70 and former zoning by-law 8499]
L166.
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 the only permitted uses:
(i)
Administrative offices for an institutional organization, including a
non-profit organization which provides healthcare, community and
other social support services;
(ii) Church;
(iii) Clinic;
(iv) Community Centre;
(v)
Community Hall;
(vi) Convents;
(vii) Daycare centre;
(viii) Education Centre;
(ix) Education Facility;
(x)
Hospitals as defined by the Public Hospitals Act, R.S.O. (1970)
Chapter 378;
(xi) Library;
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 153
(xii) School;
(xiii) Neighbourhood Commercial Uses:
(1) Banks;
(2) Commercial Schools;
(3) Neighbourhood Stores;
(4) Restaurants; and
(5) Retail Stores.
(b) The maximum permitted aggregate gross floor area of all neighbourhood
commercial uses must not exceed 25% of the total gross floor area on the
property
(c)
A maximum of 4 individual neighbourhood commercial uses are
permitted.
(d) Minimum Required Yards:
(i)
Weller Street Front Yard: 9.0 metres;
(ii) Compton Street Front Yard: 9.0 metres;
(iii) West Side Yard: 15.0 metres; and
(iv) North Side Yard: 7.0 metres.
(e)
Landscaping Strip: A minimum 5.0 metre wide landscaping strip is
required along the entire western property line.
(f)
Maximum Height: 15.0 metres.
(g) Off-Street Parking: A minimum of 3 parking spaces per 100 square metres
of gross floor area is required.
(h) Bicycle Parking: A minimum of 1 bicycle parking space per 100 square
metres of gross floor area is required.
[Note: Former E2.83 and Sections 5 and 19 of former zoning by-law 8499]
L167.
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 20: Legacy Exceptions - Part 2, Page 154
(a)
Permitted Residential Uses:
(i)
Single Detached Dwelling House
(ii) Semi Detached Dwelling House
(b) Non-Residential Uses:
(i)
Home Occupation
(ii) A public use.
(c)
Lot Frontage (minimum):
(i)
Single Detached Dwelling House: 12.7 metre (Corner Lot) and 9
metres (Other Lot);
(ii) Semi Detached Dwelling House: 19 metres (Corner Lot) and 15
metres (Other Lot);
(iii) Semi Detached Dwelling Unit: 11.5 metres (Corner Lot) and 7.5
metres (Other Lot); and
(iv) The Lot Frontage is measured along a line which is parallel to the
front lot line and distant from the lot line 6.0 metres. In the case of a
corner lot with a sight triangle, the exterior side lot line is deemed to
extend to its hypothetical point of intersection with the extension of
the front lot line for the purposes of calculating lot frontage.
(d) Front Yard:
(i)
Minimum setback from front lot line: 4.5 metres;
(ii) Despite (i), where a dwelling includes a covered front porch the
front wall of the main dwelling may be set back a maximum of 9.2
metres from the front lot line provided the dwelling includes a
covered porch with a minimum width of 2.5 metres and a minimum
depth of 2.0 metres; and
(iii) Despite (i) and (ii), where the front wall of an attached private
garage containing the opening for vehicular access is located not
more than 6.2 metres from the front lot line and where a dwelling
includes a covered front porch, the front wall of the main dwelling
may be set back 3.0 metres from the front wall of the garage.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 155
(e)
Exterior Side Yard (minimum): 3.0 metres.
(f)
Interior Side Yard (minimum):
(i)
Single Family Dwelling House 1.5 metres;
(ii) Semi Detached Dwelling House 1.5 metres for a side that is not
attached to another dwelling house; and
(iii) Rear Yard (minimum): 6.0 metres.
(g) Garage:
(i)
The wall of an attached private garage that contains the opening for
vehicular access must be set back a minimum of 6.0 metres from the
lot line that the driveway crosses to access the private attached
garage.
(ii) The wall of the attached private garage facing the public street must
not be located more than 3.0 metres closer to the front lot line than
either the main entry feature or main front entrance of the dwelling
unit, except that a corner lot may have the garage located further
than 3.0 metres from the main entry feature or main front entrance
of the dwelling unit, provided it is not located closer to the front lot
line than any other part of the dwelling unit.
(iii) The main entry feature means a platform, with at least one side
open, covered by either a roof, balcony or enclosed space, with or
without a foundation and/or basement that provides access to the
dwelling unit.
(iv) The main front entrance means the door which is designed as the
primary access point into the dwelling unit.
(h) Driveway Width:
(i)
Maximum driveway width as measured at the lot line and must be
as follows:
(1) Single Detached Dwelling House 6.0 metres or 50% of the lot
frontage, whichever is lesser; and
(2) Semi Detached Dwelling House 3.5 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 156
(i)
Height (maximum):
(i)
Single Detached Dwelling House: 11 metres; and
(ii) Semi Detached Dwelling House: 12 metres.
(j)
Parking
(i)
Parking is permitted in the front yard, interior side yard and rear
yard.
(ii) Front yard parking is prohibited except where it is a driveway
leading to a permitted parking area.
(k)
Sight Triangle
(i)
Two sight triangles are required on a corner lot.
(ii) The location of the first sight triangle is located by drawing a line
between a point on the exterior side lot line that is 4.5 metres from
the intersection of the front lot line and the exterior side lot line and
a point on the front lot line that is 8.5 metres from the intersection
of the front lot line and the exterior size lot line.
(iii) The location of the second sight triangle is located by drawing a line
between a point on the exterior side lot line and a point on the front
lot line that is 8.5 metres from the intersection of the front lot line
and the exterior side lot line and a point on the front lot line that is
4.5 metres from the intersection of the front lot line and the exterior
side lot line.
(l)
Fencing
(i)
Fences crossing the pipeline right-of-way in Lots 46 to 49, 174 to
193 and 310 to 315 must be chain link, no taller than 1.8 metres and
equipped with lock gates accessible to Trans-Northern Pipelines Inc.
(ii) Fencing crossing the pipeline right-of-way must be chain link, no
taller than 1.8 metres.
(m) Minimum Lot Area: Not Applicable.
(n) Maximum Lot Coverage: Not Applicable.
(o) Minimum Landscaped Open Space: 30%.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 157
[Note: former R2-44 and Section 13 of former zoning by-law 76-26]
L168.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted uses: The permitted uses also include the following accessory
uses within a building containing a public use:
(i)
Club, Commercial;
(ii) Club, Private;
(iii) Offices;
(iv) Day Nursery;
(v)
Multi-use program spaces;
(vi) Gymnasium;
(vii) Walking Track; and
(viii) Change rooms with showers and locker facilities.
(b) Parking Requirements:
(i)
Minimum number of parking spaces: 1 space per 38.0 square metres
of gross floor area.
(ii) Minimum area for non-barrier free parking space: 14.3 square
metres.
(iii) Location: non-barrier free parking facilities may also be permitted
on a lot not more than 400 metres from the lot upon which the
main building is situated.
(iv) Minimum number of barrier free parking spaces: 6 (3 Type 'A' and 3
type 'B' parking spaces).
[Note: Former I-9 of former zoning by-law 32-74]
L169.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted uses are limited to one or more of the following:
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 158
(i)
Mine for the extraction of minerals and ancillary materials;
(ii) Outside storage associated with any of the permitted uses set out
herein;
(iii) Crushing, screening and processing of minerals and ancillary
materials, including use of a mineral and ancillary materials
processing plant;
(iv) Conservation, forestry and reforestation;
(v)
Any combination of the above; and
(vi) Accessory uses, buildings and structures ancillary to any of the
permitted uses set out herein.
(b) Mine for the extraction of minerals and ancillary materials, crushing,
screening and processing of minerals and ancillary materials, including
use of a mineral and ancillary materials processing plant:
(i)
Rear Yard (minimum): 15 metres.
(ii) Side Yard (minimum): 15 metres, except where the yard abuts land
zoned for mineral extraction, in which case the side yard is 0 metres.
(iii) Planting Strip: In accordance with an accepted closure plan under
the Mining Act (Ontario).
(iv) Fencing: In accordance with an accepted closure plan under the
Mining Act (Ontario).
(v)
Minimum Distance Separation:
(1) No building or plant, including screening, or washing or any
stockpiling operation associated therewith, is permitted within
30 metres of the boundary of this Exception or within 100
metres of a dwelling house or dwelling unit or area zoned
solely for residential purposes where such lands are held under
distinct and separate ownership.
(2) That part of the operation involving the extraction of
wollastonite or ancillary materials is prohibited within 100
metres of a dwelling house or dwelling unit or area zoned
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 159
solely for residential purposes where such lands are held under
distinct and separate ownership.
[Note: Former MX-5 of former zoning by-law 32-74]
L170.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Definitions:
(i)
"Principal Residential Unit" means the main/core structure intended
for human habitation, on a lot.
(ii) "Second Residential Unit" means a legally existing separate dwelling
unit, which is ancillary to a principal residential unit and includes a
separate access, kitchen, washroom, and living space.
(b) Additional Permitted Uses:
(i)
A Second Residential Unit.
(c)
Prohibited Uses:
(i)
Garden Suite;
(ii) Boarding House;
(iii) Lodging House; and
(iv) Rooming House.
(d) Multiple Uses on the Same Lot: Multiple uses permitted in both the UR5
Zone and the WM1 or WM2 Zones are not permitted to exist at the same
time on the same lot.
(e)
The following provisions apply to uses permitted in the UR5 Zone:
(i)
Minimum Lot Area: 420 square metres.
(ii) Minimum Front Yard: 4 metres.
(iii) Minimum Aggregate Side Yard: 1.5 metres.
(iv) Uncovered Parking Area: Up to 34 square metres of the rear yard
may be used as an uncovered parking area.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 160
(f)
The following provisions apply to Second Residential Units:
(i)
A second residential unit is only permitted within a building or
structure permitted in the UR5 Zone.
(ii) A second residential unit is permitted to be located within a cellar.
(iii) Second Residential Unit Area: A second residential unit must have a
gross floor area not exceeding 40% of the gross floor area of the
principal residential unit or 90 square metres, whichever is lesser.
Calculations for gross floor area refers to the total area of each floor,
including finished attic spaces, whether located above, at, or below
grade, measured from the interior of outside walls and including
floor area occupied by interior walls, but excluding:
(1) floor area occupied by mechanical, service, and electrical
equipment that serve the building;
(2) an open porch or balcony; and
(3) areas internal to the building that are intended for the storage
of vehicles.
(iv) Second Residential Units Per Dwelling House (maximum): 1 only
(v)
Access: The second residential unit must have separate access from
that of the principal residential unit. Access must be provided at the
front of the building, or at the side or rear of the building where a
minimum 0.9 metre wide unobstructed walkway from the front of
the building to the access is provided.
(vi) Parking and Driveway:
(1) Second Residential Unit: 1 parking space; and
(2) An additional driveway is not permitted for a second
residential unit.
[Note: Former C4.480 and Sections 5, 6 and 23C of former zoning by-law
8499]
L171.
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 20: Legacy Exceptions - Part 2, Page 161
(a)
Permitted Use: a detached single family dwelling house.
(b) Lot Frontage (minimum):
(i)
Corner Lot: 10.8 metres; and
(ii) Other Lot: 9 metres.
(c)
Front Yard Depth (minimum): 3.0 metres.
(d) Rear Yard Depth (minimum): 6.75 metres.
(e)
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.
[Note: Former R12-4 and Section 11I of former zoning by-law 32-74]
L172.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted Residential Uses:
(i)
Multiple family dwellings.
(b) Permitted Non-Residential Uses:
(i)
Neighbourhood commercial uses providing a range of convenience
retail and service uses, including:
(1) Convenience store;
(2) Food store;
(3) Retail store;
(4) Laundromat;
(5) Pick-up / Drop-off Drycleaners;
(6) Video Store;
(7) Take out restaurant;
(8) Coffee Shop;
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 162
(9) Personal Services shop (for example hairdresser, barber,
esthetician, etcetera); and
(10) Copy Centre.
(c)
Zone Provisions for Residential Uses:
(i)
Residential uses are not permitted on the first storey.
(ii) A maximum of 8 residential dwelling units are permitted.
(iii) A maximum of 8 bedrooms are permitted.
(iv) A maximum of 4 bedrooms per dwelling unit is permitted.
(d) Zone Provisions for Non-Residential Uses:
(i)
A maximum of 1 non-residential unit is permitted;
(ii) Commercial use on the first storey is mandatory;
(iii) Non-residential uses are permitted in the first storey and cellar only;
(e)
Maximum number of buildings on the lands subject to this Exception: 1
only.
(f)
Maximum Height: 12 metres. Roof-mounted equipment such as
mechanical units and solar panels may project an additional 3 metres
above the maximum permitted height.
(g) Minimum Front Yard: 0 metres.
(h) Minimum Side Yard: 1.5 metres.
(i)
Aggregate Side Yard: 4.5 metres.
(j)
Sight Triangles:
(i)
The first storey of all buildings on corner lots must be set back from
the street line as to maintain the sight triangle except for a single
support column with a maximum horizontal cross-section of 0.65
metres.
(ii) The sight triangle means the triangular space formed by the street
lines of a corner lot and a line drawn from a point in one street line
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 163
to a point in the other street line, each such point being 5 metres
from the point of intersection of the street lines;
(k)
Amenity Space: 90 square metres.
(l)
Parking:
(i)
Minimum Number of Parking Spaces: 0 parking spaces;
(ii) Minimum Number of Barrier Free Parking Spaces: 0 parking spaces;
(m) Loading Spaces:
(i)
Minimum Number of Loading Spaces: 1 Loading Space;
(ii) The minimum width of a loading space is 3 metres wide by 6 metres
long;
(n) One Lot For the Purpose of Zoning: For the purpose of zoning all lands
subject to this Exception are considered one lot.
[Note: Former E.475 and Section 5 and 17 of former zoning by-law 8499]
L173.
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 required for a townhouse building on a lot not
accessed by a lane is 6.0 metres per unit.
(b) Special Provisions (2) and (5) for the former LDR and LDR1 Zones of
former zoning by-law 97-102 do not apply.
[Note: Former LDR*17 and Table B1 of former zoning by-law 97-102]
L174.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Additional Permitted use: Apartment Dwelling.
(b) Minimum Front Yard: 0 metres.
(c)
Minimum Exterior Side Yard: 0 metres.
(d) Minimum Lot Coverage: 45%.
(e)
Maximum Density: 500 dwelling units per net hectare.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 164
(f)
Number of Units: The maximum number of Permitted dwelling units is
120.
(g) Off-Street Parking: The minimum number of off-street parking spaces is
94 (ninety-four).
(h) Maximum Height at Build-to-Plane: 17 metres.
(i)
Maximum Height along Angular Plane: 31.5.
(j)
Amenity Area: The minimum amount of amenity space is 520 square
metres.
(k)
Maximum Encroachment into Angular Plane:
(i)
South Property Line:
(1) Vertical encroachment of 11.0 metres; and
(2) Horizontal Encroachment of 10.0 metres.
(ii) East Property Line:
(1) Vertical encroachment of 1.0 metres; and
(2) Horizontal encroachment of 1.0 metres.
(l)
That the Build-to-Plane is measured from the property line.
[Note: Former C1-23 of former zoning by-law 96-259]
L175.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Off-Street Parking:
(i)
A minimum parking ratio of 0.5 parking spaces per dwelling unit is
required.
(ii) Parking spaces must have minimum dimensions of 2.6 metres wide
by 5.2 metres long.
(b) Off-Street Accessible Parking:
(i)
Type A accessible parking spaces must have minimum dimensions
of 3.4 metres wide by 5.2 metres long.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 165
(ii) Type B accessible parking spaces must have minimum dimensions
of 2.4 metres wide by 5.2 metres long.
(iii) An accessible aisle with minimum dimensions of 1.5 metres wide by
5.2 metres long, and marked with high tonal contrast diagonal lines,
must be provided adjacent to Type A and Type B accessible parking
spaces. The access aisle may be shared between Type A and Type B
accessible parking spaces.
[Note: Former C1-50 and Sections 5.22.4.3. and 5.22.6.2. of former zoning by-
law 96-259]
L176.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Additional Permitted Uses:
(i)
Private School; and
(ii) Day Nursery.
(b) Definition:
(i)
'Private School' means a premises used as an academic school which
secures the major part of its funding from sources other than
government agencies and may include a day nursery as an
accessory use.
(c)
Interior Side Yard Width for Additional Permitted Uses:
(i)
Minimum: 9 metres.
(d) Primary Use Buildings:
(i)
Only one primary use building is permitted on the subject property
until such time as the Holding Overlay has been removed from the
property.
(e)
Accessory Buildings:
(i)
Accessory buildings are only permitted to be used for purposes that
are secondary to the primary day nursery and private school use,
such as storage or as a private garage and must not be used as a
classroom or related use until such time as the Holding Overlay has
been removed from the property.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 166
(f)
Existing Accessory Structure:
(i)
Rear Yard Depth (minimum) 1.5 metres; and
(ii) Expansion Prohibited: No expansion of an accessory building that
would increase the floor area of the building within 7.5 metres of
the rear lot line is permitted.
[Note: Former RR-13 and Sections 5 and 8 of former zoning by-law 32-74]
L177.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
The only permitted commercial uses are the following: Art Gallery, Bakery,
Bake Shop, Bank or Financial Establishment, Bed or Breakfast
Establishment, Church or Religious Institution, Commercial Entertainment
Establishment, Commercial Establishment, Commercial Recreational
Facility, Commercial School, Computer Programming Establishment,
Community or Recreation Centre, Convenience Store, Data Processing
Establishment, Day Care Centre, Drugstore/Pharmacy, Florist, Food Store,
Government Office, Coin Operated Laundry, Medical Clinic, Medical
Office, Mixed Commercial/Residential Development, with residential uses
permitted on the ground floor, Office, Office Supply and Equipment Sales,
Rental and Service, Parking Structure, Personal Service Establishment, Pet-
Grooming Establishment, Photo or Artist Studio, Photocopying or
Blueprinting Shop, Photofinishing Establishment, Postal or Courier
Service, Private Social and Cultural Facility, Public Use, Radio or Television
Studio, Rental Outlet, Repair Service, Restaurant, Restaurant, Outdoor
Patio, Restaurant, Take-Out, Service Establishment, Specialty Retail Store,
Telecommunications Services, Video Rental, Permitted Non-Commercial
Uses.
(b) The only permitted non-commercial uses are the following: Single-
Detached Dwelling, a building with a maximum of 3 units (the units may
be any combination of residential or other permitted uses), Home
Occupation, Community Home, Community Support House, Crisis Care
Shelter, Recovery Home, Residential Care Facility.
(c)
Off Street Parking: The calculation and provision of minimum parking,
amenity space and minimum lot coverage requirements are based on the
overall 0.24 ha area of land subject to Exceptions L286, L177, L285 and
L393 of this By-law.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 167
(d) Amenity Space: The calculation and provision of amenity requirements is
based on the overall 0.24 ha area of land subject to Exceptions L286,
L177, L285 and L393 of this By-law.
(e)
Minimum Lot Coverage: The calculation and provision of minimum lot
coverage requirements is based on the overall 0.24 ha area of land
subject to Exceptions L286, L177, L285 and L393 of this By-law.
(f)
Equipped Children's Play Area: Not required.
(g) Minimum Front Yard: 0 metres.
(h) Minimum Building Height: 6.7 metres.
(i)
Loading: The number of loading spaces required in support of "Other
Commercial" uses, provided in the amount of 0-550 square metres is 0.
[Note: Former C1-32 of former zoning by-law 96-259]
L178.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Maximum Density: 244 residential units per net hectare.
(b) Bicycle Parking Area: Each space within the Bicycle Parking Area is a
minimum of 0.45 metres wide by 1.9 metres long.
(c)
Height at Build-to-Plane: 4 storeys, not to exceed 17 metres.
(d) Maximum Building Height: 4 storeys, not to exceed 17 metres.
[Note: Former C1-54 and Sections 5 and 7 of former zoning by-law 96-259]
L179.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted uses, limited to: a retail use; a restaurant, except a drive
through restaurant; a clinic, a veterinary clinic, a commercial club, a
personal service shop, a day nursery, a public use, a professional and
business office use; a commercial school, a financial institution; a mixed
commercial/residential use.
(b) Prohibited uses: automobile and vehicle sales and service establishment,
a gasoline retail facility; boat sales and rental establishment, ground floor
residential use, a drive through facility accessory to a permitted use.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 168
(c)
Lot Area Minimum: 3,700 square metres.
(d) Lot Frontage Minimum: 23 metres.
(e)
Exterior Side Yard Minimum: 9.0 metres.
(f)
Interior Side Yard Minimum: 9.0 metres for end units.
(g) Landscaped Open Space Minimum: 15%.
(h) Lot Coverage Maximum: 60%.
(i)
Building Height Maximum: 15 metres.
(j)
The minimum height of ground floor commercial in a mixed
commercial/residential building is 4.0 metres.
(k)
Maximum Floor Area per Professional and/or Business Office Use: 200
square metres
(l)
Maximum aggregate floor area of Professional and/or Business Office
Uses: 600 square metres
(m) For the purposes of this Exception, a Mixed Commercial/Residential use is
defined as, "a building or structure which is used for a mixture of
commercial and residential uses, where the entire ground floor of such
building or structure is used for commercial purposes.
[Note: Former C2-67 and Section 20 of former zoning by-law 76-26]
L180.
This Exception only applies to regulate the uses within the existing structure as
of the date of passing of the site specific by-law. Any new development of the
property is required to comply with this By-law. Despite anything to the
contrary in this By-law, the following provisions apply to the lands subject to
this Exception:
(a)
Permitted Residential Uses:
(i)
an accessory dwelling unit;
(ii) a converted dwelling house; and
(iii) a single-family dwelling house.
(b) Permitted Non-Residential Uses:
(i)
a medical or dental clinic;
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 169
(ii) a business or professional office;
(iii) a personal service shop;
(iv) a dry-cleaning outlet or laundry outlet;
(v)
a day nursery;
(vi) a convenience store;
(vii) a restaurant; and
(viii) a take-out restaurant.
(c)
Provisions for Non-Residential Uses within the structure existing on the
date of the passage of the site specific by-law:
(i)
The maximum gross floor area of the ground floor commercial use
is 205 square metres; and
(ii) An accessory staff room to the ground floor commercial use is
permitted on the second floor of the existing structure, up to a
maximum gross floor area of 26 square metres.
[Note: Former C1-12 and Sections 5 and 18 of former zoning by-law 76-26]
L181.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted Uses:
(i)
Single Detached Dwelling House;
(ii) Semi Detached Dwelling House; and
(iii) Three or Four Unit Row Dwelling House.
(b) Lot Area (Minimum):
(i)
Single Detached Dwelling House: 292 square metres;
(ii) Semi Detached Dwelling Unit: 200 square metres; and
(iii) Row Dwelling Unit: 170 square metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 170
(c)
Density: The minimum number of residential units per net hectare on
land to be used only for dwelling units, excluding roads, parks and other
uses, is 21 dwelling units per net hectare.
(d) Lot Frontage - Corner Lot (Minimum):
(i)
Single Detached Dwelling House: 12.75 metres;
(ii) Semi Detached Dwelling Unit: 10.50 metres; and
(iii) Row Dwelling Unit: 9.20 metres.
(e)
Lot Frontage - Other Lot (Minimum):
(i)
Single Detached Dwelling House: 9.75 metres;
(ii) Semi Detached Dwelling Unit: 7.50 metres; and
(iii) Row Dwelling Unit: 6.10 metres.
(f)
Front Yard Depth (Minimum)
(i)
To House 4.5 metres; and
(ii) To Garage 6.0 metres.
(g) Exterior Side Yard Width (Minimum): 3.0 metres.
(h) Interior Side Yard Width (Minimum):
(i)
With an attached garage: 1.2 metres; and
(ii) Without an attached garage: 1.2 metres one side and 3.0 metres on
the other side, unless there is a common party wall, in which case
the minimum side yard is 0.0 metres.
(i)
Rear Yard Depth (Minimum): 6.0 metres.
(j)
Lot Coverage (Maximum):
(i)
Single Detached Dwelling House: 50%;
(ii) Semi Detached Dwelling Unit: 50%; and
(iii) Row Dwelling Unit: 50%.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 171
(k)
Interior Garage Width: For lots less than 12 metres wide, the minimum
interior one-car garage dimensions are 3.0 metres wide by 6.0 metres
deep. A maximum width of 5.0 metres may be applied to permit a one-
car garage with storage.
(l)
Driveway Width: The maximum width of a driveway for its entire length is:
(i)
Single Detached Dwelling House: lesser of 6.0 metres or 50% of lot
width;
(ii) Semi Detached Dwelling Unit: lesser of 6.0 metres or 50% of lot
width; and
(iii) Row Dwelling Unit:
(1) 4.0 metres; and
(2) Corner Lots - a maximum driveway width of 5.0 metres where
it is located in an exterior side yard.
(m) Parking: Parking is permitted in the interior side yard and rear yard. Front
yard parking is prohibited except where it is in a driveway leading to a
permitted parking area.
(n) Landscaped Open Space: 30%.
(o) Maximum Height: 10.5 metres.
(p) Sight Triangles:
(i)
Uses Prohibited: Within any area defined as a sight triangle, the
following uses are prohibited:
(1) a building, structure or use which would obstruct the vision of
drivers of motor vehicles;
(2) a fence, tree, hedge, bush or other vegetation, the top of
which exceeds 1.0 metres in height above the elevation of the
centerline of the adjacent street;
(3) an uncovered surface parking area; and
(4) a finished grade which exceeds the elevation of the centerline
of the adjacent street by more than 1.0 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 172
(ii) Two sight triangles are required on a corner lot:
(1) The location of the first sight triangle must be located by
drawing a line between a point on the exterior side lot line that
is 4.5 metres from the intersection of the front lot line and the
exterior side lot line and a point on the front lot line that is 8.5
metres from the intersection of the front lot line and the
exterior side lot line.
(2) The location of the second sight triangle must be located by
drawing a line between a point on the exterior side lot line that
is 8.5 metres from the intersection of the front lot line and the
exterior side lot line and a point on the front lot line that is 4.5
metres from the intersection of the front lot line and the
exterior side lot line. 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.
(q) Yard Encroachments: A cantilevered fireplace may project into any
required yard a maximum distance of 0.6 metres.
[Note: Former R3-31 and Sections 5 and 14 of former zoning by-law 76-26]
L182.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Lot Area (minimum): 2 hectares.
(b) Lot Frontage (minimum): 200 metres.
[Note: Former A1-20 and Section 9 of former zoning by-law 76-26]
L183.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum Lot Area: 7 hectares.
(b) Minimum Landscaped Open Space: 6%.
(c)
Minimum Number Of Parking Spaces For A Pit Or Quarry Use: 8
(d) The main building existing on the site as of the date of the passing of the
site specific by-law is deemed to comply with the front yard depth and
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 173
side yard width regulations. In the event that the existing main building
on the site is removed or expanded, any new development is subject to
this By-law.
[Note: Former M5-4 and Sections 5 or 28 of former zoning by-law 76-26]
L184.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
No buildings are permitted within 15 metres of a railway right-of-way. A
minimum 1.83 metre high chain-link fence must be constructed parallel
along the railway right-of-way.
[Note: Former C2-43 and Section 19(2) of former zoning by-law 76-26]
L185.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Lot Frontage (minimum): 34 metres.
[Note: Former R1-30 and Sections 5 and 12 of former zoning by-law 76-26]
L186.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Prohibited use: Residential.
(b) Only the following uses are permitted:
(i)
A contractor's yard; and
(ii) A tradesman's shop.
(c)
Front Yard Depth (minimum): 13.8 metres.
(d) Interior Side Yard Depth (minimum): 3.1 metres.
(e)
Aggregate Side Yard Depth (Minimum): 18 metres.
(f)
Parking:
(i)
Maximum total number of outdoor parking spaces: 21.
(ii) A maximum of 8 parking spaces are permitted in the front yard,
located no closer than 4.5 metres to any streetline.
(g) Height of Building (maximum): 7.8 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 174
(h) Maximum Total Floor Area For All Buildings: 739 square metres.
(i)
Planting Strips:
(i)
A planting strip is required along the front lot line in accordance
with the provisions of this By-law.
(ii) A planting strip is not required adjacent to the rear lot line and
western interior side yard lot line.
(iii) A planting strip adjacent to the eastern interior side lot line is
required in accordance with the provisions of this By-law and must
have a minimum linear depth from the front lot line of 78 metres.
(j)
Open Storage:
(i)
The maximum permitted area of open storage area is 200 square
metres; and
(ii) All open storage must be located in the rear yard located a
minimum of 35 metres from the rear yard lot line and visually
screened on three sides by a combination of a pre-cast block wall,
berm and landscaping.
[Note: Former M2-35 of former zoning by-law 76-26]
L187.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Additional Permitted Uses:
(i)
Contractor's or Tradesman's shop or yard.
(b) A maximum of 25% of the total floor area of a permitted use may be
used for the purposes of a showroom, display area and retail sales for
products that are manufactured, processed, fabricated or assembled on
the premises.
(c)
Minimum Lot Area: 2,000 square metres.
(d) Minimum Lot Frontage: 30.48 metres.
[Note: Former M6-23 and Section 28A of former zoning by-law 76-26]
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 175
L188.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted uses are limited to:
(i)
Single detached dwelling; and
(ii) Home occupation.
(b) Prohibited Uses:
(i)
Additional habitation units are prohibited; and
(ii) Additional dwelling units are prohibited.
(c)
Minimum Distance Separation: 85 metres.
(d) Minimum Lot Frontage: 6.0 metres.
(e)
Maximum Rear Yard Depth is 14 metres.
(f)
No building, structure, stall, or parking area is permitted within 7.5 metres
of an environmental protection area zone (EPA).
[Note: Former A1-18 and Sections 5 and 9 of former zoning by-law 76-26]
L189.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Only Permitted Uses:
(i)
Corporate administrative office;
(ii) Research and development facility carried out within enclosed
buildings;
(iii) Data processing and related services, including call centre;
(iv) Administrative, professional and technical services supporting a
permitted use;
(v)
Indoor storage of equipment; and
(vi) Public use.
(b) Only Complementary Permitted Uses:
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 176
(i)
Office and business services such as printing and equipment repair
intended to serve the Business Park Industrial area;
(ii) Restaurant;
(iii) Financial institution;
(iv) Personal services and convenience commercial;
(v)
Public and private parks and recreation facilities; and
(vi) Parking lots and structure.
(c)
Minimum Front Yard Depth: 10 metres.
(d) Minimum Exterior Side Yard Width: 10 metres.
(e)
Maximum Lot Coverage: 60%.
(f)
Maximum Building Height: 20 metres.
[Note: Former BP-6 and Section 30A(1) of former zoning by-law 76-26]
L190.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Only Permitted Uses:
(i)
Manufacturing, assembling, fabricating, and processing operations;
(ii) Construction and transportation activities and facility;
(iii) Storage, warehousing and wholesale trade activities;
(iv) Communications and utilities facility;
(v)
Institutional uses with General Industrial characteristics, such as a
trade school; and
(vi) Public use.
(b) Only Complementary Permitted Uses:
(i)
Office and business services such as printing and equipment repair
intended to serve the General Industrial area;
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 177
(ii) Restaurant;
(iii) Financial institution;
(iv) Personal services and convenience commercial;
(v)
Automotive, heavy equipment or truck repair facility;
(vi) Public and private parks and recreation facilities; and,
(vii) Parking lots and structure.
(c)
Minimum Front Yard Depth: 10 metres.
(d) Minimum Exterior Side Yard Width: 10 metres.
(e)
Minimum Interior Side Yard Width: 3 metres.
(f)
Minimum Rear Yard Depth: 7.6 metres.
(g) Maximum Building Height: 20 metres.
[Note: Former M1-12 and Section 24(1) of former zoning by-law 76-26]
L191.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted Residential Uses:
(i)
Single Detached Dwelling House;
(ii) Semi Detached Dwelling House; and
(iii) Three and Four Unit Row Dwelling House.
(b) Permitted Non-Residential Uses:
(i)
Home Occupation.
(c)
Lot Frontage (minimum):
(i)
Single Detached Dwelling House: 12.7 metres (Corner Lot) and 10.0
metres (Other Lot);
(ii) Semi Detached Dwelling House: 19 metres (Corner Lot) and 15.0
metres (Other Lot);
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 178
(iii) Three and Four Unit Row Dwelling House: 11.5 metres (Corner Lot)
and 6.1 metres (Other Lot); and
(iv) The Lot Frontage is measured along a line which is parallel to the
front lot line and distant from the lot line of 6.0 metres.
(d) Garage Location: The front wall of a private garage, whether attached or
detached from the main dwelling, containing the opening for vehicular
access must be setback a minimum of 6 metres from the lot line abutting
the public street that the driveway crosses to access the private garage.
(e)
Front Yard:
(i)
Minimum setback from front lot line 4.5 metres;
(ii) Maximum setback from front lot line 7.0 metres;
(iii) Despite (i) and (ii), where a dwelling includes a covered front porch
the front wall of the main dwelling may be set back a maximum of
9.2 metres from the front lot line provided the dwelling includes a
covered porch with a minimum width of 2.5 metres and a minimum
depth of 2.0 metres.
(iv) Despite (i), (ii) and (iii) where the front wall of an attached private
garage containing the opening for vehicular access is located not
more than 6.2 metres from the front lot line and where a dwelling
includes a covered front porch, the front wall of the main dwelling
may be set back 3.0 metres from the front wall of the garage.
(f)
Exterior Side Yard (minimum): 4.5 metres on arterial and collector roads
and 3.0 metres on local roads.
(g) Interior Side Yard (minimum):
(i)
Single Family Dwelling House: 1.2 metres, except where there is a
dwelling unit without an attached garage, then one of the side yards
must be 3.0 metres;
(ii) Semi Detached Dwelling House: 1.2 metres, for a side that is not
attached to another dwelling house except where there is a dwelling
unit without an attached garage, then one of the side yards must be
3.0 metres; and
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 179
(iii) Row Dwelling House: 1.2 metres, for a side that is not attached to
another dwelling house except where there is a dwelling unit
without an attached garage, then the side yards must be 3.0 metres.
(h) Rear Yard (minimum):
(i)
Those lots backing onto the buffer strip adjacent to the Collins
Creek wetland must have an additional setback of 16.0 metres from
the rear property line. No accessory uses are permitted within 16.0
metres of the rear lot line abutting the buffer strip adjacent to the
Collins Creek wetland; and
(ii) All other lots: 6.75 metres.
(i)
Minimum Lot Area: Not applicable.
(j)
Minimum Lot Coverage: Not applicable.
(k)
Driveways: Maximum driveway width as measured at the lot line is 6.0
metres or 50 % of lot frontage, whichever is less.
(l)
Parking is permitted in the front yard, interior side yard and rear yard.
Parking in the front yard is prohibited except where it is a driveway
leading to a permitted parking area.
(m) Sight Triangles
(i)
Two sight triangles are required on a corner lot. The location of the
first sight triangle must be located by drawing a line between a
point on the exterior side lot line that is 4.5 metres from the
intersection of the front lot line and the exterior side lot line and a
point on the front lot line that is 8.5 metres from the intersection of
the front lot line and the exterior side lot line.
(ii) The location of the second sight triangle must be located by
drawing a line between a point on the exterior side lot line that is
8.5 metres from the intersection of the front lot line and the exterior
side lot line and a point on the front lot line that is 4.5 metres from
the intersection of the front lot line and the exterior side lot line.
(iii) 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.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 180
[Note: Former R2-35 of former zoning by-law 76-26]
L192.
Deleted see By-Law 2025-118
L193.
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:
(i)
Bedroom means any room within a residential unit that is suitable to
be used as a sleeping room under the Ontario Building Code, and
which for greater certainty does not include:
(1) Common areas open to all occupants of the unit;
(2) Areas used for sanitary (such as washroom) or cooking
purposes (such as a kitchen); and
(3) Areas occupied by mechanical equipment, such as furnaces,
hot water heaters and laundry equipment.
(b) Maximum Number of Dwelling Units: 2.
(c)
Maximum Aggregate Number of Bedrooms: 9.
[Note: Former A.437 and Sections 5 and 6 of former zoning by-law 8499]
L194.
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, the property may be used for a
multiple family dwelling containing three units.
(b) Maximum Number of Dwellings per Lot: 1.
(c)
Minimum Lot Area: 712 square metres.
(d) Maximum Number of Bedrooms: 7.
(e)
Minimum Number of On-Site Parking Spaces: 3 parking spaces.
(f)
Maximum Size of a Parking Area: up to 50 square metres of the rear yard
of the multiple family dwelling containing three units may be used as
uncovered parking area.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 181
(g) Deemed To Comply: The multiple family dwelling containing three units
existing as of the date of the passing of the site specific by-law is deemed
to comply with the maximum building height regulations of this By-Law.
In the event that the existing building on the site is removed, any new
development required to comply with this By-law.
[Note: Former A.401 and Sections 5 and 6 of former zoning by-law 8499]
L195.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum Lot Area 260 square metres per dwelling unit.
(b) Maximum Number of Dwelling Units: 2.
(c)
Minimum Aggregate Side Yard Setback 2.6 metres.
[Note: Former A.417 and Sections 5 and 14 of former zoning by-law 8499]
L196.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted Use: In addition to the permitted uses, the dwelling existing on
the date of passing of the site specific by-law may be used for a multiple
family dwelling containing a maximum of six units. Extension, expansion
or structural alteration to the building as it exists on the date of the
passing of the site specific by-law which has the effect of adding new
floor area or dwelling units to the said multiple family dwelling is
prohibited.
(b) Maximum Number of Bedrooms: 10.
(c)
The following definition applies:
(i)
Bedroom: means any room within a residential unit that is suitable
to be used as a sleeping room under the Ontario Building Code, and
which for greater certainty does not include:
(1) Common areas open to all occupants of the unit;
(2) Areas used for sanitary (such as a washroom) or cooking
purposes (such as a kitchen);
(3) Areas occupied by mechanical equipment, such as furnaces,
hot water heaters and laundry equipment; and
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 182
Despite the foregoing, a bachelor, bachelorette or studio unit are
calculated to contain one bedroom.
(d) Minimum Amenity Space Area: 78 square metres.
(e)
Minimum Number of On-Site Parking Spaces: 3 parking spaces.
(f)
Maximum Size of a Parking Area: up to 50 square metres of the rear yard
of the multiple family dwelling containing three units may be used as
uncovered parking area.
(g) No minimum barrier free vehicle parking is required.
(h) No minimum play area is required.
(i)
The use of a cellar as a habitation unit is permitted providing that the
cellar complies with the applicable Ontario Building Code.
(j)
An accessory building for a bicycle parking area is permitted in the
interior side yard and is not permitted closer than 5.5 metres to a front lot
line or 1.2 metres from a side lot line.
(k)
Deemed to Comply: The lot and building existing as of the date of the
passing of the site specific by-law are deemed to comply with the
minimum lot area, minimum front yard, minimum side yard, maximum
percentage of lot coverage and maximum permitted floor space index
regulations of this By-Law. In the event that the existing building on the
site is removed, any new development is subject to the regulations of this
By-law.
[Note: Former A.431 and Sections 5 and 6 of former zoning by-law 8499]
L197.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum Lot Area: 712 square metres.
(b) Deemed to Comply: The existing residential building and shed as of the
date of the passing of the site specific by-law is deemed to comply with
the regulations of this Zoning By-Law. In the event that the existing
structures on the site are removed, any new development or re-
development is subject to this by-law.
[Note: Former A.436 and Section 17 of former zoning by-law 8499]
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 183
L198.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Aggregate Side Yard, Minimum: 2.7 metres.
(b) Uncovered Parking Area, Maximum: 36 square metres.
(c)
A dwelling unit is permitted in a cellar.
[Note: Former A.456 and Sections 5 and 6 of former zoning by-law 8499]
L199.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted Uses:
(i)
One-Family Dwelling Only.
(b) Minimum Lot Area: 195 square metres.
(c)
Minimum Front Yard: 0.1 metre.
(d) Maximum Percentage of Lot Coverage: 47%.
(e)
Maximum Permitted Residential Building Depth: 13.4 metres.
(f)
Parking:
(i)
The minimum size of a parking space is 2.6 metres wide and 5.2
metres long.
[Note: Former A.472 and Sections 5 and 6 of former zoning by-law 8499]
L200.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted Uses:
(i)
One-Family Dwelling; and
(ii) Two-Family Dwelling.
(b) Minimum Lot Area: 195 square metres.
(c)
Minimum Front Yard: 1 metre.
(d) Maximum Permitted Residential Building Depth: 11 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 184
(e)
Parking:
(i)
The minimum size of a parking space is 2.6 metres wide and 5.2
metres long.
[Note: Former A.473 and Sections 5 and 6 of former zoning by-law 8499]
L201.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Additional Permitted Use: Multiple family dwelling containing a maximum
of three dwelling units.
(b) Maximum Number of Dwelling Units: 3.
(c)
Projections into Yards: A covered or uncovered unenclosed porch, deck,
balcony or veranda may project into the required front yard, but is not
permitted closer than 2.4 metres to the front line.
(d) Minimum Lot Area: 185 square metres per dwelling unit.
(e)
Maximum Permitted Building Depth: 18.6 metres.
(f)
Minimum Front Yard Setback: 3.6 metres.
(g) Maximum Size of a Parking Area: Up to 41 square metres of the rear yard
may be used as uncovered parking area.
(h) Off-Street Parking: The minimum size of a standard parking space is 2.6
metres wide by 5.2 metres long.
(i)
Off-Street Parking: 1 parking space per dwelling unit.
(j)
Maximum Aggregate Length of all Dormers: 6.2 metres.
[Note: Former A.582 and Sections 5 and 6 of former zoning by-law 8499]
L202.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Additional Permitted Uses:
(i)
Three-unit dwelling.
(b) The maximum area in the rear yard that may be used for uncovered
vehicle parking is limited to 54 square metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 185
(c)
Deemed to comply: The multiple family dwelling existing as of the date of
the passing of the site specific by-law is deemed to comply with the
requirements of the Zoning By-Law. In the event that the existing
building on the site is removed, any new development is subject to the
provisions of this By-Law.
[Note: Former A2.507 and Sections 5 and 8 of former zoning by-law 8499]
L203.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Additional Permitted Use: Three-Unit Dwelling.
(b) Minimum Front Yard: 6.1 metres.
(c)
Minimum Lot Area: 490 square metres for a Three-Unit Dwelling.
(d) Maximum Number of Bedrooms in a Basement or Cellar: 1.
(e)
Minimum Number of Parking Spaces: 2 parking spaces.
(f)
Minimum Parking Space Dimensions: 2.6 metres by 5.2 metres.
(g) Parking Location: Two parking spaces are permitted in the front yard in a
permitted driveway.
[Note: Former A5.602 and Sections 5 and 11 of former zoning by-law 8499]
L204.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum Front Yard: 2.5 metres.
(b) Minimum Side Yards:
(i)
1.2 metres from the west property line;
(ii) 4.2 metres from the east property line; and
(iii) 5.4 metres aggregate side yard.
(c)
Projections into Yards: Unenclosed porches, decks, balconies, steps, and
verandas, covered or uncovered, are permitted not less than 1.6 metres
from the front lot line.
(d) Maximum Density: 74 dwelling units per net hectare.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 186
(e)
Maximum Lot Coverage: 40%.
(f)
Minimum Parking Space Dimensions: 2.6 metres x 5.5 metres for standard
parking spaces.
(g) Minimum Width of Driveway: 3.0 metres.
(h) Minimum Bicycle Parking Space Dimensions: 1.2 metres x 0.3 metres.
[Note: Former B.569 and Sections 5 and 13 of former zoning by-law 8499]
L205.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Maximum Number of Residential Units: 214.
(b) The limestone building existing on the date of the passing of the site
specific by-law and known municipally as 730 John Counter Boulevard
may only be used as a commercial school, provided that no such
operation emits any noise, vibration, glare, fumes, odours, etcetera, which
cause a nuisance or inconvenience within or outside of the premise.
Subject to the removal of the Holding Overlay, the existing limestone
building may only be used as a single family dwelling or a day nursery
but not a commercial school. This single family dwelling unit is included
as part of the maximum number of permitted residential units.
(c)
Minimum Off-Street Parking for Commercial School Use: 15 spaces.
(d) Minimum Setback from the Adjacent Rail Line: 30 metres.
(e)
The metal clad accessory building existing on the southwest corner of the
site as of the date of the passing of the site specific by-law is deemed to
comply with the regulations of this By-Law. In the event that this existing
accessory building is removed, any new accessory building or structure is
subject to this By-law.
(f)
Parking is not permitted closer to any street line than the nearest wall of
the building to the street. The existing parking, as of the date of the
passing of the site specific by-law, along Maple Street is deemed to
comply with the regulations of this By-Law.
[Note: Former B1.225 and Section 14 of former zoning by-law 8499]
L206.
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 20: Legacy Exceptions - Part 2, Page 187
(a)
Minimum Front Yard Along Division Street:
(i)
5.0 metres for a row dwelling; and
(ii) 7.5 metres for an apartment building.
(b) Maximum Density: 80 dwelling units per hectare.
[Note: Former B1.61 and Section 14 of former zoning by-law 8499]
L207.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Additional Permitted Uses:
(i)
Office;
(ii) Crisis Care Shelter;
(iii) Recovery Home;
(iv) Community Centre; and
(v)
Community Support House.
(b) The above uses are subject to the General Provisions of Section 5 this By-
law.
(c)
The following Accessory Uses to an Additional Permitted Use, listed
above, or a Community Home or Residential Care Facility are permitted:
(i)
Clinic;
(ii) Education Centre;
(iii) Education Facility;
(iv) Restaurant use, excluding a drive through and not greater than 60
square metres; and
(v)
Retail Use; not greater than 80 square metres.
(d) Minimum Parking Spaces: 18.
(e)
Offsite Parking within 150 metres is permitted.
(f)
Minimum Bicycle Parking Spaces: 12.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 188
(g) Maximum Height: 11 metres.
(h) Minimum Front Yard: 1.2 metres.
(i)
Minimum Side Yard: 1.6 metres.
(j)
Minimum Rear Yard: 7.0 metres.
(k)
That there are no minimum separation requirements for the following
uses:
(i)
Community Home;
(ii) Crisis Care Shelter;
(iii) Residential Care Facility;
(iv) Recovery Home; and
(v)
Community Support House.
(l)
Total minimum amenity area and play space is 46 square metres.
(m) No loading space is required.
[Note: Former B1.419 of former zoning by-law 8499]
L208.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted Use: multiple family dwelling.
(b) Minimum Yards:
(i)
from north property line: 7.1 metres;
(ii) from east property line: 1.4 metres;
(iii) from south property line: 3.5 metres; and
(iv) from west property line: 10.6 metres.
(c)
Maximum Lot Occupancy: 128%.
(d) Maximum Number Of Residential Units: 23.
(e)
Minimum Number Of On-Site Parking Spaces: 1 parking space per unit.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 189
(f)
Minimum Amenity Space Area: 1,045.0 square metres.
(g) Maximum Number Of Bedroom Per Unit: 4.
(h) Maximum Number Of Bedrooms: 70.
(i)
Bedroom: means any room within a residential unit that is suitable to be
used as a sleeping room under the Ontario Building Code, and which for
greater certainty does not include:
(i)
Common areas open to all occupants of the unit;
(ii) Areas used for sanitary (such as a washroom) or cooking purposes
(such as a kitchen); and
(iii) Areas occupied by mechanical equipment, such as furnaces, hot
water heaters and laundry equipment.
(j)
Any side yard abutting any part of a lot occupied by a one-family
dwelling or a two-family dwelling must be fenced with a 1.83 metre high
wood board fence.
(k)
Projection Into Yards:
(i)
A covered or uncovered unenclosed porch, deck, balcony or veranda
may project out from the main building wall providing it is no closer
than 0.3 metres to the east lot line and 2.0 metres to the south lot
line.
(ii) Uncovered steps may project out from the main building wall up to
the front lot line.
(l)
Residential Units Fronting On A Street: The building known as 11 Mack
Street existing on the site as of the date of the passing of the site specific
by-law, is deemed to comply with the regulations of this By-Law for
residential units fronting on a street. In the event that the existing
building known as 11 Mack Street is removed, any new development is
required to comply with this By-law.
[Note: Former B3.42 and Section 16 of former zoning by-law 8499]
L209.
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:
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 190
(i)
"Bedroom" means any room within a dwelling unit that is suitable to
be used as a sleeping room under the Ontario Building Code, and
which for greater clarity does not include:
(1) Common areas open to all occupants of the unit;
(2) Areas used for sanitary (such as a washroom) or cooking
purposes (such as a kitchen); or
(3) Areas occupied by mechanical equipment, such as furnaces,
hot water heaters and laundry equipment.
(ii) "Stacked Townhouse" means a dwelling containing four or more
principal dwelling units where the units in each pair are divided
horizontally, and the pairs are divided vertically, and in which each
dwelling unit has an independent entrance from the exterior.
(b) Additional Permitted Use: Stacked Townhouse.
(c)
Density:
(i)
The maximum permitted density is 117 dwelling units per net
hectare.
(ii) The maximum aggregate number of bedrooms is 72.
(d) Minimum Yard Setbacks (235 and 243 Colborne Street):
(i)
Minimum Front Yard: 2.1 metres;
(ii) Minimum Side Yard (East): 0.6 metres;
(iii) Minimum Side Yard (West): 1.5 metres;
(iv) Minimum Aggregate Side Yard: 2.1 metres; and
(v)
Minimum Rear Yard: 5.7 metres
(e)
Minimum Yard Setbacks (60, 62 and 64 Elm Street):
(i)
Minimum Front Yard: 2.5 metres;
(ii) Minimum Side Yard (West): 0.6 metres; and
(iii) Minimum Aggregate Side Yard: 10.7 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 191
(f)
Yard Projections:
(i)
Stairs and porches are permitted to project into the front yard
adjacent to Colborne Street, but is not permitted closer than 1.0
metre to the front lot line.
(ii) Stairs and porches are permitted to project into the front yard
adjacent to Elm Street with no minimum setback from the front lot
line.
(g) Maximum Percentage of Lot Occupancy: 113%.
(h) Accessory Buildings: The minimum setback for detached accessory
buildings is 0.25 metres from side or rear lot lines.
(i)
Off-Street Parking:
(i)
A minimum parking ratio of 0.83 parking spaces per dwelling unit is
required.
(ii) Parking spaces must have minimum dimensions of 2.6 metres wide
by 5.2 metres long.
(j)
Off-Street Accessible Parking:
(i)
Type A accessible parking spaces must have minimum dimensions
of 3.4 metres wide by 5.2 metres long.
(ii) Type B accessible parking spaces must have minimum dimensions
of 2.7 metres wide by 5.2 metres long.
(iii) An access aisle with minimum dimensions of 1.5 metres wide by 5.2
metres long, and marked with high tonal contrast diagonal lines,
must be provided adjacent to Type A and Type B accessible parking
spaces. The access aisle may be shared between Type A and Type B
accessible parking spaces.
(k)
Bicycle Parking: Bicycle parking spaces must have minimum dimensions
of 1.8 metres long by 0.3 metres wide with a minimum overhead vertical
clearance of 2.1 metres.
(l)
One Lot for Zoning Purposes: For the purpose of zoning, all lands subject
to this Exception are considered one lot.
[Note: Former B3.571 and Sections 5 and 16 of former zoning by-law 8499]
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 192
L210.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
The minimum required front yard is 13.1 metres. An unenclosed
wheelchair ramp and one parking space may be located within the
required front yard.
(b) The minimum number of required off-street parking spaces for the
denture therapy clinic is 9; and
(c)
That in the event the existing building on the site is removed, any new
building must comply with this By-law.
[Note: Former C2.301 and Sections 5.3 and 22.3 of former zoning by-law
8499]
L211.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
The maximum grow leasable floor area of a supermarket is 7,432 square
metres.
(b) The maximum combined Gross Leasable Area of all permitted uses on the
site is 39,992 square metres.
(c)
All buildings must be set back a minimum of 30 metres from the CN
Railway right-of-way in conjunction with an earthen berm.
(d) A minimum horizontal buffer of 15 metres is required between the 'EPA'
Zone located along the west side of the site and any impervious surface
such as a driveway, parking lot, outdoor storage area or structure. This
must not include a public use such as a hydro substation.
(e)
A minimum horizontal buffer of 10 metres is required from any
stormwater management facility located on lands subject to this
Exception.
(f)
The minimum front yard setback, along Dalton Avenue 190 metres west
of Division Street, is 3.0 metres.
(g) For 1040 to 1162 Division Street and 88 to 120 Dalton Avenue, the
minimum parking ratio is 1 parking space for every 28.0 square metres of
gross leasable area.
[Note: Former C2.326 and Section 22 of former zoning by-law 8499]
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 193
L212.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
The use of a cellar as a dwelling unit or as a habitation unit is permitted.
(b) Maximum Number of Dwelling Units: 10.
(c)
Minimum Width of Driveway 3.3 metres.
(d) Minimum number of parking spaces: 0.7 per dwelling unit.
(e)
Minimum Amenity Area: 10 square metre per dwelling unit.
(f)
"Planting Strip" means the open unobstructed space at grade on a lot
accessible by walking from the street on which the lot is located and
which is suitable for the growth and maintenance of trees, shrubs, hedges
and flower beds.
(g) A 2 metre wide planting strip must be provided along the front property
line containing a mix of trees, shrubs, hedges and flower beds.
(h) A 1.2 metre wide walkway must be provided from the public sidewalk to
the barrier free parking located at the rear of the building. The walkway
must be visually distinguished with contrasting paving materials or
markings.
[Note: Former C4.528 and Section 5 and 23C of former zoning by-law 8499]
L213.
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 also permitted:
(i)
A building containing: 4 residential dwelling units;
(b) Bedroom Limitations:
(i)
Definition: Bedroom means any room within a residential unit that is
suitable to be used as a sleeping room under the Ontario Building
Code, and which for greater certainty does not include:
(1) Common areas open to all occupants of the unit;
(2) Areas used for sanitary (such as washroom) or cooking
purposes (such as a kitchen), and
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 194
(3) Areas occupied by mechanical equipment, such as furnaces,
hot water heaters and laundry equipment.
(ii) Despite the foregoing, a bachelor, bachelorette or studio unit is
calculated to contain 1 bedroom.
(iii) No more than 14 bedrooms are permitted within the building.
(c)
Zone Provisions:
(i)
Minimum Front Yard: 1.5 metres.
(ii) Minimum front yard for porch with roof: 0.4 metres.
(iii) Side Yard (minimum): 0.3 metres.
(iv) Aggregate Side Yard (minimum): 3.3 metres.
(v)
Maximum percentage of lot coverage: 33%.
(vi) Amenity Space (minimum): 109 square metres.
(vii) Play space requirement: 0.0 square metres.
(viii) Height (maximum): 11.3 metres, except:
(1) An additional 3.0 metres in height may be permitted for a stair
tower.
(ix) Parking:
(1) Minimum Number of Parking Spaces: 3 parking spaces.
(2) Minimum Number of Barrier Free Parking Spaces: 0 parking
spaces.
[Note: Former E.501 and Sections 5 and 17 of former zoning by-law 8499]
L214.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Definitions
(i)
"Lot Frontage" is located on Huntsmill Drive and means the
horizontal distance between the side lot lines, such distance being
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 195
measured perpendicularly to the line joining the middle of the front
lot line with either the middle of the rear lot line or the apex of the
triangle formed by the side lot lines and at a point thereon not less
than the minimum required front yard depth and not greater than
10.67 metres from the front lot line.
(b) Lot Area (Minimum): 2,000 square metres.
(c)
Lot Frontage (Minimum): 12 metres.
(d) Parking Area Regulations:
(i)
Yards Where Permitted: Uncovered surface parking areas are
permitted in the following areas:
(1) Rear Yard;
(2) Interior Side Yard; and
(3) Front Yard beyond a distance of 50 metres measured from the
front lot line abutting Huntsmill Crescent.
(e)
Existing Accessory Structure:
(i)
Interior Side Yard (Minimum) 0.4 metres; and
(ii) Floor Area (Maximum) 42 square metres.
[Note: Former R1-51 of former zoning by-law 32-74]
L215.
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 conservation use. Structures and/or marine
facilities (including but not limited to boathouses and/or docks) are
prohibited.
[Note: Former OS-15 of former zoning by-law 32-74]
L216.
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 a public pathway or public park in
accordance with the following provisions:
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 196
(i)
No structures are permitted closer than 15 metres from the
floodplain.
(ii) Marine facilities (including but not limited to boathouses and/or
docks) are prohibited.
[Note: Former OS-16 of former zoning by-law 32-74]
L217.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
For clarification purposes, the shoreline is deemed to be the front lot line.
(b) The following uses are the only permitted uses:
(i)
Residential Uses:
(1) a detached single family dwelling house.
(ii) Non-Residential Uses:
(1) a home occupation; and
(2) a public use.
(iii) Prohibited Uses:
(1) marine facilities (including but not limited to boathouses
and/or docks).
(c)
Lot access is permitted by way of a registered right-of-way easement
from a public street.
(d) Lot Area (minimum): 0.91 ha.
(e)
Lot Frontage (minimum): 30 metres.
(f)
Interior Side Yard Width (minimum): 6 metres.
(g) Rear Yard Depth (minimum): 15 metres.
(h) Dwelling Unit Area (minimum): 140 square metres.
(i)
Landscaped Open Space (minimum) : 50%.
(j)
Lot Coverage (maximum): 15%.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 197
(k)
Height of Building (maximum): 9 metres.
(l)
Water Setback from Colonel By Lake/River Styx:
(i)
All development/structures must be setback a minimum of 30
metres from the maximum recorded water level, defined as 88.92
metres G.S.C., as shown on Figure L217.
(ii) The first 30 metres inland from the maximum recorded water level
of Colonel By Lake/River Styx, defined as 88.92 metres G.S.C., as
shown on Figure L217, must be maintained as a 'no cut' buffer area
within which there is no disturbance of the soil mantle or vegetation
cover.
(m) Dwelling Houses Per Lot (maximum): 1 only.
[Note: Former ER-14 of former zoning by-law 32-74]
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 198
Figure L217
L218.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum Lot Area: 3.5 hectares.
(b) Maximum Dwelling Houses Per Lot: 2.
(c)
Rear Lot Line: The lot line abutting Highway No. 15 and Highway No. 401
is deemed to be part of the rear lot line.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 199
[Note: Former A1-6 of former zoning by-law 32-74]
L219.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum Lot Area:
(i)
Apartment dwelling house: 62.8 square metres per dwelling unit.
(b) Minimum Lot Frontage:
(i)
There is no minimum lot frontage requirement.
(c)
Setbacks from Zone Line:
(i)
Zone line nearest Highway 15 (west zone line): 10.8 metres; and
(ii) All other zone lines: 15.5 metres.
(d) Setbacks From Zone Line For Underground Parking Garage: 0.25 metres.
(e)
Minimum Dwelling Unit Area:
(i)
Dwelling unit containing 1 bedroom: 55 square metres; and
(ii) Dwelling unit containing 2 bedrooms: 73 square metres.
(f)
Maximum Number Of Dwelling Units: 180.
(g) Maximum Building Height: 44 metres.
(h) Yard Where Parking Area Permitted: All yards.
[Note: Former R3-13 and Sections 5 and 11 of former zoning by-law 32-74]
L220.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Additional Permitted Use:
(i)
In addition to the uses permitted in Section 6.2 of former zoning
by-law 8499, the permitted uses also include a multiple family
dwelling containing three residential dwelling units.
(b) Minimum Lot Area: 269 square metres per dwelling unit.
(c)
Maximum Permitted Residential Building Depth: 21.0 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 200
(d) Minimum Off-Street Residential Parking: 1 parking space per dwelling
unit.
(e)
Parking Area:
(i)
Up to 50 square metres of the rear yard may be used as an
uncovered parking area.
(ii) Minimum Driveway Width: 2.3 metres.
(f)
Projections into Front Yard:
(i)
Unenclosed porches, decks, balconies, steps, and/or verandas,
covered or uncovered, are permitted to project 4.0 metres out from
the main building wall, but not closer than 2.0 metres to the front
lot line.
(g) Maximum Number of Bedrooms:
(i)
A maximum of 14 bedrooms is permitted, in the aggregate.
[Note: Former A.604 and Sections 5 and 6 of former zoning by-law 8499]
L221.
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)
a Tourist Establishment;
(ii) a Retail Store;
(iii) a Gasoline Retail Facility;
(iv) a Restaurant; and
(v)
a Restaurant Take-Out.
(b) Lot Area (minimum): 3 hectares.
(c)
Building Height (maximum): 10.5 metres.
(d) Lot Frontage (minimum): 38 metres.
(e)
Yards:
(i)
Front Yard (minimum): 17 metres;
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 201
(ii) Rear Yard (minimum): 64 metres;
(iii) Side Yard (South) (minimum): 48 metres; and
(iv) Side Yard (North) (minimum): 9 metres.
(f)
It is prohibited to construct or place any building or structure within 64
metres of the west property line.
(g) Parking Space Dimensions:
(i)
Width (minimum): 2.75 metres; and
(ii) Length, (minimum): 5.8 metres in length.
(h) There must be a minimum of 4 barrier free parking spaces.
(i)
No drive-through service facility is permitted within 45 metres of a
residential zone or zone that permits a residential use.
(j)
The minimum distance for signage from the south property line is 32
metres.
(k)
The minimum distance between any portion of the gasoline pump island,
including canopy, and any lot line must be in compliance with the
minimum setbacks established in this zone.
(l)
In place of a planting strip, a berm must be constructed on the south
portion of the subject property between the commercial use and the
south property line. The following applies:
(i)
The minimum distance from the Highway 15 right-of-way is 22
metres;
(ii) The minimum distance from the west property line is 80 metres;
(iii) The minimum berm height is 2 metres;
(iv) The minimum berm length is 38 metres;
(v)
The berm must have a minimum 3:1 slope; and
(vi) The berm must be planted with grass, indigenous plants, trees and
shrubs.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 202
(m) The Minimum Distance Separation from a barn or manure storage use to
a commercial structure is 145 metres.
[Note: Former CH-13 and Sections 5 and 16 of former zoning by-law 32-74]
L222.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Building Height:
(i)
No part of the mixed use building is permitted to exceed the height
limits in metres specified by the numbers following the "H" as
shown on Figure L222, this does not prevent the erection of:
(ii) Window washing equipment, lighting fixtures, ornamental elements,
lightning rods, parapets, trellises, eaves, window sills, guardrails,
balustrades, railings, stairs, stair enclosures, wheel chair ramps,
vents, ventilating equipment, landscape and green roof elements,
solar panels, partitions dividing outdoor recreation areas, wind
mitigation, chimney stack, exhaust flues, garbage chute overrun and
public art elements.
(iii) Height is measured from the finished floor grade of 98.85 metres
geodetic
(iv) Streetwall Height (maximum) 14.5 metres measured from 98.5
metres geodetic.
(b) The minimum angular plane does not apply.
(c)
For the purposes of this Exception, all yards that are not front yards are
deemed as side yards.
(d) Off Street Parking
(i)
0.5 spaces per residential unit;
(ii) 1 space per 150 square metres of gross leasable area for any
permitted commercial use; and
(iii) minimum 88 parking spaces to be provided onsite.
(e)
Parking spaces must have minimum dimensions of 2.6 metres wide by 5.2
metres long
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 203
(f)
Barrier Free parking spaces must have minimum dimensions of 3.7 metres
wide by 5.2 metres long with a minimum required vertical clearance of 2.1
metres. If a 1.5 metre access aisle is provided beside a barrier free parking
space the dimensions can be reduced to 3.2 metres wide by 5.2 metres
long.
(g) Off-site residential parking must be provided within 500 metres of the
lands subject to this Exception.
(h) Loading Spaces: A minimum of one loading space is required which must
have a minimum vertical clearance of 3.4 metres.
(i)
Bicycle Parking:
(i)
Horizontal parking stalls must have minimum dimensions of 1.8
metres by 0.3 metres; and
(ii) Vertical parking stalls must have minimum dimensions of 1.5 metres
by 0.3 metres.
(j)
Car Share Parking:
(i)
Car Share means the practice where a number of people share the
use of one or more motor vehicles that are owned by a profit or
non-profit car sharing organization, such car-share vehicles to be
made available for short term rental, including hourly rental.
(ii) 2 Car Share parking spaces must be provided and maintained on
the site included within the required residential parking.
(k)
Amenity Area (minimum) 4,390 square metres.
(l)
Ground floor height means the floor-to-next floor height as measured
from the finished grade of 98.85 metres geodetic and must not be less
than 5 metres.
(m) Canopies may extend or project into a required yard not more than 1.0
metre.
(n) Residential Dwellings are not permitted on the 11th floor.
(o) The maximum number of bedrooms per unit is 3.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 204
(p) Bedroom means any room within a residential unit that is suitable to be
used as a sleeping room under the Ontario Building Code, and which for
greater certainty does not include:
(i)
Common areas open to all occupants of the unit;
(ii) Areas used for sanitary (such as a washroom) or cooking purposes
(such as a kitchen); and
(iii) Areas occupied by mechanical equipment, such as furnaces, hot
water heaters, and laundry equipment.
(q) City Owned Structures such as bus shelters are exempt from the
provisions of this by-law and must not impact the provisions of this by-
law if lands are required to be conveyed to the municipality.
[Note: Former C4.463 and Section 23C of former zoning by-law 8499]
Figure L222
L223.
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 20: Legacy Exceptions - Part 2, Page 205
(a)
Permitted Use: In addition to the permitted uses, a linked dwelling house
is a permitted use subject to the following provisions:
(i)
Lot Frontage (minimum): 10.8 metres corner lot and 9 metres other
lot.
(ii) Interior Side Yard Width (minimum): 1.2 metres, except on the other
side where the houses are linked, the minimum is 0.6 metres.
(iii) Front Yard Depth (minimum): 3.0 metres.
(iv) Rear Yard Depth (minimum): 6.75 metres.
(v)
Row Dwelling Units Per Building (maximum): 4.
(vi) 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.
[Note: Former R12-5 and Sections 5(11)(d) and 11I of former zoning by-law
32-74]
L224.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Lot Area (minimum):
(i)
Apartment dwelling house: 50 square metres per dwelling unit.
(b) Dwelling Unit Area (minimum):
(i)
Dwelling unit containing 1 bedroom: 55 square metres; and
(ii) Dwelling unit containing 2 bedrooms: 73 square metres.
(c)
Maximum Number Of Dwelling Units: 356.
(d) Maximum Building Height: 45 metres.
(e)
Yard Where Parking Area Permitted: All yards, however, parking is
prohibited within 6.0 metres of the front lot line.
(f)
Dwelling Houses Per Lot: There is no maximum number of dwelling
houses per lot.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 206
(g) Setbacks From Property Line For Underground Parking Garage: 0.25
metres.
(h) Minimum Vertical Clearance At Accessible Parking Spaces, Passenger
Loading Zones, And Along Access Routes In Underground Parking
Structure: 2.1 metres.
(i)
Privacy Yard: A privacy yard less than 3.5 metres is permitted for a
pedestrian access to any habitable ground floor windows only at the front
entrance pedestrian drop off.
(j)
No driveway is permitted within 1.0 metres to the northerly interior side
lot line.
(k)
Where any portion of this property is, subsequent to the date of passing
of this amending By-Law, taken or acquired by the City for the purpose of
a road widening, or other public use, and such use is not required in
order to provide entrances, exits, acceleration or deceleration lanes or
other similar uses designed to serve this property, then the development
potential as permitted in this By-Law, for any building permit issued after
the date of passing of this amending By-Law is calculated on the entire
lot area including the area of the proposed road widening or other public
use.
(l)
m) For the purpose of interpretation, the lands subject to this Exception
are deemed single parcel.
[Note: Former R3-14 and Sections 5 and 11 of former zoning by-law 32-74]
L225.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
The minimum front yard is 1.5 metres along Hickson Avenue.
[Note: Former M7.451 and Section 30.3(b) of former zoning by-law 8499]
L226.
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, the permitted uses also include:
Hospice Facility; Retirement Home; and Pharmacy/Drugstore.
(b) A Hospice Facility is defined as: an establishment, where end of life care is
provided consistent with the needs of the residents. Such establishment
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 207
may include offices, facilities for therapy or medical treatment, and uses
incidental, accessory and supportive of the hospice use.
(c)
A Pharmacy/Drugstore is defined as: an establishment where prescription
drugs are dispensed, medical devices and supplies and non-prescription
medicines are sold, and where non-medical products may also be sold.
[Note: Former MU2*22 of former zoning by-law 97-102]
L227.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
The following use is permitted in addition to the permitted uses:
(i)
Apartment Dwelling.
(b) Maximum Height:
(i)
Maximum Height at Build-to-Plane: 4 storeys not to exceed 17
metres; and
(ii) Maximum Building Height: 4 storeys not to exceed 17 metres.
(c)
Parking Design:
(i)
Access: Where 4 or fewer parking spaces are required, such spaces
must be provided with 1 combination entrance/exit lane being a
minimum of 3 metres in width;
(ii) Minimum Parking Space Dimensions: The minimum parking space
dimensions for parking spaces is 2.6 metres wide and 5.5 metres
long; and
(iii) Minimum Aisle Width: The minimum parking area aisle width
providing access to the combination entrance/exit lane must have a
minimum width of 5.5 metres.
(d) Minimum Required Number of Parking Spaces: Apartment Dwelling 0.83
per dwelling unit.
(e)
Minimum Lot Coverage: 35%.
(f)
Maximum Density: 150 residential units per net hectare.
(g) Amenity Area:
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 208
(i)
Minimum Requirements: Common amenity area must be provided
at a rate of 10 square metres per dwelling unit; and
(ii) Design: Amenity areas must be aggregated into one area or
grouped into areas of not less than 54 square metres".
[Note: Former C1-39 and Sections 5 and 7 of former zoning by-law 96-259]
L228.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Maximum Gross Leasable Retail Area: 2,999 square metres.
(b) In addition to the permitted uses, a retirement home use and accessory
personal service shop, retail use and recreational use to be utilized
exclusively by the retirement home residents and staff are permitted.
(c)
That for the purpose of zone interpretation, all lands subject to this
Exception deemed single parcel.
(d) Maximum Building Height: 26 metres for a retirement home use.
(e)
Parking: a minimum of 0.60 parking spaces per dwelling unit must be
provided for a retirement home use.
(f)
The maximum residential density is 150 dwelling units per hectare.
(g) Permit a dwelling unit equivalency ratio of 2 retirement home suites, as
defined herein, to one dwelling unit (2:1 units) for a retirement home use.
(h) "Retirement Home Suite" is defined as a habitable space designed for
living and sleeping consisting of studios, one or two bedrooms, private
bathroom and separate entrance from a common hall, and a kitchenette
which may include convenience facilities such as a bar fridge and a
microwave oven, but without full cooking facilities.
[Note: Former MU1*4 of former zoning by-law 97-102]
L229.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Additional Permitted Residential Use:
(i)
Multi-unit Residential Dwelling.
(b) Maximum Density:
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 209
(i)
The maximum permitted density is 210 residential dwelling units per
net hectare; and
(ii) The maximum aggregate number of bedrooms is 12.
(c)
Amenity Area
(i)
A minimum of 15 square metres of amenity area must be provided.
(ii) Where an amenity area is provided as a communal space, it must be
aggregated into one area or grouped into areas of not less than 15
square metres.
(iii) Amenity Area provisions of this By-law do not apply.
(d) Off-Street Parking Requirement
(i)
A minimum of 1 on-site parking space is required.
(ii) The minimum parking stall dimensions are 2.6 metres in width by
5.2 metres in length.
(iii) On-site accessible parking is not required.
(e)
Bicycle Parking
(i)
On-site bicycle parking stalls must be a minimum of 1.8 metres in
length by 0.3 metres in width with a minimum overhead clearance
of 2.1 metres.
[Note: Former C1-52 and Sections 5 and 7 of former zoning by-law 96-259]
L230.
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 conservation use or public use. Structures
and/or marine facilities (including but not limited to boathouses and/or
docks) are prohibited.
[Note: Former FP-6 of former zoning by-law 32-74]
L231.
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 20: Legacy Exceptions - Part 2, Page 210
(a)
For the purposes of zoning interpretation, the lands subject to this
Exception are deemed single parcel.
(b) Maximum Residential Density: 166 residential units per net hectare.
(c)
Vehicle Parking Requirements: No parking spaces are required for up to 8
dwelling units. Any additional spaces required by this By-law for an
addition or change of use must be provided in accordance with all
provisions respecting parking spaces and areas.
(d) Bicycle Parking:
(i)
Dimensions: Each space within the Bicycle Parking Area must not be
less than 1.8 metres by 0.4 metres for horizontal spaces, and
overhead clearance in covered spaces must be a minimum of 2.1
metres. Vertical parking stalls must not be less than 1.5 metres by
0.3 metres.
(ii) Requirement: Total Number of Bicycle Parking Spaces: 8 (minimum).
(e)
Aggregate Amenity Area: 74 square metres (minimum).
[Note: Former C1-43 of former zoning by-law 96-259]
L232.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
In addition to those uses permitted by this By-law, the permitted uses
also include:
(i)
Dwelling, Triplex
(b) Maximum Residential Density: 300 residential units per net hectare.
(c)
Minimum Number of Parking Spaces: 1 parking space for up to three
dwelling units.
(d) Minimum Parking Space Dimensions: 5.2 metres by 2.75 metres.
(e)
Minimum Drive Aisle Width for Rear Parking Access: 2.44 metres.
[Note: Former C1-44 of former zoning by-law 96-259]
L233.
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 20: Legacy Exceptions - Part 2, Page 211
(a)
The maximum permitted density is 292 residential units per net hectare of
land.
(b) Height at Build-to-Plane: 4 storeys, not to exceed 17 metres.
(c)
Maximum Building Height: 4 storeys, not to exceed 17 metres.
[Note: Former C1-36 of former zoning by-law 96-259]
L234.
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 an apartment dwelling house.
(b) Maximum Height of Building: 22.8 metres exclusive of any elevator or
service penthouse.
(c)
Maximum Number of Storeys: 8.
(d) Maximum Dwelling Houses Permitted: 1 per lot.
(e)
Minimum Parking Requirements: 1.5 parking spaces per dwelling unit.
(f)
Exterior Side Yard: The western boundary of the zone is deemed to be a
side lot line.
(g) Rear Lot Line: The northern boundary of the Zone is deemed to be a rear
lot line.
(h) Special Provision: The minimum setback from Highway Number 15 is 58.0
metres, measured from the pavement edge of Highway Number 15.
(i)
Parking Space Size: The minimum parking space size is 16.0 square
metres, provided that every parking space must have a minimum width of
2.75 metres.
(j)
Dwelling Unit Location: One dwelling unit may be located in the cellar of
an apartment dwelling house provided it contains only 1 kitchen.
[Note: Former R3-5 of former zoning by-law 32-74]
L235.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
"Waste Processing Site" means a site which has received a Certificate of
Approval under the Environmental Protection Act, or such equivalent
approval as may exist from time to time under this or any successor
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 212
legislation, to allow the site to be used for the management or
preparation of waste for subsequent reuse or disposal.
(b) "Waste Transfer Station" means a waste disposal site which has received a
Certificate of Approval under the Environmental Protection Act, or such
equivalent approval as may exist from time to time under this or any
successor legislation, to allow the site to be used for the purpose of
transferring waste from one vehicle to another for transportation to
another waste disposal site.
(c)
Permitted Uses: waste processing site and waste transfer station provided
the uses are developed and operated in accordance with the provisions
herein.
(d) The following additional uses are permitted: an assembly plant, a
business professional office, but must not include a primary of accessory
retail use, a dry-cleaning or laundry plant, a fabricating plant, a
manufacturing plant, a processing plant, a public use, and a warehouse.
(e)
The following uses are prohibited: an automobile wrecking yard, a
salvage yard and a sanitary landfill site.
(f)
The lands subject to this Exception must be used in accordance with the
Zone Provisions of the former Restricted General Industrial 'M6' Zone,
Section 28A(2) of former zoning by-law 76-26.
(g) The maximum amount of waste to be received at lands is limited to the
following:
(i)
Hazardous liquid: 100 tonnes per day; and
(ii) Non-hazardous waste: 200 tonnes per day.
(h) PCB, radioactive, pathological and putrescible waste is prohibited and are
not permitted on lands subject to this Exception.
[Note: Former M4-5 of former zoning by-law 76-26]
L236.
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 this By-law, the permitted uses also
include a semi-detached dwelling, for the purpose of recognizing the
existing development and each lot along the common party wall.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 213
(b) 3029 A:
(i)
Minimum Lot Area: 0.6 hectares; and
(ii) Minimum Frontage: 29 metres.
(c)
3029 B:
(i)
Minimum Lot Area: 1.4 hectares; and
(ii) Minimum Frontage: 71 metres.
[Note: Former A2-9 of former zoning by-law 76-26]
L237.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Additional Permitted Uses:
(i)
A Second Residential Unit.
(b) Prohibited Uses:
(i)
Garden Suite;
(ii) Boarding House; and
(iii) Lodging House.
(c)
Lot Area (minimum): 557 square metres.
(d) Lot Frontage (Minimum): 16.76 metres.
(e)
Second Residential Unit:
(i)
Second Residential Unit Area: A second residential unit must have a
gross floor area not exceeding 40% of the gross floor area of the
principal residential unit or 90 square metres, whichever is lesser.
Calculations for gross floor area refers to the total area of each floor,
including finished attic spaces, whether located above, at, or below
grade, measured from the interior of outside walls and including
floor area occupied by interior walls, but excluding:
(1) floor area occupied by mechanical, service, and electrical
equipment that serve the building;
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 214
(2) an open porch or balcony; and
(3) areas internal to the building that are intended for the storage
of vehicles.
(ii) Second Residential Units Per Dwelling House (maximum): 1 only.
(iii) Access: The second residential unit must have separate access from
that of the principal residential unit. Access must be provided at the
front of the building, or at the side or rear of the building where a
minimum 1.14 metre wide unobstructed walkway from the front of
the building to the access is provided.
(iv) Accessory Uses, Parking etcetera: In addition to any other parking
requirements, parking space(s) required by this By-law must be
provided for the second residential unit. The required parking is
permitted to be provided through a tandem or stacked parking
arrangement. The parking space location for the second residential
unit must meet the yard and driveway provisions of the zone.
(v)
An additional driveway is not permitted for a second residential unit.
[Note: Former R1-69 and Section 12 of former zoning by-law 76-26]
L238.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted Residential Uses:
(i)
an apartment dwelling house including a residential/commercial
complex; a senior citizens complex; and a nursing home.
(b) Permitted Non-Residential Uses:
(i)
an arcade; an art gallery; automotive centre; a banquet hall; a day
nursery of day care centre; a department store; a financial
institution; a home improvement centre; a laboratory; a motel or
hotel; a rental outlet; a Nursery/Garden Centre/Greenhouse; a retail
warehouse; a shopping centre; a workshop; and an automobile body
shop.
(c)
Zone Interpretation: All lands subject to this Exception are treated as a
single parcel for the purpose of zone interpretation.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 215
(d) Buffering: That a landscaped buffering strip of 6.0 metres is required
between any residential use which abuts an industrial zone.
(e)
Gross Leasable Area (maximum): The retail gross leasable area of a
shopping centre must not exceed 10,000 square metres. For the purpose
of this provision the term "gross leasable area" must not include floor
area which is exclusively devoted to institutional, office or residential use.
(f)
Height of Building (maximum): The maximum permitted building height
is 24.38 metres.
(g) Interior Side Yard Width (minimum):
(i)
Automobile Service Station is 3.0 metres.
(ii) Other uses is 6.0 metres, provided that where the interior side lot
line abuts another lot in a Commercial or Industrial Zone, no interior
side yard is required.
(iii) For an accessory building or structure abutting a non-residential use
the minimum setback is 0.0 metres.
(iv) For an accessory building or structure abutting a residential use the
minimum interior side yard setback must comply with Section
5(1)(e), Yards and Setbacks of former zoning by-law 76-26.
(h) Parking Location: Parking may be provided in all yards with a 0.0 metre
setback from Gardiners Road extending from the north east corner of the
lot, south for 75.5 metres along the front lot line.
(i)
Access (minimum): The minimum driveway access used for combined
ingress and egress is 6.0 metres.
(j)
Drive Aisle Width (minimum): The minimum drive aisle width is 6.0 metres
and must permit 2-way traffic.
(k)
Driveway Separation From Intersections: The minimum distance between
a driveway and an intersection of street lines is 15.2 metres, provided that
where a driveway intersects with an intersection of street lines at a 90-
degree angle, no minimum distance between a driveway and an
intersection of street lines is required.
(l)
Location of Automobile Body Shops: An automobile body shop use must
be located no closer than 52 metres to the front lot line and must be
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 216
screened from view from any street and comply with all other minimum
yard setback requirements.
(m) Accessory Vehicle Storage: An accessory vehicle storage area is
permitted, provided that it complies with the following provisions:
(i)
Vehicle storage is permitted only as an accessory use to a permitted
vehicle sales or rental establishment use.
(ii) Vehicle storage is limited to the storage of vehicles, recreational
vehicles (boats, trailers, mobile homes), and power sports vehicles.
(iii) No vehicle storage is permitted in a front yard except for the
purpose of display of vehicles for sale, rent, or lease. The location of
front yard display area is not permitted closer than 115 metres to
the northern interior side lot line.
(iv) Vehicle storage and display is permitted in the south interior side
yard and rear yard.
(n) "Power sports vehicles" means vehicles, equipment and accessories
including snow machines, personal watercraft, all-terrain vehicles, utility
vehicles, trailers, cargo racks and other similar vehicles and accessories.
[Note: Former C2-51 and Sections 5 and 19 of former zoning by-law 76-26]
L239.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Prohibited use: an accessory dwelling unit.
[Note: Former M1-16 and Section 24(1)(a) of former zoning by-law 76-26]
L240.
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 the only uses permitted:
(i)
Any manufacturing, compounding, processing, treating, assembling,
repairing, packaging, office or research facility establishment which
is not obnoxious by reason of emission of contaminants as defined
in the Environmental Protection Act and which has been obtained
Environmental Compliance Approvals as required under the
Environmental Protection Act;
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 217
(ii) An accessory dwelling unit (watchman's quarters);
(iii) A retail outlet, wholesale outlet or business office accessory to a
permitted use;
(iv) Accessory buildings which are subordinate to a permitted use;
(v)
Open storage accessory to a permitted use; and
(vi) An independent masonry/landscaping retail use limited to 1.3
hectares with a maximum gross floor area of 500 square metres for
any buildings or structures.
(b) Front Yard (minimum): With the exception of buildings and structures to a
maximum of 500 square metres for the independent
masonry/landscaping retail use, all buildings and structures must be
setback a minimum of 25 metres. Within this setback, and except for
access driveways and the display of products and signage specified within
an approved site plan, the first 12 metres from the front property line is
only permitted to be used as a landscaped buffer strip consisting of
natural vegetation and/or a combination berm and landscaping sufficient
to screen the industrial operation or associated open storage areas from
the abutting street. Surface parking and open storage is permitted within
the 25 metre front yard but must be located outside of the 12 metre
landscaped buffer strip.
(c)
Side Yard (minimum): All buildings and structures must be setback a
minimum of 10 metres. Where required and except for access driveways,
this area is only permitted to be used as a landscaped buffer strip
consisting of natural vegetation and/or a combination berm and
landscaping sufficient to screen an industrial operation or associated
open storage areas from the abutting property.
(d) Rear Yard (minimum): 13 metres.
(e)
The required rear yard must include a minimum 5 metre landscaped
buffer strip consisting of natural vegetation and/or a combination berm
and landscaping sufficient to screen an industrial operation or associated
open storage areas from the abutting property.
(f)
Open Storage:
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 218
(i)
Open storage uses are permitted to locate in all yards provided the
open storage use is located outside of any required landscape
buffers.
(ii) The maximum coverage for open storage uses is 70% of the lot
area.
(iii) Fencing of the open storage use is not required.
(g) Yards In Which Parking Is Permitted: all yards provided that no part of
any parking area, other than a driveway, is located closer than 12 metres
to any street line.
(h) Driveway Width (maximum): 16 metres.
[Note: Former M1-5 and Sections 5 and 24 of former zoning by-law 76-26]
L241.
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)
Service Garage;
(ii) Transportation Depot;
(iii) Firewood Processing Yard;
(iv) Soil Processing Facility;
(v)
Contractor's Yard; and
(vi) An office associated with a permitted use.
(b) Prohibited Uses:
(i)
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)
"Service Garage" means a building, structure or lot where
commercial vehicles and equipment are stored or where vehicles are
repaired or maintained.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 219
(ii) "Transportation Depot" means any building, structure or lot where
trucks or tractor trailers are rented, leased, kept for hire, stored or
parked for commercial purposes.
(iii) "Firewood Processing Yard" means the storage and processing of
timber into firewood.
(iv) "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.
(v)
"Contractors Yard" means the yard or depot of a construction
company or contractor used for the storage and maintenance of
equipment used by the contractor or company, and includes
facilities for the administration or management of the business and
the stockpiling or storage of supplies used by the business, but does
not include the retail sale of construction materials or supplies, or
home improvement supplies.
(d) Minimum Lot Area: 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)
Minimum height: 4 metres at the average finished grade;
(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
(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)
Open Storage Area: No open storage of goods or material is permitted,
except in accordance with the following provisions:
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 220
(i)
Every open storage area must be accessory to the main use and may
include licensed vehicles, equipment, tractors and commercial
vehicles;
(ii) Every open storage area must comply with the yard 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.
(g) Minimum setback from EPA zone: 30 metres.
[Note: Former M1-6 and Sections 4, 5 and 24 of former zoning by-law 76-26]
L242.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum Lot Area: 1.4 hectares.
(b) Minimum Lot Frontage: 100 metres.
(c)
Minimum Front Yard Depth: 10 metres.
(d) Minimum Interior Side Yard Depth: 10 metres.
(e)
Minimum Rear Yard Depth: 65 metres.
(f)
Yards Where Parking is Permitted:
(i)
Parking is permitted in all yards provided no part of any parking
area, other than a driveway or any underground parking, is located
no closer than1.5 metres to a front lot line, 1.5 metres to any side lot
line and 30 metres to the rear lot line.
(g) Minimum Percentage of Landscaped Open Space: 40%.
(h) Maximum Lot Coverage: 30%.
(i)
Maximum Building Height: 45 metres.
(j)
Maximum Number of Dwelling Units per Block: 185 dwelling units.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 221
(k)
Privacy Yards: A privacy yard for an apartment dwelling, unobstructed by
parking area or vehicular driveway must be provided adjoining a
habitable room window with a minimum depth of 5 metres measured at
right angles from such wall the window adjoins except at front entrance
and loading area where a 1.5 metre yard is required.
(l)
An unbroken 1.8 metre high chain link fence is required to be constructed
along the westerly property line for the whole extent of this zone. The
fence must be constructed without any openings and/or gates.
(m) A berm(s) must be constructed along the entire westerly property line,
save and except where existing drainage and secondary emergency
access need to be incorporated into the design of the berm(s) and
subject to the following provisions:
(i)
Minimum setback from property line: 3 metres;
(ii) Minimum height: 4 metres at the average finished grade;
(iii) Minimum slope must be: 3:1;
(iv) The design of the berm(s) will take into account the existing
drainage from the abutting property to the west to ensure that
excessive ponding does not occur as a result of the berm
construction; and
(v)
The berm(s) is only permitted to be used as planting a row of trees
or a continuous unpierced hedgerow of evergreens and deciduous
trees, not less than 1.5 metres high, along the crest of the berm(s);
the remainder of the strip is only permitted to be used as the
planting of shrubs, flowering shrubs, flower beds or a combination
thereof. The berm will be vegetated with a mix of deciduous and
coniferous native species with a trunk diameter to be determined to
be satisfactory to the City's Arborist in consultation with the City's
Planner (Parks Development) and Senior Heritage Planner.
(n) Minimum vertical clearance for a parking structure or underground
garage is 2.1 metres.
[Note: Former R5-20 and Sections 5 and 15A of former zoning by-law 76-26]
L243.
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 20: Legacy Exceptions - Part 2, Page 222
(a)
Only the following uses are permitted:
(i)
Residential Uses:
(1) Single Detached Dwelling House; and
(2) Semi Detached Dwelling House.
(ii) Non-Residential Uses:
(iii) A home occupation; and
(iv) A public use.
(b) Density: The minimum number of residential units per net hectare on
land to be used only for dwelling units, excluding roads, parks and other
uses is 23 dwelling units per net hectare.
(c)
Lot Area (minimum): Not applicable.
(d) Lot Frontage: The lot frontage means the horizontal distance between the
side lot lines, such distance being measured along a line which is parallel
to the front lot line at a distance of 6.0 metres from the front lot line.
(e)
Corner Lot (Minimum):
(i)
Single Detached Dwelling House: 10.9 metres;
(ii) Semi Detached Dwelling House: 17.0 metres; and
(iii) Semi Detached Dwelling Unit: 9.6 metres.
(f)
Other Lot (Minimum):
(i)
Single Detached Dwelling House: 9.1 metres;
(ii) Semi Detached Dwelling House: 14.8 metres; and
(iii) Semi Detached Dwelling Unit: 7.4 metres.
(g) Front Yard Depth:
(i)
Minimum Depth: 4.5 metres;
(ii) Maximum Depth: 7.0 metres;
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 223
(iii) Where a dwelling includes a covered front porch the front wall of
the main dwelling may be set back a maximum of 9.2 metres front
the front lot line, if the covered porch is constructed between the
setbacks of 4.5 metres and 7.0 metres to the front wall of the main
dwelling.
(iv) Where the front wall of an attached private garage containing the
opening for vehicular access is located not more than 6.2 metres
from the front lot line and where a dwelling includes a covered front
porch, constructed between the setbacks of 4.5 metres and 7.0
metres to the front wall of the main dwelling, the front wall of the
main dwelling may be set back 3.0 metres from the front wall of the
garage.
(h) Exterior Side Yard Width (minimum): 2.4 metres.
(i)
Interior Side Yard Width (minimum):
(i)
Single Detached Dwelling House: The minimum aggregate interior
side yard width is 1.8 metres, with no one side yard less than 0.6
metres in width. Where there is a corner lot on which there is only
one interior side yard, the minimum depth is 0.6 metres.
(ii) Semi Detached Dwelling House: 1.2 metres for a side that is not
attached to another dwelling house.
(j)
Rear Yard Depth (minimum): 6.0 metres.
(k)
Lot Coverage (maximum): Not applicable.
(l)
Height of Building (Maximum): 1-storey with a maximum building height
of 8.5 metres at the highest point of the building measured from the
front elevation.
(m) Garage:
(i)
Main Entry Feature means a platform, with at least one side open,
covered by either a roof, balcony or enclosed space, with or without
a foundation and/or basement that provide access to the dwelling
unit.
(n) Main Front Entrance means the door which is designed as the primary
access point into the dwelling unit
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 224
(o) The wall of an attached private garage that contains the opening for a
vehicular access must be set back a minimum of 6.0 metres from the lot
line that the driveway crosses to access the private attached garage.
(p) The wall of the attached private garage facing the public street must not
be located more than 3.0 metres closer to the front lot line than either
the main entry feature or main front entrance of the dwelling unit, except
that a corner lot may have the garage located further than 3.0 metres
from the main entry features or main front entrance of the dwelling unit,
provided it is not located closer to the front lot line than any other part of
the dwelling unit.
(q) Driveway Width: The maximum width of a driveway for its entire length
must be:
(i)
Single Detached Dwelling House: lesser of 6.0 metres or 50% of lot
width; and
(ii) Semi Detached Dwelling Unit: lesser of 6.0 metres or 50% of lot
width.
(r)
Parking: Parking is permitted in the interior side and rear yard. Front yard
parking is prohibited except where it is in a driveway leading to a
permitted parking area.
[Note: Former R2-51 and Sections 5 and 13 of former zoning by-law 76-26]
L244.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Existing Conditions: No person is permitted to alter or remove any of the
existing natural cover including shrubbery.
(b) Uses Permitted
(i)
Non-Residential Uses:
(1) a park;
(2) a stormwater management facility and associated works;
(3) a public use.
[Note: Former OS-18 and Section 8 of former zoning by-law 76-26]
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 225
L245.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
A 3 family dwelling is permitted.
(b) The following definition applies:
(i)
Bedroom means any room within a residential unit that is suitable to
be used as a sleeping room under the Ontario Building Code, and
which for greater certainty does not include:
(1) Common areas open to all occupants of the unit;
(2) Areas used for sanitary (such as washroom) or cooking
purposes (such as a kitchen); and
(3) Areas occupied by mechanical equipment, such as furnaces,
hot water heaters and laundry equipment.
(c)
The use of a cellar as a portion of a dwelling unit or as a habitation unit is
permitted.
(d) Maximum number of dwelling units: 3.
(e)
Maximum Aggregate Number of Bedrooms: 10.
(f)
Off-Street Vehicle Parking:
(i)
The minimum number of residential parking spaces is 4 parking
spaces.
(ii) The residential parking spaces are permitted to occupy a maximum
of 64.8 square metres of the rear yard.
(iii) A separate ingress and egress lane is not required for the above
number of permitted parking spaces.
(g) Bicycle Parking Spaces: A minimum of 3 bicycle parking spaces must be
provided on site.
(h) Fencing:
(i)
A minimum 1.8 metre high wooden privacy fence must be erected
and maintained along the southern lot line extending from the rear
wall of the dwelling to the rear lot line. The fence must visually block
viewing into abutting properties.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 226
(ii) A minimum 1.5 metre high privacy fence must be maintained and/or
erected along the western lot line. The fence must visually block
viewing into abutting properties.
(iii) A minimum 1.2 metre high privacy fence must be maintained and/or
erected along the northern lot line extending from the rear wall of
the dwelling to the rear lot line. The fence must visually block
viewing into abutting properties
(i)
The following amenity areas must be created and maintained:
(i)
Minimum 2.4 metre wide: in the rear yard along the entire northern
property boundary; and
(ii) Minimum 10 metre wide: in the rear yard along the entire western
property boundary.
[Note: Former A.440 and Sections 5 and 6 of former zoning by-law 8499]
L246.
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 a two family dwelling is 560 square metres.
(b) The permitted two family dwelling may contain a maximum of 210 square
metres of gross floor area. Area contained in the basement is excluded
from the gross floor area calculation.
(c)
The total number of bedrooms must not exceed 6 bedrooms for the
entire property.
(d) The maximum area of the back yard that may be used for uncovered
vehicle parking is limited to 40 square metres.
[Note: Former A.396 and Sections 5.23 and 6of former zoning by-law 8499]
L247.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum Lot Area: 254 square metres per dwelling unit.
(b) Minimum Side Yard Setback from the south property line only is 1.2
metres.
[Note: Former A.406 and Section 6 of former zoning by-law 8499]
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 227
L248.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum Front Yard Setback: 12.6 metres.
(b) Unenclosed porches, decks, balconies, steps, and/or verandas, covered or
uncovered, are not permitted to project into the front yard setback.
[Note: Former A.408 and Sections 5 and 6 of former zoning by-law 8499]
L249.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
That the minimum lot area per unit is 290 square metres; and
(b) That structures and buildings legally constructed prior to the date of
passing of the site specific by-law are deemed to comply.
[Note: Former A.418 and Section 6 of former zoning by-law 8499]
L250.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum Lot Area: 260 square metres.
(b) Minimum Rear Yard: 5.2 metres.
(c)
Maximum Lot Coverage: 38%.
[Note: Former A.458 and Sections 5 and 6 of former zoning by-law 8499]
L251.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Definitions
(i)
"Principal Residential Unit" means the main/core structure intended
for human habitation, on a lot.
(ii) "Second Residential Unit" means a legally existing separate
residential dwelling unit, which is ancillary to a principal residential
unit, and includes a separate, clearly defined, safe access, kitchen,
washroom and living space.
(b) Lot Lines: For the purposes of zone interpretation, the James Street
frontage is deemed to be the Front Lot Line, the northern lot line
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 228
opposite the James Street frontage is deemed to be the Rear Lot Line, the
Rideau Street frontage is deemed to be the Exterior Side Lot Line, and the
western lot line opposite the Rideau Street frontage is deemed to be the
Interior Side Lot Line.
(c)
Additional Permitted Uses:
(i)
A Second Residential Unit.
(d) Minimum Lot Area: 262 square metres.
(e)
Maximum Lot Coverage: 36%.
(f)
Minimum Front Yard: 1.9 metres, with the exception of a below grade
stairwell with a length of 7.0 metres and a width of 1.9 metres, where the
minimum front yard is 0.3 metres.
(g) Minimum Exterior Side Yard: 1.4 metres.
(h) Minimum Rear Yard: 6.0 metres, with the exception of a below-grade
patio with a length of 8.5 metres and a width of 4.1 metres, and a depth
of 1.27 metres, where the minimum rear yard is 2.0 metres.
(i)
Maximum Residential Building Height: 11.6 metres.
(j)
Maximum Aggregate Length of all Dormers: 5.9 metres.
(k)
Projections into Yards:
(i)
A covered porch and stairs are permitted 0.2 metres from the front
lot line; and
(ii) A bay window is permitted to encroach 0.5 metres into the front
yard.
(l)
Off-Street Parking:
(i)
Parking in a stacked/tandem arrangement is permitted for a
maximum of two parking spaces.
(ii) The minimum required parking space length is 5.2 metres.
(iii) One parking space must be provided for both the principal
residential unit and the second residential unit for a total of two
required parking spaces.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 229
(m) Access: The second residential unit must have a separate access from that
of the principal residential unit. Access must be provided at the front of
the building for both the principle residential unit and the second
residential unit, where there is a minimum 1.2 metre wide unobstructed
walkway, that does not impede drainage.
(n) Sight Triangles: Two sight triangles are required, as follows:
(i)
The location of the first sight triangle must be located by drawing a
line between a point on the exterior side lot line that is 6.0 metres
from the intersection of the front lot line and the exterior side lot
line and a point on the front lot line that is 2.0 metres from the
intersection of the front lot line and the exterior side lot line.
(ii) The location of the second sight triangle must be located by
drawing a line between a point on the exterior side lot line that is
2.0 metres from the intersection of the front lot line and the exterior
side lot line and a point on the front lot line that is 6.0 metres from
the intersection of the front lot line and the exterior side lot line.
(iii) All buildings on corner lots must be set back from the street line as
to maintain the required sight triangles. Within any area defined as
a sight triangle, the following uses are prohibited:
(1) A building, structure or use which would obstruct the vision of
drivers or motor vehicles which extends to a height of 4.15
metres;
(2) A fence, tree, hedge, bush, or other vegetation, the top of
which exceeds 1 metre in height above the elevation of the
street line;
(3) A finished grade which exceeds the elevation of the street line
by more than 0.5 metres.
[Note: Former A.553 and Sections 5 and 6 of former zoning by-law 8499]
L252.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum Lot Area: 195 square metres.
(b) Minimum Front Yard: 2.0 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 230
(c)
Minimum Side Yard: The minimum aggregate side yard requirement is 1.8
metres, with no side yard being less than 0.6 metres.
(d) Minimum Rear Yard: 7.0 metres.
(e)
Maximum Lot Coverage: 38%.
(f)
Maximum Building Depth: There is no maximum building depth
requirement.
(g) Projections into Yards: Unenclosed porches, decks, balconies, steps, and
verandas, covered or uncovered, are permitted 0.0 metre from a front lot
line.
[Note: Former A.506 and Sections 5 and 6 of former zoning by-law 8499]
L253.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum Lot Area: 205 square metres per dwelling unit.
(b) Minimum Front Yard: 2.5 metres.
(c)
Minimum Side Yard: The minimum aggregate side yard requirement is 1.8
metres, with no side yard being less than 0.6 metres in width.
(d) Minimum Rear Yard:
(i)
Rear Yard to Dwelling: 5.0 metres; and
(ii) Rear Yard to Garage: 3.0 metres.
(e)
Maximum Percentage of Lot Coverage: 43%.
(f)
Maximum Building Depth: There is no maximum building depth
requirement.
(g) Projections into Yards: Unenclosed porches, decks, balconies, steps, and
verandas, covered or uncovered, are permitted not less than 1.25 metre
from the front lot line, if located more than 0.6 metres above the
established grade.
(h) Maximum Floor Space Index: 1.38.
[Note: Former A.532 and Sections 5 and 6 of former zoning by-law 8499]
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 231
L254.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted uses:
(i)
One and two-family dwellings; and
(ii) Multiple family dwellings.
(b) Maximum Residential Density: 90 dwelling units per hectare.
(c)
Maximum Height: 10.7 metres.
(d) Maximum Lot Coverage: 35%.
(e)
Minimum Number of Parking Spaces: 2.
(f)
Minimum Front Yard: 1.2 metres.
(g) Minimum East Side Yard Setback: 1.2 metres.
(h) Minimum West Side Yard Setback: 6.0 metres.
(i)
Minimum Rear Yard Setback of 6.0 metres, with the exception of a rear,
below-grade stairwell with a length of 3.1 metres and a width of 1.3
metres, where the minimum rear yard is 4.9 metres.
[Note: Former A.539 and Sections 5, 6.3 and 13 of former zoning by-law
8499]
L255.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum Lot Area of 460 square metres for a Two-Family Dwelling.
(b) A minimum of 30% of the lot area must be provided as landscaped open
space. Landscaped open space is defined as the area of a lot used or
intended to be used for the growth and maintenance of grass, flowers,
trees, shrubbery, natural vegetation and indigenous species and other
landscaping and included any buffer strip, surfaced walk, surface patio,
swimming pool or similar area, but must not include any access driveway,
ramp, parking area or loading spaces or any open space beneath, above
or within any building or structure. Gravel is not an acceptable surface
material for landscaped open space.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 232
(c)
Two clearly defined parking spaces must be incorporated in the rear yard
and are permitted to occupy no more than 40 square metres of lot area.
[Note: Former A.558 and Section 6 of former zoning by-law 8499]
L256.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
The use of a cellar as a residential unit for habitation is permitted.
(b) Parking and Driveway:
(i)
The required parking may be provided through a tandem parking
arrangement with one space being provided within the garage and
one space being in the front yard within the driveway.
(ii) The maximum width of the driveway for front yard parking is 2.7
metres.
(c)
A detached accessory building is permitted.
[Note: Former A3.500 and Sections 5 and 10 of former zoning by-law 8499]
L257.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Definitions:
(i)
"Principal Residential Unit" means the main / core structure
intended for human habitation, on a lot.
(ii) "Second Residential Unit" means a legally existing separate dwelling
unit, which is ancillary to a principal residential unit and includes a
separate access, kitchen, washroom, and living space.
(b) Additional Permitted Uses:
(i)
A Second Residential Unit.
(c)
Prohibited Uses:
(i)
Garden Suite;
(ii) Boarding House;
(iii) Lodging House; and
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 233
(iv) Rooming House.
(d) Minimum Side Yard Width:
(i)
a side yard must be provided on either side of the main building;
(ii) the minimum aggregate side yard width is 3.6 metres;
(iii) each side yard must not, at any point in its length, be a lesser width
than 0.9 metres;
(iv) main buildings other than dwellings or accessory building if 4.6
metres or less high, each side 3.0 metres, and for each additional 0.6
metres in height in excess of 4.6 metres (each side) 0.3 metres.
(e)
Second Residential Unit:
(i)
Second Residential Unit Area: A second residential unit must have a
gross floor area not exceeding 40% of the gross floor area of the
principal residential unit or 90 square metres, whichever is lesser.
Calculations for gross floor area refers to the total area of each floor,
including finished attic spaces, whether located above, at, or below
grade, measured from the interior of outside walls and including
floor area occupied by interior walls, but excluding:
(1) floor area occupied by mechanical, service, and electrical
equipment that serve the building;
(2) an open porch or balcony; and
(3) areas internal to the building that are intended for the storage
of vehicles.
(ii) Second Residential Units Per Dwelling House (maximum): 1 only.
(iii) Access: The second residential unit must have separate access from
that of the principal residential unit. Access must be provided at the
front of the building, or at the side or rear of the building where a
minimum 1.1 metre wide unobstructed walkway from the front of
the building to the access is provided.
(iv) Parking and Driveway:
(1) Second Residential Unit: 1 parking space
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 234
(2) The required parking may be provided through a tandem or
stacked parking arrangement on a driveway located in the
front yard, provided that the width of such driveway does not
exceed the width of the garage walls.
(v)
An additional driveway is not permitted for a second residential unit.
[Note: Former A2.468 and Sections 5 and 8 of former zoning by-law 8499]
L258.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Maximum Number of Dwelling Units: 3.
(b) Minimum Front Yard: 7.5 metres.
(c)
Off-Street Parking:
(i)
A minimum 1 parking space per dwelling unit must be provided;
(ii) Parking is only permitted behind the front wall of the main building;
and
(iii) Parking in a stacked/tandem arrangement is permitted for a
maximum of two parking spaces.
(d) Landscaping: A minimum 1.0 metre wide soft landscaping strip must be
provided and maintained adjacent to the entire length of the north wall
of the main building.
(e)
Flood Plain Setback:
(i)
No building or structure is permitted within 6.0 metres of an 'EPA'
zone; and
(ii) Parking is permitted within this setback requirement.
(f)
Play Space: There is no play space requirement.
(g) Vehicle Access: A maximum of one access is permitted to the property
from Portsmouth Avenue.
[Note: Former B.444 and Sections 5 and 13 of former zoning by-law 8499]
L259.
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 20: Legacy Exceptions - Part 2, Page 235
(a)
The following definition applies:
(i)
Bedroom means any room within a residential unit that is suitable to
be used as a sleeping room under the Ontario Building Code, and
which for greater certainty does not include:
(1) Common areas open to all occupants of the unit;
(2) Areas used for sanitary (such as a washroom) or cooking
purposes (such as a kitchen); and
(3) Areas occupied by mechanical equipment, such as furnaces,
hot water heaters, and laundry equipment.
(b) Maximum number of dwelling units: 3.
(c)
Maximum aggregate number of bedrooms: 11.
(d) Maximum number of bedrooms for a dwelling unit: 4.
(e)
Minimum front yard setback: 4.1 metres.
(f)
Minimum side yard setback: 0.3 metres.
(g) Minimum aggregate side yard: 3.0 metres.
(h) Maximum lot coverage: 36%.
(i)
Minimum required amenity area: 152 square metres.
(j)
Minimum required Play Space: 0.0 metres.
[Note: Former B.447 and Section 13 of former zoning by-law 8499]
L260.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Maximum number of dwelling units: 3.
(b) Maximum aggregate number of bedrooms: 13.
(c)
Maximum number of 3-bedrooms dwelling units: 1.
(d) Maximum number of 5-bedrooms dwelling units: 2.
(e)
Minimum front yard setback: 2 metres.
(f)
Minimum exterior side yard setback: 0.3 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 236
(g) Minimum side yard setback: 0 metres.
(h) Maximum percentage of lot coverage: 43%.
(i)
Minimum amenity area: 15 square metres.
(j)
Minimum play space: 0 square metres.
(k)
Maximum Density: 91 dwelling units per net hectare.
[Note: Former B.483 and Sections 5 and 13 of former zoning by-law 8499]
L261.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted Uses are limited to the following:
(i)
Semi-Detached Dwellings;
(ii) Row Dwellings;
(iii) A Second Residential Unit; and
(iv) Home Occupations.
(b) The use of a cellar as a dwelling unit or as a habitation unit is permitted.
(c)
Row Dwellings:
(i)
Minimum Lot Area: 175 square metres.
(ii) Minimum Lot Width: 6.0 metres.
(iii) Minimum Front Yard: 0 metres.
(iv) Minimum Front Yard (Garage): 1.0 metre.
(v)
Minimum Side Yard:
(1) For interior units of a Row Dwelling, the minimum side yard is
0 metres.
(2) For the end unit of a Row Dwelling, the minimum side yard is
1.9 metres.
(vi) Minimum Rear Yard: 7.0 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 237
(vii) Maximum Height: 12.5 metres.
(viii) Maximum Density: 55 dwelling units per net hectare.
(ix) Minimum Floor Area: 70 square metres.
(x)
Minimum Landscaped Open Space: 30% of the total lot area.
(xi) Projections into Yards:
(1) A covered or uncovered, unenclosed porch and steps of any
height may project no closer than 0.7 metres into the required
side yard.
(d) Semi-Detached Dwellings:
(i)
Minimum Lot Area: 175 square metres.
(ii) Minimum Lot Width: 8 metres.
(iii) Minimum Front Yard: 0.0 metres.
(iv) Minimum Front Yard (garage): 0.5 metres.
(v)
Minimum Side Yard:
(1) The minimum side yard for a side that is not attached to
another dwelling is 1.9 metres.
(2) The minimum side yard for a side that is attached to another
dwelling is 0 metres.
(vi) Minimum Rear Yard: 5.8 metres.
(vii) Maximum Height: 12.5 metres.
(viii) Maximum Density: 55 dwelling units per net hectare.
(ix) Minimum Floor Area: 70 square metres.
(x)
Projections into Yards:
(1) A covered or uncovered, unenclosed porch and steps of any
height may project no closer than 0.9 metres into the required
side yard.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 238
(e)
Off-Street Parking: The required minimum parking ratio is 1 parking
space per residential unit.
(f)
Second Residential Units:
(i)
A parking space is not required for a second residential unit.
(ii) One bicycle parking space is required for a second residential unit.
[Note: Former B1.588 and Sections 5 and 14 of former zoning by-law 8499]
L262.
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:
(i)
Transitional House: A residential building containing a maximum of
15 dwelling units or habitation units within a facility where the
individual is participating in assistance or counselling programs in a
training and counselling centre located on the subject property. The
residential building is subject to 24 hour supervision. A transitional
house does not include a community home, recovery home or
boarding house.
(ii) Training and Counselling Centre: A place where an individual can
obtain assistance through the application of mental health,
psychological or human development principles, through cognitive,
affective, behavioural or systematic intervention strategies that
address wellness, personal growth or career development and
includes programs that are designed to bring an individual to an
agreed standard of proficiency in a prescribed skill or trade.
(b) Additional Permitted Uses:
(i)
Office use;
(ii) Transitional house; and
(iii) Training and counselling centre.
(c)
Parking:
(i)
The minimum required aggregate parking for a combined office,
transitional house and training and counselling centre is 13 parking
spaces.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 239
(ii) Front yard parking is permitted for a combined office, transitional
house and training and counselling centre.
(d) Bicycle Parking:
(i)
A minimum of ten bicycle parking spaces be provided for a
combined office, transitional house and training and counselling
centre.
(ii) A bicycle parking structure must be located a minimum of 1.2
metres from a side lot line.
(e)
Loading Facilities: A loading bay is not required for a combined office,
transitional house, and training and counselling centre.
(f)
Play Space: There is no play space requirement for a combined office,
transitional house, and training and counselling centre.
(g) Minimum Floor Area: The minimum floor area for a transitional house
unit is 18.5 square metres.
(h) Minimum Rear Yard: 4.7 metres for an office, transitional house, and
training and counselling centre.
[Note: Former B1.390 and Sections 5 and 14 of former zoning by-law 8499]
L263.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Maximum number of dwelling units: 119.
(b) Front Yard Setback (minimum): 4.5 metres.
(c)
Off-Street Parking: 0.62 parking spaces per residential unit.
(d) Parking spaces must have a minimum width of 2.6 metres.
(e)
A minimum of 7 barrier-free parking spaces must be provided, including
3 Type A and 4 Type B.
(f)
A maximum of 16 parking spaces may be permitted within a front yard.
[Note: Former B1.58 and Sections 5 and 14 of former zoning by-law 8499]
L264.
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 20: Legacy Exceptions - Part 2, Page 240
(a)
The following additional uses are permitted:
(i)
Community Centre or Community Hall, including, but not
necessarily limited to, counseling services, life skills groups, meeting
spaces for clients of Home Base Non Profit Housing Inc. and other
social service agencies, kitchen / cafeteria space, group counseling
rooms, drop-in room, copies / supply room and offices for program
staff and administration; and
(ii) Crisis Care Shelter is limited to a maximum occupancy of 30
persons.
(b) The maximum gross floor area for the additional permitted uses listed is
800 square metres.
(c)
No Crisis Care Facility, Community Centre or Community Hall use is
permitted closer than 20 metres to any other residential zone.
(d) The maximum height of any building is 2 storeys, not to exceed 9.0
metres.
(e)
Off-street parking facilities for residential uses must be provided at a ratio
of 1 parking space for each of the first two units, plus 1 parking space for
each additional 4 units.
(f)
The maximum permitted density is 69 units per net hectare.
(g) A permitted Crisis Care Shelter use may occupy a portion of a Community
Centre or Community Hall building.
[Note: Former B3.346 of former zoning by-law 8499]
L265.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted Use: multiple family dwelling.
(b) Minimum Yards:
(i)
north property line: 4.6 metres;
(ii) from Alfred Street: 1.5 metres;
(iii) south property line: 8.5 metres; and
(iv) from Frontenac Street: 53 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 241
(c)
Maximum Building Height: 10.5 metres.
(d) Maximum Lot Occupancy: 110%.
(e)
Maximum Number of Residential Units: 18.
(f)
Maximum Number of Bedrooms per Unit: 4.
(g) Maximum Number of Bedrooms: 66.
(h) Bedroom: means any room within a residential unit that is suitable to be
used as a sleeping room under the Ontario Building Code, and which for
greater certainty does not include:
(i)
Common areas open to all occupants of the unit;
(ii) Areas used for sanitary (such as a washroom) or cooking purposes
(such as a kitchen); and
(iii) Areas occupied by mechanical equipment, such as furnaces, hot
water heaters and laundry equipment.
A bachelor, bachelorette or studio unit are calculated to contain one
bedroom.
(i)
Minimum Number of On-Site Parking Spaces: 18 parking spaces.
(j)
Minimum Size of a Parking Space: 2.6 metres wide by 6.0 metres long.
(k)
Minimum Amenity Space Area: 775 square metres.
(l)
Projection into Yards:
(i)
A covered or uncovered unenclosed porch, deck, balcony or veranda
may project out from the main building wall providing it is no closer
than 3.7 metres to the north lot line and 7.0 metres to the south lot
line.
(ii) Uncovered steps may project 1.4 metres out from a covered or
uncovered unenclosed porch, deck, or veranda providing it is no
closer than 5.7 metres to the south lot line.
(iii) A step and covered or uncovered unenclosed porch may project out
from the main building wall up to the front lot line.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 242
(iv) There is no minimum setback from the interior side lot line of a
common party wall for a covered or uncovered unenclosed porch,
deck, balcony, step or veranda.
(v)
Cornices, eaves, belt courses, sills, canopies, or other similar
architectural features (not including bay windows or vertical
projections) may extend or project into a required side yard not
more than 0.6 metres and may extend or project into a required
front or rear yard not more than 0.8 metres. Chimneys may also
project into a required front, side, or rear yard not more than 0.3
metres.
[Note: Former B3.395 and Section 16 of former zoning by-law 8499]
L266.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted Use:
(i)
A retail store; neighbourhood store; office for or in connection with
a business or profession; bank or financial institution; restaurant;
library, art gallery or museum; or veterinary clinic are permitted
provided that it is located within the walls of the existing building
on the property on the date of the passing of the site specific by-
law.
(b) There is no outdoor animal kennels or animal runs located on the subject
property.
(c)
That all refuse will be contained inside the main building prior to disposal.
[Note: Former C1.366 and Section 21 of former zoning by-law 8499]
L267.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum setback from the high water mark for any building or structure
(including septic systems) other than a marine facility is 40 metres. Within
30 metres of the lot line, which abuts the waterbody (Leo Lake), only
limited cutting or coppicing is permitted to permit water views and
access, and for reasons of safety. No roads or widespread clearing is
permitted within the 30 metre setback from the waterbody.
(b) Despite (a), pedestrian access to a marine facility is permitted.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 243
[Note: Former A2-37 and Sections 5 and 24 of former zoning by-law 32-74]
L268.
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 public use.
(b) Lot Area (minimum): 450 square metres.
(c)
Required Yards (minimum): 1.5 metres.
(d) There is no minimum lot frontage requirement.
(e)
There is no maximum lot coverage requirement.
(f)
There is no minimum landscaped open space requirement.
[Note: Former OS-21 of former zoning by-law 32-74]
L269.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
The use of a cellar as a portion of a dwelling unit or as a habitation unit is
permitted.
(b) Maximum Number of Dwelling Units: 3.
(c)
Maximum Aggregate Number of Bedrooms: 13.
(d) Minimum required Amenity Area: 200 square metres.
[Note: Former C4.515 and Section 5 of former zoning by-law 8499]
L270.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
All residential uses are prohibited.
[Note: Former A2-40 and Sections 5 and 24 of former zoning by-law 32-74]
L271.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum number of off-street parking spaces is 83.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 244
(b) The Victoria School building existing on the date of passing of the site
specific by-law is deemed to be in conformity with the minimum front,
side and rear yard requirements of the by-law.
(c)
The minimum setback requirements for any proposed additions to the
existing building are as follows:
(i)
From Union Street: 20.0 metres;
(ii) From Alfred Street: 2.7 metres;
(iii) From Frontenac Street: 2.2 metres; and
(iv) Rear Yard: 0.9 metres.
(d) Minimum number of off-street loading spaces is 1.
[Note: Former E.276 and Section 17 of former zoning by-law 8499]
L272.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Additional Permitted Uses
(i)
Bank or Financial Institution;
(ii) Restaurant;
(iii) Clinic; and
(iv) Retail store.
(b) Permitted Uses within the Building as Existing on the date of passing of
the site specific by-law:
(i)
Warehouses;
(ii) Wholesale businesses; and
(iii) Technical Training Facility.
(c)
Retail and commercial uses such as banks or financial institutions,
restaurant, clinics, and retail stores are limited to 25% of the total gross
floor area.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 245
(d) Accessory retail uses associated with the sale of products assembled
and/or manufactured on the site are limited to a maximum of 25% of the
gross floor area for any single tenant or business.
(e)
Minimum Lot Area: 8,000 square metres.
(f)
Maximum Height: 25 metres.
(g) Minimum Landscape Open Space: 20%.
[Note: Former M9.403 of former zoning by-law 8499]
L273.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Additional permitted uses include a bed and breakfast in accordance with
the provisions of this Exception.
(b) "Bed and breakfast" is defined as a dwelling occupied by the owner and
in which a maximum of 4 rooms are provided with or without meals, for
hire or pay, for the travelling or vacationing public.
(c)
5 parking spaces must be provided.
(d) A sign identifying the "bed and breakfast" is permitted on the property;
the sign must be less than 5 square metres in area.
[Note: Former R1-49 of former zoning by-law 32-74]
L274.
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 tree preservation area. No buildings,
structures or accessory uses are permitted.
[Note: Former OS-14 and Section 22 of former zoning by-law 32-74]
L275.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Definitions:
(i)
Height: means the vertical distance measured from the average
grade surrounding the building footprint to the highest point of the
roof surface in the case of flat roofs or to a point halfway up the
roof in the case of pitched roofs.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 246
(ii) Bedroom: means any room within a residential unit that is suitable
to be used as a sleeping room under the Ontario Building Code, and
which for greater certainty does not include:
(1) Common areas open to all occupants of the unit;
(2) Areas used for sanitary (such as a washroom) or cooking
purposes (such as a kitchen); and
(3) Areas occupied by mechanical equipment, such as furnaces,
hot water heaters and laundry equipment.
(b) Additional Permitted Uses:
(i)
Multiple Family Dwelling.
(c)
For the purposes of zoning interpretation, the lands subject to this
Exception are considered one lot.
(d) Minimum Front Yard: 3.0 metres.
(e)
Minimum Side Yard (East): 1.7 metres.
(f)
Minimum Side Yard (West): 5.0 metres.
(g) Minimum Rear Yard: 10.5 metres.
(h) Maximum height: 9.8 metres.
(i)
An additional 3.0 metres in height is permitted for window washing
equipment, lighting fixture, ornamental elements, lightning rods,
parapets, trellises, eaves, window sills, guardrails, railings, stairs, stair
enclosures, vents, ventilating equipment, landscaped and green roof
elements, solar panels, partitions dividing outdoor space, wind mitigation,
chimney stack, exhaust flues and garbage chute overruns.
(j)
Maximum number of Dwelling Units: 8 units.
(k)
Maximum number of bedrooms: 32.
(l)
Minimum required play space: 0 square metres.
(m) Minimum required amenity space: 170 square metres.
(n) All rooftop amenity space must be setback a minimum of 1.0 metres from
the edge of an exterior building wall.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 247
(o) Off-Street Parking:
(i)
The minimum number of parking spaces is 4.
(ii) Minimum parking space dimension is 6.0 metres in length and 2.6
metres wide.
(p) Barrier Free Parking:
(i)
The minimum number of barrier free parking spaces is 1.
(ii) Minimum barrier free parking space dimension is 6.0 metres in
length and 3.4 metres wide.
(iii) A 1.5 metres wide access aisle must be provided directly adjacent to
a barrier free parking space.
(q) Bicycle Parking:
(i)
Minimum bicycle parking space dimension is 1.8 metres in length by
0.3 metres wide and a minimum overhead clearance of 2.1 metres.
(r)
Accessory Buildings:
(i)
Minimum setback for accessory buildings: 0 metres from any side or
rear lot line.
(s)
Projections into Yards:
(i)
A covered or uncovered, unenclosed porch, deck, balcony, steps, or
veranda of any height may project into the required front yard, but
is not permitted closer than 1.0 metre to the front lot line.
(ii) A covered or uncovered, unenclosed porch, deck, balcony, steps, or
veranda of any height may project into the required western side
yard, but is not permitted closer than 2.5 metres to the side lot line.
(iii) A covered or uncovered, unenclosed porch, deck, balcony, steps, or
veranda of any height may have a maximum area of 50% of the yard
in which it is located.
(t)
Access:
(i)
A separate ingress and egress lane is not required.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 248
(ii) The use of a cellar as a portion of a dwelling unit or as a habitation
unit is permitted.
[Note: Former E.523 and Sections 5 and 17 of former zoning by-law 8499]
L276.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum Lot Area: 281 square metres per dwelling unit.
(b) Minimum Front Yard Setback: 0.9 metres.
(c)
Maximum Yard Projections for Deck:
(i)
The existing deck may project to a setback of: 0 metres.
(d) Minimum Accessory Structure setback:
(i)
Side Yard: 0 metres; and
(ii) Rear Yard: 0 metres.
[Note: Former E.551 and Sections 5 and 6 of former zoning by-law 8499]
L277.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted Uses are limited to:
(b) Residential uses are prohibited.
(c)
Non-residential uses are limited to:
(i)
Industrial or Business Uses;
(ii) corporate administrative offices;
(iii) business and professional offices;
(iv) commercial school;
(v)
education centre;
(vi) education facility;
(vii) day care centre;
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 249
(viii) data processing and related services (including call centres);
(ix) film or recording studio;
(x)
laboratory;
(xi) research and development facilities;
(xii) Technologically advanced manufacturing, fabricating and
assembling operations for the production high value products (non-
noxious);
(xiii) Office and business services, such as printing and equipment repair;
(d) Commercial uses are limited to:
(i)
bank or financial institutions;
(ii) clinic;
(iii) retail stores;
(iv) restaurants; and
(v)
personal service shop.
(e)
Commercial uses are limited to a maximum of 25% of the built gross floor
area.
(f)
Maximum number of freestanding restaurants is 2.
(g) Accessory uses:
(i)
Accessory uses are permitted in accordance with the General
Provisions unless otherwise specified;
(ii) A maximum of 25% of the total floor area for any single tenant or
business may be used for the purposes of the display and retail sale
of products manufactured, processed, fabricated or assembled on
the premises.
(h) Open storage is prohibited.
(i)
Minimum Front Yard Depth: 3 metres.
(j)
Minimum Side Yard Depth: 3 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 250
(k)
Landscaped Open Space: 3 metres along an arterial road.
(l)
A loading zone must be provided for each building.
(m) Parking:
(i)
No parking space is permitted closer than 10 metres from a
residential zone.
(ii) The required minimum parking ratio is 3.0 parking spaces per 100
square metres of gross floor area.
(n) The design standards of a regular parking stall is 2.6 metres wide by 5.2
metres long.
(o) The design standards of a barrier free parking stall is 3.7 metres wide by
5.2 metres long.
[Note: Former M9.469 of former zoning by-law 8499]
L278.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Prohibited uses:
(i)
Residential; and
(ii) Open Storage.
(b) Permitted Industrial or Business Uses are limited to:
(i)
administrative, corporate, business and professional office /
operations;
(ii) commercial school;
(iii) education centre;
(iv) education facility;
(v)
hotel use;
(vi) data processing facilities, including call centres;
(vii) film or recording studio;
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 251
(viii) laboratory, research and development facilities;
(ix) printing establishment; and
(x)
Technologically advanced manufacturing, fabricating and
assembling operations for the production high value products (non-
noxious).
(c)
Complementary / commercial uses are limited to:
(i)
bank or financial institutions (including a maximum of one drive
through);
(ii) clinic;
(iii) retail stores;
(iv) restaurants (including a maximum of one drive through);
(v)
personal service shop;
(vi) office and business services, such as printing and equipment repair;
(vii) day care centre; and
(viii) public use.
(d) Complementary / commercial uses are limited to a maximum of 25% of
the built gross floor area.
(e)
Accessory uses:
(i)
Accessory uses are permitted in accordance with the General
Provisions unless otherwise specified;
(ii) A maximum of 25% of the total floor area for any single tenant or
business may be used for the purposes of the display and retail sale
of products manufactured, processed, fabricated or assembled on
the premises.
(f)
Open storage is prohibited.
(g) Minimum Front Yard Depth: 3 metres.
(h) Minimum Side Yard Depth: 3 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 252
(i)
Minimum Rear Yard Depth: 3 metres.
(j)
The minimum setback of 30 metres applies from Environmental
Protection Area 'EPA' zone for all development (including buildings,
parking areas and internal roads, but excluding stormwater management
facilities).
(k)
A landscaped area with a minimum depth of 3 metres must be provided
along arterial roads.
(l)
A loading facility must be provided for each building as per Section 5.4(c)
of former zoning by-law 8499.
(m) Parking:
(i)
The required minimum parking ratio is 3.0 parking spaces per 100
square metres of gross floor area.
(ii) The design standards of a regular parking stall are 2.6 metres wide
by 5.2 metres long.
(iii) The design standards of a barrier free parking stall are 3.7 metres
wide by 5.2 metres long.
[Note: Former M9.476 of former zoning by-law 8499]
L279.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted uses are limited to:
(i)
Business park uses:
(1) offices for or in connection with businesses or professions;
(2) corporate administrative operations of an office nature;
(3) data processing and related service, including call centre;
(4) film or recording studio;
(5) laboratory or research and development facility;
(6) printing establishment;
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 253
(7) technologically advanced manufacturing, fabricating and
assembling operations for the production high value products
(non-noxious);
(8) commercial school;
(9) education centre; and
(10) public use.
(ii) Complementary / commercial uses:
(1) bank or financial institution;
(2) clinic;
(3) retail store;
(4) pharmacy;
(5) restaurant;
(6) personal service shop; and
(7) day care.
(b) Complementary / commercial uses are limited to a maximum of 25% of
the total gross floor area of all buildings on the lot.
(c)
Accessory uses:
(i)
Accessory uses are permitted in accordance with the General
Provisions; and
(ii) A maximum of 25% of the total floor area for any single tenant or
business may be used for the purposes of the display and retail sale
of products manufactured, processed, fabricated or assembled on
the premises.
(d) Open storage is prohibited.
[Note: Former M9.496 and Section 31B.1 of former zoning by-law 8499]
L280.
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 20: Legacy Exceptions - Part 2, Page 254
(a)
The detached single family dwelling house existing on the date of passing
of the site specific by-law may be converted into an accessory structure.
(b) The following uses are the only permitted uses:
(i)
Residential Uses:
(1) a detached single family dwelling house.
(ii) Non-Residential Uses
(1) a home occupation; and
(2) a public use.
(c)
Prohibited Uses:
(i)
marine facilities (including but not limited to boathouses and/or
docks).
(d) Lot Area (minimum): 1.0 hectare.
(e)
Lot Frontage (minimum): 30 metres.
(f)
Front Yard Depth (minimum): 15 metres.
(g) Interior Side Yard Width (minimum): 6 metres.
(h) Rear Yard Depth (minimum): 15 metres.
(i)
Dwelling Unit Area (minimum): 140 square metres.
(j)
Landscaped Open Space (minimum) : 50%.
(k)
Lot Coverage (maximum): 15%.
(l)
Height of Building (maximum): 9 metres.
(m) Dwelling Houses Per Lot (maximum): 1 only.
(n) Water Setbacks from Colonel By Lake/River Styx:
(i)
All development/structures must be setback a minimum of 40
metres from the high water level of Colonel By Lake/River Styx, or
30 metres from the maximum recorded water level, defined as 88.92
metres G.S.C., whichever is greater, and 30 metres, as shown on
Figure L280.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 255
(ii) The first 30 metres inland from the high water level of Colonel By
Lake/River Styx or the maximum recorded water level of Colonel By
Lake/River Styx, defined as 88.92 metres G.S.C., whichever is greater,
as shown on Figure L280, must be maintained as a 'no cut' buffer
area within which there is no disturbance of the soil mantle or
vegetation cover.
[Note: Former ER-15 of former zoning by-law 32-74]
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 256
Figure L280
L281.
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 conservation use. No buildings, structures or
accessory uses are permitted.
[Note: Former FP-5 and Section 22A of former zoning by-law 32-74]
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 257
L282.
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, office uses are permitted.
[Note: Former M.363 and Section 31A of former zoning by-law 8499]
L283.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
The lands subject to this Exception are permitted to be developed as a
vacant land condominium with up to 25 Condominium Units.
(b) Dwellings per Condominium Unit (maximum): 1 only.
(c)
Bedrooms per Condominium Unit (maximum): 3.
(d) Minimum Setback of any building from a Condominium Unit Boundary
that abuts an access lane: 5 metres.
(e)
Minimum Setback of any building from a Condominium Unit Boundary:
1.5 metres.
(f)
Lot coverage (maximum): the lesser of 25% or 200 square metres.
(g) Building Height (maximum): 8 metres.
(h) Accessory Uses are to be in accordance with this By-law.
(i)
No building is permitted in an area below the 88.92 metres elevation
Geodetic Survey of Canada.
(j)
No building opening is permitted below 89.22 metres elevation Geodetic
Survey of Canada.
(k)
Private Open Space is a permitted use. This space may also be used for
private individual water and sanitary septic systems. Each system is to be
for the exclusive use of a single condominium unit.
[Note: Former RR-10 and Sections 8(1) and 8(2) of former zoning by-law 32-
74]
L284.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Residential use is permitted on the ground floor;
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 258
(b) Minimum Building Height: 2 storeys, not to be less than 6.7 metres.
(c)
Maximum permitted density is 225 residential units per net hectare.
(d) The maximum number of permitted residential units is 4.
(e)
The maximum number of bedrooms per unit is 2.
(f)
Cash-in-lieu of parking has been provided for two residential units in
accordance with By-Law No. 88-270 or its predecessor.
(g) Amenity Area: there is no amenity area requirement.
(h) Bicycle Parking: there is no minimum required number of bicycle parking
spaces.
[Note: Former C1-29 of former zoning by-law 96-259]
L285.
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 the following:
(i)
Apartment Dwelling; and
(ii) Single-Detached Dwelling.
(b) Off Street Parking: The calculation and provision of minimum parking,
amenity space and minimum lot coverage requirements are based on the
overall 0.24 ha area of land subject to Exceptions L286, L177, L285 and
L393 of this By-law.
(c)
Amenity Space: The calculation and provision of amenity requirements
are based on the overall 0.24 ha area of land comprising the land subject
to Exceptions L286, L177, L285 and L393 of this By-law.
(d) Minimum Lot Coverage: The calculation and provision of minimum lot
coverage requirements are based on the overall 0.24 ha area of l land
subject to Exceptions L286, L177, L285 and L393 of this By-law.
(e)
Maximum Number of Residential Dwelling Units: 15.
(f)
Yard Setbacks:
(1) Minimum Front Yard (Colborne Street): 0 metres; and
(2) Minimum Front Yard (Clergy Street): 0 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 259
(g) Minimum Building Height: 6 metres.
[Note: Former C1-33 of former zoning by-law 96-259]
L286.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
The only permitted commercial uses are the following:
(i)
Auditorium or Public Hall, Art Gallery, Bakery, Bake Shop, Bank or
Financial Establishment, Bed or Breakfast Establishment, Church or
Religious Institution, Commercial Entertainment Establishment,
Commercial Establishment, Commercial Recreational Facility,
Commercial School, Computer Programming Establishment,
Community or Recreation Centre, Convenience Store, Data
Processing Establishment, Day Care Centre, Drugstore/Pharmacy,
Dry Cleaning Outlet, Florist, Food Store, Funeral Home, Government
Office, Hardware Store, Home Improvement Centre, Hotel, Laundry,
Coin Operated, Liquor or Beer Store, Medical Clinic, Medical Office,
Mixed Commercial/Residential Development, with residential uses
permitted on the ground floor, Motel, Nursing Home, Office, Office
Supply and Equipment Sales, Rental and Service, Parking Lot,
Parking Structure, Personal Service Establishment, Pet-Grooming
Establishment, Photo or Artist Studio, Photocopying or Blueprinting
Shop, Photofinishing Establishment, Postal or Courier Service,
Private Social and Cultural Facility, Public Use, Radio or Television
Studio, Rental Outlet, Repair Service, Restaurant, Restaurant,
Outdoor Patio, Restaurant, Take-Out, Service Establishment,
Specialty Retail Store, Telecommunications Services, Video Rental,
Permitted Non-Commercial Uses,
(b) The only permitted non-commercial uses are the following:
(i)
Apartment Dwelling, Home Occupation, Community Home,
Community Support House, Crisis Care Shelter, Recovery Home,
Residential Care Facility.
(c)
Off Street Parking: The calculation and provision of minimum parking,
amenity space and minimum lot coverage requirements are based on the
overall 0.24 ha area of land subject to Exceptions L286, L177, L285 and
L393 of this By-law.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 260
(d) Amenity Space: The calculation and provision of amenity requirements
are based on the overall 0.24 ha area of land subject to Exceptions L286,
L177, L285 and L393 of this By-law.
(e)
Minimum Lot Coverage: The calculation and provision of minimum lot
coverage requirements are based on the overall 0.24 ha area of land
subject to Exceptions L286, L177, L285 and L393 of this By-law.
(f)
The maximum number of residential dwelling units is 16.
(g) Minimum Front Yard: 0 metres.
(h) Loading: The number of loading spaces required in support of "Other
Commercial" uses, provided in the amount of 0-550 square metres is 0.
(i)
Setback for Commercial Uses: Non-residential uses are not permitted
within 30 metres of Colborne Street.
[Note: Former C1-31 of former zoning by-law 96-259]
L287.
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) Non-Residential Uses Permitted within 90 Metres of Gardiners Road:
(i)
One bank or financial institution, Clinic, Personal Service Shop
(Restricted to Eastern Portion of Property beyond 90 metres setback
from Gardiners Road), Assembly Plant, Bakery (manufacturing scale),
Manufacturing Plant, Packaging Plant, Processing Plant, Warehouse,
Wholesale Establishment
(c)
Non-Residential Uses Permitted on Entire Site:
(i)
Business Office, Professional Office, Restaurant and Patio,
Restaurant, Freestanding, Restaurant, Take-Out, Commercial School,
Dry cleaning and Related Services, Data Processing and related
services, Film or Recording Studio, Laboratory, Printing
Establishment, Club, Private, Club, Commercial, Public Use, Research
and Development Facility, Technical Training Facility, Veterinary
Clinic.
(d) Retail Type Uses:
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 261
(i)
Uses such as restaurants, banks, clinics and personal service shops
are limited to a combined maximum gross floor area of 2,322
square metres;
(ii) Maximum number of freestanding restaurants is 2.
(e)
Accessory Uses:
(i)
Accessory uses are permitted in accordance with the General
Provisions unless otherwise specified;
(ii) Accessory retail uses associated with the sale of products assembled
and manufactured on the site and any permitted non- residential
use are restricted to a maximum 25% of the built gross floor area for
any single tenant or business.
(f)
Open Storage: Open storage use must be located beyond the 90 metre
setback from Gardiners Road and located in accordance with the
following provisions:
(i)
Every open storage use must be accessory to the main use of the
lot.
(ii) Every open storage use must comply with the yard setback
provisions established herein;
(iii) Despite (2) above, no open storage may be located in a front yard
or exterior side yard;
(iv) Every open storage use must be enclosed by a wall or fence which is
not less than 1.8 metres in height, which is constructed of uniform
materials, which is maintained in good condition and which is not
located within any required yard. Where such open storage use is to
be situated in a location such that it will be visible from a public
street, the portion of such open storage use which would otherwise
be visible from the public street must be appropriately screened
from view by a buffering device of suitable composition and height.
(g) Lot Area (minimum) 550 square metres.
(h) Frontage (minimum) 25.0 metres.
(i)
Front Yard Depth (minimum) 3.0 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 262
(j)
Exterior Side Yard Width (minimum) 3.0 metres.
(k)
Interior Side Yard Width (minimum) 0.0 metres.
(l)
Rear Yard Depth (minimum) 3.0 metres.
(m) Lot Coverage (maximum) 30%.
(n) Landscape Open Space (minimum):
(i)
20% within 90 metres of Gardiners Road; and
(ii) 10% beyond 90 metres of Gardiners Road.
(o) Building Height (maximum) 21 metres.
(p) The parking ratio is 3.4 spaces per 100 square metres of gross floor area;
(q) Parking is permitted in all yards.
(r)
All loading spaces must be appropriately screened with uniform building
materials and maintained.
(s)
All lands subject to this Exception are considered a single parcel for the
purpose of interpretation.
[Note: Former BP-3 and Sections 5 and 30A of former zoning by-law 76-26]
L288.
L288 Removed see By-Law Number 2024-383
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted Non-Residential Uses:
(i)
Uses permitted in former Section 22(1)(b) of former zoning by-law
76-26;
(ii) A mixed commercial/residential development; and
(iii) A place of worship.
(b) Residential uses:
(i)
Uses permitted in the UR3.B Zone in accordance with the provisions
of the UR3.B Zone.
(c)
Prohibited uses:
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 263
(i)
an auditorium
(ii) a department store
(iii) a gasoline retail facility
(iv) a retail nursery
(v)
a taxi stand or bus station
(d) Lot Area (minimum): 0.
(e)
Lot Frontage (minimum): 0.
(f)
Lot Coverage (maximum): 30%.
(g) Height of Building (maximum):
(i)
Mixed commercial/residential building 6 storeys or 20 metres,
whichever is less;
(ii) Apartment dwelling house 6 storeys or 20 metres, whichever is less;
(iii) Commercial building 11 metres or one storey; and
(iv) Other uses 10.7 metres
(h) Gross Leasable Floor Area (maximum): 2,000 square metres for all non-
residential uses.
(i)
Retail Gross Floor Area (maximum): 300 square metres for any individual
use.
(j)
Planting Strip Adjoining Residential Zoned Lands: 3.0 metres.
[Note: Former C5-12 and Sections 5 and 22 of former zoning by-law 76-26]
L289.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
"Landscaped Open Space" is defined to also include landscaped areas
that are raised above grade.
(b) "Tower" is defined as the apartment dwelling building or structure
containing the residential dwelling units.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 264
(c)
"Height" is defined as the vertical distance between the finished grade
and the highest point of the building or structure proper, inclusive of any
accessory or auxiliary roof construction such as antenna, a chimney, a
ventilation duct, an elevator or service penthouse, or a steeple.
(d) Floodplain: No building is permitted within 6 metres of the regulatory
floodplain elevation of 89.3 metres Geodetic Surveys of Canada (G.S.C.).
(e)
Maximum Number of Residential Dwelling Units: 167.
(f)
Minimum Front Yard, Parking Structure: 2.2 metres.
(g) Minimum Interior Side Yard:
(i)
Tower
(1) North: 17.5 metres; and
(2) South: 22 metres
(ii) Parking Structure:
(1) North: 3.2 metres; and
(2) South: 1.3 metres.
(h) Minimum Rear Yard:
(i)
Tower: 22 metres; and
(ii) Parking Structure: 13 metres.
(i)
Maximum Building Height, Tower: 48 metres or 136 metres Above Mean
Sea Level (A.M.S.L.), whichever is lesser.
(j)
Maximum Building Height, Parking Structure: 8 metres or 97 metres
Above Mean Sea Level (A.M.S.L.), whichever is lesser.
(k)
Maximum Lot Coverage: 64%.
(l)
Setback From Centreline of Road for Parking Structure: The parking
structure must be setback a minimum front yard depth of 2.2 metres plus
16.75 metres to the centreline of the road.
(m) Off-Street Parking Regulations:
(i)
The minimum number of off-street parking spaces is 204.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 265
(ii) No more than 10 visitor parking spaces may be located in the front
yard.
(iii) The minimum parking stall length for parking spaces located within
the parking structure is 5.2 metres.
(iv) The minimum parking aisle width is 6.1 metres.
(v)
The minimum number of bicycle parking spaces is 1 space per
dwelling unit. Bicycle parking spaces may be accommodated within
the main building or parking structure. A minimum of 5% of the
required bicycle parking must be outside of the structure and
designated for visitor use.
(n) Privacy Yards:
(i)
For the south-east and south-west exterior walls the minimum
privacy yards in front of a habitable window is 3 metres for parking
spaces and 7 metres for a driveway;
(ii) Within the privacy yards extending from the south-east and south-
west exterior walls, an area unobstructed by a public or joint
pedestrian access surface must be provided extending a minimum
of 1 metre from any ground floor habitable window; and
(iii) The minimum setback for the children's play area from a ground
floor habitable window is 4 metres.
[Note: Former R5-10 and Sections 4, 5 and 15A of former zoning by-law 76-
26]
L290.
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:
(i)
"Self-service Storage Facility" means a facility designed and used for
the purpose of renting or leasing individual secured storage units,
which are generally accessible by means of individual loading doors,
to tenants who are to have access to such units for the purpose of
storing and removing property. Property may include personal
property such as: general merchandise, furniture, household items,
licensed vehicles, equipment, tractors and recreational vehicles;
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 266
hazardous materials such as: explosives, radioactive materials,
flammable or hazardous chemicals or goods which produce noxious
odours are prohibited.
(ii) "Recreational Vehicle" means any vehicle, or portable structure
designed to be towed or carried by a vehicle, which is used for
temporary recreational travel and/or accommodation and must
include motor homes, camper trailers, converted buses, boats and
boat trailers or similar equipment.
(b) The only permitted residential uses are:
(i)
an accessory dwelling unit.
(c)
The only permitted non-residential uses are:
(i)
an automobile body shop limited to a maximum floor area of 561.7
square metres;
(ii) a self-service storage facility;
(iii) an open storage area;
(iv) a warehouse.
(d) Prohibited uses:
(i)
a salvage yard; and
(ii) hazardous material storage such as that of explosives, radioactive
materials, flammable or hazardous chemicals or goods which
produce noxious odours.
(e)
Open Storage Area: No open storage of goods or materials is permitted,
except in accordance with the following provisions:
(i)
Every open storage area must be accessory to the main use of the
Self-service Storage Facility use and may include licensed vehicles,
equipment, tractors, commercial vehicles and recreational vehicles.
(ii) Every open storage area must comply with the yard setback
provisions as if such open storage area were a building or structure.
(iii) An open storage area is limited to an area approved through the
Site Plan Control process.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 267
(iv) Despite (ii) above, no open storage area is permitted in a front yard,
or an interior side or rear yard which abuts a Residential Zone or a
Development Reserve Zone.
(v)
Every open storage area must be visually screened and enclosed
within a solid fence which is not less than 2.4 metres in height,
constructed of durable materials and maintained in good condition.
[Note: Former M1-14 and Sections 4 and 24 of former zoning by-law 76-26]
L291.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted Uses:
(i)
Single Detached Dwelling House;
(ii) Semi Detached Dwelling House; and
(iii) Three or Four Unit Row Dwelling House.
(b) Lot Area (Minimum):
(i)
Single Detached Dwelling House: 292 square metres;
(ii) Semi-Detached Dwelling House: 464 square metres;
(iii) Semi-Detached Dwelling Unit: 232 square metres; and
(iv) Row Dwelling Unit: 170 square metres.
(c)
Lot Frontage (Minimum):
(i)
Single Detached Dwelling House: 9.75 metres;
(ii) Semi-Detached Dwelling House: 15 metres;
(iii) Semi-Detached Dwelling Unit: 7.5 metres; and
(iv) Row Dwelling Unit: 6.1 metres.
(d) Corner Lot Frontage (Minimum)
(i)
Single Detached Dwelling House: 12.75 metres;
(ii) Semi-Detached Dwelling House 18.5 metres;
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 268
(iii) Semi-Detached Dwelling Unit: 10.5 metres; and
(iv) Row Dwelling Unit: 9.2 metres.
(e)
Front Yard Setback (Minimum)
(i)
To House: 4.5 metres; and
(ii) To Garage 6.0 metres.
(f)
Interior Side Yard Setback (Minimum):
(i)
Single Detached Dwelling House: 1.2 metres;
(ii) Semi Detached Dwelling House: 1.2 metres;
(iii) Row Dwelling House: 1.2 metres; and
(iv) For all lots, dwellings constructed without an attached garage must
have a minimum interior side yard width of 3.0 metres on one side
and 1.2 metres on the other.
(g) Exterior Side Yard Setback (Minimum): 3.0 metres on local roads and 6.0
metres on all other road classifications.
(h) Rear Yard Setback (Minimum):
(i)
Single Detached Dwelling House: 6.0 metres;
(ii) Semi-Detached Dwelling House: 6.0 metres;
(iii) Row Dwelling House: 6.0 metres; and
(iv) Lots backing onto Cataraqui Wood Drive: 8.5 metres.
(i)
Lot Coverage (Maximum):
(i)
Single Detached Dwelling House: 50%;
(ii) Semi-Detached Dwelling House: 50%;
(iii) Semi-Detached Dwelling Unit: 50%; and
(iv) Row Dwelling House: 50%.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 269
(j)
Interior Garage Width: For lots less than 12 metres wide, the minimum
interior one-car garage dimensions are 3.0 metres wide by 6.0 metres
deep. A maximum width of 5.0 metres may be applied to permit a one-
car garage with storage.
(k)
Driveway Width (Maximum):
(i)
Single Detached Dwelling House 6.0 metres or 50% of the lot
frontage, whichever is the lesser;
(ii) Semi Detached Dwelling Unit 6.0 metres or 50% of the lot frontage,
whichever is the lesser, but not less than 4.0 metres;
(iii) Row Dwelling Unit 4 metres; and
(iv) Front Yard Parking is prohibited except on a driveway leading to a
garage or parking area in the interior side yard or rear yard. The
maximum parking surface provided is 4.0 metres wide by 6.0 metres
deep.
(l)
Landscaped Open Space: 30%.
(m) Maximum Height: 10.5 metres.
(n) Sight Triangles:
(i)
Within any area defined as a sight triangle, the following uses are
prohibited:
(1) a building, structure or use which would obstruct the vision of
drivers of motor vehicles;
(2) a fence or tree, hedge, bush or other vegetation, the top of
which exceeds 1.0 metre in height above the elevation of the
centreline of the adjacent street;
(3) an uncovered surface parking area;
(4) a finished grade which exceeds the elevation of the centreline
of the adjacent street by more than 1.0 metre.
(ii) Two sight triangles are required on a corner lot.
(1) The location of the first sight triangle must be located by
drawing a line between a point on the exterior side lot line that
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 270
is 4.5 metres from the intersection of the front lot line and the
exterior side lot line and a point on the front lot line that is 8.5
metres from the intersection of the front lot line and the
exterior side lot line.
(2) The location of the second sight triangle must be located by
drawing a line between a point on the exterior side lot line that
is 8.5 metres from the intersection of the front lot line and the
exterior side lot line and a point on the front lot line that is 4.5
metres from the intersection of the front lot line and the
exterior side lot line.
(3) 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.
(4) 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.
[Note: Former R3-29 and Section 14 of former zoning by-law 76-26]
L292.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Additional Permitted Uses
(b) A Second Residential Unit in accordance with former Section 5(30) of
former zoning by-law 76-26.
[Note: Former R1-73 and Sections 1 and 5 of former zoning by-law 76-26]
L293.
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) Permitted Business Park Uses:
(i)
Business Office;
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 271
(ii) Administrative, professional and technical services, such as printing
and equipment repair, which are intended to support the business
park area;
(iii) Professional office;
(iv) Data processing and related services operation;
(v)
Film or recording studio;
(vi) Laboratory, research, or development facility;
(vii) Printing establishment;
(viii) Commercial School;
(ix) Dry cleaning and related services;
(x)
Technologically advanced manufacturing;
(xi) Veterinary clinic; and
(xii) Technical training facility
(c)
Permitted Commercial Uses:
(i)
Club, private;
(ii) Club, commercial;
(iii) Clinic;
(iv) Restaurant and patio;
(v)
Restaurant, freestanding;
(vi) Restaurant, take-out;
(vii) Personal service shop; and
(viii) Bank or financial institution.
(d) Permitted uses within the existing building at 1150 Gardiners Road also
include warehouse and distribution centre.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 272
(e)
Permitted commercial uses are limited to a maximum of 25% of the built
gross floor area on the property.
(f)
Accessory Uses:
(i)
Accessory uses are permitted in accordance with the General
Provisions unless otherwise specified;
(ii) Accessory retail uses associated with the sale of products assembled
and manufactured on the site and any permitted non-residential
uses are restricted to a maximum 25% of the built gross floor area
of any single tenant or business.
(g) Minimum Front Yard Depth: 7 metres.
(h) Minimum Side Yard Depth: 3 metres.
(i)
Maximum Lot coverage: 60%.
(j)
Landscaped Open Space:
(i)
10% landscaped area at 1150 Gardiners Road;
(ii) 20% landscaped area at 1110 Gardiners Road; and
(iii) 7 metres landscaped planting strip must be provided along an
arterial road. A 2 metre landscaping strip abutting an interior lot line
is not required. No landscape buffer is required for the existing
building at 1150 Gardiners Road.
(k)
Parking:
(i)
Required parking ratio: 3.4 spaces per 100 square metres of gross
floor area;
(ii) Parking is prohibited within 5 metres from any street line;
(iii) Parking stall design standard: 2.6 metres wide and 5.2 metres long;
and
(iv) Barrier free parking stall design standards: 3.7 metres wide and 5.2
metres long.
[Note: Former BP-5 and Sections 5 and 30A of former zoning by-law 76-26]
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 273
L294.
L294 Removed see By-Law 2024-105
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) Permitted Business Park Uses:
(i)
Data processing and related services;
(ii) Business offices;
(iii) Professional offices;
(iv) Laboratory, research, development facilities carried out within
enclosed buildings;
(v)
Film or Recording Studio;
(vi) Printing Establishment; and
(vii) Public use.
(c)
Permitted Commercial Uses:
(i)
Bank or financial institution;
(ii) Clinic;
(iii) Restaurant and patio;
(iv) Restaurant, freestanding;
(v)
Restaurant, take-Out;
(vi) Dry cleaning and related services; and
(vii) Personal service shop.
(d) Minimum number of loading spaces: 6.
(e)
Permitted Commercial Uses: are restricted to a maximum of 25% of the
built gross floor area, except 371.6 square metres of gross floor area of
Commercial Uses may be constructed prior to the maximum 25%
restriction coming into effect.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 274
(f)
Landscaped Open Space: A 7.0 metre wide landscaped planting strip
excluding driveways must be provided along the lot line adjacent to
Gardiners Road. A 2.0 metre landscaping strip abutting the rear lot line is
not required.
(g) Zoning Interpretation: For the purposes of zoning interpretation the lands
subject to this Exception are deemed single parcel.
[Note: Former BP-4 and Sections 5 and 30A of former zoning by-law 76-26]
L295.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Additional permitted uses: apartment dwelling house.
(b) Minimum lot area: 1.0 hectares.
(c)
Minimum lot frontage: 33.5 metres.
(d) Minimum front yard setback: 3.0 metres.
(e)
Minimum side yard setback: half the height of the building, or 10.6
metres, whichever is the greater, provided that an interior side yard
adjoining an end wall containing no habitable room windows may be
reduced to 1.83 metres where the side lot line does not adjoin an Urban
Residential Zone.
(f)
Minimum rear yard setback: half the height of the building, or 10.6
metres, whichever is the greater, provided that a rear yard adjoining an
end wall containing no habitable room windows may be reduced to 1.83
metres where the rear lot line does not adjoin an Urban Residential Zone.
(g) Minimum dwelling unit area:
(i)
Dwelling unit containing 1 bedroom: 55.8 square metres; and
(ii) Dwelling unit containing 2 bedrooms: 65.0 square metres.
(h) Setback of parking area from interior side lot line: 1.5 metres.
(i)
Setback of drive-through service facility from residential use or zone: 0
metres.
(j)
Minimum required landscape open space: 37%.
(k)
Maximum height of building: 26.8 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 275
(l)
Maximum number of apartment dwelling houses permitted: 2.
(m) Privacy yards: A privacy yard, clear and unobstructed by any parking area
or any vehicular driveway, other than a private driveway for a dwelling
unit, must be provided adjoining each habitable room window of every
dwelling unit with a minimum depth measured at right angles from such
walls it adjoins in accordance with the following:
(i)
Distance from ground floor living room or habitable room window
to parking area or vehicular driveway: 4.6 metres.
(ii) Within the privacy yard, an area unobstructed by any public or joint
pedestrian access surface must be provided extending 3.0 metres
from any ground floor habitable room window, this distance being
measured radially from any point on the window. A window is
considered to be located on the ground floor if any portion of the
glazing is less than 2.4 metres above the adjacent exterior ground
level.
(n) Children's Play Area: A children's play area must be provided on each lot
containing more than ten dwelling units. The minimum area is 4% of the
lot, which may be included in the area calculated as required open space
on the lot. The location must be a minimum of 7.6 metres from a ground
floor habitable room window and not less than 15.2 metres from any
street line.
[Note: Former C2-65 and Sections 5 and 19 of former zoning by-law 76-26]
L296.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted Uses:
(i)
Corporate administrative office;
(ii) Research and development facility carried out within enclosed
buildings;
(iii) Data processing and related services, include call centre;
(iv) Administrative, professional, and technical services supporting a
permitted use;
(v)
Indoor storage of equipment; and
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 276
(vi) Public use.
(b) Permitted Complementary Uses
(i)
Office and business services such as printing and equipment repair
intended to serve the Business Park Industrial area;
(ii) Restaurant;
(iii) Financial Institution;
(iv) Personal services and convenience commercial;
(v)
Public and private parks and recreation facilities;
(vi) Parking lots and structures; and
(vii) Hotels.
(c)
Minimum front yard: 10 metres.
(d) Minimum exterior side yard: 10 metres.
(e)
Maximum lot coverage: 60%.
(f)
Maximum building height: 20 metres.
(g) Parking requirements:
(i)
1 parking space for each guest room/suite, plus 0.63 parking spaces
for each 4 persons that can be accommodated at any one time in
any beverage room or liquor lounge, plus one bus parking space
per 50 guest suites.
(h) Parking space design:
(i)
Standard parking space: 2.6 metres wide and 5.2 metres long;
(ii) Accessible Type A space: 3.4 metres wide and 5.2 metres long;
(iii) Accessible Type B space: 2.7 metres wide and 5.2 metres long; and
(iv) Access aisle: 1.5 metres wide and 5.2 metres long.
(i)
Landscaped Open Space
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 277
(i)
Adjacent to a public street: not less than a 10 metre wide
landscaped planting strip excluding the driveway;
(ii) Adjacent to each interior side or rear lot line: not less than a 1.2
metre landscaped planting strip.
(iii) No structures or parking will be permitted in landscaped planting
area, with the exception of any required utility structures for
servicing the site.
(j)
IX. Maximum building height exceptions
(k)
The height provisions of this Exception do not prevent the erection of
parapets and linen chute overrun.
[Note: Former BP-7 and Sections 5 and 30A of former zoning by-law 76-26]
L297.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted Residential Uses:
(i)
Single Family Dwelling House.
(b) Permitted Non-Residential Uses:
(i)
Home Occupation.
(ii) A public use.
(c)
Lot Area (minimum): Not applicable.
(d) Lot Frontage (minimum): Single-Detached Dwelling House: 13.0 metres
(Corner Lot) and 12.0 metres (Other Lot).
(e)
Front Yard:
(i)
Minimum setback from the front lot line: 4.5 metres;
(ii) Maximum setback from the front lot line: 7.0 metres;
(iii) Despite (i) and (ii), where a dwelling includes a covered front porch
the front wall of the main dwelling may be set back a maximum of
9.2 metres from the front lot line provided the dwelling includes a
covered porch with a minimum width of 2.5 metres and a minimum
depth of 2.0 metres; and
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 278
(iv) Despite (i), (ii) and (iii), where the front wall of an attached private
garage containing the opening for vehicular access is located not
more than 6.2 metres from the front lot line and where a dwelling
includes a covered front porch, the front wall of the main dwelling
may be set back 3.0 metres from the front wall of the garage.
(f)
Garage Location
(i)
The wall of an attached private garage that contains the opening for
vehicular access must be set back a minimum of 6.0 metres from the
lot line that the driveway crosses to access the private attached
garage.
(ii) The wall of the attached private garage facing the public street must
not be located more than 3.0 metres closer to the front lot line than
either the main entry feature or main front entrance of the dwelling
unit, except that a corner lot may have the garage located further
than 3.0 metres from the main entry feature or main front entrance
of the dwelling unit, provided it is not located closer to the front lot
line than any other part of the dwelling unit.
(iii) The main entry feature means a platform, with at least one side
open, covered by a roof, balcony or enclosed space, with or without
a foundation and/or basement that provides access to the dwelling
unit.
(iv) The main front entrance means the door which is designed as the
primary access point into the dwelling unit.
(g) Driveway Width: The maximum driveway width as measured at the lot line
and is 6.0 metres or 50% of the lot frontage, whichever is lesser.
(h) Exterior Side Yard Width (minimum): 2.4 metres.
(i)
Interior Side Yard Width (minimum): 1.2 metres, except where there is a
dwelling without an attached garage, one of the sides must be 3.0
metres.
(j)
Rear Yard (minimum): 7.5 metres.
(k)
CN Rail Main Line Requirements: Residential lots located within 30 metres
of the CN Railway Main Line are subject to the following provisions:
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 279
(i)
No residential buildings are permitted within 30 metres of the main
line right-of-way.
(ii) A safety berm with returns at the ends, 2.5 metres above grade at
property and side slopes not steeper than 2.5 to 1 must be erected
and maintained to the satisfaction of the Municipality and CN
Railway.
(iii) A noise barrier must be installed and maintained adjoining and
parallel to the rail right-of-way, with returns at the ends, at heights
in accordance with the recommendations of the approved final
Noise Study, with a minimum height of 5.5 metres above top-of-rail
for principal main lines. The acoustic fence must be constructed
without holes or gaps and of a durable material weighing not less
than 20 kilograms per square metre of surface area.
(iv) A chain link fence of a minimum height of 1.83 metres height must
be installed and maintained along the mutual property line in
locations where there are no noise barriers to ensure there is a
continuous barrier to trespassing onto the railway corridor.
(l)
Height (maximum): 11 metres.
(m) Parking: Parking is permitted in the front yard, interior side yard and rear
yard. Front yard parking is prohibited except where it is a driveway
leading to a permitted parking area.
(n) Landscaped Open Space (minimum): 30%.
(o) Sight Triangles:
(i)
Two sight triangles are required on a corner lot.
(1) The location of the first sight triangle must be located by
drawing a line between a point on the exterior side lot line that
is 4.5 metres from the intersection of the front lot line and the
exterior side lot line and a point on the front lot line that is 8.5
metres from the intersection of the front lot line and the
exterior lot line.
(2) The location of the second sight triangle must be located by
drawing a line between a point on the exterior side lot line that
is 8.5 metres from the intersection of the front lot line and the
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 280
exterior side lot line and a point on the front lot line that is 4.5
metres from the intersection of the front lot line and the
exterior side lot line.
(3) 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.
[Note: Former R1-76 and Sections 5 and 12 of former zoning by-law 76-26]
L298.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted Uses: Permitted uses are limited to the following:
(i)
Residential Uses:
(1) an apartment dwelling house; and
(2) a transitional housing unit.
(ii) Office Uses:
(1) a business office;
(2) a professional office; and
(3) a support service.
(b) The following definitions apply:
(i)
Transitional housing unit means a group living arrangement, in a
single housekeeping unit, with access to support services, in which it
is intended that short term accommodation be provided. A
transitional housing unit does not include a crisis care shelter as
defined herein.
(ii) Crisis care shelter means a supervised group living arrangement, in
a single housekeeping unit, with access to support services, in which
it is intended that short term emergency accommodation of a
transient nature be provided.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 281
(iii) Support service means a service such as counseling, addictions and
mental health support, health and well-being, life-skills training,
exercise program and support group meetings.
(c)
Interior Side Yard Width: 4.2 metres; this interior side yard width provision
only applies to the building existing on the lands as of the date of
passing of this site specific by-law.
(d) Dwelling Unit Area (minimum): Bachelor dwelling unit: 20 square metres.
(e)
Distance of Detached Accessory Building or Structure from Main Building:
0 metres.
(f)
Yards Where Parking is Permitted: A maximum of six parking spaces may
be permitted in the exterior side yard provided that no part of the
parking area, other than a driveway, is located closer than 3.9 metres to
the exterior side lot line.
(g) A transitional housing unit use must be located within the principal
building on the property.
(h) Business and professional offices and support services must be located
within the principal building on the property, and restricted to a
maximum of 35% of the gross floor area of any building or structure
occupying the subject property.
(i)
Total number of dwelling units: 10.
[Note: Former R4-39 and Sections 5 and 15 of former zoning by-law 76-26]
L299.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Definition: "Building Height" means the vertical distance measured from
the average grade surrounding the building footprint to the highest point
of the roof surface in case of flat roofs or to a point halfway up the rood
in the case of pitched roofs.
(b) Lot Lines: The lot line abutting Development Drive is considered the front
lot line and all other lot lines are considered interior side lot lines.
(c)
Dwelling Units (maximum): 169 units.
(d) Lot Area (minimum): 1.6 hectares.
(e)
Lot Frontage (minimum): 20 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 282
(f)
Front Yard Depth (minimum): 45 metres.
(g) Interior Side Yard Width (minimum): 6 metres; except where an interior
side yard abuts an Open Space zone, in which case the required minimum
interior side yard width is 0 metres.
(h) Building Height (maximum): 25.5 metres.
(i)
Privacy Yards (minimum):
(i)
A privacy yard that is clear and unobstructed by any vehicular
driveway, other than a private driveway to an enclosed garage or
parking space, or by any surface parking area, must be provided on
the lot adjoining each exterior wall containing a habitable room
window; and
(ii) The minimum depth of a privacy yard is 4 metres to any private
road or parking area, measured at right angles to the wall it adjoins.
Such privacy yards must not overlap so as to reduce the minimum
depth requirements.
(j)
Additional Setback Requirements: No building is permitted within:
(i)
a 114 metre horizontal setback from the CN Rail Main Line Corridor;
and
(ii) a 6 metre horizontal setback from the 1:100 floodplain of the Little
Cataraqui Creek.
(k)
A planting strip is required along the western most interior side lot line
that directly abuts the adjacent residentially zoned properties in
accordance with the following:
(i)
Width (minimum): 2 metres; and
(ii) Contents are as per implementing Site Plan Control Agreement
(l)
Bicycle Parking:
(i)
Bicycle Parking Space Requirements (minimum): 1 bicycle parking
space per dwelling unit;
(ii) A minimum of 12 of the required on-site parking spaces must be
provided exterior to a building and must be covered and secure;
and
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 283
(iii) Bicycle Parking Space Dimensions (minimum):
(1) 0.3 metres wide by 1.8 metres long with a minimum overhead
clearance of 2.1 metres;
(2) Alternate requirement (vertical bicycle parking space): 0.6
metres wide, 1.8 metres tall and 1.0 metres in depth.
(m) Parking:
(i)
Parking Space Dimensions (minimum): 2.6 metres wide by 5.2
metres long; and
(ii) Parking is permitted in any yard, provided it is no closer than 40
metres to the municipal right-of-way of Development Drive
(n) Landscaped Open Space (minimum): 30%.
[Note: Former R4-38 and Sections 5 and 15 of former zoning by-law 76-26]
L300.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
The permitted uses also include a neighbourhood store subject to the
following provisions:
(i)
Neighbourhood store must have a maximum gross floor area of 186
square metres on the ground floor only.
(b) Minimum Lot Area: 445 square metres for a Two-Family Dwelling.
(c)
Minimum Front Yard: 0 metres for a length of 18 metres on York Street
and 0 metres for a length of 10 metres on Division Street.
(d) Maximum Percentage Lot Coverage: 46%.
(e)
Maximum Building Height: 8.0 metres.
(f)
The maximum permitted height of any exterior wall exclusive of end
gable is: 8.0 metres.
(g) A flat roof is not permitted above the 8.0 metres exterior wall.
(h) Maximum Residential Building Depth: 21.5 metres.
(i)
Maximum Number of Bedrooms: 11.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 284
(j)
Minimum Private Amenity Area: 20 square metres per unit.
[Note: Former A.173 and Section 6 of former zoning by-law 8499]
L301.
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 within the walls of the
existing building on the property on the date of the passing of the site
specific By-Law:
(i)
laundromat;
(ii) retail store or shop; and
(iii) a professional or business office.
(b) A minimum of 6 off-street parking spaces must be provided for any use
permitted in above.
[Note: Former A.367 and Sections 5.3 and 6 of former zoning by-law 8499]
L302.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted Use: single family dwelling.
(b) Maximum Number of Dwellings per Lot: 1.
(c)
Maximum Number of Bedrooms: 3.
(d) Minimum Width of Driveway: 4.6 metres.
[Note: Former A.402 and Sections 5 and 6 of former zoning by-law 8499]
L303.
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:
(i)
Bedroom means any room within a residential unit that is suitable to
be used as a sleeping room under the Ontario Building Code, and
which for greater certainty does not include:
(1) Common areas open to all occupants of the unit;
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 285
(2) Areas used for sanitary (such as washroom) or cooking
purposes (such as a kitchen), and,
(3) Areas occupied by mechanical equipment, such as furnaces,
hot water heaters and laundry equipment
(b) The use of a cellar as a portion of an existing dwelling unit or as a
habitation unit is permitted.
[Note: Former A.426 and Section 5 of former zoning by-law 8499]
L304.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
The permitted uses must be in accordance with former Section 6.2 of
former zoning by-law 8499.
(b) Despite provisions requiring frontage on a street, a one-family dwelling, a
two family dwelling and the conversion of a one-family dwelling to a two
family dwelling, with access provided by an easement, is a permitted use.
(c)
For the purposes of interpretation respecting the existing one-family
dwelling and any future development or redevelopment of the property,
the portion of the lot fronting onto Morton Way is deemed the front
yard.
[Note: Former A.445 of former zoning by-law 8499]
L305.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Definitions:
(i)
"Secondary Residential Unit" means a legally existing separate
residential dwelling unit, which is ancillary to a principal dwelling
unit, contained in the same building, and includes a separate, clearly
defined, safe access, kitchen, washroom and living space.
(b) Additional Permitted Uses:
(i)
A Second Residential Unit.
(c)
The use of a cellar for habitation is permitted.
(d) Minimum Lot Area: 200 square metres
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 286
(e)
Minimum Number of Parking Spaces: 1 parking space.
[Note: Former A.505 and Sections 5 and 6 of former zoning by-law 8499]
L306.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum Lot Area: 175 square metres per dwelling unit.
(b) Minimum Aggregate Side Yard Setback: 3.0 metres.
(c)
Minimum Interior Side Yard Setback: 0.6 metres.
(d) Minimum Interior Side Yard for a Building Abutting a Residential Property
with Frontage on Stephen Street: 4.0 metres.
(e)
Maximum Lot Coverage: 40%.
[Note: Former A.530 and Sections 5 and 6 of former zoning by-law 8499]
L307.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum Front Yard Setback on Victoria Street: 3.6 metres.
(b) Minimum Front Yard Setback on North Bartlett Street: 4.2 metres.
[Note: Former A.545 and Sections 5 and 6 of former zoning by-law 8499]
L308.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum Lot Area of 482 square meters for a Two-Family Dwelling.
[Note: Former A.549 and Section 6 of former zoning by-law 8499]
L309.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Additional Permitted Use: Multiple Family Dwelling containing a
maximum of three dwelling units.
(b) Maximum Number of Dwelling Units: 3.
(c)
Minimum Lot Area: 180 square metres per dwelling unit.
(d) Maximum Permitted Building Depth: 19.5 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 287
(e)
Maximum Size of a Parking Area: Up to 49 square metres of the rear yard
may be used as uncovered parking area.
(f)
Off-Street Parking: The minimum size of a standard parking space is 2.6
metres wide by 5.2 metres long.
(g) Off-Street Parking: 1 parking space per dwelling unit.
(h) Maximum Aggregate Length of all Dormers: 7 metres.
[Note: Former A.581 and Sections 5 and 6 of former zoning by-law 8499]
L310.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Definitions:
(i)
Archive: means a collection of historical documents, records or
artifacts providing information about a place, institution or group of
people.
(b) Additional Permitted Uses:
(i)
Archive.
(c)
For the purposes of interpretation, the lot lines are:
(i)
Front Lot Line: The southern property line abutting King Street is
deemed the front lot line;
(ii) Rear Lot Line: The northern property line abutting Baiden Street is
deemed the rear lot line; and
(iii) Side Lot Line: All other property lines are deemed side lot lines.
(d) Minimum Side Yard: 5.0 metres.
(e)
Off-Street Parking:
(i)
Parking facilities must be provided on the same lot and must not be
located closer than 20 metres from the rear lot line
(ii) The minimum number of parking spaces is 6.
(iii) Up to 105 square metres of the rear yard may be used as an
uncovered parking area.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 288
[Note: Former A5.519 and Sections 5 and 11 of former zoning by-law 8499]
L311.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Maximum Number of Dwelling Units Per Property: 3.
(b) Minimum Lot Area: 450 square metres.
(c)
Minimum Lot Width: 10 metres.
(d) Minimum Front Yard Setback:
(i)
705 King Street West: 13.8 metres; and
(ii) 707 King Street West: 15.6 metres.
(e)
Minimum Aggregate Side Yard: 2.7 metres.
(f)
Minimum Setback for Accessory Buildings: 0 metres from side or rear lot
line.
(g) Access and Parking:
(i)
The minimum dimensions of the parking spaces are 2.6 metres by
5.2 metres;
(ii) The minimum width of a drive aisle is 6 metres; and
(iii) The minimum width for a driveway is 3.0 metres.
[Note: Former A5.461 of former zoning by-law 8499]
L312.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum Lot Area for a two-family dwelling: 466 square metres.
(b) Off-street parking: Up to 33 square metres of the interior side yard may
be used as uncovered parking area.
[Note: Former A5.525 and Sections 5 and 11 of former zoning by-law 8499]
L313.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Additional Permitted Uses:
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 289
(i)
A three-family dwelling is a permitted use, provided that the three
units are contained within the walls of the building in existence as of
the date of the passing of the site specific by-Law.
(b) The use of a cellar as a portion of a dwelling unit or as a habitation unit is
permitted.
(c)
Off-Street Parking: Maximum of 50 square metres of the rear yard and
interior side yard may be used as uncovered parking area for residential
uses.
[Note: Former A5.535 and Sections 5 and 11 of former zoning by-law 8499]
L314.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Maximum Number of Dwelling Units: 3.
(b) Minimum Lot Area: 400 square metres.
(c)
Minimum Lot Width: 10 metres.
(d) Minimum Front Yard Setback: 5.2 metres.
(e)
Front Yard Projections:
(i)
A covered or uncovered, unenclosed porch, deck, balcony, or
veranda of any height may project into the required front yard, but
is not permitted closer than 3.3 metres to the front lot line.
(ii) The steps associated with the covered or uncovered, unenclosed
porch, deck, balcony, or veranda of any height may project into the
required front yard, but is not permitted closer than 1.5 metres to
the front lot line.
(f)
Maximum Height: 10.5 metres.
(g) Minimum Side Yard: 1.2 metres.
(h) Minimum Aggregate Side Yard: 2.7 metres.
(i)
Minimum Setback for Accessory Buildings: 0 metres from side or rear lot
line.
(j)
A maximum of 75 square metres of uncovered parking is permitted.
(k)
Minimum required amenity space: 75 square metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 290
(l)
Minimum required play space: 0 square metres.
(m) Bicycle Parking:
(i)
The minimum number of bicycle parking spaces is 3.
(ii) Minimum Bicycle Parking Space dimension is 1.8 metres in length by
0.3 metres wide and a minimum overhead vertical clearance of 2.1
metres.
(n) Access and Parking:
(i)
The minimum number of parking spaces is 3.
(ii) An unobstructed 1.5 metre wide driveway must be located along the
western portion of the subject property, adjacent to 785 King Street
West, to provide vehicular access to a rear parking area.
(iii) An unobstructed 3.0 metre wide drive aisle must be located along
the northwestern portion of the subject property, adjacent to 785
King Street West and the parking spaces, to provide vehicular access
at the rear of the subject property.
[Note: Former A5.536 and Sections 5 and 11 of former zoning by-law 8499]
L315.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted Residential Use: Row Dwelling House.
(b) Permitted Non-Residential Use: Home Occupation.
(c)
Maximum Number of Dwelling Units per Property: 1.
(d) Minimum Lot Area: 180 square metres.
(e)
Minimum Lot Frontage: 5 metres.
(f)
Minimum Front Yard: 7.5 metres.
(g) For the front yard, a covered or uncovered, unenclosed porch or steps
that is greater than 1.2 metres in height may project a maximum of 2.5
metres from the main building.
(h) Minimum Interior Side Yard: 1.1 metres.
(i)
Minimum Aggregate Side Yard: 2.3 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 291
[Note: Former B.470 of former zoning by-law 8499]
L316.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
111 William Street
(i)
Permitted uses are limited to a single unit dwelling.
(ii) Minimum lot area is 140 square metres.
(iii) Minimum front yard setback is 1.4 metres.
(iv) Minimum side yard along the east property line is 0 metres.
(v)
Minimum rear yard setback is 1.2 metres.
(vi) Maximum lot coverage is 44%.
(vii) The minimum amount of outdoor amenity space is 46 square
metres and there is no requirement for a children's play space.
(viii) No extension or enlargement to the building existing as of the date
of passing of the site specific by-law at 111 William Street is
permitted.
(b) 184 Bagot Street
(i)
Permitted uses are limited to a single unit dwelling.
(ii) Minimum lot area is 310 square metres.
(iii) Maximum height is 10.62 metres.
(iv) Minimum aggregate side yard setback is 3.3 metres.
(v)
Minimum amount of amenity space is 31 square metres and there is
no requirement for a children's play space.
(vi) Parking:
(1) A minimum of 4 parking spaces will be located on this
property. 1 barrier free parking space and 2 regular parking
spaces must be used exclusively for a professional office at 180
Bagot Street.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 292
(2) Minimum width for a vehicle access aisle is 3.6 metres.
[Note: Former B.303 of former zoning by-law 8499]
L317.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Maximum permitted number of residential units: 6.
(b) Minimum setback:
(i)
Front yard: 2.7 metres;
(ii) Side yard: 1.2 metres;
(iii) Aggregate side yard: 2.4 metres; and
(iv) From front lot line for unenclosed porches: 0.0 metres .
(c)
Required number of accessible parking spaces: 0.
(d) Maximum lot coverage: 37%.
(e)
Maximum density: 100 dwelling units per net hectare.
(f)
Minimum required amenity area: 230.0 square metres.
[Note: Former B.416 of former zoning by-law 8499]
L318.
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:
(i)
Bedroom means any room within a residential unit that is suitable to
be used as a sleeping room under the Ontario Building Code, and
which for greater certainty does not include:
(1) Common Areas used for sanitary (such as washroom) or
cooking purposes (such as a kitchen), and,
(2) Areas occupied by mechanical equipment, such as furnaces,
hot water heaters and laundry equipment
Despite the foregoing, a bachelor, bachelorette or studio unit are
calculated to contain one bedroom.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 293
(b) Maximum Number of Dwelling Units: 3.
(c)
Maximum Aggregate Number of Bedrooms: 9.
(d) Minimum Required Yards:
(i)
South interior side yard from the front lot line for the distance of
17.7: 0.5 metres;
(ii) South interior side yard measured from the front lot line for the
distance beyond 17.7 metres: 1.2 metres;
(iii) Aggregate interior side yard from the front lot line for the distance
of 17.7 metres: 3.25 metres;
(iv) Aggregate interior side yard measured from the front lot line for a
distance beyond 17.7 metres: 3.95 metres; and
(v)
North interior side yard: 2.75 metres.
(e)
Projection into Yards: An unenclosed porch or deck, covered or
uncovered which is located in the front yard is permitted to project into
the required south interior side yard, but should not be closer than 0.5
metres to the south lot line.
(f)
Minimum Amenity Space Area: 126 square metres.
(g) Minimum Play Space Area: 0.0 square metres.
[Note: Former B.424 and Sections 5 and 13 of former zoning by-law 8499]
L319.
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:
(i)
Bedroom means any room within a residential unit that is suitable to
be used as a sleeping room under the Ontario Building Code, and
which for greater certainty does not include:
(1) Common areas open to all occupants of the unit;
(2) Areas used for sanitary (such as washroom) or cooking
purposes (such as a kitchen); and
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 294
(3) Areas occupied by mechanical equipment, such as furnaces,
hot water heaters and laundry equipment.
Despite the foregoing, a bachelor, bachelorette or studio unit are
calculated to contain one bedroom.
(b) The existing building on the date of passing of By-Law Number 2014-129,
is only permitted to be converted to a maximum of 3 dwelling units, with
the following requirements:
(i)
Maximum Aggregate Number of Bedrooms: 7.
(ii) Off-Street Parking:
(1) A minimum of 2 parking spaces must be provided.
(2) Parking in a stacked / tandem arrangement is permitted for a
maximum of two parking spaces.
(3) Parking is permitted closer to the street line than the nearest
wall of the main building.
(4) Minimum size of a parking space is 2.7 metres wide and 5.3
metres long.
(iii) Minimum Private Amenity Space Area: Must be provided within
each unit in accordance with this By-law.
(iv) Minimum Amenity Area: 29 square metres.
(v)
Minimum Play Space Area: 0.0 square metres.
(vi) Entrances: A minimum 0.9 metres unobstructed clearance should be
maintained in front of the entrance to each unit, including no
obstruction by the required off-site parking.
(vii) Landscaping: A minimum 2.0 metre wide vegetated planting strip
must be provided between the front lot line and the front wall of
the main building.
(viii) Projections into Yards:
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 295
(1) An unenclosed veranda with a maximum width of 5.35 metres
is permitted between the front wall of the main building and
the front lot line; and
(2) A roof deck is permitted with a minimum distance of 2.0
metres from the rear lot line; 0.0 metres to the south side lot
line; and 2.75 metres from the north side lot line.
[Note: Former B.453 and Sections 5 and 13 of former zoning by-law 8499]
L320.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted Uses:
(i)
One and two family dwellings subject to the provisions of the UR5
Zone;
(ii) Multiple family dwellings; and,
(iii) The use of a cellar as a dwelling unit.
(b) Maximum Number of Dwelling Units: 3.
(c)
Maximum Residential Building Height: 10.7 metres.
(d) Flood Plain Setback:
(i)
No building or structure is permitted within 6.0 metres of an EPA
Zone.
(ii) Parking may be permitted within this setback requirement.
(e)
Off-street Parking:
(i)
Parking must be located behind the front wall of the main building.
[Note: Former B.542 and Sections 5 and 13 of former zoning by-law 8499]
L321.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Definitions
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 296
(i)
Bedroom means any room within a residential unit that is suitable to
be used as a sleeping room under the Ontario Building Code, and
which for greater certainty does not include
(1) Common areas open to all occupants of the unit;
(2) Areas used for sanitary (such as washroom) or cooking
purposes (such as a kitchen), and
(3) Areas occupied by mechanical equipment, such as furnaces,
hot water heaters and laundry equipment.
Despite the foregoing, a bachelor, bachelorette or studio unit are
calculated to contain one bedroom.
(b) Maximum number of bedrooms per dwelling unit: 3.
(c)
Maximum aggregate number of bedrooms: 8.
(d) Minimum front yard setback: 2.9 metres.
(e)
Minimum side yard setback: 1.9 metres.
(f)
Minimum aggregate side yard setback: 4.6 metres.
(g) Minimum rear yard setback: 5.2 metres.
(h) Maximum percentage of lot coverage: 42%.
(i)
Maximum building height: 8.7 metres.
(j)
The stairs providing access to the front porch are permitted a minimum
of 1.5 metres from the front lot line.
(k)
Off-Street Parking:
(i)
Required number of parking spaces: 2
(ii) Parking in a stacked/tandem arrangement is permitted for a
maximum of two parking spaces.
(iii) Up to 40 square metres of the interior side yard may be used as an
uncovered parking area.
(iv) Parking facilities must be located no closer to the front lot line than
the nearest wall of the main building.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 297
(l)
There is no minimum play space requirement.
(m) The use of a cellar as a portion of a residential unit for habitation is
permitted.
[Note: Former B.516 and Sections 5 and 13 of former zoning by-law 8499]
L322.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted Uses:
(i)
One and two family dwellings subject to the provisions of the UR5
Zone;
(ii) Multiple family dwellings; and,
(iii) The use of a cellar as a dwelling unit.
(b) Maximum Number of Dwelling Units: 3.
(c)
Maximum Residential Building Height: 10.7 metres.
(d) Flood Plain Setback:
(i)
No building or structure is permitted within 6.0 metres of an EPA
Zone; and
(ii) Parking may be permitted within this setback requirement.
[Note: Former B.541 and Sections 5, 13 and 38 of former zoning by-law 8499]
L323.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted Uses: In addition to the uses permitted by this By-law, the
property may be used for a convenience store and a take-out restaurant
with drive-through.
(b) Prohibited Use: The property may not be used for an accessory dwelling
house or accessory dwelling unit.
(c)
Minimum Setbacks for a Garbage Enclosure:
(i)
Interior side yard: 3.0 metres; and
(ii) Front yard: 14.0 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 298
(d) A drive through service facility accessory to a take-out restaurant use is
permitted within 50 metres of a residential use or zone that permits a
residential use.
(e)
No off-street loading space is required for a convenience store or take-
out restaurant use.
(f)
The front yard depth of the gas pump canopy as it exists on the site as of
the date of the passing of the site specific by-law is deemed to comply
with this By-Law. In the event that the existing gas pump canopy on the
site is removed, development must comply with this By-law.
(g) The access and driveways existing on the site as of the date of the
passing of the site specific by-law are deemed to comply with the access
and driveways regulations of this By-Law. In the event that the existing
access and driveway on the site is removed, development must comply
with this By-law.
[Note: Former CH-7 and Sections 5 and 16 of former zoning by-law 32-74]
L324.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted Uses:
(i)
Compost Finishing Facility; and
(ii) Accessory Interpretive / Educational Pavilion
(b) The following definition applies:
(i)
"Compost Finishing Facility" means a waste disposal site which has
received a Certificate of Approval under the Environmental
Protection Act, or such equivalent as may exist from time to time
under this or any successor legislation, to allow the site to be used
for the purpose of receiving, handling and temporary storage of
non-hazardous compost waste. Temporary storage of non-
hazardous compost waste, including open storage of materials,
equipment or vehicles for work accessory to the principal use, is
permitted. Accessory uses such as office and scale and scale house
are also permitted.
(c)
A minimum of 18 off-street parking spaces must be provided.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 299
[Note: Former MD-3 and Section 21 of former zoning by-law 32-74]
L325.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Additional Permitted Use: An office use within the former Portsmouth
Town Hall building up to a maximum floor area of 315 square metres.
(b) Parking:
(i)
Parking for an office use must be provided at a rate of 1 parking
space for every 28.0 square metres of gross leasable floor area.
(ii) Parking may be provided off-site within a radius of 400 metres from
this Exception.
(iii) Required barrier free parking spaces must be provided on site.
(c)
Bicycle Parking:
(i)
A minimum of 3 bicycle parking spaces must be provided on-site.
[Note: Former P.485 and Sections 5 and 32 of former zoning by-law 8499]
L326.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum Front Yard: 9.61 metres; and
(b) Minimum Side Yard when abutting an Open Space Zone, Residential
Zone, or a street: 7.43 metres.
[Note: Former C2.391 and Section 22 of former zoning by-law 8499]
L327.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted uses also include:
(i)
Commercial school;
(ii) Education centre;
(iii) Education facility; and
(iv) Professional office.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 300
(b) Permitted complementary uses, which must not, in the aggregate, occupy
an area greater than 25% of the total floor area of the building(s) on the
lot, include:
(i)
Bake shop;
(ii) Coffee shop;
(iii) Day care centre;
(iv) Dental office;
(v)
Financial institution;
(vi) Hotel;
(vii) Medical clinic;
(viii) Medical office;
(ix) Personal service shop;
(x)
Recreational facility;
(xi) Restaurant;
(xii) Retail store;
(xiii) Sports training and treatment centre;
(xiv) Veterinary clinic.
(c)
Definitions:
(i)
"Bake Shop" means a commercial establishment with 15 or less
seats where bakery products are sold or offered for sale to the
general public;
(ii) "Coffee Shop" means a commercial establishment with 15 or less
seats that primarily serves beverages that are non-alcoholic to the
general public, and may include ancillary retailing or prepared light
snack foods such as pastries, muffins, desserts, fruit, yogurt,
confectionery items and baked goods;
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 301
(iii) "Personal Service Shop" means the use of any lot, building or
structure, or part thereof, for the provision of services involving the
care of persons or their apparel, including, but not limited to:
barber, hairdresser, beautician, aesthetician, tailor, dressmaker,
shoemaker, tanning salon, dry cleaning and laundry store or similar
service establishments as licensed by the City. "Personal service
shop" must not include an adult entertainment establishment or
adult entertainment store, as defined herein. The sale of
merchandise is permitted only as an accessory use to the principal
service provided;
(iv) "Sports Training and Treatment Centre" means the use of any lot,
building or structure, or part thereof, for physical rehabilitation,
injury prevention, health and fitness or other related services.
[Note: Former M9.591 and Section 31B of former zoning by-law 8499]
L328.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Additional Permitted Use:
(i)
One accessory building up to a maximum floor area of 134 square
metres may only be used for the purpose as a greenhouse for a
home occupation.
(ii) Should the greenhouse use of the building cease it may only be
used as an accessory building in accordance with the zone
provisions.
(iii) There is no outdoor storage of materials, equipment or containers in
conjunction with a home occupation.
(b) Accessory Building Provisions:
(i)
Interior side yard width (minimum): 3.0 metres;
(ii) Rear yard depth (minimum): 1.2 metres; and
(iii) Height (maximum): 5.0 metres.
(c)
Maximum Lot Coverage: 15%.
[Note: Former A1-61 and Sections 5 or 23 of former zoning by-law 32-74]
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 302
L329.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum Front Yard: The minimum front yard may be reduced to 10
metres where a road widening has been taken by the City.
(b) Open Storage Area: Open storage of goods or materials is permitted,
subject to the following provisions:
(i)
An open storage use must be accessory to the principal use of the
lot
(ii) Any open storage area must be screened by a masonry wall or solid
fence not less than 1.8 metre high so that the contents of the open
storage area will not be visible from any public street
(iii) An open storage use must not include a junkyard, vehicle wrecking
yard or vehicle compound as defined in this by law
(iv) A minimum 3.0 metre wide landscape strip must be provided along
any street frontage, in front of the required masonry wall or solid
fence, where open storage is located within a required front yard
(v)
Any access through a required landscape strip or required masonry
wall or solid fence, must include a gate which blocks the visibility of
the open storage from a public street.
[Note: Former M.438 and Sections 5 and 31A of former zoning by-law 8499]
L330.
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 conservation use. No buildings, structures or
accessory uses are permitted.
[Note: Former FP-4 of former zoning by-law 32-74]
L331.
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 zoning interpretation, the lands subject to this
Exception are deemed single parcel.
(b) The permitted uses also include:
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 303
(i)
A wholly residential building containing a maximum of 12
apartment units at 228 Brock Street, including 122-126 Sydenham
Street; and a maximum 3 units at 230 Brock Street.
(c)
Conversion of Commercial Buildings for Residential Use: Residential uses
may be permitted on the ground floor.
(d) Maximum Density: 235 units / net hectare.
(e)
Minimum Number of Parking Spaces: 6.
[Note: Former C1-40 and Sections 5 and 7of former zoning by-law 96-259]
L332.
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 buildings or structures is as follows:
(i)
Height at Build-to-Plane: 4 storeys, not to exceed (to the top of
parapet) 15.8 metres; and
(ii) Maximum Building Height: 5 storeys, not to exceed (to the top of
the parapet) 19.4 metres.
(b) The commencement height of the angular plane is 15.2 metres.
[Note: Former C1-16 of former zoning by-law 96-259]
L333.
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:
(i)
Amusement Arcade, Art Gallery, Bakery, Bake Shop, Bank or
Financial Establishment, Bed or Breakfast Establishment, Church or
Religious Institution, Commercial Entertainment Establishment,
Commercial Establishment, Commercial Recreation Facility,
Commercial School, Computer Programming Establishment,
Convenience Store, Data Processing Establishment, Day Care Centre,
Drugstore/ Pharmacy, Florist, Food Store, Funeral Home,
Government Office, Hardware Store, Liquor or Beer Store, Medical
Clinic, Medical Inpatient Treatment Centre, Medical Office, Mixed
Commercial/Residential Development, Nursing Home, Office,
Parking Lot, Personal Service Establishment, Pet-Grooming
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 304
Establishment, Photo or Artist Studio, Private Social and Cultural
Facility, Public Use, Rental Outlet, Repair Service, Restaurant,
Restaurant, Outdoor Patio, Restaurant, Take-Out, Service
Establishment, Specialty Retail Store, Community Home, Community
Support House, Crisis Care Shelter, Home Occupation, Recovery
Home, and Residential Care Facility.
(b) Definitions: "Medical Inpatient Treatment Centre" means a building
providing inpatient surgical or other medical treatment for not more than
four patients and may include a "Medical Clinic" use.
[Note: Former C1-37 and Sections 5 and 7 of former zoning by-law 96-259]
L334.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
For the purpose of zoning interpretation, the lands subject to this
Exception are deemed single parcel.
(b) The permitted uses also include a three dwelling unit.
(c)
Residential use may be permitted on the ground floor.
(d) Minimum Amenity Area: 0 Square Metres.
[Note: Former C1-46 and Sections 5 and 7 of former zoning by-law 96-259]
L335.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Maximum Building Height: 22.8 metres, exclusive of any elevator or
service penthouse.
(b) Maximum Number of Storeys: 8.
(c)
Maximum Dwelling Units Permitted: 94.
(d) Special Provision: Appropriate noise abatement measures including
building design, orientation, and/or other techniques must be employed
in the design of any project to minimize any potential adverse impact of
noise on the project site from traffic on Highway Number 15.
(e)
Dwelling Unit Location: One dwelling unit may be located in the cellar of
an apartment dwelling house provided it has a maximum of 1 kitchen.
[Note: Former R3-3 of former zoning by-law 32-74]
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 305
L336.
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:
(i)
Amusement Arcade, Art Gallery, Bakery, Bake Shop, Bank or
Financial Establishment, Bed or Breakfast Establishment, Church or
Religious Institution, Commercial Entertainment Establishment,
Commercial Establishment, Commercial Recreation Facility,
Commercial School, Computer Programming Establishment,
Convenience Store, Data Processing Establishment, Day Care Centre,
Drugstore/ Pharmacy, Florist, Food Store, Funeral Home,
Government Office, Hardware Store, Liquor or Beer Store, Medical
Clinic, Medical Inpatient Treatment Centre, Medical Office, Mixed
Commercial/Residential Development, Nursing Home, Office,
Parking Lot, Personal Service Establishment, Pet-Grooming
Establishment, Photo or Artist Studio, Private Social and Cultural
Facility, Public Use, Rental Outlet, Repair Service, Restaurant,
Restaurant, Outdoor Patio, Restaurant, Take-Out, Service
Establishment, Specialty Retail Store, Community Home, Community
Support House, Crisis Care Shelter, Home Occupation, Recovery
Home, and Residential Care Facility.
(b) Definitions
(i)
Medical Inpatient Treatment Centre - means a building providing
inpatient surgical or other medical treatment for not more than four
patients and may include a "Medical Clinic" use.
(c)
Minimum Lot Coverage: 40%.
(d) One Lot For the Purpose of Zoning: All lands subject to this Exception are
considered as one lot.
[Note: Former C1-38 and Sections 5 and 7 of former zoning by-law 96-259]
L337.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted uses are: the sale or renting of vehicles, the warehousing or the
sale of boats, recreational vehicles, power sports vehicles, property
maintenance equipment, sporting goods, auto parts, and accessories and
services related to the foregoing, provided that any outside display
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 306
and/or storage are limited to that of vehicles, boats, power sports
vehicles, travel trailers, camper truck caps, and motor homes only.
Outside display and/or open storage is permitted provided that no such
display and/or open storage is located closer than 0.91 metres to any
street line and provided further that such display and/or open storage is
limited to vehicles, boats, property maintenance equipment, power sports
vehicles, travel trailers, camper truck caps, and motor homes.
(b) "Power sports vehicles" means vehicles, equipment and accessories
including snow machines, personal watercraft, all-terrain vehicles, utility
vehicles, trailers, cargo racks and other similar vehicles and accessories.
(c)
"Property maintenance equipment" means vehicles and accessories
including lawn mowers, chain saws, grass trimmers, generators, water
pumps, and other similar vehicles and accessories.
[Note: Former C7-2 and Sections 23A of former zoning by-law 76-26]
L338.
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)
a display and sales area for landscaping material;
(ii) a self-storage facility;
(iii) a construction equipment rental business;
(iv) a contractor's or tradesman's shop;
(v)
a processing plant for landscaping materials and display area
(vi) an open storage area for pre-manufactured concrete products;
(vii) a service shop;
(viii) a retail outlet, a wholesale outlet or a business office accessory to a
permitted use; and
(ix) a public use.
(b) All open storage and display areas that are visible to non-industrial use
must be visually screened by a fence and multi-level landscaping.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 307
[Note: Former M2-32 and Section 25 of former zoning by-law 76-26]
L339.
Reserved
L340.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted Residential Uses:
(i)
Single Detached Dwelling House;
(ii) Semi Detached Dwelling House; and
(iii) Three and Four Unit Row Dwelling House.
(b) Permitted Non-Residential Uses:
(i)
Home Occupation; and
(ii) A public use.
(c)
Lot Frontage (minimum):
(i)
Single Detached Dwelling House: 12.7 metres (Corner Lot) and 10.0
metres (Other Lot).
(ii) Semi Detached Dwelling House: 19 metres (Corner Lot) and 15.0
metres (Other Lot).
(iii) Semi-detached dwelling unit: 11.5 metres (Corner Lot) and 7.5
metres (Other Lot).
(iv) Row Dwelling House: 11.5 metres (Corner Lot) and 6.1 metres (Other
Lot).
(v)
The Lot Frontage is measured along a line which is parallel to the
front lot line and distant from the lot line 6.0 metres.
(d) Garage Location: The front wall of a private garage, whether attached or
detached from the main dwelling, containing the opening for vehicular
access must be setback a minimum of 6 metres from the lot line abutting
the public street that the driveway crosses to access the private garage.
(e)
Front Yard:
(i)
Minimum setback from front lot line 4.5 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 308
(ii) Despite (i) and (ii), where a dwelling includes a covered front porch
the front wall of the main dwelling may be set back a maximum of
9.2 metres from the front lot line provided the dwelling includes a
covered porch with a minimum width of 2.5 metres and a minimum
depth of 2.0 metres.
(iii) Despite (i), (ii) and (iii) where the front wall of an attached private
garage containing the opening for vehicular access is located not
more than 6.2 metres from the front lot line and where a dwelling
includes a covered front porch, the front wall of the main dwelling
may be set back 3.0 metres from the front wall of the garage.
(f)
Exterior Side Yard (minimum): 4.5 metres on arterial and collector roads
3.0 on local roads.
(g) Interior Side Yard (minimum):
(i)
Single Family Dwelling House: 1.2 metres, except where there is a
dwelling unit without an attached garage, then one of the side yards
must be 3.0 metres.
(ii) Semi Detached Dwelling House: 1.2 metres, for a side that is not
attached to another dwelling house except where there is a dwelling
unit without an attached garage, then one of the side yards must be
3.0 metres.
(iii) Row Dwelling House: 1.2 metres, for a side that is not attached to
another dwelling house except where there is a dwelling unit
without an attached garage, then the side yards must be 3.0 metres.
(h) Rear Yard (minimum): 6.75 metres.
(i)
Minimum Lot Area: Not applicable.
(j)
Minimum Lot Coverage: Not applicable.
(k)
Driveways: Maximum driveway width as measured at the lot line is 6.0
metres or 50% of lot frontage, whichever is less.
(l)
Parking: Parking is permitted in the interior side yard and rear yard. Front
yard parking is prohibited except where it is a driveway leading to a
permitted parking area.
(m) Sight Triangles:
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 309
(i)
Two sight triangles are required on a corner lot.
(1) The location of the first sight triangle must be located by
drawing a line between a point on the exterior side lot line that
is 4.5 metres from the intersection of the front lot line and the
exterior side lot line and a point on the front lot line that is 8.5
metres from the intersection of the front lot line and the
exterior side lot line.
(2) The location of the second sight triangle must be located by
drawing a line between a point on the exterior side lot line that
is 8.5 metres from the intersection of the front lot line and the
exterior side lot line and a point on the front lot line that is 4.5
metres from the intersection of the front lot line and the
exterior side lot line.
(3) 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.
(4) 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.
[Note: Former R2-40 and Sections 5 and 13 of former zoning by-law 76-26]
L341.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum Lot Area: 1.4 hectares.
(b) Minimum Lot Frontage: 100 metres.
(c)
Minimum Front Yard Depth: 10 metres.
(d) Minimum Exterior Side Yard Depth: 30 metres.
(e)
Minimum Interior Side Yard Depth: 10 metres.
(f)
Minimum Rear Yard Depth: 42 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 310
(g) Yards Where Parking is Permitted: Parking is permitted in all yards
provided no part of any parking area, other than a driveway or any
underground parking, is located no closer than1.5 metres to a front lot
line, 1.5 metres to any side lot line and 30 metres to the rear lot line.
(h) Minimum Percentage of Landscaped Open Space: 40%.
(i)
Maximum Lot Coverage: 30%.
(j)
Maximum Building Height: 45 metres.
(k)
Maximum Number of Dwelling Units per Block: 185 dwelling units
(l)
Privacy Yards: A privacy yard for an apartment dwelling, unobstructed by
parking area or vehicular driveway must be provided adjoining a
habitable room window with a minimum depth of 5 metres measured at
right angles from such wall the window adjoins except at front entrance
and loading area where a 1.5 metre yard is required. An unbroken 1.8
metre high chain link fence is required to be constructed along the
westerly property line for the whole extent of this zone. The fence must
be constructed without any openings and/or gates.
(m) A berm must be constructed along the entire westerly property line, save
and except where existing drainage and secondary emergency access
need to be incorporated into the design of the berm(s) and subject to the
following provisions:
(i)
Minimum setback from property line: 3 metres;
(ii) Minimum height: 4 metres at the average finished grade;
(iii) Minimum slope: 3:1;
(iv) The design of the berm will take into account the existing drainage
from the abutting property to the west to ensure that excessive
ponding does not occur as a result of the berm construction;
(v)
The berm is only permitted to be used as planting a row of trees or
a continuous unpierced hedgerow of evergreens and deciduous
trees, not less than 1.5 metres high, along the crest of the berm(s);
the remainder of the strip is only permitted to be used as the
planting of shrubs, flowering shrubs, flower beds or a combination
thereof. The berm will be vegetated with a mix of deciduous and
coniferous native species with a trunk diameter to be determined to
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 311
be satisfactory to the City's Arborist in consultation with the City's
Planner (Parks Development) and Senior Heritage Planner; and
(vi) Minimum vertical clearance for a parking structure or underground
garage is 2.1 metres.
[Note: Former R5-18 and Sections 5 and 15A of former zoning by-law 76-26]
L342.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted Use: In addition to the permitted uses, a Self-Storage use is a
permitted use.
(b) Prohibited Uses: Open Storage associated with a self-storage use is
prohibited.
(c)
Maximum Height: the Maximum height of a self-storage use is 9.2
metres.
[Note: Former C2-68 and Sections 5 and 19 of former zoning by-law 76-26]
L343.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted Uses:
(i)
Manufacturing, assembly, fabricating and processing operations;
(ii) Construction and transportation activities and facility;
(iii) Storage, warehousing and wholesale trade activities;
(iv) Communications and utilities facility;
(v)
Institutional uses with General Industrial characteristics, such as a
trade school;
(vi) Public use; and
(vii) A research and development facility.
(b) Permitted Complementary Uses:
(i)
Office and business services such as printing and equipment repair
intended to serve the General Industrial area;
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 312
(ii) Restaurant;
(iii) Financial institution;
(iv) Personal services and convenience commercial;
(v)
Automotive, heavy equipment or truck repair facility;
(vi) Public and private parks and recreation facilities; and
(vii) Parking lots and structure.
(c)
The following definition applies:
(i)
'A research and development facility' means a place used for
systematic research, data collection and manipulation, or technical
or scientific development of information or new products, and may
include a research laboratory.
(d) For the purposes of interpretation, the lot lines are:
(i)
Front Lot Line: the southern property line abutting Venture Drive is
deemed the front lot line; and
(ii) All other property lines are deemed exterior side lot lines.
(e)
Minimum front yard depth: 10 metres.
(f)
Minimum exterior side yard setback: 10 metres.
(g) Despite (f), the minimum exterior side yard setback along Centennial
Drive is 20 metres.
(h) Maximum building height:
(i)
The maximum building height is 28 metres.
(ii) Despite (i), up to 40% of the ground floor area may have a
maximum building height of 44 metres.
(i)
Minimum parking requirement: 0.65 parking spaces per 100 square
metres of gross floor area.
(j)
Yards in which required parking area permitted: parking area may be
permitted in the front yard and exterior side yard provided that no part of
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 313
any parking area, other than a driveway, is located closer than 7.6 metres
to any street line.
(k)
Yards in which loading facilities permitted: loading facilities may be
permitted in the front yard and exterior side yard provided that no part of
any loading area, other than a driveway, is located closer than 7.6 metres
to any street line.
(l)
Planting Strip:
(i)
No planting strip is required adjacent to the front lot line or the
eastern most exterior side lot line.
(ii) A planting strip is required along the western most and northern
most lot lines in accordance with the provisions of this By-law.
(iii) Despite (ii), the required planting strip along the northern most lot
line must extend a minimum of 200 metres eastward from the
intersection of Centennial Drive and Resource Road.
[Note: Former M1-15 and Sections 5 and 24 of former zoning by-law 76-26]
L344.
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)
single-family dwelling house;
(ii) accessory dwelling house;
(iii) conservation use;
(iv) forestry use;
(v)
home occupation;
(vi) riding stable;
(vii) a public use; and
(viii) any accessory building or structure or accessory use to a permitted
use, in accordance with the provisions of this By-law.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 314
(b) Setback from Flooded Former Quarry: A dwelling house must be setback
a minimum of 40 metres from the flooded portion of the former quarry
which is taken at 96 metres mean sea level.
(c)
Separation of Uses: A dwelling house is not permitted within 83 metres of
the boundary of Exception L84.
(d) Access: The driveway to a dwelling house is not permitted to access
through a lot subject to Exception L84.
[Note: Former A1-19 and Sections 5 and 9 of former zoning by-law 76-26]
L345.
L345 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)
Residential Uses:
(1) Single Detached Dwelling House;
(2) Semi Detached Dwelling House; and
(3) Three, Four or Five Unit Row Dwelling House.
(ii) Non-Residential Uses:
(1) a home occupation; and
(2) a public use.
(b) A maximum of 10% of all row dwelling houses buildings are permitted to
be five unit row dwelling house buildings.
(c)
Density: The minimum number of residential units per net hectare on
land to be used only for dwelling units, excluding roads, parks and other
uses is 23 dwelling units per net hectare.
(d) Lot Area (minimum): Not applicable.
(e)
Lot Frontage: The lot frontage means the horizontal distance between the
side lot lines, such distance being measured along a line which is parallel
to the front lot line at a distance of 6.0 metres from the front lot line.
(f)
Corner Lot (Minimum):
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 315
(i)
Single Detached Dwelling House: 10.9 metres;
(ii) Semi Detached Dwelling House: 17.0 metres;
(iii) Semi Detached Dwelling Unit: 9.6 metres; and
(iv) Row Dwelling House: 9.1 metres.
(g) Other Lot (Minimum):
(i)
Single Detached Dwelling House: 9.1 metres;
(ii) Semi Detached Dwelling House: 14.8 metres;
(iii) Semi Detached Dwelling Unit: 7.4 metres; and
(iv) Row Dwelling House: 6.1 metres.
(h) Front Yard Depth:
(i)
Minimum Depth: 4.5 metres;
(ii) Maximum Depth: 7.0 metres;
(iii) Despite (i) and (ii), where a dwelling includes a covered front porch
the front wall of the main dwelling may be set back a maximum of
9.2 metres front the front lot line, if the covered porch is
constructed between the setbacks of 4.5 metres and 7.0 metres to
the front wall of the main dwelling.
(iv) Despite (i), (ii) and (iii), where the front wall of an attached private
garage containing the opening for vehicular access is located not
more than 6.2 metres from the front lot line and where a dwelling
includes a covered front porch, constructed between the setbacks of
4.5 metres and 7.0 metres to the front wall of the main dwelling, the
front wall of the main dwelling may be set back 3.0 metres from the
front wall of the garage.
(i)
Exterior Side Yard Width (minimum): 2.4 metres.
(j)
Interior Side Yard Width (minimum):
(i)
Single Detached Dwelling House: The minimum aggregate interior
side yard width is 1.8 metres, with no one side yard less than 0.6
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 316
metres in width. Where there is a corner lot on which there is only
one interior side yard, the minimum depth is 0.6 metres;
(ii) Semi Detached Dwelling House: 1.2 metres for a side that is not
attached to another dwelling house; and
(iii) 1.2 metres for a side that is not attached to another dwelling house.
(k)
Rear Yard Depth (minimum): 6.0 metres.
(l)
Lot Coverage (maximum): Not applicable.
(m) Garage:
(i)
Main Entry Feature means a platform, with at least one side open,
covered by either a roof, balcony or enclosed space, with or without
a foundation and/or basement that provide access to the dwelling
unit.
(ii) Main Front Entrance means the door which is designed as the
primary access point into the dwelling unit
(iii) The wall of an attached private garage that contains the opening for
a vehicular access must be set back a minimum of 6.0 metres from
the lot line that the driveway crosses to access the private attached
garage.
(iv) The wall of the attached private garage facing the public street must
not be located more than 3.0 metres closer to the front lot line than
either the main entry feature or main front entrance of the dwelling
unit, except that a corner lot may have the garage located further
than 3.0 metres from the main entry features or main front entrance
of the dwelling unit, provided it is not located closer to the front lot
line than any other part of the dwelling unit.
(n) Driveway Width: The maximum width of a driveway for its entire length is:
(i)
Single Detached Dwelling House: lesser of 6.0 metres or 50% of lot
width;
(ii) Semi Detached Dwelling Unit: lesser of 6.0 metres or 50% of lot
width;
(iii) Row Dwelling House:
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 317
(1) End unit: lesser of 4.0 metres or 50% of lot width; and
(2) Other unit: 3.5 metres.
(o) Parking: Parking is permitted in the interior side and rear yard. Front yard
parking is prohibited except where it is in a driveway leading to a
permitted parking area.
(p) Sight Triangles:
(i)
Within any area defined as a sight triangle, the following uses are
prohibited:
(1) A building, structure or use which would obstruct the vision of
drivers of motor vehicles;
(2) a fence, tree, hedge or other vegetation, the top of which
exceeds 1.0 metres in height above the elevation of the
centerline of the adjacent street;
(3) an uncovered surface parking area; and
(4) a finished grade which exceeds the elevation of the centerline
of the adjacent street by more than 1.0 metres.
(q) Sight triangles are required on a corner lot at all intersections:
(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.
(ii) 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.
(iii) 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.
[Note: Former R2-46 and Sections 5 and 13 of former zoning by-law 76-26]
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 318
L346.
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:
(i)
'Live-work unit' means a purpose built building or structure which
combines space for a permitted non-residential use and a
residential use
(b) Only the following uses are permitted:
(i)
Residential Uses:
(1) Semi Detached Dwelling House; and
(2) Row Dwelling House.
(ii) Non-Residential Uses:
(1) Non-Residential Uses are permitted on the ground floor of a
live-work unit within either a Semi Detached Dwelling House
or a Row Dwelling House;
(2) Artist's or Photographer's Studio;
(3) Bake-shop;
(4) Clinic;
(5) Day Care Facility;
(6) Home Occupation;
(7) Personal Service Shop;
(8) Private art gallery;
(9) Professional Office;
(10) Public use.
(c)
Density: The minimum number of residential units per net hectare on
land to be used only for dwelling units, excluding roads, parks and other
uses is 37.5 dwelling units per net hectare.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 319
(d) Lot Area (minimum): Not applicable.
(e)
Lot Frontage:
(i)
The lot frontage means the horizontal distance between the side lot
lines, such distance being measured along a line which is parallel to
the front lot line at a distance of 6.0 metres from the front lot line.
(ii) Corner Lot (Minimum):
(1) Semi Detached Dwelling House: 17.0 metres;
(2) Semi Detached Dwelling Unit: 9.6 metres; and
(3) Row Dwelling House: 9.1 metres.
(iii) Other Lot (Minimum):
(1) Semi Detached Dwelling House: 14.8 metres;
(2) Semi Detached Dwelling Unit: 7.4 metres; and
(3) Row Dwelling House: 6.1 metres.
(f)
Front Yard Depth:
(i)
Minimum Depth: 4.5 metres.
(ii) Maximum Depth: 7.0 metres.
(iii) Despite (i) and (ii), where a dwelling includes a covered front porch
the front wall of the main dwelling may be set back a maximum of
9.2 metres front the front lot line, if the covered porch is
constructed between the setbacks of 4.5 metres and 7.0 metres to
the front wall of the main dwelling.
(iv) Despite (i), (ii) and (iii), where the front wall of an attached private
garage containing the opening for vehicular access is located not
more than 6.2 metres from the front lot line and where a dwelling
includes a covered front porch, constructed between the setbacks of
4.5 metres and 7.0 metres to the front wall of the main dwelling, the
front wall of the main dwelling may be set back 3.0 metres from the
front wall of the garage.
(g) Exterior Side Yard Width (minimum): 2.4 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 320
(h) Interior Side Yard Width (minimum):
(i)
Semi Detached Dwelling House: 1.2 metres for a side that is not
attached to another dwelling house; and
(ii) Row Dwelling House: 1.2 metres for a side that is not attached to
another dwelling house.
(i)
Rear Yard Depth (minimum):
(i)
Semi Detached Dwelling House: 6.0 metres; and
(ii) Row Dwelling House: 6.0 metres.
(j)
Lot Coverage (maximum): Not applicable.
(k)
Height of Building (maximum): 1-storey with a maximum height of 8.5
metres at the highest point of the building measured from the front
elevation.
(l)
Garage:
(i)
'Main Entry Feature' means a platform, with at least one side open,
covered by a roof, balcony or enclosed space, with or without a
foundation and/or basement that provide access to the dwelling
unit.
(ii) 'Main Front Entrance' means the door which is designed as the
primary access point into the dwelling unit
(iii) The wall of an attached private garage that contains the opening for
a vehicular access must be set back a minimum of 6.0 metres from
the lot line that the driveway crosses to access the private attached
garage.
(iv) The wall of the attached private garage facing the public street must
not be located more than 3.0 metres closer to the front lot line than
either the main entry feature or main front entrance of the dwelling
unit, except that a corner lot may have the garage located further
than 3.0 metres from the main entry features or main front entrance
of the dwelling unit, provided it is not located closer to the front lot
line than any other part of the dwelling unit.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 321
(m) Driveway Width: The maximum width of a driveway for its entire length
must be:
(i)
Semi Detached Dwelling Unit: lesser of 6.0 metres or 50% of lot
width;
(ii) Row Dwelling House:
(1) End unit: lesser of 4.0 metres or 50% of lot width; and
(2) Other unit: 3.5 metres.
(n) Parking:
(i)
Parking is permitted in the interior side and rear yard. Front yard
parking is prohibited except where it is in a driveway leading to a
permitted parking area.
(ii) A minimum of 1 non-residential parking space must be provided for
a live-work unit.
[Note: Former R3-34 and Sections 5 and 14 of former zoning by-law 76-26]
L347.
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)
Residential Uses:
(1) Single Detached Dwelling House; and
(2) Semi Detached Dwelling House.
(ii) Non-Residential Uses:
(1) A home occupation; and
(2) A public use.
(b) Density: The minimum number of residential units per net hectare on
land to be used only for dwelling units, excluding roads, parks and other
uses is 23 dwelling units per net hectare.
(c)
Lot Area (minimum): Not applicable.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 322
(d) Lot Frontage:
(i)
The lot frontage means the horizontal distance between the side lot
lines, such distance being measured along a line which is parallel to
the front lot line at a distance of 6.0 metres from the front lot line.
(ii) Corner Lot (Minimum):
(1) Single Detached Dwelling House: 10.9 metres;
(2) Semi Detached Dwelling House: 17.0 metres; and
(3) Semi Detached Dwelling Unit: 9.6 metres.
(iii) Other Lot (Minimum):
(1) Single Detached Dwelling House: 9.1 metres;
(2) Semi Detached Dwelling House: 14.8 metres; and
(3) Semi Detached Dwelling Unit: 7.4 metres.
(e)
Front Yard Depth:
(i)
Minimum Depth: 4.5 metres;
(ii) Maximum Depth: 7.0 metres;
(iii) Despite (i) and (ii), where a dwelling includes a covered front porch
the front wall of the main dwelling may be set back a maximum of
9.2 metres front the front lot line, if the covered porch is
constructed between the setbacks of 4.5 metres and 7.0 metres to
the front wall of the main dwelling; and
(iv) Despite (i), (ii) and (iii), where the front wall of an attached private
garage containing the opening for vehicular access is located not
more than 6.2 metres from the front lot line and where a dwelling
includes a covered front porch, constructed between the setbacks of
4.5 metres and 7.0 metres to the front wall of the main dwelling, the
front wall of the main dwelling may be set back 3.0 metres from the
front wall of the garage.
(f)
Exterior Side Yard Width (minimum): 2.4 metres.
(g) Interior Side Yard Width (minimum):
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 323
(i)
Single Detached Dwelling House: The minimum aggregate interior
side yard width is 1.8 metres, with no one side yard less than 0.6
metres in width. Where there is a corner lot on which there is only
one interior side yard, the minimum depth is 0.6 metres.
(ii) Semi Detached Dwelling House: 1.2 metres for a side that is not
attached to another dwelling house.
(h) Rear Yard Depth (minimum): 6.0 metres.
(i)
Lot Coverage (maximum): Not applicable.
(j)
Garage:
(i)
Main Entry Feature means a platform, with at least one side open,
covered by either a roof, balcony or enclosed space, with or without
a foundation and/or basement that provide access to the dwelling
unit.
(ii) Main Front Entrance means the door which is designed as the
primary access point into the dwelling unit.
(iii) The wall of an attached private garage that contains the opening for
a vehicular access must be set back a minimum of 6.0 metres from
the lot line that the driveway crosses to access the private attached
garage.
(iv) The wall of the attached private garage facing the public street must
not be located more than 3.0 metres closer to the front lot line than
either the main entry feature or main front entrance of the dwelling
unit, except that a corner lot may have the garage located further
than 3.0 metres from the main entry features or main front entrance
of the dwelling unit, provided it is not located closer to the front lot
line than any other part of the dwelling unit.
(k)
Driveway Width: The maximum width of a driveway for its entire length
must be:
(i)
Single Detached Dwelling House: lesser of 6.0 metres or 50% of lot
width; and
(ii) Semi Detached Dwelling Unit: lesser of 6.0 metres or 50% of lot
width.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 324
(l)
Parking: Parking is permitted in the interior side and rear yard. Front yard
parking is prohibited except where it is in a driveway leading to a
permitted parking area.
(m) Sight Triangles:
(i)
Within any area defined as a sight triangle, the following uses are
prohibited:
(1) A building, structure or use which would obstruct the vision of
drivers of motor vehicles;
(2) a fence, tree, hedge or other vegetation, the top of which
exceeds 1.0 metres in height above the elevation of the
centerline of the adjacent street;
(3) an uncovered surface parking area; and
(4) a finished grade which exceeds the elevation of the centerline
of the adjacent street by more than 1.0 metres.
(ii) Sight triangles are required on a corner lot at all intersections:
(1) 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.
(2) 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.
(n) Where a lot is divided into more than one zone, the zone boundary must
not be 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.
[Note: Former R2-45 and Sections 5 and 13 of former zoning by-law 76-26]
L348.
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 20: Legacy Exceptions - Part 2, Page 325
(a)
Height of Building (Maximum): 11.9 metres.
(b) Off-Street Parking (Minimum):
(i)
Elementary school: 2.1 parking spaces per classroom;
(ii) Secondary school: 4.3 parking spaces per classroom;
(iii) Daycare centre: 2.1 parking spaces per classroom;
(iv) Community room: 10.76 parking spaces per 100 square metres of
gross floor area;
(v)
Offices (cultural centre): 3.57 parking spaces per 100 square metres
of gross floor area; and
(vi) Theatre 10.76 parking spaces per 100 square metres of gross floor
area.
(c)
Despite (b), the off-street parking requirements for the theatre, with a
maximum gross floor area of 720 square metres, may be satisfied through
shared use of the parking facilities described in (b) above. The theatre
must be for the exclusive use of the school during school hours.
(d) A maximum of 20 parking spaces (in the aggregate) are permitted to be
located off-site on an adjacent parcel.
(e)
Parking spaces must have minimum dimensions of 2.6 metres wide by 5.2
metres long.
(f)
Off-Street Accessible Parking:
(i)
Type A accessible parking spaces must have minimum dimensions
of 3.4 metres wide by 5.2 metres long.
(ii) Type B accessible parking spaces must have minimum dimensions
of 2.7 metres wide by 5.2 metres long.
(iii) An accessible aisle with minimum dimensions of 1.5 metres wide by
5.2 metres long, and marked with high tonal contrast diagonal lines,
must be provided adjacent to Type A and Type B accessible parking
spaces. The access aisle may be shared between Type A and Type B
accessible parking spaces.
[Note: Former I-15 and Sections 5 and 17 of former zoning by-law 76-26]
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 326
L349.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Lot Area (minimum): 1.0 hectares.
(b) Setback from 1:100 year floodplain (minimum): 15 metres.
[Note: Former ER-6 and Section 16 of former zoning by-law 76-26]
L350.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
A Park;
(b) A Public walkway;
(c)
A Stormwater management facility; and
(d) A Public use.
[Note: Former OS-23 of former zoning by-law 76-26]
L351.
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:
(i)
Bedroom means any room within a residential unit that is suitable to
be used as a sleeping room under the Ontario Building Code, and
which for greater certainty does not include
(1) Common areas open to all occupants of the unit;
(2) Areas used for sanitary (such as washroom) or cooking
purposes (such as a kitchen); and
(3) Areas occupied by mechanical equipment, such as furnaces,
hot water heaters and laundry equipment.
(b) The use of a cellar as a portion of a dwelling unit or as a habitation unit is
permitted.
(c)
Maximum Number of Dwelling Units: 2.
(d) Maximum Aggregate Number of Bedrooms: 7.
(e)
Off-Street Parking: A minimum of 1 parking space is required.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 327
(f)
Bicycle Parking: A minimum of 6 bicycle parking spaces are required.
[Note: Former A.439 and Sections 5 and 6 of former zoning by-law 8499]
L352.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
The use of a cellar as used as a dwelling unit or as a habitation unit is
permitted.
(b) A maximum of two dwelling units are permitted on the property.
[Note: Former A.434 of former zoning by-law 8499]
L353.
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:
(i)
Bedroom means any room within a residential unit that is suitable to
be used as a sleeping room under the Ontario Building Code, and
which for greater certainty does not include:
(1) Common areas open to all occupants of the unit;
(2) Areas used for sanitary (such as washroom) or cooking
purposes (such as a kitchen); and
(3) Areas occupied by mechanical equipment, such as furnaces,
hot water heaters and laundry equipment
(b) Maximum Number of Dwelling Units: 2.
(c)
Maximum Aggregate Number of Bedrooms: 4.
(d) Off Street Parking:
(i)
Parking is only permitted behind the front wall of the main building;
and
(ii) Parking in a stacked / tandem arrangement is permitted for a
maximum of two parking spaces.
[Note: Former A.446 and Sections 5 and 6 of former zoning by-law 8499]
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 328
L354.
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:
(i)
Bedroom means any room within a residential unit that is suitable to
be used as a sleeping room under the Ontario Building Code, and
which for greater certainty does not include:
(1) Common areas open to all occupants of the unit;
(2) Areas used for sanitary (such as a washroom) or cooking
purposes (such as a kitchen); and
(3) Areas occupied by mechanical equipment, such as furnaces,
hot water heaters, and laundry equipment.
(b) Maximum number of dwelling units: 2.
(c)
Maximum number of bedrooms per dwelling unit: 2.
(d) Minimum front yard setback: 0.2 metres.
(e)
Minimum side yard setback: 0.1 metres.
(f)
The use of a cellar as a portion of a dwelling unit or as a habitation unit is
permitted.
(g) The existing 44.5 square metre garage as of the date of the passing of the
site specific by-law is deemed to comply with the regulations of this By-
law. In the event that the existing garage on the site is demolished, any
new development or re-development must comply with this By-law.
[Note: Former A.450 and Sections 5 and 6 of former zoning by-law 8499]
L355.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Accessory Building existing on the date of passing of the site specific by-
law:
(i)
Minimum Side Yard: 0 metres.
(ii) Maximum Floor Area: 35 square metres.
[Note: Former A.460 and Section 5 of former zoning by-law 8499]
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 329
L356.
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:
(i)
Bedroom means any room within a residential unit that is suitable to
be used as a sleeping room under the Ontario Building Code, and
which for greater certainty does not include
(1) Common areas open to all occupants of the unit;
(2) Areas used for sanitary (such as washroom) or cooking
purposes (such as a kitchen), and
(3) Areas occupied by mechanical equipment, such as furnaces,
hot water heaters and laundry equipment
Despite the foregoing, a bachelor, bachelorette or studio unit are
calculated to contain one bedroom.
(b) The existing building on the date of passing of By-Law Number 2016-97
is only permitted to be converted to a maximum of 2 dwelling units, with
the following requirements:
(i)
Minimum Lot Area: 612 square metres.
(ii) Maximum Number of Dwelling Units: 2.
(iii) Maximum Aggregate Number of Bedrooms: 9.
(iv) Minimum Front Yard Setback: 4.73 metres.
(v)
Minimum Building Depth: 18.33 metres.
(vi) The use of a cellar as a portion of a dwelling unit or as a habitation
unit is permitted.
(vii) Existing Accessory Structure:
(1) Minimum side yard (north): 0.15 metres.
(viii) Access: The second residential unit must have separate access from
that of the principle residential unit. Access must be provided at the
front of the building for the principle residential unit, and at the side
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 330
or rear of the building for the second dwelling unit, where there is a
minimum 0.87 metre wide unobstructed walkway, that does not
impede drainage.
(ix) Off-Street Parking:
(1) Parking in a stacked / tandem arrangement is permitted for a
maximum of two parking spaces.
(2) One parking space must be provided for each dwelling unit.
[Note: Former A.494 and Section 5 of former zoning by-law 8499]
L357.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
For zoning interpretation purposes, the lands subject to this Exception are
considered one lot.
(b) Definitions:
(i)
"Principal Residential Unit" means the main /core structure intended
for human habitation, on a lot.
(ii) "Second Residential Unit" means a legally existing separate dwelling
unit, which is ancillary to a principal residential unit and includes a
separate access, kitchen, washroom and living space.
(c)
Additional Permitted Uses:
(i)
For the dwelling municipally known as 480 Albert Street as of the
date of passing of the site specific by-law, a maximum of 1 Second
Residential Unit is a permitted use within the existing structure.
(d) Prohibited Uses:
(i)
Garden Suite;
(ii) Boarding House;
(iii) Lodging House; and
(iv) Rooming House.
(e)
Second Residential Unit Provisions:
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 331
(i)
The maximum permitted gross floor area of the second residential
unit must not exceed 40% of the gross floor area of the principal
residential unit or 90 square metres, whichever is lesser. Calculations
for gross floor area refers to the total area of each floor, including
finished attic spaces, whether located above, at, or below grade,
measured from the interior of outside walls and including floor area
occupied by interior walls, but excluding:
(1) Floor area occupied by mechanical, service, and electrical
equipment that serve the building;
(2) An open porch or balcony;
(3) Areas internal to the building that are intended for the storage
of vehicles.
(ii) Access: The second residential unit must have separate access from
that of the principal residential unit. Access must be provided at the
front of the building, or at the side or rear of the building where a
minimum 1.2 metre wide unobstructed walkway, that does not
impede drainage, from the front of the lot to the access provided;
(iii) Parking:
(1) Second Residential Unit: 1 parking space.
(f)
Additional Provisions:
(i)
Projections into Yards:
(1) The minimum distance from the front lot line for projections,
above, at, and below finished grade, is 0.0 metres.
(ii) Lot Area:
(1) The minimum lot area is 820.6 square metres.
(iii) Maximum Permitted Building Depth:
(1) For the dwelling municipally known as 480 Albert Street: 16.0
metres from the front lot line;
(2) For the dwelling municipally known as 482 Albert Street: 19.0
metres from the front lot line;
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 332
(iv) Minimum Front Yard Setback:
(1) For the dwelling municipally known as 482 Albert Street: 0.0
metres;
(v)
Accessory Building, Minimum Side Yard Setback:
(1) The minimum side yard setback for an accessory building is 0.3
metres.
(vi) Parking Area:
(1) Maximum Size of a Parking Area: up to 48.6 square metres of
the rear yard may be used as uncovered parking area.
[Note: Former A.562 and Sections 5 and 6 of former zoning by-law 8499]
L358.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum Lot Area: 255 square metres per dwelling unit.
(b) Minimum Exterior Side Yard: 3.5 metres.
(c)
Minimum Rear Yard: 0.3 metres.
(d) Maximum Building Depth: There is no maximum building depth
requirement.
(e)
Projections into Yards: Unenclosed porches, decks, balconies, steps, and
verandas, covered or uncovered, are permitted 2.0 metre from an exterior
side lot line.
[Note: Former A.531 and Sections 5 and 6 of former zoning by-law 8499]
L359.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum Lot Area: 280 square metres per dwelling unit.
[Note: Former A.544 and Sections 5 and 6 of former zoning by-law 8499]
L360.
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 20: Legacy Exceptions - Part 2, Page 333
(a)
Permitted Uses: The permitted uses also include a multiple family
dwelling containing three dwelling units and an accessory dwelling
containing one dwelling unit.
(b) Definitions:
(i)
"Accessory Dwelling" means a subordinate, detached building
located on the same lot as the main building, which is designed
and/or used exclusively for residential occupancy.
(c)
Minimum Lot Area: 185 square metres per dwelling unit.
(d) Minimum Front Yard: 4.5 metres.
(e)
Minimum Side Yard: 2.1 metres (east) and 3.1 metres (west).
(f)
Maximum Residential Building Height: The maximum permitted height of
any exterior wall exclusive of end gable is 8.8 metres.
(g) Maximum Residential Building Depth: 20.1 metres.
(h) Off-Street Residential Parking: 1 parking space per dwelling unit.
(i)
Parking Design Standards: The minimum size of a parking space is 2.6
metres wide and 6.0 metres long.
(j)
Parking Area: Up to 68.4 square metres of the rear yard may be used as
an uncovered parking area.
(k)
Projections into Front Yard: Unenclosed front porches and steps are
permitted to project 2.7 metres out from the main building wall, but not
closer than 1.8 metres to the front lot line.
(l)
Accessory Dwelling Provisions:
(i)
Maximum Building Height: 6.9 metres;
(ii) Maximum Lot Coverage: 10% of the lot area; and
(iii) Location on Lot: An accessory dwelling must be located:
(1) Not less than 1.8 metres from the side yard;
(2) Not less than 7.5 metres from the rear yard; and
(3) No closer to the street than the front of the main building.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 334
(m) Residential Units Fronting on a Street: The accessory dwelling may be
located at the rear of the main building.
[Note: Former A.589 and Sections 5 and 6 of former zoning by-law 8499]
L361.
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, a triplex is also a permitted use
provided that the three residential units are contained within the walls of
the building in existence as of the date of the passing of site specific by-
law Number 2011-120.
[Note: Former A2.405 and Section 8 of former zoning by-law 8499]
L362.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Definitions: the following definition is applicable for this section of the
Zoning By-Law:
(i)
Bedroom: means any room within a residential unit that is suitable
to be used as a sleeping room under the Ontario Building Code, and
which for greater certainty does not include:
(1) Common areas open to all occupants of the unit;
(2) Areas used for sanitary (such as a washroom) or cooking
purposes (such as a kitchen); and
(3) Areas occupied by mechanical equipment, such as furnaces,
hot water heaters and laundry equipment.
A bachelor, bachelorette or studio unit are calculated to contain one
bedroom.
(b) Maximum aggregate total number of bedrooms is 6.
(c)
A second residential unit must have a gross floor area not exceeding 40%
of the gross floor area of the principal residential unit or 90 square
metres, whichever is lesser. Calculations for gross floor area refers to the
total area of each floor, including finished attic spaces, whether located
above, at, or below grade, measured from the interior of outside walls
and including floor area occupied by interior walls, but excluding:
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 335
(i)
floor area occupied by mechanical, service and electrical equipment
that serve the building;
(ii) an open porch or balcony; and
(iii) areas internal to the building that are intended for the storage of
vehicles.
(d) Parking:
(i)
One parking space must be provided for each dwelling unit.
(ii) The required parking may be provided through a tandem or stacked
parking arrangement. The parking space location for the second
residential unit must meet the yard and driveway provisions of the
zone.
(iii) One parking space may be 2.5 by 5.3 metres and located beside the
house.
(e)
An additional driveway is not permitted for a second residential unit.
(f)
The second residential unit must have separate access from that of the
principal residential unit. Access must be provided at the front of the
building, or at the side or rear of the building where a minimum 1.2
metre wide unobstructed walkway, that does not impede drainage, from
the front of the building to the access is provided. The walkway may
extend from the driveway.
(g) A dwelling unit is permitted in a cellar.
[Note: Former A2.455 and Sections 5 or 8 of former zoning by-law 8499]
L363.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted Use:
(i)
In addition to the uses permitted by this By-law, the property is
permitted to be used for a Crisis Care Shelter.
(b) Minimum Separation: Not applicable.
(c)
Minimum Front Yard: 7.0 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 336
(d) Front Yard Parking: Parking facilities may be located in the front yard
space. The parking facility may extend from the front of the house to the
front lot line and be a maximum width of 6.0 metres.
(e)
Projection into Front Yard: A step and covered or uncovered unenclosed
porch may project out from the main building wall not closer than 5.0
metres to the front lot line.
[Note: Former A5.399 and Sections 5 and 11 of former zoning by-law 8499]
L364.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Definitions:
(i)
"Lane" means a private access which affords access within a
property and is not assumed or maintained by a public body.
(b) Permitted Uses:
(i)
Row dwellings;
(ii) Stacked row dwellings;
(iii) Second residential unit is permitted in a row dwelling;
(iv) Parks; and
(v)
Home occupations in accordance with this By-law.
(c)
Lot Frontage (minimum):
(i)
on a lot accessed by a lane: 5.5 metres per unit; and
(ii) on a lot not accessed by a lane: 6.5 metres per unit.
(d) Front Yard Depth (minimum, exclusive of garage):
(i)
on a lot accessed by a lane: 1.5 metres; and
(ii) on a lot not accessed by a lane: 4.5 metres
(e)
Interior Side Yard (minimum):
(i)
interior unit: 0.0 metres; and
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 337
(ii) end unit: 1.2 metres.
(f)
Exterior Side Yard (minimum): 2.4 metres.
(g) Rear Yard (minimum):
(i)
on a lot accessed by a lane: 14.5 metres; and
(ii) on a lot not accessed by a lane: 6.0 metres.
(h) Land Use Buffer Strip: Land within 6 metres of the rear lot line of any
property with frontage on Jean Worrell Crescent must be used for no
other purposes than landscaping or open space.
(i)
Height (maximum): 12.0 metres.
(j)
Density (maximum): 75 units per net hectare.
(k)
Parking:
(i)
Individual driveways are not permitted from McCauley Street.
(ii) For stacked row dwellings, a separate parking lot must be provided
within 60 metres of the stacked row dwelling units for at least 50%
of the required parking.
(iii) Front yard parking is permitted for a row dwelling house that
includes a second residential provided that the required parking for
the residential uses is in a tandem parking alignment.
(l)
At least 70% of the front wall of the first storey of the main building must
be located within 1.5 metres of the building line. The front wall is not
permitted in the minimum required front yard.
(m) A driveway must be a minimum of 6.0 metres long and maximum of 3.5
metres wide regardless of whether access is provided by a public street or
private lane.
(n) Second Residential Unit:
(i)
Second residential units are permitted in row dwellings
(ii) Definitions:
(1) "Principal Residential Unit" means the main / core structure
intended for human habitation on a lot.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 338
(2) "Second Residential Unit" means a legally existing separate
dwelling unit, which is ancillary to a principal residential unit
and includes a separate access, kitchen, washroom, and living
space.
(iii) Second Residential Unit Area: A second residential unit must have a
gross floor area not exceeding 40% of the gross floor area of the
principal residential unit or 90 square metres, whichever is lesser.
Calculations for gross floor area refers to the total area of each floor,
including finished attic spaces, whether located above, at, or below
grade, measured from the interior of outside walls and including
floor area occupied by interior walls, but excluding:
(1) floor area occupied by mechanical, service, and electrical
equipment that serve the building;
(2) an open porch; and
(3) areas internal to the building that are intended for the storage
of vehicles.
(iv) Maximum Second Residential Units per Dwelling House: 1 unit only.
(v)
Access: The second residential unit must have separate access from
that of the principal residential unit. Access must be provided at the
front of the building, or at the side or rear of the building where a
minimum 1.2 metre wide unobstructed walkway from the front of
the building to the access is provided.
(vi) Parking and Driveway:
(1) A second residential unit must have a minimum of 1 parking
space.
(2) An additional driveway is not permitted for a second
residential unit.
(3) Tandem parking is permitted for a row dwelling use with a
second residential unit.
[Note: Former A5.489 of former zoning by-law 8499]
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 339
L365.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted Uses: The permitted uses also include a multiple family
dwelling containing three dwelling units.
(b) Minimum Front Yard: 7.45 metres.
(c)
Minimum Lot Area: 267 square metres per dwelling unit.
(d) Minimum Lot Width: 12.0 metres.
(e)
Off-Street Residential Parking: A minimum of 1 parking space per
dwelling unit must be provided.
(f)
Front Yard Parking: A maximum of 3 vehicle parking spaces are permitted
in the required front yard.
(g) Maximum Driveway Width: 9.3 metres.
(h) Projection into Side Yard: Unenclosed porches and steps are permitted to
project 1.2 metres out from the main building wall, but not closer than
0.95 metres to the side lot line.
[Note: Former A5.598 and Section 11 of former zoning by-law 8499]
L366.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Maximum Height: 9.5 metres.
(b) Minimum Front Yard: 1.0 metre.
(c)
Minimum Side Yard: 1.3 metres.
(d) Maximum Percentage of Lot Coverage: 36%.
(e)
Maximum Density: 77 units per net hectare.
(f)
Parking:
(i)
The minimum size of a parking space is 2.6 metres wide and 5.2
metres long;
(ii) Minimum Number of Entrance / Exit Lanes: 1 only; and
(iii) Minimum Entrance / Exit Lane Width: 5.2 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 340
(g) Regulations for Dwellings with Common Party Walls: For the purpose of
side yard, lot width, lot area, lot coverage, lot occupancy and parking any
building with common party walls are considered as one building
occupying one lot.
[Note: Former B.474 and Sections 5 and 13 of former zoning by-law 8499]
L367.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Additional Permitted Uses: a building with 10 residential dwelling units.
(b) Minimum Front Yard Setback: 3.8 metres.
(c)
Minimum Side Yard: 1.5 metres.
(d) Minimum Aggregate Side Yard: 5.1 metres.
(e)
Maximum Lot Coverage: 36%.
(f)
Maximum Density: 69 units per net hectare.
(g) A density bonus may be applied to permit a density increase to 122 units
per net hectare. The bonus is subject to the property owner entering into
a development agreement with the City, which will establish a high
quality of architectural design and human scale development consistent
with the City's long term vision for the area.
(h) Minimum Play Space: 0.0 square metres.
(i)
Minimum Amenity Area: 408 square metres.
(j)
Required Parking Spaces: 6.
(k)
Projection of Porch and Stairs into Front Yard: 2.7 metres.
(l)
For the purpose of zone interpretation, the lands subject to this Exception
are considered a single parcel.
(m) That the maximum number of bedrooms for a dwelling unit is 4.
(n) Bedroom: means any room within a residential unit that is suitable to be
used as a sleeping room under the Ontario Building Code, and which for
greater certainty does not include:
(i)
Common areas open to all occupants of the unit;
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 341
(ii) Areas used for sanitary (such as a washroom) or cooking purposes
(such as a kitchen); and
(iii) Areas occupied by mechanical equipment, such as furnaces, hot
water heaters and laundry equipment.
[Note: Former B.432 and Sections 5 and 13 of former zoning by-law 8499]
L368.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted Uses: The only permitted uses are as follows:
(i)
One-Family Dwelling;
(ii) Two-Family Dwelling; and
(iii) Three-Family Dwelling.
(b) Maximum Number of Dwelling Units: 3.
(c)
Minimum Side Yard: 2.5 metres.
(d) Minimum Aggregate Side Yard: 7.1 metres.
(e)
Off-Street Parking: One parking space may be located in the driveway in
the front yard.
(f)
Location of Parking: One parking space may be located to the front of the
midway point between the rear and front wall of the main building.
(g) Tandem Parking Space: Tandem parking is permitted in the driveway.
(h) Flood Plain Setback:
(i)
No building or structure is permitted within 6.0 metres of an EPA
Zone, except for one accessory structure of no more than 10 square
metres.
(ii) A maximum of one parking space is permitted within a 6.0 metre
setback of an EPA Zone.
(iii) Bicycle parking may be located within an existing rear yard
accessory building within the EPA Zone.
[Note: Former B.597 and Sections 5 and 13 of former zoning by-law 8499]
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 342
L369.
This Exception only applies to regulate the structures existing as of the date of
passing of the site specific by-law and a 17.8 square metre deck constructed at
the rear. Any new development of the property is required to comply with this
By-law. 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:
(i)
"Neighbourhood Commercial Uses" means small-scale commercial
uses that serve the needs of the adjacent neighbourhood and may
include the following types of uses: general stores, clothing stores,
food stores, drug stores, banks, restaurants and delicatessens, coffee
shops, barber shops, beauty salons, hardware stores, sporting goods
stores, florist, laundromat, dry-cleaning agencies for the receipt and
delivery only of dry-cleaned articles.
(ii) "Professional Office" means a building or part of a building wherein
one or more individuals are employed in the management,
direction, or conducting of any agency, business, brokerage or
labour organization and includes such uses as a doctor's office,
lawyer's office, an architect's office, an engineer's office, office of a
Drugless Practitioner, real estate agency, consulting firm,
communications office, and research business, but does not include
any use otherwise defined in this By-Law. This use class does not
include medical clinics.
(iii) "Drugless Practitioner" means a drugless practitioner within the
meaning of The Drugless Practitioners Act, as amended.
(iv) "Live-Work Unit" means a dwelling unit occupied in conjunction
with an art gallery, an artisan's studio, and/or a permitted,
recreational or commercial use on the subject property.
(b) The permitted uses are limited to:
(i)
Neighbourhood Commercial Uses: provided that these commercial
uses do not occupy a total floor area greater than 165 square
metres on the ground floor;
(ii) Professional Office: provided that this commercial use does not
occupy a total floor area greater than 90 square metres on the
ground floor;
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 343
(iii) Recreational Use: provided that this use does not occupy a total
floor area greater than 90 square metres on the ground floor;
(iv) Live-Work Unit: provided that the art gallery, artisan's studio and/or
the permitted recreational or commercial use associated with the
dwelling unit does not occupy a total floor area greater than 165
square metres on the ground floor;
(v)
One and two family dwellings;
(vi) Multiple family dwellings; and
(vii) Uses permissible in UR5 Zone subject to the provisions of the UR5
Zone.
(c)
Lot lines
(i)
Front Lot lines: The north and east lot lines, abutting Charles and
Montreal Street respectively, are deemed to be the front lot lines.
(ii) Side Lot lines: The south and west lot lines are deemed to be side
lot lines.
(d) Maximum number of dwelling units: 4.
(e)
Off-street parking:
(i)
The minimum number of spaces is 2.
(ii) The minimum required dimensions are 2.6 metres by 5.2 metres.
(iii) Parking spaces may be located closer to the street line than the
nearest wall of the main building.
(f)
Minimum barrier free parking space length: 5.2 metres.
(g) Minimum amenity area: 17 square metres.
[Note: Former B.538 and Sections 5, 6.3 and 13 of former zoning by-law
8499]
L370.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum Front Yard: 5.0 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 344
(b) Minimum East Side Yard: 3.0 metres.
(c)
Maximum Density: 140 dwelling units per net hectare.
(d) Off-Street Parking: A minimum parking ratio of 0.65 spaces per dwelling
unit is required.
(e)
Amenity Area: Amenity areas, if provided as communal space, must be
aggregated into areas of not less than 40 square metres.
[Note: Former B1.580 and Sections 5 and 14 of former zoning by-law 8499]
L371.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
The use of a cellar as a dwelling unit or as a habitation unit is permitted.
(b) Maximum Number of Dwelling Units: 2.
(c)
Minimum side yard (south): 1.1 metres.
(d) Minimum Lot Width: 16.6 metres.
(e)
Maximum Density: 30.5 dwelling units per net hectare.
(f)
Minimum number of parking spaces: 1 space per dwelling unit.
(g) Accessory Structure:
(i)
Minimum distance to main building: 1.2 metres.
[Note: Former B1.524 and Sections 5 and 14 of former zoning by-law 8499]
L372.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Definitions:
(i)
Stacked row dwelling: means a dwelling house containing four or
more principal dwelling units where the units in each pair are
divided horizontally, and the pairs are divided vertically, and in
which each dwelling unit has an independent entrance from the
exterior.
(ii) Height: means the vertical distance measured from the average
grade surrounding the building footprint to the highest point of the
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 345
roof surface in the case of flat roofs or to a point halfway up the
roof in the case of pitched roofs.
(b) Additional Permitted Uses:
(i)
Stacked row dwelling; and
(ii) Row dwelling.
(c)
For the purposes of interpretation, the lot lines are:
(i)
Front Lot Line: The northern property line abutting Barbara Avenue
is deemed the front lot line;
(ii) Rear Lot Line: The southernmost property line is deemed the rear lot
line; and
(iii) Side Lot Line: All other property lines are deemed side lot lines.
(d) Minimum Front Yard: 3.5 metres.
(e)
Minimum Rear Yard: 30 metres.
(f)
Minimum Side Yard: 3.0 metres.
(g) Despite (f), the minimum side yard requirement for the easternmost
portion of the easterly side yard is 15.0 metres.
(h) Maximum Height: 10.0 metres.
(i)
Maximum Number of Dwelling Units: 16.
(j)
Play Space requirement: 0.0 square metres.
(k)
Maximum Number of Dwelling Units per Building: 16.
(l)
Off-Street Parking:
(i)
Parking facilities must be provided on the same lot and may be
located in all yards but must not be located closer to any property
line than 3.0 metres.
(ii) Within the 3.0 metre front yard setback there must be trees, hedges
or ornamental fencing for the purpose of screening the surface
parking from Barbara Avenue.
(m) Bicycle Parking
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 346
(i)
Minimum Bicycle Parking Space dimension is 1.8 metres in length by
0.3 metres wide and a minimum overhead vertical clearance of 2.1
metres
(n) The former provisions of Section 5.22(c) of former zoning by-law 8499
apply to stacked row dwellings.
[Note: Former B2.509 and Sections 5 and 15 of former zoning by-law 8499]
L373.
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:
(i)
Amenity Area: The area situated within the boundaries of any
residential development site intended for recreational purposes, and
may include landscaped open space, patios, private amenity areas,
balconies, communal lounges, swimming pools, children's play
areas, and similar uses, but does not include any area occupied at
grade by a building's service areas, parking areas, parking aisles, or
driveways.
(ii) Bedroom: means any room within a residential unit that is suitable
to be used as a sleeping room under the Ontario Building Code, and
which for greater certainty does not include:
(1) Common areas open to all occupants of the unit;
(2) Areas used for sanitary (such as a washroom) or cooking
purposes (such as a kitchen); and
(3) Areas occupied by mechanical equipment, such as furnaces,
hot water heaters and laundry equipment.
(b) Additional Permitted Uses include: mixed commercial/residential use.
(c)
Prohibited Uses include: a hotel/motel use, a marina use, sales room or
yards for motor vehicles; including automotive service stations; and
automotive repair shops that install and service previously manufactured
parts.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 347
(d) The following provisions apply to a mixed use building and an apartment
building:
(i)
Maximum residential density is 305 Units per hectare.
(ii)
Maximum number of residential units: 36.
(iii)
Minimum Interior side yard setback is 3.0 metres.
(iv)
Permitted Encroachments:
(1) No portion of the building, including but not limited to
footings, weeping system, eaves and downspouts are
permitted to encroach into the City's right-of-way.
(2) An access stairwell is permitted to encroach a maximum of 1.5
metres into the interior side yard.
(3) An awning with a vertical clearance of 2.1 metres is permitted
to encroach a maximum of 2 metres into the interior side yard.
(v)
Minimum setbacks:
(1) From Princess Street and Nelson Street is 0.0 metres.
(2) From the southerly property line to the face of the building is
6.0 metres.
(vi)
Maximum lot coverage is 100%.
(vii)
Maximum Building Height: 21.55 metres to top of structure.
(viii) Maximum number of storeys: 5.
(ix)
Average number of bedrooms per unit must not exceed 3.3.
(x)
Maximum number of bedrooms per dwelling: 4.
(xi)
The minimum size of a parking space is 2.6 metres wide and 5.2
metres long.
(xii)
The minimum width of a drive aisle adjacent to a parking space is
6.1 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 348
(xiii) Minimum number of residential parking spaces is 20 inclusive of
one accessible stall. A Visitor Space is not required.
(xiv) A home occupation shall not be required to provide parking. A
Commercial use located on the ground floor shall not be required
to provide vehicular parking otherwise required under Section 7 of
this By-Law.
(xv)
Minimum vertical clearance for a barrier free parking space height
is 2.1 metres.
(xvi) Minimum Bicycle Parking Dimensions are 1.8 metres x 0.3 metres
and a minimum overhead clearance of 2.1 metres.
(xvii) Minimum amenity area: 312 square metres.
(xviii) Minimum play area: 0.0 square metres.
(xix) Loading bay is not required.
(xx)
Balconies below the fourth storey are prohibited in yards that
directly abut Princess or Nelson Streets.
(xxi) Short term/long term bike parking requirements:
1.
A total of 32 short-term bike stalls are required.
2.
The minimum width of a walkway for short-term bike stalls is
1.1 metres.
3.
A total of 5 long-term bike stalls are required.
4.
Long-term bike spaces may be provided as vertical spaces
and may be provided within an amenity area.
[Note: Former C.397 and Sections 5 and 20 of former zoning by-law 8499]
(By-Law Number 2022-62; 2023-74)
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 349
L374.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted Commercial Use: Commercial School.
(b) Minimum number of off-street parking: 99 spaces.
(c)
Minimum number of off-street accessible parking spaces: 3.
[Note: Former C.409 and Section 20 of former zoning by-law 8499]
L375.
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:
(i)
"Bedroom" means any room within a residential unit that is suitable
to be used as a sleeping room under the Ontario Building Code, and
which, for greater certainty, does not include:
(1) Common areas open to all occupants of the unit;
(2) Areas used for sanitary (such as a washroom) or cooking
purposes (such as a kitchen); and
(3) Areas occupied by mechanical equipment, such as furnaces,
hot water heaters and laundry equipment.
(b) Minimum Front Yard Setback:
(i)
A maximum of 55% of the front wall of the building facing
Frontenac Street is to be set back at least 0.79 metres from the front
lot line;
(ii) A minimum of 45% of the front wall of the building facing Frontenac
Street is to be set back at least 2.25 metres from the front lot line;
and
(iii) Along Frontenac Street decorative fencing or planting is required to
be provided between the sidewalk and any bedroom window to
restrict access to the area within the required setback.
(c)
Minimum Interior Side Yard Setback (South): 2.0 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 350
(d) Minimum Interior Side Yard Setback (North): 6.8 metres.
(e)
Minimum Aggregate Side Yard Width: 9.0 metres.
(f)
Minimum Rear Yard Setback: A maximum of 70% of the rear wall of the
building is to be set back at least 5.5 metres from the rear lot line. The
rear wall of the building facing into the interior courtyard must have a
minimum rear yard setback of 30 metres.
(g) Projections into Rear Yard: On the north wing of the building, a stairwell
having a maximum width of 8.6 metres is permitted to encroach up to 3.0
metres into the rear yard.
(h) Maximum Building Height: 16.9 metres, except:
(i)
The maximum permitted building height is 13.5 metres for the 10-
metre-wide portion of the building abutting the north side yard, for
a minimum depth of 22 metres.
(i)
Balconies, excluding Juliet style window openings, below the third storey
facing Frontenac Street are prohibited.
(j)
Maximum Number of Bedrooms Per Dwelling Unit: 4.
(k)
Maximum Average Number of Bedrooms per Dwelling Unit: 2.24
bedrooms per dwelling unit.
(l)
Maximum Number of Dwelling Units: 99.
(m) A dwelling unit(s) is permitted in a cellar.
(n) Maximum Aggregate Number of Bedrooms: 222.
(o) Maximum Density: 272 dwelling units per hectare.
(p) Maximum Lot Occupancy: 285%.
(q) Maximum Lot Coverage: 60%.
(r)
Minimum Number of Residential Parking Spaces: 0.67 spaces per dwelling
unit.
(s)
Minimum Overhead Clearance for an Accessible Parking Space: 2.1
metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 351
(t)
Minimum Dimensions of Standard Parking Spaces (Excluding Accessible
Parking Spaces): 2.6 metres x 5.2 metres, with a minimum drive aisle
width of 6.0 metres
(u) A 1.8-metre-high privacy fence must be erected and maintained along
the rear and south property line and a 1.8-metre-high masonry wall must
be constructed and maintained along the northern property line. The
fence and the wall must visually block viewing into abutting properties.
(v)
Bicycle Parking:
(i)
A vertical bicycle parking area may also be provided, which is
defined as an area:
(1) Minimum 0.6 metres wide, 1.8 metres tall and 1.0 meter in
depth.
(2) With access either directly, or by way of an aisle, sidewalk or
ramp, to a public or private lane or to a street without the
necessity of moving any vehicle.
(3) Secured and covered from weather elements.
(4) Contain a convenient and secure mounting system for a
bicycle with the ability to use an anti-theft system such as a
chain and lock.
(ii) Required bicycle parking spaces are not permitted in a dwelling unit
and will be located at or below grade.
(iii) A vertical bicycle parking space may be located within the area of a
required parking space for a motor vehicle where both spaces are
assigned to the same dwelling unit.
[Note: Former B3.452 and Sections 4, 5 and 16 of former zoning by-law 8499]
L376.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
For the purpose of interpretation, the lands subject to this Exception are
considered one lot.
(b) Maximum Building Height
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 352
(i)
No part of any building is permitted to exceed the height limits (in
metres) as shown on Figure L376.
(ii) The height limits identified in (i) do not apply to prevent the
erection of decorative, functional, or mechanical elements approved
by the City in writing through the Site Plan Control process.
(c)
Required Yards/Setbacks
(i)
The minimum setbacks must be as shown on Figure L376 with a
maximum variance of 5% on noted dimensions.
(ii) The setbacks identified in (i) do not apply to prevent the erection of
decorative or architectural detailing (e.g. banding, solar shading,
awnings) approved by the City in writing through the Site Plan
Control process.
(d) Maximum Number of Dwelling Units per Building:
(i)
15 McDonald Avenue: 4;
(ii) 21 & 27 McDonald Avenue: 6; and
(iii) 60 & 62 Baiden Street: 6.
(e)
Off-Street Parking
(i)
A minimum of 1 parking space per dwelling unit is required.
(ii) The minimum size of a standard parking space is 2.7 metres wide by
5.2 metres long.
(iii) The minimum size of a Type A barrier free parking space is 3.4
metres wide by 5.2 metres long.
(iv) The minimum size of a Type B barrier free parking space is 2.7
metres wide by 5.2 metres long.
(v)
The minimum size of a required access aisle adjacent to a barrier
free parking space is 1.5 metres wide by 5.2 metres long.
(f)
Vehicle Parking Location
(i)
15 McDonald Avenue: A barrier free parking space is permitted no
closer than 0.8 metres to the McDonald Avenue street line. All other
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 353
parking spaces must be located no closer than 10 metres to the
McDonald Avenue street line.
(ii) 21 & 27 McDonald Avenue: Vehicular parking must be located no
closer than 11 metres to the McDonald Avenue street line, and must
be located no closer than 9 metres to the Baiden Street street line.
(iii) 60 & 62 Baiden Street: Vehicular parking must be located no closer
than 14 metres to the Baiden Street street line.
(g) Bicycle Parking
(i)
The minimum width of a required bicycle parking space is 0.3
metres.
(ii) Vertical bicycle parking stalls must have minimum dimensions of 0.3
metres wide, 1.8 metres tall, and 1.0 metre deep.
[Note: Former B3.578 and Sections 4, 5 and 16 of former zoning by-law 8499]
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 354
Figure L376
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 355
L377.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted uses also include a medical or dental office or clinic.
(b) There is no maximum floor area requirement for office uses.
(c)
The minimum number of required parking spaces is 117, of which a
minimum of 4 parking spaces must be barrier-free.
[Note: Former C2.218 and Sections 5.3 and 22 of former zoning by-law 8499]
L378.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
The permitted uses also include:
(i)
art gallery, artisans workshops, artisan/residential loft, bakery,
bakeshop, bank or financial establishment, bed and breakfast
establishment, catering establishment, computer programming
establishment, commercial entertainment establishment,
commercial establishment, commercial recreation facility,
commercial school, day care centre, drugstore-pharmacy, florist,
government office, laboratory, office, parking lot, marine supply
establishment, medical clinic, medical office, parking structure,
photo or artist studio, personal service establishment, private social
or cultural facility, public market, mixed commercial/residential
development, radio or television studio, restaurant, restaurant-
outdoor patio, restaurant-take-out, specialty retail store, and
storage lockers.
(b) 8 Cataraqui Street - Commercial / Residential Use:
(i)
The maximum permitted number of residential dwelling units is 50.
(ii) The maximum permitted height of the building is 99.7 metres
geodetic.
(iii) The maximum ground floor area is 860 square metres.
(iv) The maximum gross floor area is 5000 square metres.
(v)
The total number of parking spaces for the residential component is
1 space per dwelling unit.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 356
(vi) A minimum 3 metre wide strip of land must be provided adjacent
and running parallel to the Wellington Street extension which must
function as a landscaped buffer strip. This strip must include a mix
of the following design elements, ornamental lighting, deciduous
tree plantings, berming, and ornamental brick walls in keeping with
materials and design elements on the Woolen Mill site.
(c)
2-6 Cataraqui - Residential Use:
(i)
Subject to the provisions of the former 'B1.207' Zone in former
zoning by-law 8499.
(d) Cataraqui Street:
(i)
The minimum setback for any building or structure located on the
subject lands is 90 metres from Cataraqui Street.
[Note: Former C1.318 and Section 21.2 of former zoning by-law 8499]
L379.
This Exception only applies to regulate the uses within the structure existing as
of the date of passing of the site specific by-law. Any new development of the
property is required to comply with this By-law. Despite anything to the
contrary in this By-law, the following provisions apply to the lands subject to
this Exception:
(a)
Permitted Residential Uses:
(i)
Two accessory dwelling units provided that such dwelling units are
located within the existing commercial structure as of the date of
passing of the site specific by-law.
(b) Permitted Non-Residential Uses are Neighbourhood commercial uses
providing a range of convenience retail and service uses, including:
(i)
Convenience store, Food store of less than 223 square metres, Retail
store, Laundromat, Pick-up / drop-off drycleaners, Take-out
restaurant, Restaurant, Coffee shop, Bakery or bake shop, Florist,
Consumer service and repair shop (for example, small appliance /
computer repair service, etcetera), Offices for or in connection with a
business or profession, Medical office, Banks or financial institutions,
Drug store, Delicatessen, Accessory buildings to any permitted use,
Personal services shop (for example, Hairdresser, barber, esthetician,
etcetera) and Copy centre.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 357
(c)
Non-Residential Uses within existing structure:
(i)
Maximum Gross Leasable Area: 246 square metres.
(ii) Are permitted on the ground floor only.
(d) Minimum Rear Yard for existing structure: 3.85 metres
(i)
New development must comply with this By-law.
(e)
Parking:
(i)
Existing Parking in the front yard is permitted in accordance with the
Amendment to Streets By-Law Number 2004-190, approved by
council on December 1, 2015.
(ii) If the existing building on the property is demolished and the site is
redeveloped, all parking is required to be provided on site and must
not encroach into the municipal right of way.
(iii) Non-Residential Parking Spaces:
(1) Minimum number of parking spaces: 1 per 35 square metres;
(2) 1 non-residential parking space must be provided completely
on-site; and
(3) Minimum of 1 barrier free parking.
(iv) No loading space is required.
(v)
Residential Parking Spaces:
(1) Minimum of 1 parking space per dwelling unit.
[Note: Former C1.487 and Sections 5 and 21 of former zoning by-law 8499]
L380.
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, the permitted uses also include a
physiotherapy clinic with a maximum floor area of 700 square metres.
(b) The Maximum Building Height for the physiotherapy clinic is 2 storeys.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 358
(c)
The minimum required side yard on the east side of the building is 4.4
metres.
(d) The minimum number of off-street parking spaces for the physiotherapy
clinic must be in accordance with this By-law. The maximum number of
off-street parking spaces for the physiotherapy clinic is 24.
[Note: Former C2.302 and Sections 5.3 and 22.3 of former zoning by-law
8499]
L381.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
A maximum of 1 dwelling unit is permitted provided it is located within
the walls of the building in existence on the property on the date of
passing of the site specific by-law.
(b) The minimum required front yard is 9.7 metres. An unenclosed wheelchair
ramp is permitted within the required front yard.
(c)
The minimum side yard on the east side of the existing building and any
additions thereto is 3.75 metres. In addition to a driveway, parking spaces
may also be located within this side yard.
(d) The minimum number of required off-street parking spaces for the
chiropractor's clinic and 1 residential unit is 6.
(e)
In the event that the existing building on the site is removed, new
development must comply with this By-law.
[Note: Former C2.309 of former zoning by-law 8499]
L382.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
All buildings/structures must fit within a 70 degree angular plane taken
from the rear property line, with the exception of all buildings/structures
within 3.7 metres of the North West (side) property line which must fit
within a 65 degree angular plane taken from the rear property line.
However, this does not prevent the erection of structures, such as guard
rails, required for public safety or building maintenance.
(b) Minimum Rear Yard: 3.4 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 359
(c)
Residential parking may be located on a developed lot not more than 75
metres from the lot upon which the building is situated.
(d) Maximum Number of Dwelling Units: 3.
(e)
Maximum Aggregate Number of Bedrooms: 15.
(f)
Amenity Area
(i)
Definition: "Amenity Area" means an outdoor area exterior to the
residential building, or interior area common to all residential units
within a residential building, which is designed and intended
primarily for the leisure and recreation of the occupants of the
building.
(ii) Minimum amenity area: 54 square metres.
(iii) Amenity areas, or any part thereof, must be designed and located so
that the length does not exceed 4 times the width.
(iv) Amenity areas, if provided as communal space, must be aggregated
into one area or grouped into areas of not less than 54 square
metres.
[Note: Former C4.514 and Sections 5 and 23 of former zoning by-law 8499]
L383.
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:
(i)
Bedroom means any room within a residential unit that is suitable to
be used as a sleeping room under the Ontario Building Code, and
which for greater certainty does not include
(1) Common areas open to all occupants of the unit;
(2) Areas used for sanitary (such as washroom) or cooking
purposes (such as a kitchen); and
(3) Areas occupied by mechanical equipment, such as furnaces,
water heaters and laundry equipment.
(b) Maximum Number of Dwelling Units: 2.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 360
(c)
Maximum Aggregate Number of Bedrooms: 8.
(d) Minimum Lot Area for a Two Unit Dwelling: 417 square metres.
[Note: Former E.441 and Section 17 of former zoning by-law 8499]
L384.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Prohibited Uses:
(i)
Accessory dwelling house;
(ii) Accessory dwelling unit; and
(iii) Mobile home.
(b) A camping ground use is defined as "an area used for a range of
overnight camping experiences, from tenting to serviced travel trailer
sites, including accessory uses, such as administration offices, but not
including the use of mobile homes or trailers on a year round basis".
(c)
No person is permitted to reside in or use or occupy any travel trailer
from January 1 to March 31, inclusive of any year.
(d) Minimum setback from the high water mark for any building or structure
is 30 metres.
[Note: Former CT-7 of former zoning by-law 32-74]
L385.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Definitions:
(i)
"Amenity Area" means an outdoor area exterior to the residential
building, or interior area common to all residential units within a
residential building, which is designed and intended primarily for
the leisure and recreation of the occupants of the building.
(b) Lot Lines:
(i)
Side Lot Lines: The western and eastern lot lines are deemed side lot
lines.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 361
(ii) Rear Lot Line: The southern lot lines that abut the properties
fronting on Durham Street are deemed rear lot lines.
(c)
Ground Floor Height (minimum): 4.5 metres.
(d) A 32 square metre expansion at the northwest frontage of the property
along Princess Street is permitted to have the same floor to ceiling height
as the existing building.
(e)
Accessory Structures:
(i)
Minimum Rear Yard: 0 metres.
(f)
Parking:
(i)
Required Parking Spaces:
(1) Residential: 0.5 parking spaces per dwelling unit;
(2) Commercial: 1 parking space for every 150 square metres of
gross leasable area;
(ii) The minimum size of a parking space is 2.6 metres wide by 5.2
metres long; and
(iii) Parking and loading are permitted in the yard abutting Toronto
Street.
(g) Amenity Area:
(i)
Amenity areas must be provided at a rate of 10 square metres per
dwelling unit;
(ii) Amenity areas, or any part thereof, must be designed and located so
that the length does not exceed 4 times the width;
(iii) Amenity areas, if provided as communal space, must be aggregated
into one area or grouped into areas of not less than 54 square
metres; and
(iv) No play space is required.
[Note: Former C4.486 and Sections 4, 5 and 23C of former zoning by-law
8499]
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 362
L386.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted uses also include:
(i)
Professional office;
(ii) Education centre;
(iii) Commercial school.
(b) Permitted complementary uses, which must not occupy an area which is
greater than 25% of the total floor area of the building(s) on the lot,
include:
(i)
Retail store;
(ii) Bank or financial institution;
(iii) Recreational use;
(iv) Sports training and treatment centre;
(v)
Veterinary clinic;
(vi) Medical office;
(vii) Medical clinic;
(viii) Dental office;
(ix) Personal service shop;
(x)
Restaurant; and
(xi) Coffee or bakery shop.
(c)
No landscaped area is required adjacent to the side or rear lot lines.
[Note: Former M9.546 and 31B of former zoning by-law 8499]
L387.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Definition:
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 363
(i)
"Gross Floor Area" means the total area of each floor whether
located above, at or below grade, measured from the interiors of
outside walls and including floor area occupied by interior walls and
floor area created by bay windows, but excluding;
(1) floor area occupied by shared mechanical, service and
electrical equipment that serve the building;
(2) common hallways; corridors; stairwells, elevator shafts and
other voids; steps and landings;
(3) bicycle parking; motor vehicle parking or loading facilities;
(4) common laundry, storage and washroom facilities that serve
the building or tenants;
(5) common storage areas that are accessory to the principal use
of the building; and
(6) common amenity area and play areas accessory to a principal
use on the lot.
(b) Prohibited Uses:
(i)
Gasoline Retail Facility
(c)
Additional Permitted Uses:
(i)
Bank or Financial Institution
(ii) Clinic
(d) An Outdoor Seasonal Display and Sales Area is permitted subject to the
following provisions:
(i)
An area set aside outside of and adjacent to a building or structure
which is used in conjunction with a business located on the same
lot, to be used for the display or retail sales of seasonal product or
new merchandise provided such area:
(1) Is seasonal in nature and does not include a permanent
retailing area; and,
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 364
(2) Is not located within a fire lane, a parking area or loading
space required to fulfill the provisions of the Zoning By-law, or
a driveway or passageway which provides an access route for
vehicular traffic across the lot or to an improved street which
abuts the lot.
(e)
Rear Yard Depth (minimum): 7.5 metres.
(f)
Planting Strip (minimum): A planting strip with a minimum width of 3
metres is required along the front and exterior side yards and is only
permitted to be used as the planting and maintenance of trees, hedges,
shrubs, flower beds, grass or a combination thereof.
(g) Open Storage: Prohibited.
(h) Parking: 1 parking space per 23.25 square metres of gross floor area.
(i)
Drive-through Service Facility:
(i)
A drive-through service facility is permitted 3.0 metres from the lot
line abutting Waterside Way.
(ii) No drive-through service facility is permitted within 50 metres of a
residential lot line directly abutting this Exception.
[Note: Former C-8 and Sections 5 and 15 of former zoning by-law 32-74]
L388.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Definitions:
(i)
"Height" means the vertical distance between the lowest exposed
ground level adjacent to a building and the highest point of the
building proper, exclusive of any accessory roof construction such as
a chimney.
(ii) "Height to Eave" means the vertical distance between the finished
floor level of the storey immediately above a basement or cellar and
the point at which the eave meets the exterior wall.
(b) Uses:
(i)
The only permitted use is a single family dwelling house.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 365
(ii) Flag poles, television antennae, satellite dishes, and similar radio
and microwave antennae are not permitted.
(c)
Minimum Lot Area: 670 square metres.
(d) Minimum Lot Frontage: 15 metres.
(e)
Minimum Front Yard Depth: 1.2 metres.
(f)
Minimum West Side Yard Width: 10 metres.
(g) Minimum East Side Yard Width: 4.8 metres.
(h) Minimum Rear Yard Depth: 1.8 metres.
(i)
Minimum Water Setback: 10.0 metres.
(j)
Minimum Setback: 6.0 metres plus the minimum required front yard
depth.
(k)
Yards For Accessory Buildings And Structures/Location Of Accessory
Buildings And Structures:
(i)
No accessory building or structure is permitted within 6 metres of
the north lot line, or within 4.8 metres of the east lot line, or within
10 metres of the west lot line, or within 3 metres of the south lot
line.
(ii) No detached accessory building or structure is permitted closer than
1.2 metres to a main building.
(iii) The existing 2.0 square metre shed at the northeast corner of the
property must comply with the following provisions:
(1) East Lot Line Setback: 0 metres;
(2) North Lot Line Setback: 1 metre; and
(3) Any alteration, addition or reconstruction of the shed must
comply with this By-law.
(l)
Lot Coverage:
(i)
exclusive of accessory buildings and structures, attached garages
with or without dwelling space below or above, steps, unenclosed
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 366
porches, verandahs, balconies, decks, and patios (maximum): 144.2
square metres;
(ii) accessory buildings and structures, including attached garages with
or without dwelling space below or above (maximum): 28 square
metres;
(iii) steps; unenclosed porches; verandahs; balconies; and decks and
patios more than 0.6 metres above the lowest ground level adjacent
to the deck or patio (maximum): 45 square metres; and
(iv) decks and patios not more than 0.6 metres above the lowest ground
level adjacent to the deck or patio (maximum): 45 square metres.
(m) Minimum Landscaped Open Space: 50%.
(n) Height:
(i)
Maximum Height of Buildings: 8.6 metres.
(ii) Height To Eave (maximum): 5.0 metres.
(o) Roof Slope: All dwelling units must have sloping roofs.
(p) Maximum Dwelling Houses per Lot: 1.
(q) Driveways and Parking:
(i)
Location of Driveway: A driveway may be located anywhere on a lot
provided it is not located within 10 metres of the west lot line or
within 6 metres of the north lot line or within 1 metre of the east lot
line.
(ii) Access/Width of Driveway:
(1) (maximum): 6.0 metres; and
(2) (minimum): 3.0 metres.
(iii) Maximum Number of Driveways: 1.
(iv) Location of Parking Spaces: A parking space is permitted anywhere
on a lot provided it is not located within 10 metres of the west lot
line or within 6 metres of the north lot line or within 1 metre of the
east lot line. Nothing prevents the establishment of a required
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 367
parking space directly behind or directly in front of another required
parking space.
(r)
Yard Encroachments:
(i)
Stairs Above Grade: May project into any required yard a maximum
distance of 1.2 metres from the principal structure, provided they
are no closer than 1.2 metres to any lot line.
(ii) Stairs At Grade: May be located in any required yard, provided they
are no closer than 0.6 metres to any lot line.
(iii) Uncovered Patios And Uncovered Decks: Uncovered patios and
uncovered decks which have a finished elevation, exclusive of
handrails and other such appurtenances, not more than 0.6 metres
above the finished grade of the said uncovered patio or uncovered
deck, may be located in any required yard, provided the following
maximum lot coverage and minimum setback requirements are
maintained:
(1) Lot Coverage (maximum) 18%
(2) West Lot Line Setback (minimum) 5 metres
(3) North Lot Line Setback (minimum) 6 metres
(4) East Lot Line Setback (minimum) 4.8 metres
(5) South Lot Line Setback (minimum) 1.2 metres(z)
(s)
Minimum Elevation: No dwelling house is permitted with a floor elevation
below 76.6 metres (Canadian Geodetic Datum).
[Note: Former R1-35 and Sections 5 and 9 of former zoning by-law 32-74]
L389.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Additional Permitted Uses:
(i)
A Second Residential Unit.
(b) Prohibited Uses:
(i)
Garden Suite;
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 368
(ii) Boarding House; and
(iii) Lodging House.
(c)
Lot Area (minimum): 270 square metres.
(d) Lot Frontage:
(i)
Minimum: 9.15 metres; and
(ii) Lot Frontage Measurement: Lot frontage is measured between the
side lot lines at a distance of 7.5 metres from the front lot line.
(e)
Front Yard Depth (minimum) 3.0 metres.
(f)
Interior Side Yard Width (minimum): 1.2 metres on one side, 0.6 metres
on the other, except for the following:
(i)
on a lot where there is no attached private garage or attached
carport, the minimum interior side yard width is 2.4 metres on one
side and 1.2 metres on the other.
(g) Rear Yard Depth (minimum): 7.4 metres.
(h) Dwelling Unit Area:
(i)
Principal Residential Unit (minimum): 93 square metres.
(ii) Second Residential Unit: A second residential unit must have a gross
floor area not exceeding 40% of the gross floor area of the principal
residential unit or 90 square metres, whichever is lesser. Calculations
for gross floor area refers to the total area of each floor, including
finished attic spaces, whether located above, at, or below grade,
measured from the interior of outside walls and including floor area
occupied by interior walls, but excluding:
(1) floor area occupied by mechanical, service, and electrical
equipment that serve the building;
(2) an open porch or balcony; and
(3) areas internal to the building that are intended for the storage
of vehicles.
(i)
Landscaped Open Space (minimum): 30%.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 369
(j)
Lot Coverage (maximum): 48%.
(k)
Height Of Building (maximum): 10.5 metres.
(l)
Dwelling Houses Per Lot (maximum): 1 only.
(m) Second Residential Units Per Dwelling House (maximum): 1 only.
(n) Access: The second residential unit must have separate access from that
of the principal residential unit. Access must be provided at the front of
the building, or at the side or rear of the building where a minimum 1.2
metre wide unobstructed walkway from the front of the building to the
access is provided.
(o) Accessory Uses, Parking Etc:
(i)
An additional 20 square metres of lot coverage is permitted for only
unenclosed porches, balconies, ramps or steps located in a front
yard.
(ii) Required parking must be provided for the second residential unit.
The required parking may be provided through a tandem or stacked
parking arrangement. The parking space location for the second
residential unit must meet the yard and driveway provisions of the
zone.
(iii) An additional driveway is not permitted for a second residential unit.
(p) Garage Location: No garage, either attached or detached from the
dwelling, is permitted closer than 6.0 metres to the front lot line.
[Note: Former R4-6 and Section 11A of former zoning by-law 32-74]
L390.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
All residential uses are prohibited.
[Note: Former A2-33 and Sections 5 and 24 of former zoning by-law 32-74]
L391.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Retirement Home Suite is defined as habitable space designed for living
and sleeping consisting of studios, one or two bedrooms, private
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 370
bathroom and separate entrance from a common hall, and a kitchenette
which may include convenience facilities such as a bar fridge and
microwave oven, but without full cooking facilities.
(b) For the purposes of zoning interpretation, all lands subject to this
Exception are considered one lot.
(c)
Two-unit townhouse dwellings are a permitted use, in accordance with
the former provisions of the 'MDR' zone of former zoning by-law 97-
102, with the exception that the minimum lot frontage is 7 metres for
each parcel and the maximum height is 17 metres.
(d) A gas bar is a prohibited use.
(e)
The maximum number of residential dwelling units is 563, including a
maximum of 22 townhouse dwelling units.
(f)
With the exception of the townhouse building, a commercial use is
permitted on the ground floor of any building. For buildings that abut
Cataraqui Woods Drive, ground floor commercial is mandatory and must
comprise no less than 70% of the ground floor.
(g) A retirement home is a permitted use, subject to the following provisions:
(i)
The maximum permitted height of a retirement home is 17 metres
at the required setback.
(ii) For the purpose of calculation of dwelling units, 1 retirement home
suite equals 0.5 dwelling units.
(h) Apartment Buildings and Multiple Unit Buildings with no non-residential
uses, the following provisions apply per parcel.
(i)
The minimum required front yard is 3 metres.
(ii) The minimum required exterior side yard is 3 metres.
(iii) The minimum required interior side yard is 0 metres.
(iv) The minimum required rear yard is 0 metres.
(v)
The maximum height is 53 metres or 14 storeys, except for buildings
abutting Centennial Drive, in which case the maximum height is 17
metres at the required setback.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 371
(i)
Apartment Buildings and Multiple Unit Buildings with non-residential
uses in the first storey and non-residential buildings abutting Cataraqui
Woods Drive, the following provisions apply per parcel.
(i)
The minimum required lot frontage is 50 metres.
(ii) The minimum required rear yard is 5 metres.
(iii) The maximum height is 26 metres.
[Note: Former MU1*20 of former zoning by-law 97-102]
L392.
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 the only permitted uses:
(i)
Residential Uses
(1) a detached single unit dwelling house
(ii) Non-Residential Uses
(1) a home occupation
(2) a public use
(iii) Prohibited Uses:
(1) marine facilities (including but not limited to boathouses
and/or docks)
(b) For lots with dual zones that include an EPA Zone, the combined area of
the two zones is used for the purpose of calculating minimum lot area
and minimum lot frontage.
(c)
Lot Area (minimum): 1.0 hectare.
(d) Lot Frontage (minimum): 50 metres.
(e)
Front Yard Depth (minimum): 15 metres.
(f)
Exterior Side Yard Width (minimum): 15 metres.
(g) Interior Side Yard Width (minimum):
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 372
(i)
For lots with one interior side yard abutting the EPA Zone: the
minimum interior side yard is 15 metres from the EPA Zone and 3
metres where the interior side yard does not abut the EPA Zone. The
minimum setback of 15 from the EPA Zone applies to accessory
structures.
(ii) For lots that do not have interior side yards that abut the EPA Zone,
the interior side yard(s) must be a minimum of 6 metres each.
(h) Rear Yard Depth (minimum): 15 metres, except for rear yards that include
the EPA Zone, where the minimum rear yard setback is 15 metres from
the EPA Zone.
(i)
Height of Building (maximum): 12 metres.
(j)
No structures are permitted closer than 40 metres from the high water
mark of Colonel By Lake, defined as 88.92 metres G.S.C.
(k)
The first 30 metres inland from the high water mark of Colonel By Lake,
defined as 88.92 metres GSC must be maintained as a 'no cut' buffer area
within which there is no disturbance of the soil mantle or vegetation
cover.
(l)
No structures are permitted closer than 15 metres from the EPA Zone.
(m) No structures are permitted closer than 30 metres from the boundary of
the L215 Exception.
[Note: Former ER-12 of former zoning by-law 32-74]
L393.
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 the following:
(i)
Single-Detached Dwelling;
(ii) A building with a maximum of 3 units; the units may be any
combination of residential or other permitted uses;
(iii) Home Occupation;
(iv) Community Home;
(v)
Community Support House;
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 373
(vi) Crisis Care Shelter;
(vii) Recovery Home; and
(viii) Residential Care Facility.
(b) Off Street Parking: The calculation and provision of minimum parking,
amenity space and minimum lot coverage requirements are based on the
overall 0.24 ha area of land subject to Exceptions L286, L177, L285 and
L393 of this By-law.
(c)
Amenity Space: The calculation and provision of amenity requirements
are based on the overall 0.24 ha area of land subject to Exceptions L286,
L177, L285 and L393 of this By-law.
(d) Minimum Lot Coverage: The calculation and provision of minimum lot
coverage requirements are based on the overall 0.24 ha area of land
subject to Exceptions L286, L177, L285 and L393 of this By-law.
(e)
Yard Setbacks
(i)
Minimum Front Yard: 1.8 metres;
(ii) Minimum Side Yard (East): 3.2 metres;
(iii) Minimum Side Yard (West): 1.2 metres; and
(iv) Minimum Rear Yard: 2.5 metres.
[Note: Former C1-34 of former zoning by-law 96-259]
L394.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
A maximum of 25% of the total floor area of a truck and trailer parts
warehouse use may be used for the purpose of an accessory retail and
accessory wholesale use.
(b) Minimum Lot Area: 2,024 square metres.
(c)
Minimum Lot Frontage: 30.48 metres.
(d) A parking area is permitted in any yard provided that no part of any
parking area, other than a driveway, is located closer than 7.6 metres to
any street line.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 374
(e)
The main building existing on the site as of the date of the passing of the
site specific by-law is deemed to comply with the exterior side yard width
regulations of this By-Law. In the event that the existing main building on
the site is removed, new development must comply with this By-Law.
[Note: Former M6-24 and Sections 5 and 28A of former zoning by-law 76-26]
L395.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Planting strip requirements do not apply.
(b) For the purpose of calculating parking requirements, the lands subject to
this Exception are deemed a single parcel.
[Note: Former C2-70 and Sections 5(17) and 19 of former zoning by-law 76-
26]
L396.
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 also permitted:
(i)
a retail store; and
(ii) a business office accessory to a permitted use.
(b) An accessory business office is restricted to a maximum of 25% of the
gross floor area of any building or structure occupying the subject
property.
[Note: Former C3-17 and Section 20 of former zoning by-law 76-26]
L397.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted uses are limited to:
(i)
Single detached dwelling; and
(ii) Home occupation.
(b) Prohibited Uses:
(i)
Additional habitation units are prohibited; and
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 375
(ii) Additional dwelling units are prohibited.
(c)
Minimum Distance Separation: 85 metres.
(d) Setback: The minimum setback for a septic system, including storage tank
and weeping bed, is 270 from the Loughborough Lake waterline.
(e)
No building, structure, stall, or parking area is permitted within 7.5 metres
of an EPA Zone.
[Note: Former A1-17 and Sections 5 and 9 of former zoning by-law 76-26]
L398.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Definition:
(i)
'Seniors' Residence' means a building consisting of three or more
dwelling units inclusive of nursing homes, rest homes, retirement
homes, convalescent facilities, and palliative care facilities. A seniors'
residence must not include a hospital, maisonette dwelling, a
townhouse dwelling, or a triplex dwelling.
(b) Permitted Uses
(i)
Residential Uses:
(1) a seniors' residence, accessory medical and commercial uses
related to the seniors' residence (which must service only the
residents, employees and visitors to the seniors' residence), an
auditorium, a banking facility, a beverage room, a business or
professional office, a chapel, a coffee shop, a convenience
store, a day nursery, a dining facilities, a grocery store, a
medical clinic, a personal service shop, a pharmacy, a
recreational uses.
(ii) Non-residential uses:
(1) an auditorium, a bank, a beverage room, a business or
professional office, a clinic, a commercial club, a dry cleaning
or laundry outlet, a personal service shop, a private club, a
recreational establishment, a restaurant, a retail store, a
shopping centre consisting of any of the permitted uses.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 376
(c)
Building Height (maximum): 17 metres, except:
(i)
A maximum building height of 23.5 metres is permitted no closer
than 26 metres to a residential zone.
(d) The height provisions do not prevent the erection of:
(i)
Window washing equipment, lighting fixtures, ornamental elements,
lightning rods, parapets, trellises, eaves, window sills, guardrails,
balustrades, railings, stairs, stair enclosures, wheel chair ramps,
vents, ventilating equipment, landscape and green roof elements,
solar panels, partitions dividing outdoor recreation areas, wind
mitigation, chimney stack, exhaust flues, garbage chute overrun and
public art elements, mechanical penthouses, and architectural
elements.
(e)
Dwelling units Per Lot (maximum): Not applicable.
(f)
Height of Accessory Structure (maximum): 9.5 metres.
(g) Parking:
(i)
Parking areas are permitted in any yard;
(ii) Parking stall size (minimum): 2.6 metres wide by 5.2 metres long.
(h) Driving Aisle Width (minimum): 6.0 metres.
[Note: Former C2-74 of former zoning by-law 76-26]
L399.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Within the privacy yard, an area unobstructed by a public or joint
pedestrian access surface must be provided extending 2.0 metres from
any ground floor habitable room window, this distance being measured
radially from any point on the window. A window is considered to be
located on the ground floor if any portion of the glazing is less that 2.5
metres above the adjacent exterior ground level.
(b) The following provision applies in the yard in which required parking area
permitted for a residential - apartment dwelling house: Rear and interior
side yard only, except for visitor parking, provided that no part of any
parking area, other than a driveway, is located closer than 7.62 metres to
any street line and no closer than 1.5 metres to the lot line.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 377
(c)
A children's play area must consist of a minimum 2.5% of the lot area,
which may be included in the area calculated as required open space. The
play space must be a minimum of 4.0 metres from a ground floor
habitable room window and 15.0 metres from any street line.
(d) Off-Street Parking must be provided as follows:
(i)
The required parking ratio is 1.07 parking spaces per dwelling unit.
(ii) Required parking must be provided on-site and is not permitted
using off-site and/or on-street parking.
(iii) The minimum size of a typical parking space is 2.6 metres wide and
5.2 metres long.
(iv) The minimum width of a drive aisle adjacent to a parking space is
6.5 metres.
(e)
The minimum setback from the north property line to any part of the
main structure is 15.0 metres.
(f)
The minimum setback for an interior side yard is 10.0 metres from the lot
line.
(g) The maximum number of bedrooms permitted on the lands subject to
this Exception is 215.
(h) A secure and dry bicycle storage area must be provided.
(i)
The minimum number of bicycle parking spaces is 0.5 of a space per
dwelling unit. Bicycle parking may be accommodated within the main
building or structure. A minimum of 15% of the required bicycle parking
must be outside of the main structure and available for general use.
[Note: Former R5-9 and Sections 5 and 15A of former zoning by-law 76-26]
L400.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum Lot Area: 1.4 hectares.
(b) Minimum Lot Frontage: 100 metres.
(c)
Minimum Front Yard Depth: 10 metres.
(d) Minimum Interior Side Yard Depth: 10 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 378
(e)
Minimum Rear Yard Depth: 55 metres.
(f)
Yards Where Parking is Permitted: Parking is permitted in all yards
provided no part of any parking area, other than a driveway or any
underground parking, is located no closer than1.5 metres to a front lot
line, 1.5 metres to any side lot line and 30 metres to the rear lot line.
(g) Minimum Percentage of Landscaped Open Space: 40%.
(h) Maximum Lot Coverage: 30%.
(i)
Maximum Building Height: 45 metres.
(j)
Maximum Number of Dwelling Units per Block: 185 dwelling units.
(k)
Privacy Yards: A privacy yard for an apartment dwelling, unobstructed by
parking area or vehicular driveway must be provided adjoining a
habitable room window with a minimum depth of 5 metres measured at
right angles from such wall the window adjoins except at front entrance
and loading area where a 1.5 metre yard is required.
(l)
An unbroken 1.8 metre high chain link fence is required to be constructed
along the westerly property line for the whole extent of this zone. The
fence must be constructed without any openings and/or gates.
(m) A berm(s) must be constructed along the entire westerly property line,
save and except where existing drainage and secondary emergency
access need to be incorporated into the design of the berm(s) and
subject to the following provisions:
(i)
Minimum setback from property line: 3 metres;
(ii) Minimum height: 4 metres at the average finished grade;
(iii) Minimum slope: 3:1;
(iv) The design of the berm(s) will take into account the existing
drainage from the abutting property to the west to ensure that
excessive ponding does not occur as a result of the berm
construction; and
(v)
The berm(s) is only permitted to be used as planting a row of trees
or a continuous unpierced hedgerow of evergreens and deciduous
trees, not less than 1.5 metres high, along the crest of the berm(s);
the remainder of the strip is only permitted to be used as the
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 379
planting of shrubs, flowering shrubs, flower beds or a combination
thereof. The berm will be vegetated with a mix of deciduous and
coniferous native species with a trunk diameter to be determined to
be satisfactory to the City's Arborist in consultation with the City's
Planner (Parks Development) and Senior Heritage Planner.
(n) Minimum vertical clearance for a parking structure or underground
garage is 2.1 metres.
[Note: Former R5-19 and Sections 5 and 15A of former zoning by-law 76-26]
L401.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted Uses: An accessory use, to a permitted use of the L299
Exception such as a private walkway.
(b) Buildings and Structures: No buildings or structure is permitted to be
erected.
[Note: Former OS-19 and Sections 6 and 8 of former zoning by-law 76-26]
L402.
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:
(i)
Recreation Centre or Community Centre means a building, structure
or lot used for recreation or social or cultural activities, meeting or
other leisure activities. Common types of facilities may include:
swimming pools, curling rinks, hockey rinks, racquet courts, training
rooms, meeting rooms, gymnasiums, auditoriums, and an arena.
(ii) Specialty/Limited Retail Store means a commercial establishment
which offers for sale or rent one merchandise line or a limited
number of closely related merchandise lines, and without limiting
the forgoing, may include such establishments as an auto-oriented
retail store, stores selling equipment whether for industrial or
household purposes, a framing store or a convenience store. This
definition must not include a "Food Store" or a "Department Store".
(b) The following non-residential uses are permitted and may be designed,
developed and managed as a unit, having provided the required off-
street parking on site in accordance with the provisions of this By-Law:
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 380
(i)
Residential Uses: prohibited.
(ii) Non-residential Uses:
(1) an assembly plant, a bakery, a bank, a business office, a
professional office, a commercial club, a commercial school, a
convenience store, a catering service, an equipment sales and
service, a data processing and related service, a day nursery
accessory to a principal use, a dry cleaning or laundry plant, a
film or recording studio, a health club, a hotel, a motel, a
laboratory, a manufacturing plant, a processing plant, a
packaging plant, a parking lot, a photographic establishment, a
place of entertainment, a printing establishment, a private
club, a public use, a research and development facility, a
recreation centre or community centre, a service shop,
merchandise, a specialty retail store, a technical training
facility, a telecommunications tower, a warehouse, a wholesale
establishment, a coffee shop, a restaurant and patio, a take-
out restaurant, a drive through restaurant, a dry cleaning or
laundry service, a gasoline retail facility, an automatic car wash,
a service shop, personal, vehicle rental establishment, a vehicle
sales establishment.
(iii) The following retail type uses to a combined maximum of 3000
square metres of gross floor area:
(1) a convenience store;
(2) vehicle sales establishment, new;
(3) a specialty retail store; and
(4) a gasoline retail facility.
(iv) Accessory Uses:
(1) Accessory uses are permitted in accordance with the General
Provisions unless otherwise specified.
(2) Accessory retail uses associated with the sale of products
assemble or manufactured on the site for any permitted non-
residential use are restricted to a maximum of 10% of the built
gross floor area for any single tenant or business.
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Section 20: Legacy Exceptions - Part 2, Page 381
(3) Open Storage is prohibited, except for vehicles for sale or rent
associated with a permitted use and located in accordance
with a Site Plan Control approval by the City.
(c)
Lot Area (minimum): 550 square metres.
(d) Frontage (minimum): 0 metres.
(e)
Front Yard Depth (minimum): 3 metres.
(f)
Exterior Side Yard Width (minimum): 3 metres.
(g) Interior Side Yard Width (minimum): 0 metres.
(h) Rear Yard Depth (minimum): 3 metres.
(i)
Lot Coverage (maximum): 60%.
(j)
Landscaped Open Space (minimum): 10%.
(k)
Building Height (maximum): 20 metres.
(l)
Access: vehicle or pedestrian access may be provided by private right-of-
way.
(m) Required Parking Spaces must be in accordance with this By-Law, except:
(i)
The property located at 1560 Centennial Drive, created by Consent
Application D10-108-2005, requires a minimum of 20 parking
spaces based on the use of the building by Corcan Ltd. A change in
use or tenant requires that the parking spaces be provided in
accordance with this By-Law.
(n) Parking Location: Parking spaces are permitted in any yard.
(o) All Loading Doors must be appropriately screened.
[Note: Former BP1 of former zoning by-law 76-26]
L403.
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 also permitted as accessory uses:
(i)
Specific day retail sales; and
(ii) Trade show.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 382
(b) The uses noted above are defined as follows:
(i)
Specific Day Retail Sales means the use of any lot, building or
structure, or part thereof, for an event that brings together
members of the public or an industry for the purpose of selling or
buying goods or services, including entering into contracts for the
sale and/or purchase of goods or services; which are
complementary to the principle permitted uses.
(ii) Trade Show means the use of any lot, building or structure, or part
thereof, for an event held to bring together members of a particular
industry to display, demonstrate, and promote their latest products
and services; which are complementary to the principle permitted
uses.
(c)
Parking for any recreational use and accessory use to a recreational use
must be at a rate of 1 space for each 26 square metres of gross floor area.
[Note: Former I-13 and Section 17(1) of former zoning by-law 76-26]
L404.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
The Venture Road is considered the front yard.
(b) The only permitted uses are:
(i)
Manufacturing, assembling, fabricating, and processing operations;
(ii) Construction and transportation activities and facility;
(iii) Storage, warehousing and wholesale trade activities;
(iv) Communications and utilities facility;
(v)
Institutional uses with General Industrial characteristics, such as a
trade school;
(vi) Business and professional office provided that such use is located
within 90 metres of the Resource Road frontage; and
(vii) Public use.
(c)
A maximum of 25% of the total floor area of a permitted use may be
used for the purposes of a showroom, display area and retail sales for
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 383
products that are manufactured, processed, fabricated or assembled on
the premises.
(d) The only permitted complementary uses are:
(i)
Office and business services such as printing and equipment repair
intended to serve the General Industrial area;
(ii) Restaurant;
(iii) Financial institution;
(iv) Personal services and convenience commercial;
(v)
Automotive, heavy equipment or truck repair facility;
(vi) Public and private parks and recreation facilities; and,
(vii) Parking lots and parking structure.
(e)
Minimum Front Yard Depth: 10 metres.
(f)
Minimum Exterior Side Yard Width: 10 metres.
(g) Minimum Interior Side Yard Width: 3 metres.
(h) Minimum Rear Yard Depth : 7.6 metres
(i)
Maximum Building Height: 20 metres
(j)
Minimum Parking Requirement For Manufacturing Or Warehouse Use: 1
space per 100 square metres of gross floor area.
(k)
Yard In Which Required Parking Area Permitted: Parking area may be
permitted in the front yard, exterior side yard and rear yard provided that
no part of any parking area, other than a driveway, is located closer than
7.6 metres to any street line
(l)
Yard in Which Loading Spaces are Permitted: Loading spaces must be
located in the exterior side yard or rear yard only provided that such
loading space is located no closer than 18.3 metres to any street line.
[Note: Former M1-13 and Sections 4, 5 and 24(1) of former zoning by-law 76-
26]
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 384
L405.
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:
(i)
'Seniors Residence' means a building consisting of three or more
dwelling units inclusive of nursing homes, rest homes, retirement
homes, convalescent facilities, and palliative care facilities. A seniors'
residence must not include a hospital, maisonette dwelling, a
townhouse dwelling, or a triplex dwelling.
(b) Only the following uses are permitted:
(i)
Residential Uses:
(1) Apartment Dwelling House
(2) Seniors Residence
(ii) Non-Residential Uses are limited to a Seniors Residence and
accessory medical and commercial uses related to the seniors
residence, which must service only the residents, employees or
visitors to the senior's residence, including but not limited to:
(1) banking facility;
(2) business or professional office;
(3) chapel;
(4) coffee shop;
(5) convenience store;
(6) day nursery;
(7) dining facilities;
(8) grocery store;
(9) medical clinic;
(10) personal service shop;
(11) pharmacy;
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 385
(12) recreational uses;
(c)
Density:
(i)
Minimum Density: The minimum number of residential units per net
hectare on land to be used only for dwelling units, excluding roads,
parks and other uses must be:
(1) Apartment Dwelling House: 124 dwelling units per net hectare;
and
(2) Seniors Residence: 124 dwelling units per net hectare
(ii) Maximum Density: The maximum number of residential units per
net hectare on land to be used only for dwelling units, excluding
roads, parks and other uses is 200 dwelling units per net hectare.
(d) Lot Area (minimum): Not applicable.
(e)
Lot Frontage: The lot frontage means the horizontal distance between the
side lot lines, such distance being measured along a line which is parallel
to the front lot line at a distance of 6.0 metres from the front lot line.
(f)
All Lots (Minimum): 33 metres.
(g) Yard Depths (minimum):
(i)
Apartment Dwelling House & Seniors Residence: 3 metres;
(ii) West lot line: 3 metres;
(iii) South/ southeast lot line (Newport Ave): 3 metres;
(iv) Northeast (Madison Ave): 3 metres;
(v)
Northwest lot line: 10 metres;
(vi) Despite (i) to (iv), a minimum yard depth of 10 metres is required
where a lot line abuts any URM1 or UR3 Zone; and
(vii) Despite (ii), for any building in excess of 6 metres in height, a
minimum setback of 23.1 metres is required from the frontage of
Newport Avenue from the western intersection to the apex of the
curvature of Newport Avenue.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 386
(h) Height of Building (maximum):
(i)
Apartment Dwelling House & Seniors Residence: 136 metres above
sea level; and
(ii) Height exceptions and permitted projections above the maximum
height, do not apply for Apartment Dwelling Houses and Seniors
Residence.
(i)
Privacy Yards: A privacy yard must be provided for Apartment Dwelling
Houses with a minimum depth of 3.0 metres measured at right angles
from such wall the window adjoins except at front entrance and rear
entrance where a 1.5 metre yard is required. There is no required privacy
yard where a loading area abuts the wall of a building.
(j)
Children's Play Area (minimum): Not required.
(k)
Parking Space Dimensions (minimum): 2.6 metres wide by 5.2 metres
long.
(l)
Barrier-free Parking Space Vertical Clearance (minimum): 2.1 metres.
(m) Lot Coverage (maximum): Not applicable.
(n) Parking:
(i)
Apartment Dwelling House & Seniors Residence:
(1) Parking is permitted in any yard.
(2) If parking is located within any yard adjacent to a street, a
minimum 1.0 metre high berm must be provided, which
include a minimum 3.0 metres wide landscaping strip
containing a mixture of coniferous and deciduous trees .
(o) Parking Aisle Lane Width (minimum): 6.1 metres.
(p) Sight Triangles
(i)
Within any area defined as a sight triangle, the following uses are
prohibited:
(1) A building, structure or use which would obstruct the vision of
drivers of motor vehicles;
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Section 20: Legacy Exceptions - Part 2, Page 387
(2) a fence, tree, hedge or other vegetation, the top of which
exceeds 1.0 metres in height above the elevation of the
centerline of the adjacent street
(3) an uncovered surface parking area; and
(4) a finished grade which exceeds the elevation of the centerline
of the adjacent street by more than 1.0 metres.
(ii) Sight triangles are required on a corner lot at all intersections:
(1) 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.
(2) 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."
[Note: Former R4-40 and Sections 5 and 15 of former zoning by-law 76-26]
L406.
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:
(i)
'Live-work unit' means a purpose built building or structure which
combines space for a permitted non-residential use and a
residential use
(b) Only the following uses are permitted:
(i)
Residential Uses:
(1) Semi Detached Dwelling House; and
(2) Row Dwelling House.
(c)
Non-Residential Uses:
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 388
(1) Non-Residential Uses are permitted on the ground floor of a
live work unit within either a Semi Detached Dwelling House or
a Row Dwelling House;
(2) Artist's or Photographer's Studio;
(3) Bake-shop;
(4) Clinic;
(5) Day Care Facility;
(6) Home Occupation;
(7) Personal Service Shop;
(8) Private art gallery;
(9) Professional Office; and
(10) Public use.
(d) Density: The minimum number of residential units per net hectare on
land to be used only for dwelling units, excluding roads, parks and other
uses is 37.5 dwelling units per net hectare.
(e)
Lot Area (minimum): Not applicable.
(f)
Lot Frontage: The lot frontage means the horizontal distance between the
side lot lines, such distance being measured along a line which is parallel
to the front lot line at a distance of 6.0 metres from the front lot line.
(g) Corner Lot (Minimum):
(i)
Semi Detached Dwelling House: 17.0 metres;
(ii) Semi Detached Dwelling Unit: 9.6 metres; and
(iii) Row Dwelling House: 9.1 metres.
(h) Other Lot (Minimum):
(i)
Semi Detached Dwelling House: 14.8 metres;
(ii) Semi Detached Dwelling Unit: 7.4 metres; and
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 389
(iii) Row Dwelling House: 6.1 metres.
(i)
Front Yard Depth:
(i)
Minimum Depth: 4.5 metres;
(ii) Maximum Depth: 7.0 metres;
(iii) Despite (i) and (ii), where a dwelling includes a covered front porch
the front wall of the main dwelling may be set back a maximum of
9.2 metres front the front lot line, if the covered porch is
constructed between the setbacks of 4.5 metres and 7.0 metres to
the front wall of the main dwelling.
(iv) Despite (i), (ii) and (iii), where the front wall of an attached private
garage containing the opening for vehicular access is located not
more than 6.2 metres from the front lot line and where a dwelling
includes a covered front porch, constructed between the setbacks of
4.5 metres and 7.0 metres to the front wall of the main dwelling, the
front wall of the main dwelling may be set back 3.0 metres from the
front wall of the garage.
(j)
Exterior Side Yard Width (minimum): 2.4 metres.
(k)
Interior Side Yard Width (minimum):
(i)
Semi Detached Dwelling House: 1.2 metres for a side that is not
attached to another dwelling house; and
(ii) Row Dwelling House: 1.2 metres for a side that is not attached to
another dwelling house.
(l)
Rear Yard Depth (minimum):
(i)
Semi Detached Dwelling House: 6.0 metres; and
(ii) Row Dwelling House: 6.0 metres.
(m) Lot Coverage (maximum): Not applicable.
(n) Garage:
(i)
'Main Entry Feature' means a platform, with at least one side open,
covered by a roof, balcony or enclosed space, with or without a
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 390
foundation and/or basement that provide access to the dwelling
unit.
(ii) 'Main Front Entrance' means the door which is designed as the
primary access point into the dwelling unit
(iii) The wall of an attached private garage that contains the opening for
a vehicular access must be set back a minimum of 6.0 metres from
the lot line that the driveway crosses to access the private attached
garage.
(iv) The wall of the attached private garage facing the public street must
not be located more than 3.0 metres closer to the front lot line than
either the main entry feature or main front entrance of the dwelling
unit, except that a corner lot may have the garage located further
than 3.0 metres from the main entry features or main front entrance
of the dwelling unit, provided it is not located closer to the front lot
line than any other part of the dwelling unit.
(o) Driveway Width: The maximum width of a driveway for its entire length
must be:
(i)
Semi Detached Dwelling Unit: lesser of 6.0 metres or 50% of lot
width;
(ii) Row Dwelling House:
(1) End unit: lesser of 4.0 metres or 50% of lot width; and
(iii) Other unit: 3.5 metres.
(p) Parking:
(i)
Parking is permitted in the interior side and rear yard. Front yard
parking is prohibited except where it is in a driveway leading to a
permitted parking area.
(ii) A minimum of 1 non-residential parking space is required for a live-
work unit.
(q) Sight Triangles: Within any area defined as a sight triangle, the following
uses are prohibited:
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 391
(i)
A building, structure or use which would obstruct the vision of
drivers of motor vehicles;
(ii) A fence, tree, hedge or other vegetation, the top of which exceeds
1.0 metres in height above the elevation of the centerline of the
adjacent street;
(iii) An uncovered surface parking area; and
(iv) A finished grade which exceeds the elevation of the centerline of the
adjacent street by more than 1.0 metres.
(r)
Sight triangles are required on a corner lot:
(i)
At the intersection of 'Wheathill Street and Newport Avenue' two
sight triangles are required:
(1) The location of the first sight triangle must be located by
drawing a line between a point on the exterior side lot line that
is 4.5 metres from the intersection of the front lot line and the
exterior side lot line and a point on the front lot line that is 8.5
metres from the intersection of the front lot line and the
exterior side lot line.
(2) The location of the second sight triangle must be located by
drawing a line between a point on the exterior side lot line that
is 8.5 metres from the intersection of the front lot line and the
exterior side lot line and a point on the front lot line that is 4.5
metres from the intersection of the front lot line and the
exterior side lot line.
(3) 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) At all other intersections:
(1) 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.
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Section 20: Legacy Exceptions - Part 2, Page 392
(2) 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.
(3) Where a lot is divided into more than one zone, the zone
boundary is not treated as a lot line and each portion of the lot
must be used in accordance with the provisions of the
applicable zone. In the case of a conflict, the more restrictive
provision(s) applies.
[Note: Former R3-32 and Sections 5 and 14 of former zoning by-law 76-26]
L407.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception
(a)
Permitted Uses:
(i)
Industrial Uses:
(1) research and development facilities, including laboratories;
(2) data processing facilities, including call centres;
(3) technologically advanced manufacturing, fabricating, and
assembling operations for the production of high value
products;
(4) film or recording studio;
(5) commercial school or training facility, provided the use is
contained within an enclosed building(s); and
(6) the following light industrial uses, provided they are contained
within an enclosed building(s):
(7) manufacturing, repairing, fabricating, processing and
assembling operations;
(8) construction and transportation activities and facilities;
(9) storage (does not include a self-storage facility), warehousing,
and wholesale trade activities; and
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 393
(10) communications facilities and utilities.
(ii) Office Uses:
(1) corporate administrative offices and government offices; and
(2) administrative, professional and technical services, such as
engineering and surveying firms, that are consistent with the
image and amenity of a Business Park Industrial setting.
(iii) Permitted Complementary Uses:
(1) office and business services, such as printing and equipment
repair, which are intended to serve the Business Park Industrial
area;
(2) day care facilities;
(3) hotel and/or conference facilities, including banquet halls,
trade show buildings, and similar uses;
(4) restaurants;
(5) drive-through facilities;
(6) financial institutions;
(7) personal services;
(8) medical and paramedical uses;
(9) convenience commercial uses; and
(10) sources of renewable energy.
(b) Additional Complementary Use Provisions:
(i)
The maximum gross floor area of complementary uses must not, in
the aggregate, exceed 25% of the total gross floor area of
established, or concurrently developed space for permitted primary
uses in the Cataraqui Estates Business Park;
(ii) On a single land holding equal to or greater than 10 hectares in
area, complementary uses may be established in advance of a
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 394
permitted primary use, provided the gross floor area of such
complementary uses does not exceed 5% of the site's lot area; and
(iii) Complementary uses must be oriented towards the street frontage.
(c)
Minimum Lot Frontage: 25 metres.
(d) Minimum Lot Area: 550 square metres.
(e)
Minimum Front Yard Depth: 10 metres.
(f)
Minimum Exterior Yard Width: 10 metres.
(g) Minimum Interior Yard Width: 3 metres.
(h) Minimum Rear Yard Depth: 7.5 metres.
(i)
Minimum Landscaped Open Space: 10%.
(j)
Maximum Lot Coverage: 60%.
(k)
Maximum Building Height: 20 metres.
(l)
Planting Strips: In accordance with this By-law.
(m) Open Storage: No open storage of goods or materials are permitted,
except in accordance with the following provisions:
(i)
every open storage use must be accessory to the main use of the
property;
(ii) an open storage use must not front onto or abut a public road;
(iii) an open storage use must be located in the rear yard or interior side
yard;
(iv) an open storage use must comply with the yard and setback
provisions contained in this section, as if the open storage use were
a building or structure;
(v)
no open storage use may cover more than 35% of the lot area;
(vi) an open storage use must not generate any emissions, dust, or
debris that cannot be contained on-site;
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 395
(vii) an open storage use must be properly screened and/or buffered
from view. Such screening and/or buffering will be addressed
through the Site Plan Control process; and
(viii) an open storage use must not abut a lot which is zoned for a non-
industrial land use, except where the abutting lot is an Open Space
Zone or Environmental Protection Area Zone.
(n) Parking:
(i)
Minimum Parking Requirement for Industrial Uses: 1 parking space
per 100 square metres of gross floor area.
(ii) Minimum Parking Requirement for Office Uses: 3.4 parking spaces
per 100 square metres of gross floor area
(iii) Minimum Parking Requirement for Complementary Uses:
(1) 10 parking spaces per 100 square metres of gross floor area
for a restaurant; and
(2) 3.4 parking spaces per 100 square metres of gross floor area
for all other complementary uses.
(iv) Parking Space Requirements:
(1) Minimum width of a standard parking space: 2.6 metres
(2) Minimum length of a standard parking space: 5.2 metres.
(v)
Yards in Which Parking Area is Permitted: Parking is permitted in
any yard, provided that no part of any parking area, other than a
driveway, is located closer than 7.6 metres to any street line and that
the area between the street line and the parking area must be
landscaped.
(vi) Accessible Parking: In accordance with this By-law.
[Note: Former BP-8 and Sections 5 and 30A of former zoning by-law 76-26]
L408.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception
(a)
Minimum Lot Frontage (interior lot): 15.2 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 396
(b) Minimum Lot Frontage (corner lot) 18 metres.
(c)
Minimum Exterior Side Yard 3.6 metres.
(d) Sight Triangles:
(i)
Two sight triangles are required on a corner lot.
(1) The location of the first sight triangle must be located by
drawing a line between a point on the exterior side lot line that
is 4.5 metres from the intersection of the front lot line and the
exterior side lot line and a point on the front lot line that is 8.5
metres from the intersection of the front lot line and the
exterior lot line.
(2) The location of the second sight triangle must be located by
drawing a line between a point on the exterior side lot line that
is 8.5 metres from the intersection of the front lot line and the
exterior side lot line and a point on the front lot line that is 4.5
metres from the intersection of the front lot line and the
exterior side lot line.
(3) 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.
[Note: Former R1-78 and Sections 4, 5 and 12 of former zoning by-law 76-26]
L409.
Reserved
L410.
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 also permitted:
(i)
Accessory Uses and Structures to a Marina Use;
(ii) Accessory Tourist Commercial Uses in an Existing Building or
Structure;
(iii) Outdoor Theatres and Cultural Performances;
(iv) Ticket Booth; and
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 397
(v)
Tourism Information and Interpretation Facility.
[Note: Former P-1 of former zoning by-law 96-259]
L411.
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 a conservation use, a forestry use, a marine
facility, and a public or private park, in accordance with the following
provision:
(i)
No building or structure is permitted without the written approval of
Environment Canada Parks Service (Rideau Canal Office).
[Note: Former EPA-5 and Sections 7(1) and 7(2) of former zoning by-law 76-
26]
L412.
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 conservation use; provided that in no case is
any building or structure be permitted.
[Note: Former EPA-2 of former zoning by-law 76-26]
L413.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Additional permitted uses include:
(i)
a golf course and driving range provided such uses are developed
and operated in accordance with the provisions of this Exception;
(ii) the Professional Office uses that were in existence as of the date of
passing of the site specific by-Law; and
(iii) a golf clubhouse.
(b) Development of a golf course and/or driving range are not permitted
until such time as:
(i)
Council has approved a development concept plan showing the
location of all building(s) and structures to be erected and showing
location of all facilities and work to be provided in conjunction
therewith.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 398
(ii) Council may require the owner of the lands to provide to the
satisfaction of, and at no expense to the municipality, any or all of
the following:
(1) Vehicular parking facilities and access driveways.
(2) Walkway and other means of pedestrian access
(3) Lightning, including flood lighting of the lands or the buildings
or structures thereon.
(4) Walls, fences, hedges, trees, shrubs or other ground cover or
facilities for landscaping of the lands or the protection of
adjoining lands.
(5) Vaults, central storage and collection areas and other facilities
and enclosures for the storage of garbage and other waste
material.
(6) Grading or alteration in elevation or contour of the land and
provision for the disposal of storm, surface and wastewater.
(iii) The following environmental and engineering investigations have
been completed and demonstrate to the satisfaction of Council and
all pertinent regulatory agencies that the golf course proposal will
not have adverse environmental impacts:
(1) A turf management plan and a determination of impacts on
storm water quality due to use of chemicals.
(2) A storm water quality plan detailing appropriate measures to
ensure that storm water quality will not adversely impact the
quality or quantity of ground water or surface water.
(3) A storm water quantity plan detailing anticipated increases in
run-off and measures to deal with such impacts.
(4) A water taking plan to address the irrigation of a golf course
and/or driving range in a manner which will not adversely
affect ground water supply and quality and which will address
impacts on Lake Ontario.
(5) An on-site sewage disposal plan.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 399
[Note: Former AP-1 and Sections (1) and 30 of former zoning by-law 76-26]
L414.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted uses include a school, a detached single family dwelling house,
a semi-detached dwelling house a row dwelling, a home occupation, or a
public use in accordance with the provisions of this Exception.
(b) School:
(i)
Lot Area (minimum): 2.71 hectares.
(ii) Front Yard Depth (minimum): 7.5 metres
(iii) Interior Side Yard (minimum): 10 metres
(iv) Rear Yard Depth (minimum): 7.5 metres
(v)
Building Height:
(1) Minimum: 6 metres; and
(2) Maximum: 12 metres.
(vi) Accessory Uses, Parking etc. must be in accordance with the
provisions of this by-law except:
(1) No part of any parking area, other than a driveway, a bus lay-
by area, or a maximum of 5 visitor parking spaces, must be
located within a front yard or exterior side yard.
(2) No part of any parking area including a driveway is permitted
closer than 7.5 metres to an interior side lot line.
(3) No part of any parking area, other than a driveway, is
permitted within 4 metres of a rear lot line.
(4) Unenclosed porches, balconies, steps and ramps may project
into any front yard or exterior side yard, provided they are no
closer than 1.2 metres to any lot line.
(5) There is no minimum height requirement for any accessory
use, building, or structure.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 400
(c)
Single Family Dwelling House:
(i)
Lot Area (minimum): 276 square metres.
(ii) Lot Frontage (minimum):
(1) Corner Lot 10.8 metres; and
(2) Other Lot 9.0 metres.
(iii) Front Yard Depth:
(1) Minimum 3 metres; and
(2) Maximum 6 metres.
(iv) Exterior Side Yard Width (minimum): 3 metres.
(v)
Interior Side Yard Width (minimum): 0.6 metres, on one side and 1.2
metres on the other side, except where a side lot line abuts a 0.3
metres reserve, the minimum interior side yard width is 3 metres.
(vi) Rear Yard Depth (minimum): 7.4 metres.
(vii) Dwelling Unit Area (minimum): 93 square metres.
(viii) Landscaped Open Space (minimum): 30%.
(ix) Lot Coverage (maximum): 50%.
(x)
Height Of Building (maximum): 10.5 metres.
(xi) Dwelling Houses Per Lot (maximum): 1 only.
(xii) Accessory Uses and Parking must be in accordance with the
provisions of this by-law except:
(1) Despite the maximum lot coverage provisions of this
Exception, an additional 20 square metres of lot coverage is
permitted for only unenclosed porches, balconies, ramps or
steps located in a front yard or exterior side yard.
(2) No accessory use, building or structure is permitted closer than
0.6 metres to an interior side lot line except, for a driveway or
where a mutual private garage or a mutual boathouse is
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 401
erected on the common lot line between two lots, no
minimum interior side yard width is required.
(3) No accessory use, building or structure is permitted closer than
0.6 metres to a rear lot line except where a mutual private
garage or a mutual boathouse is erected on the common lot
line between two lots, in which case, no minimum rear yard
depth is required.
(4) The minimum required driveway width is 3.0 metres.
(5) The minimum distance between a driveway and an intersection
of street lines, measured along the street line intersected by
such driveway, is 7 metres.
(6) Ornamental structures may project into any required yard a
maximum distance of 0.5 metres, provided they are no closer
than 0.1 metres to any lot line.
(xiii) Garage Location: No garage is permitted closer than 6 metres to the
street line.
(xiv) Sight Triangles: The sight triangle is measured 3 metres from the
point of intersection of the street lines.
(d) Semi-detached Dwelling House:
(i)
Lot Area (minimum): 276 square metres
(ii) Lot Frontage (minimum):
(1) Corner Lot 10.8 metres; and
(2) Other Lot 9.0 metres.
(iii) Front Yard Depth:
(1) Minimum 3 metres; and
(2) Maximum 6 metres.
(iv) Exterior Side Yard Width (minimum): 3 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 402
(v)
Interior Side Yard Width (minimum): 1.2 metres, on one side and 0
metres on the other side, except where a side lot line abuts a 0.3
metres reserve, the minimum interior side yard width is 3 metres.
(vi) Rear Yard Depth (minimum): 7.4 metres.
(vii) Dwelling Unit Area (minimum): 93 square metres.
(viii) Landscaped Open Space (minimum): 30%.
(ix) Lot Coverage (maximum) 50%.
(x)
Height Of Building (maximum): 10.5 metres.
(xi) Dwelling Houses Per Lot (maximum): 1 only.
(xii) Accessory Uses and Parking must be in accordance with the
provisions of this by-law except:
(1) Despite the maximum lot coverage provisions of this
Exception, an additional 20 square metres of lot coverage is
permitted for only unenclosed porches, balconies, ramps or
steps located in a front yard or exterior side yard.
(2) No accessory use, building or structure is permitted closer than
0.6 metres to an interior side lot line except, for a driveway or
where a mutual private garage or a mutual boathouse is
erected on the common lot line between two lots, no
minimum interior side yard width is required.
(3) No accessory use, building or structure is permitted closer than
0.6 metres to a rear lot line except where a mutual private
garage or a mutual boathouse is erected on the common lot
line between two lots, in which case, no minimum rear yard
depth is required.
(4) The minimum required driveway width is 3.0 metres.
(5) The minimum distance between a driveway and an intersection
of street lines, measured along the street line intersected by
such driveway, is 7 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 403
(6) Ornamental structures may project into any required yard a
maximum distance of 0.5 metres, provided they are no closer
than 0.1 metres to any lot line.
(xiii) Garage Location: No garage is permitted closer than 6 metres to the
street line.
(xiv) Sight Triangles: The sight triangle is measured 3 metres from the
point of intersection of the street lines.
(e)
Row Dwelling:
(i)
Lot Area (minimum): 190 square metres.
(ii) Lot Frontage (minimum):
(1) Corner Lot 9.0 metres; and
(2) Other Lot 6.0 metres.
(iii) Front Yard Depth:
(1) Minimum 3 metres; and
(2) Maximum 6 metres.
(iv) Exterior Side Yard Width (minimum): 3 metres.
(v)
Interior Side Yard Width (minimum): 1.2 metres, except where the
building shares a common wall with any building on an adjacent lot,
the minimum is 0 metres.
(vi) Rear Yard Depth (minimum): 7.4 metres.
(vii) Dwelling Unit Area (minimum): 65 square metres.
(viii) Landscaped Open Space (minimum): 30%.
(ix) Lot Coverage (maximum): 45%.
(x)
Height Of Building (maximum): 12 metres.
(xi) Dwelling Houses Per Lot (maximum): 1 only.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 404
(xii) Accessory Uses and Parking must be in accordance with the
provisions of this by-law except:
(1) Despite the maximum lot coverage provisions of this
Exception, an additional 20 square metres of lot coverage is
permitted for only unenclosed porches, balconies, ramps or
steps located in a front yard or exterior side yard.
(2) The maximum required driveway width is 3.5 metres.
(3) The minimum distance between a driveway and an intersection
of street lines, measured along the street line intersected by
such driveway, is 7 metres.
(4) Ornamental structures may project into any required yard a
maximum distance of 0.5 metres, provided they are no closer
than 0.1 metres to any lot line.
(5) Unenclosed porches, balconies, steps and ramps may project
into any front yard or exterior side yard provided they are no
closer than 1.2 metres to any lot line.
(xiii) Garage Location: No garage is permitted closer than 6 metres to the
street line.
(xiv) Special Provisions: There is no more than 7 attached row dwelling
houses in one continuous row.
(xv) Sight Triangles: The sight triangle is measured 3 metres from the
point of intersection of the street lines.
[Note: Former I-7 and Sections 13(1) and 13(2) of former zoning by-law 32-
74]
L415.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum Side Yard:
(i)
Semi Detached Dwelling (total): 4.8 metres (2.4 metres each side
except where the dwellings have attached garages, in which case
there must be a total of 2.4 metres side yard - 1.2 metres each side);
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 405
(ii) All Other Dwellings (total): 2.4 metres (1.2 metres minimum each
side); and
(iii) However, on a corner lot the minimum side yard abutting a street is
6.0 metres.
(b) Minimum Lot Area:
(i)
Single Family Dwelling: 370.0 square metres.
(c)
Minimum Lot Width:
(i)
Single Family Dwelling: 12.0 metres (except 18.0 metres for a corner
lot); and
(ii) Two Family Dwelling: 18.0 metres (except 21.0 metres for a corner
lot).
[Note: Former A3.103 of former zoning by-law 8499]
L416.
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 single family dwellings:
(i)
Minimum Lot Area: 370.0 square metres.
(b) Minimum Lot Width:
(i)
Interior Lot: 12.0 metres; and
(ii) Corner Lot: 15.0 metres.
(c)
Minimum Side Yard for Corner Lots: On a corner lot the minimum side
yard abutting a street is 4.8 metres.
[Note: Former A3.192 of former zoning by-law 8499]
L417.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum Side Yard:
(i)
Semi Detached Dwelling (total): 4.8 metres (2.4 metres each side
except where the dwellings have attached garages, in which case
there must be a total of 2.4 metres side yard - 1.2 metres each side);
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 406
(ii) All Other Dwellings (total): 2.4 metres (1.2 metres minimum side
yard); and
(iii) However, on a corner lot the minimum side yard abutting a street is
6.0 metres.
(b) Minimum Lot Area:
(i)
Single Family Dwelling: 370.0 square metres.
(c)
Minimum Lot Width:
(i)
Single Family Dwelling: 12.0 metres (except 18.0 metres for a corner
lot); and
(ii) Two Family Dwelling: 15.24 metres (except 18.288 metres for a
corner lot).
(d) A semi-detached dwelling is permitted on Lot 4, Registered Plan Number
1866.
[Note: Former A3.193 of former zoning by-law 8499]
L418.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum Lot Area: 311 square metres.
[Note: Former A7.357 of former zoning by-law 8499]
L419.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(i)
Minimum Side Yard (interior), the minimum width for the east side
of the dwelling that is not attached to another dwelling unit and for
which an attached garage or carport is provided is 0.67 metres.
(ii) The minimum required rear yard is 8.0 metres.
[Note: Former A7.343 and Sections 12A.3 of former zoning by-law 8499]
L420.
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 39.5 dwelling units per ha of lot area.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 407
[Note: Former B2.107 of former zoning by-law 8499]
L421.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Lot Area (minimum): 5,070 square metres.
(b) Lot Frontage (minimum): 49.0 metres.
(c)
Where a lot had a former 'EPA-2' zone from the former zoning by-law
76-26 on a portion thereof, the minimum lot frontage calculation is based
on the total frontage within the lot lines of the lot.
(d) Location of Buildings And Structures:
(i)
Where a lot line is adjacent to or abuts the east-west drainage
course, no building, structure or accessory structure, including
pools, is permitted closer than 8 metres from the toe of the slope of
the drainage course; except for an accessory structure, no larger
than 10 square metres, which may be located no closer than 3
metres from the top of the bank.
(ii) Where a lot had a former "EPA-2" from the former zoning by-law
76-26 on a portion thereof, the required yard is the limit of the
"EPA-2" designation or the required yard of this Exception,
whichever is the greater.
(e)
Lot Area Calculation: Where a lot had a former "EPA-2" from the former
zoning by-law 76-26 on a portion thereof, the lot area calculation is
based on the total horizontal area within the lot lines of the lot.
[Note: Former ER-4 of former zoning by-law 76-26]
L422.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted uses include an aggregate screening operation, an asphalt
plant, a concrete batching plant, a crushing plant or any combination of
the foregoing uses.
[Note: Former M5-1 and Section 28(1)(b) of former zoning by-law 76-26]
L423.
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 20: Legacy Exceptions - Part 2, Page 408
(a)
The only permitted use is an Ontario Hydro transformer distribution
station in accordance with the following provisions:
(i)
Lot Area (minimum): 3300 square metres.
(ii) Lot Frontage (minimum): 74 metres.
(iii) Rear Yard Depth (minimum): 6 metres.
[Note: Former A1-12 and Sections 23(1) and (2) of former zoning by-law 32-
74]
L424.
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 4,050 square metres.
(b) No building or structure, other than a marine facility, is permitted less
than 60 metres from the high water mark of the Rideau Canal.
(c)
The high water mark of the Rideau Canal is deemed to be the high water
mark established in March 1974 and shown on a draft plan of subdivision
by Ray Hunter, Ontario Land Surveyor, dated July 10, 1974.
[Note: Former R1-3 of former zoning by-law 32-74]
L425.
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 family house.
(b) Lot Area (minimum): 0.6 hectares.
[Note: Former A1-16 and Sections 23(1) and (2) of former zoning by-law 32-
74]
L426.
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 gas pressure regulation station in accordance
with the following provisions:
(i)
Lot Area (minimum): 920 square metres.
(ii) Lot Frontage (minimum): 20 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 409
(iii) Interior Side Yard (minimum): 5 metres.
(iv) Rear Yard Depth (minimum): 10 metres.
[Note: Former A1-31 and Sections 23(1) and (2) of former zoning by-law 32-
74]
L427.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
No building or structure is permitted closer than 60 metres to the high
water mark of the St. Lawrence Channel nor is any building or structure
permitted to be designed in such a way as to permit the entry of flood
waters below the level of 76 metres Canadian Geodetic Datum.
[Note: Former ER-2 of former zoning by-law 32-74]
L428.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Water Setback: No building or structure is permitted closer than 10
metres to the high water mark of the pond located on Lot 10 of the Draft
Approved Plan of Subdivision.
(b) Special Provision: No buildings or structures other than marine facilities,
and no sewage system is permitted closer than 30 metres from the high
water mark of the St. Lawrence River nor is any building or structure other
than a marine facility permitted to be located below an elevation of 76.9
metres (Canadian Geodetic Datum).
[Note: Former ER-6 of former zoning by-law 32-74]
L429.
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 one or more of the following uses: a
conservation use excluding a building and a public use excluding a
building in accordance with the following provisions:
(i)
Accessory Uses: No use accessory to a main residential use located
in an adjoining zone is permitted on the lands subject to this
Exception.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 410
(ii) Location: The Exception boundary is defined as being the contour
line of 76.6 metres geodetic (Canadian Geodetic Datum).
[Note: Former FP-1 and Sections 5(1), 22A(1) and 22A(2) of former zoning by-
law 32-74]
L430.
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 one or more of the following uses: a
detached single family dwelling house, a home occupation, or a public
use, in accordance with the following provisions:
(i)
Lot Area (minimum) 0.8 hectares.
(ii) Rear yard Depth (minimum) 30 metres.
[Note: Former RR-8 and Sections 8(1) and (2) of former zoning by-law 32-74]
L431.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Lot Area (minimum): 5 hectares.
(b) Minimum Elevation: No opening to any building or structure is permitted
to be constructed below the minimum elevation of 98.3 metres geodetic.
(c)
Lot Development Requirement: Where a lot is divided into more than one
zone, the lot lines not the zone boundaries, are used to calculate the lot
area only.
(d) Special Setback: No building or structure is permitted within 15 metres of
the Wetland edge which is defined as having an elevation of 97.5 metres
geodetic.
[Note: Former A1-33 of former zoning by-law 32-74]
L432.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Lot Frontage (minimum): 55 metres.
(b) Water Frontage (minimum): Any lot having water access must have not
less than 60 metres of water frontage.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 411
(c)
No building opening is permitted to be built or altered below 89.22
metres geodetic.
(d) No marine facility is permitted closer than 5 metres to a side lot line.
(e)
No building, structure or septic system is permitted closer than 30 metres
from the high water mark.
(f)
Lands located below the contour line of 88.92 metres geodetic must be
used for no other purpose that one or more of the following uses: a
conservation use, a forestry use or a marine facility.
(g) Despite the location of the existing house as of the date of passing of the
site specific by-law is recognized as complying with the required setback
from the high water mark.
[Note: Former ER-5 and Section 16(2) of former zoning by-law 76-26]
L433.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Additional Permitted Use: One dwelling unit within an accessory building,
subject to the provisions of this Exception.
(b) Maximum number of dwelling units per lot: 3, comprised of a two-family
dwelling and one dwelling unit within an accessory building.
(c)
Minimum Front Yard: 3.0 metres.
(d) Minimum Yard Adjacent to First Avenue: 1.2 metres.
(e)
Front Yard Projections: The stairs used to access the main entrance of a
dwelling must be set back a minimum of 1.5 metres from the front lot
line.
(f)
Minimum Lot Area: 120 square metres per dwelling unit.
(g) Minimum Lot Width: 9.0 metres .
(h) Driveway width:
(i)
The minimum width of a driveway, including a single shared
driveway serving two adjacent lots, is 3.0 metres.
(ii) For the corner lot fronting on Nelson Street and First Avenue, the
portion of the driveway located within the limits of the lot must not
exceed 9.24 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 412
(i)
Accessory Building Maximum Height: 7.5 metres.
(j)
Accessory Building Maximum Lot Coverage: 15%.
(k)
Accessory Building Minimum Rear Yard Setback: 0.8 metres.
(l)
Accessory Building Minimum Interior Side Yard Setback: 0 metres. The
provisions requiring residential units to front on a street do not apply.
[Note: Former A5.575 and Sections 5 and 11 of former zoning by-law 8499]
L434.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum Front Yard: 3.0 metres.
(b) Front Yard Projections: The stairs used to access the main entrance of a
dwelling must be set back a minimum of 1.5 metres from the front lot
line.
(c)
Minimum Lot Area: 340 square metres per dwelling unit.
(d) Minimum Lot Width: 9.0 metres.
[Note: Former A5.576 and Sections 5 and 11 of former zoning by-law 8499]
L435.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Additional Permitted Use: Semi-Detached Dwelling.
(b) Minimum Lot Area: 175 square metres per dwelling unit.
(c)
Minimum Front Yard: 1.3 metres, Adelaide Street and 2.6 metres, Division
Street.
(d) Maximum Percentage of Lot Coverage: 44%.
(e)
Maximum Residential Building Height: 11.6 metres.
(f)
Maximum Floor Space Index: 1.3.
(g) Minimum Number of Required Parking Spaces: 0.75 spaces per dwelling
unit.
(h) Up to 41 square metres of the rear or interior side yard may be used as
uncovered surface parking spaces for residential use.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 413
(i)
Parking Design Standards: minimum 5.2 metres long by 2.6 metres wide.
(j)
Unenclosed porches, decks, balconies, steps and verandahs, covered or
uncovered, are permitted, provided that if they exceed 1.2 metres in
height, the following provision applies:
(i)
Minimum setback from Front Lot Line: 0.7 metres.
[Note: Former A.596 and Sections 5 and 6 of former zoning by-law 8499]
L436.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Additional Permitted Use: Semi-Detached Dwelling.
(b) Minimum Lot Area: 160 square meters per dwelling unit.
(c)
Minimum Front Yard: 2.0 metres.
(d) Minimum Rear Yard: 6.0 metres.
(e)
Maximum Percentage of Lot Coverage: 39%.
(f)
Maximum Residential Building Height: 11.6 metres.
(g) Maximum Floor Space Index: 1.1.
(h) Up to 54.1 square metres of the rear or interior side yard may be used as
uncovered surface parking spaces for residential use.
(i)
Parking Design Standards: minimum 5.2 metres long by 2.6 metres wide.
(j)
Unenclosed porches, decks, balconies, steps and verandahs, covered or
uncovered, are permitted, provided that if they exceed 1.2 metres in
height, the following provisions apply:
(i)
Minimum setback from Front Lot Line: 0.2 metres; and
(ii) Minimum setback from Rear Lot Line: 4.4 metres.
[Note: Former A.595 and Sections 5 and 6 of former zoning by-law 8499]
L437.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Additional Permitted Use: Multiple Family Dwelling (maximum 3 units).
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 414
(b) Minimum Lot Area: Multiple Family Dwelling: 269 square metres for each
unit.
(c)
Maximum Number of Bedrooms: 7 bedrooms.
[Note: Former A5.603 and Sections 5 and 11 of former zoning by-law 8499]
L438.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Front yard setback (minimum): 4 metres.
(b) Side yard setback (minimum): 1.5 metres.
(c)
Rear yard setback (minimum): 8 metres.
(d) Maximum density: 69 dwelling units per net hectare.
(e)
Minimum lot width: 18 metres.
(f)
Minimum landscaped open space: 30% of the total lot area.
(g) Minimum floor area (per dwelling unit):
(i)
1 bedroom unit: 42 square metres; and
(ii) 2 bedroom unit: 56 square metres.
(h) Number of parking spaces: A minimum of 10 on-site parking spaces must
be provided.
(i)
Unenclosed decks, porches, patios, and stairs can project into the eastern
interior side yard, but cannot be built closer than 0.2 metres to the lot
line.
(j)
Maximum driveway width: 10.7 metres.
(k)
Amenity Area: Amenity area provisions regulating the length relative to
the width do not apply.
[Note: Former B1.594 and Sections 5 and 14 of former zoning by-law 8499]
L439.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Additional Permitted Uses: Row dwelling containing three dwelling units.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 415
(b) Lot Line Interpretation: for the purpose of zone interpretation, the lot line
along the Chatham Street frontage is deemed to be the Front Lot Line,
the eastern lot line opposite the Chatham Street frontage is deemed to
be the Rear Lot Line, the lot line along the Elm Street frontage is deemed
to be the Exterior Side Lot Line; and the southern lot line opposite the
Elm Street frontage is deemed to be the Interior Side Lot Line.
(c)
Maximum Height of the Principal Dwelling: 10.7 metres.
(d) Minimum Front Yard: 3.0 metres.
(e)
Minimum Rear Yard: 6.3 metres.
(f)
Line of Corner Lots:
(i)
Minimum yard abutting Elm Street: 0.7 metres; and
(ii) Minimum yard abutting Chatham Street: 3.0 metres.
(g) Minimum Side Yard: 0.7 metres.
(h) Minimum Aggregate Side Yard: 1.9 metres.
(i)
Maximum Lot Occupancy: 136%.
(j)
Minimum Number of Required Parking Spaces: 0.67 parking spaces per
dwelling unit.
(k)
Minimum standard parking space dimensions: 2.6 metres wide by 5.2
metres long.
(l)
Minimum driveway width: 2.6 metres.
(m) Definition of Dwelling, Multiple Family: a building having independent
exterior walls and containing three or more dwelling units, and includes a
"Dwelling, Row" as defined by former zoning by-law 8499.
(n) Minimum Bicycle Parking Space Dimensions: 0.6 metres by 0.2 metres,
and 2.2 metres overhead clearance.
(o) There is no minimum rear yard or interior yard setback requirement for
accessory structures for the use of bicycle storage.
[Note: Former B3.586 and Sections 5 and 16 of former zoning by-law 8499]
L440.
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 20: Legacy Exceptions - Part 2, Page 416
(a)
Permitted Residential Uses:
(i)
a detached single-family dwelling house.
(b) Non-Residential Uses:
(i)
a home occupation.
(c)
Prohibited Uses: Boat houses.
(d) Roof-mounted antennas and satellite dishes with a diameter and/or
height equal to or exceeding 1 metre are prohibited. The maximum
height permitted for roof-mounted antennas and satellite dishes,
measured from the average finished grade to the highest point of the
roof-mounted satellite dish or antenna, is 10 metres. Antennas and
satellite dishes may be mounted on the ground, provided they are
mounted at least 15 metres from the top of the slope facing Gibraltar
Bay.
(e)
Height of Building (maximum): 10 metres.
(f)
Water Setback (minimum): 30 metres from the high water mark.
(g) Top of Slope Setback (minimum): 15 metres from the top of the slope
facing Gibraltar Bay.
(h) Driveways:
(i)
Only one driveway is permitted on the lot designated as lot 1, as
approximately shown on Figure L440.
(ii) Only one shared driveway is permitted for the lots designated as
lots 2 and 3, as approximately shown on Figure L440 and no other
driveways will be permitted on either of these lots.
(iii) Only one shared driveway is permitted for the lots designated as
lots 4 and 5, as approximately shown on Figure L440 and no other
driveways will be permitted on either of these lots, with the
exception of lot 5, which is permitted to maintain a separate
driveway for the sole purpose of water access.
[Note: Former ER-18 and Sections 5 and 7 of former zoning by-law 32-74]
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 417
Figure L440
L441.
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 this By-law, a multi-unit residential
dwelling is permitted, and units are permitted at grade and /or in the
basement.
(b) Maximum Density: The maximum permitted density is 180 residential
units per net hectare.
(c)
Amenity Area: A minimum of 20 square metres of amenity area must be
provided.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 418
(d) The provisions of this By-law regulating the design of Amenity Area, do
not apply.
(e)
Off-Street Parking Requirements:
(i)
On-site vehicular parking is not required.
(ii) On-site accessible parking is not required.
(iii) On-site bicycle parking stalls must be a minimum of 1.8 metres by
0.3 metres with a minimum overhead clearance of 2.1 metres.
(iv) A minimum of 4 bicycle parking stalls must be provided.
[Note: Former C1-53 and Sections 5 and 7 of former zoning by-law 96-259]
L442.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
The minimum interior side yard width for an automobile service station
abutting a commercial zone is 2.5 metres.
[Note: Former C2-76 and Section 19 of former zoning by-law 76-26]
L443.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
The minimum required front yard from the easterly limit of Division Street
is 25.9 metres.
[Note: Former C2.79 of former zoning by-law 8499]
L444.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
The permitted uses also include a building for recreational use by the
Kingston Rowing Club and the Cataraqui Canoe Club.
[Note: Former P.155 of former zoning by-law 8499]
L445.
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 20: Legacy Exceptions - Part 2, Page 419
(a)
The only permitted uses are a church, an accessory dwelling house, or an
accessory dwelling unit in accordance with the provisions of this
Exception.
(b) Interior Side Yard Width (minimum): 7.5 metres.
(c)
Rear Yard Depth (minimum): 70 metres.
(d) Height Of Building:
(i)
Minimum: 6 metres; and
(ii) Maximum: 12 metres.
(e)
Accessory Uses and Parking must comply with this By-law except:
(i)
No part of any parking area, other than a driveway, is permitted
closer than 7.5 metres to a street line or closer than 4 metres to a
side lot line.
(ii) No part of any parking area including a driveway is permitted closer
than 7.5 metres to a rear lot line.
(iii) Unenclosed porches, balconies, steps and ramps may project into
any front yard or exterior side yard, provided they are no closer than
1.2 metres to any lot line.
(iv) There is no minimum height requirement for an accessory use,
building, or structure.
[Note: Former I-6 of former zoning by-law 32-74]
L446.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Front Yard Depth (minimum): 6.0 metres.
(b) Interior Side Yard Width (minimum): 3.0 metres.
(c)
Rear Yard Depth (minimum): 3.0 metres.
(d) Lot Coverage (maximum): 25%.
[Note: Former OS-7 and Section 22(2) of former zoning by-law 32-74]
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 420
L447.
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 one or more of the following uses: a
conservation use excluding a building and a public use excluding a
building in accordance with the following provisions:
(b) Accessory Uses: No use accessory to a main residential use located in an
adjoining zone is permitted on the lands subject to this Exception.
(c)
Location: The boundary of this Exception is defined as being the contour
line of 76.6 metres geodetic (Canadian Geodetic Datum).
[Note: Former FP-1 and Section 5(1) and 22A of former zoning by-law 32-74]
L448.
L448 Removed see By-Law 2023-221
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Height at Build-to-Plane 3 storeys, not to exceed 12.75 metres.
(b) Maximum Building Height 3 storeys, not to exceed 12.75 metres.
[Note: Former C1-1 and Section 7.2.2.1. of former zoning by-law 96-259]
L449.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Additional Permitted Residential Uses:
(i)
One-family Dwelling; and
(ii) Six-family Dwelling.
(b) Additional Residential Units are not permitted.
(c)
For the purposes of zoning interpretation, the lands subject to this
Exception are considered one lot for the following attributes:
(i)
Landscaped open space;
(ii) Amenity space;
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 421
(iii) Number of parking spaces;
(iv) Number of dwellings;
(v)
Number of units;
(vi) Number of bedrooms;
(vii) Density; and
(viii) Lot coverage.
(d) For the purposes of zoning interpretation, the Raglan Road and Rideau
Street frontages are considered front lot lines. All other lot lines are
considered side lot lines.
(e)
The One-family Dwelling use located at 5 Raglan Road must be contained
within the existing building on the property on the date of passing of the
site specific by-law.
(f)
Maximum Number of Dwellings: 2.
(g) Maximum Number of Bedrooms (in the aggregate): 15.
(h) Minimum Yard Setbacks for Six-family Dwelling at 178 Rideau Street:
(i)
Southern Front Yard: 1.4 metres;
(ii) Eastern Front Yard: 0.5 metres;
(iii) Northern Side Yard: 7.0 metres;
(iv) Western Side Yard: 2.0 metres; and
(v)
Aggregate side yard widths do not apply.
(i)
Minimum Distance between Building Exterior Walls: 2.5 metres.
(j)
Minimum Parking Space Dimensions: 2.6 metres by 5.2 metres.
(k)
Minimum Number of Parking Spaces: 4 spaces.
(l)
Parking Location: Parking is permitted within the eastern front yard
(Rideau Street frontage) immediately north of the proposed 6-unit
building.
(m) Minimum Accessible Parking Space Dimensions: 3.4 metres by 5.2 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 422
(n) Minimum Accessible Aisle Dimensions: 1.5 metres by 5.2 metres.
(o) Minimum Amenity Area: 100 square metres.
(p) Communal amenity areas must have a minimum area of 13.5 square
metres.
(q) Maximum Lot Coverage: 35%.
(r)
Minimum Landscaped Open Space: 32%.
(s)
Maximum Residential Density: 129 dwelling units per net hectare.
(t)
Projections:
(i)
Stairs are required to be setback a minimum of 0.5 metres from the
eastern front lot line.
(ii) Access wells may project a maximum of 1.4 metres into the
southern front yard.
(u) Bicycle Parking:
(i)
A vertical bicycle parking area may also be provided, so long as it
complies with all of the following requirements:
(1) Minimum 0.6 metres wide, 1.8 metres tall and 1.0 metre in
depth;
(2) Has access either directly, or by way of an aisle, sidewalk or
ramp, to a public or private lane or to a street without the
necessity of moving any vehicle; and
(3) Is secured and covered from weather elements.
(v)
Accessory structures are permitted to be located within the side yard and
must be setback 1.4 metres from the southern front lot line. No setback is
required from the main building it serves.
[Note: former B.618 and Sections 5 and 6 of former zoning by-law 8499]
L450.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted Use: Multiple family dwelling.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 423
(b) Maximum Number of Dwelling Units: 8.
(c)
Maximum Number of Bedrooms: 11.
(d) Minimum Number of Required Parking Spaces: 1 parking space per
dwelling unit.
(e)
Location of Off-Street Parking:
(i)
Minimum setback from front lot line: 3.6 metres;
(ii) Up to 136 square metres of the front yard may be used as
uncovered surface parking spaces for residential use; and
(iii) Parking may be permitted within the front yard space, parallel to the
street.
(f)
Projections into Yards: An existing covered or uncovered porch and stairs
exceeding 1.2 metres in height above the finished grade level may project
out from the main building wall, provided they are no closer than 0.3
metres from the interior side yard along the northern lot line.
[Note: Former A2.584 and Sections 5 and 8 of former zoning by-law 8499]
L451.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Front Yard Depth:
(i)
(minimum): 4.5 metres; and
(ii) (maximum): 13 metres.
(b) Building Depth (Maximum): 20 metres.
(c)
A 6.0 metre buffer from the adjacent environmental protection area must
be provided.
(d) Rear Yard Depth (minimum): 7.5 metres.
(e)
No accessory use, building or structure (including but not limited to
swimming pools, unenclosed decks, porches, patios, balconies, steps,
verandas and ornamental structures, covered or uncovered) are permitted
within 6.0 metres of the rear lot line dividing the lots from lands identified
as environmental protection area.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 424
[Note: Former R12-2 and Section 11l of former zoning by-law 32-74]
L452.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Definitions:
(i)
"Height" means highest point of any structure exclusive of any
accessory roof construction such as a chimney.
(b) The only permitted use is a single family dwelling house.
(c)
Prohibited uses: Flag poles, television antennae, satellite dishes, and
similar radio and microwave antennae are not permitted.
(d) Lot Area (minimum): 630 square metres.
(e)
Lot Frontage (minimum): 7 metres.
(f)
Front Yard Depth (minimum): 30.5 metres.
(g) Exterior Side Yard Width (minimum): 1.2 metres.
(h) Interior Side Yard Width (minima):
(i)
in the case of only 1 such yard: 3.9 metres; and
(ii) in the case of more than 1 such yard: 1.2 metres on one side and 3.9
metres on any other side provided that on that side where there is
an attached private garage with no living space above, below, in
front or behind, the minimum interior side yard width may be
reduced from 3.9 metres to 1.2 metres.
(i)
Rear Yard Depth (minimum): 10.0 metres.
(j)
Water Setback (minimum): 15.0 metres.
(k)
Setback (minimum): 6.0 metres plus the minimum required front yard
depth.
(l)
Yards for Accessory Buildings and Structures/Location of accessory
buildings and Structures:
(i)
No accessory building or structure is permitted:
(1) within 30 metres of the high water mark;
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 425
(2) within 1.2 metres of any interior side lot line;
(3) within 1.2 metres of any exterior side lot line; and
(4) within in any front yard.
(m) No detached accessory building or structures is permitted closer than 1.2
metres to a main building.
(n) Lot Coverage:
(i)
exclusive of accessory buildings and structures, with or without
dwelling space below or above, steps, unenclosed porches,
verandahs, balconies, decks, and patios (maximum): 400 square
metres;
(ii) accessory buildings and structures, (maximum): 28 square metres;
(iii) steps; unenclosed porches; verandahs; balconies; and decks and
patios more than 0.6 metres above the lowest ground level adjacent
to the deck or patio (maximum) total: 45 square metres;
(iv) in rear yard (maximum): 22.5 square metres;
(v)
in front yard (maximum): 22.5 square metres; and
(vi) decks and patios less than 0.6 metres above the lowest ground level
adjacent to the deck or patio (maximum): 45 square metres
(o) Height of Buildings (maximum): 95 metres (Canadian Geodetic Datum,
this is the absolute elevation not the height above grade).
(p) Dwelling Houses per Lot (maximum): 1 only
(q) Driveway:
(i)
Location of Driveway: No part of any driveway is permitted within
3.5 metres of the boundary of this Exception. Abutting driveways are
permitted.
(ii) Access/Width of Driveway (maximum): 3.0 metres.
(iii) Number of Driveways: 1 only.
(r)
Parking Spaces:
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 426
(i)
Number of Parking Spaces Per Dwelling Unit (minimum): 2.
(ii) Width of Parking Space (minimum): 3.0 metres.
(iii) Length of Parking Space (minimum): 6.0 metres.
(iv) Area of Parking Space (minimum): 18.0 square metres.
(v)
Location of Parking Spaces: All yards, except a required rear yard or
required front yard, provided that no part of any parking area is
located closer than 1.2 metres to an interior side lot line. Nothing
prevents the establishment of a required parking space directly
behind or directly in front of another required parking space.
(s)
Yard Encroachments: Steps may project into any required rear yard a
maximum distance of 1.5 metres and into any other required yard a
maximum distance of 0.5 metres. A deck or patio with no roof structure
not more than 0.6 metres above the lowest ground level adjacent to the
deck or patio and covering not more than 18 square metres of a required
rear yard may project into a required rear yard not more than 5.5 metres.
(t)
Minimum Elevation: No dwelling house is permitted with a floor elevation
below 76.6 metres (Canadian Geodetic Datum).
[Note: Former R1-47 and Sections 9(1) and (2) of former zoning by-law 32-
74]
L453.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Definitions:
(i)
"Height" means highest point of any structure exclusive of any
accessory roof construction such as a chimney.
(b) The only permitted use is a single family dwelling house.
(c)
Prohibited uses: Flag poles, television antennae, satellite dishes, and
similar radio and microwave antennae are not permitted.
(d) Lot Area (minimum): 670 square metres.
(e)
Lot Frontage (minimum): 30 metres.
(f)
Front Yard Depth (minimum): 1.2 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 427
(g) Exterior Side Yard Width (minimum): 1.2 metres.
(h) Interior Side Yard Width (minimum):
(i)
in the case of only 1 such yard: 3.9 metres; and
(ii) in the case of more than 1 such yard: 1.2 metres on one side and 3.9
metres on any other side provided that on that side where there is
an attached private garage with no living space above, below, in
front or behind, the minimum interior side yard width may be
reduced from 3.9 metres to 1.2 metres.
(i)
Rear Yard Depth (minimum): 10.0 metres.
(j)
Water Setback (minimum): 15.0 metres.
(k)
Setback (minimum): 6.0 metres plus the minimum required front yard
depth.
(l)
Yards for Accessory Buildings and Structures/Location of accessory
buildings and Structures:
(i)
No accessory building or structure is permitted:
(1) within 30 metres of the high water mark,
(2) within 1.2 metres of any interior side lot line,
(3) within 1.2 metres of any exterior side lot line,
(4) within in any front yard.
(m) No detached accessory building or structure is permitted closer than 1.2
metres to a main building.
(n) Lot Coverage:
(i)
exclusive of accessory buildings and structures, with or without
dwelling space below or above, steps, unenclosed porches,
verandahs, balconies, decks, and patios (maximum): 400 square
metres;
(ii) accessory buildings and structures, (maximum): 28 square metres;
(iii) steps; unenclosed porches; verandahs; balconies; and decks and
patios more than 0.6 metres above the lowest ground level adjacent
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 428
to the deck or patio (maximum): in rear yard (maximum): 22.5
square metres; and
(iv) decks and patios less than 0.6 metres above the lowest ground level
adjacent to the deck or patio (maximum): 45 square metres.
(o) Height of Buildings (maximum): 10 metres.
(p) Dwelling Houses per Lot (maximum): 1 only.
(q) Location of Driveway: Nothing prevents the location of a driveway within
a required interior side yard, provided that no driveway is located within
0.5 metres of a side lot line. No driveway is permitted within a required
exterior side yard or a required rear yard. A driveway within a front yard
must be located not less than 1.2 metres from an exterior side lot line and
not less than 0.5 metres form an interior side lot line.
(r)
Driveway:
(i)
Access/Width of Driveway (maximum): 3.0 metres.
(ii) Number of Driveways: 1 only.
(s)
Parking Spaces:
(i)
Number of Parking Spaces Per Dwelling Unit (minimum): 2.
(ii) Width of Parking Space (minimum): 3.0 metres.
(iii) Length of Parking Space (minimum): 6.0 metres.
(iv) Area of Parking Space (minimum): 18.0 square metres.
(v)
Location of Parking Spaces: All yards, except a required rear yard or
required front yard, provided that no part of any parking area is
located closer than 1.2 metres to an interior side lot line. Nothing
prevents the establishment of a required parking space directly
behind or directly in front of another required parking space.
(t)
Yard Encroachments: Steps may project into any required rear yard a
maximum distance of 1.5 metres and into any other required yard a
maximum distance of 0.5 metres. A deck or patio with no roof structure
not more than 0.6 metres above the lowest ground level adjacent to the
deck or patio and covering not more than 18 square metres of a required
rear yard may project into a required rear yard not more than 5.5 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 429
(u) Minimum Elevation: No dwelling house is permitted with a floor elevation
below 76.6 metres (Canadian Geodetic Datum).
[Note: Former R1-46 and Sections 9(1) and (2) of former zoning by-law 32-
74]
L454.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Definitions:
(i)
"Height" means the vertical distance between the lowest exposed
ground level adjacent to a building and the highest point of the
building proper, exclusive of any accessory roof construction such as
a chimney.
(ii) "Height to Eave" means the vertical distance between the finished
floor level of the storey immediately above a basement or cellar and
the point at which the eave meets the exterior wall.
(iii) "Lot Coverage" means that percentage of the lot area covered by
the perpendicular projections onto a horizontal plane of the area of
all buildings and structures exclusive of: pools; and canopies,
balconies, and overhanging eaves which are not less than 2.5 metres
above finished grade.
(iv) "Lot Coverage Dwelling Unit" means that area of the lot covered by
the perpendicular projections onto a horizontal plane of the area of
all buildings and structures exclusive of: accessory buildings and
structures; attached garages without dwelling space below or above;
unenclosed porches, verandahs, balconies, decks, patios and
canopies; pools; and overhanging eaves which are not less than 2.5
metres above finished grade.
(b) The only permitted use is a single family dwelling house.
(c)
Prohibited uses: Flag poles, television antennae, satellite dishes, and
similar radio and microwave antennae are not permitted.
(d) Lot Area (minimum): 460 square metres.
(e)
Lot Frontage (minimum): 15 metres.
(f)
Front Yard Depth (minimum): 1.2 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 430
(g) Interior Side Yard (minimum): 1.2 metres on one side and 4.0 metres on
any other side provided that on that side where there is an attached
private garage with no living space above, below, in front or behind, the
minimum interior side yard width may be reduced from 4.0 metres to 1.2
metres.
(h) Exterior Side Yard (minimum): 1.2 metres.
(i)
Rear Yard Depth (minimum): 7.5 metres.
(j)
Setback (minimum): 6.1 metres plus the minimum required front yard
depth.
(k)
Yards For Accessory Uses, Buildings And Structures Including Attached
Garages: No accessory use, building or structure is permitted within 1.2
metres of a front yard nor within 1.2 metres of any side or rear lot line.
(l)
Lot Coverage (maximum): 35%.
(m) Lot Coverage Dwelling Unit (maximum): 121 square metres
(n) Lot Coverage Accessory Uses, Buildings And Structures (maximum): 55
square metres
(o) Landscaped Open Space (minimum): 50%
(p) Height Of Buildings (maximum): 7.8 metres
(q) Height To Eave (maximum): 4.5 metres
(r)
Roof Slope: All dwelling units must have sloping roofs.
(s)
Dwelling Houses Per Lot (maximum): 1 only
(t)
Driveway:
(i)
Location Of Driveway: Nothing prevents the establishment of a
driveway within a required interior side yard, provided that no
driveway is located within 0.5 metres of an interior side lot line. A
driveway within a front yard must be located not less than 4.0
metres from an exterior side lot line and not less than 0.5 metres
from an interior side lot line. A driveway within a rear yard must be
located not less than 0.5 metres from a rear lot line.
(ii) Access/Width Of Driveway
(1) (maximum): 4.0 metres; and
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 431
(2) (minimum): 3.0 metres.
(iii) Number Of Driveways (maximum): 1 only.
(u) Parking Spaces:
(i)
Number Of Parking Spaces Per Dwelling Unit (minimum): 2.
(ii) Width Of Parking Space (minimum): 3.0 metres.
(iii) Length Of Parking Space (minimum): 6.0 metres.
(iv) Area Of Parking Space (minimum): 18.0 square metres.
(v)
Location Of Parking Spaces: All yards, except an exterior side yard or
a front yard, provided that no part of any parking area is located
closer than 0.5 metres to an interior side lot line and no closer than
4.0 metres to an exterior side lot line and no closer than 0.5 metres
to a rear lot line. Nothing prevents the establishment of a required
parking space directly behind or directly in front of another required
parking space.
[Note: Former R1-37 of former zoning by-law 32-74]
L455.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Additional Permitted Uses: The Kingston Youth Services Hub, which
consist of, but not be limited to: drop-in programs, including psychiatry
counselling services and occasional medical services; a youth culture,
banqueting and performing arts facility; transitional, emergency and
supportive housing, which includes a continuum of housing options; a
retail café, and a jobs skills centre.
(b) Maximum Height: No part of any building is permitted to exceed the
height limits in metres as shown on Figure L455, with a maximum 5%
variance on noted heights permitted, subject to subsection below.
(c)
Streetwall Height:
(i)
Princess Street Frontage: The minimum streetwall height for all
buildings and structures is 6.5 metres.
(ii) Albert Street Frontage:
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 432
(1) The minimum streetwall height for all buildings and structures
is 6.0 metres.
(2) The maximum streetwall height for all buildings and structures
is 14.0 metres.
(d) Minimum building frontage requirements specified in this By-Law do not
apply.
(e)
Setbacks and Stepbacks: Minimum setback and stepback requirements
must be as shown on Figure L455 with a maximum 5% variance on noted
dimensions permitted.
(f)
Projections into Required Setbacks: Banding, solar shading, canopies,
barrier free ramps, stairs, and similar features are permitted to project
into required setbacks, if approved under a Site Plan Control Agreement.
(g) Ground Floor Conditions:
(i)
Princess Street Frontage: The first storey of a building must have a
minimum floor to floor height of 3.3 metres.
(ii) Albert Street Frontage: The first storey of a building must have a
minimum floor to floor height of 4.1 metres.
(h) Rooftop Mechanical Equipment
(i)
Despite the height provisions of this Exception, rooftop mechanical
equipment is permitted to exceed the maximum allowable building
height by up to 4 metres, provided it does not cover more than 15%
of the rooftop area on which it is located, in the aggregate, and is
not located closer than 2.5 metres to the edge of a roof.
(i)
Parking Spaces: No vehicular parking spaces is required for the Kingston
Youth Services Hub use.
(j)
Loading Space Requirements: A minimum of 1 loading space is required.
(k)
Bicycle Parking Requirement (minimum):
(i)
A minimum of 60 covered and secure bicycle parking spaces are
required.
(ii) Wall mounted racking systems must have minimum dimensions of
0.6 metres wide by 1.8 metres high.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 433
[Note: Former C4-609 and Sections 5 and 23 of former zoning by-law ]
Figure L455
L456.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
For the purpose of zoning interpretation, the lands subject to this
Exception are considered one lot.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 434
(b) Lot Lines:
(i)
Front: lot line abutting Princess Street;
(ii) Rear: southern most lot line; and
(iii) Other lot lines: all lot lines, except the front lot line and rear lot line.
(c)
Front Yard (minimum): 6.0 metres.
(d) Rear Yard (minimum): 10.0 metres.
(e)
Other Lot Lines Setback (minimum): 4.0 metres each.
(f)
Maximum Lot Occupancy: 130%.
(g) Maximum Density: 145 dwelling units per net hectare.
(h) Minimum Parking Ratio: A minimum of 0.5 parking spaces must be
provided per dwelling unit.
(i)
Parking Location: Parking may be located up to the front wall of the main
building.
(j)
Parking Design Standards: The minimum size of a parking space is 2.6
metres wide and 6.0 metres long.
[Note: Former B3.606 and Sections 5 and 16 of former zoning by-law ]
L457.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum Lot Area of Lot 441: 527.6 square metres more or less.
(b) Minimum Lot Area of Lot 445: 516.5 square metres more or less.
(c)
Minimum Lot Area of Lot 453: 510.9 square metres more or less.
[Note: Former A2.46 of former zoning by-law 8499]
L458.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Any building or structure which existed at the date of the site specific by-
law that does not meet the provisions of this By-Law is considered a legal
non-complying building or structure. Nothing in this By-Law applies to
prevent a legal non-complying building or structure so long as it
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 435
continues to exist, and nothing in this By-law applies to prevent the
further development of this lot, provided the development:
(i)
Does not further increase the extent or degree of non-compliance
with the provisions of this By-Law; and
(ii) Complies with all other applicable provisions of this By-law.
(b) Nothing in this By-law applies to prevent the development of an
accessory structure on the lot, provided the development:
(i)
Does not further increase the extent or degree of non-compliance
with the provisions of this By-Law; and
(ii) Complies with all other applicable provisions of this By-Law.
[Note: Former E.615 and Section 17 of former zoning by-law ]
L459.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum Lot Area:
(i)
One family dwelling: 370.0 square metres.
(b) Minimum Lot Width:
(i)
One family dwelling: 12.0 metres; and
(ii) Two family dwelling: 15.0 metres.
[Note: Former A3.113 of former zoning by-law 8499]
L460.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum Lot Area: 230 square metres per dwelling unit.
(b) Minimum Lot Frontage:
(i)
18.0 metres per corner lot;
(ii) 15.0 metres per lot; and
(iii) 7.5 metres per dwelling unit.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 436
(c)
Minimum Front Yard Depth:
(i)
5.0 metres to main structure; and
(ii) 6.0 metres (minimum) to a garage and / or carport.
(d) Maximum Front Yard Depth: 6.0 metres to main structure.
(e)
Minimum Rear Yard Depth for lots Backing onto a Freeway:.8.0 metres to
main structure.
(f)
Minimum Side Yards:
(i)
A side yard must be provided on either side of the main building.
(ii) The minimum aggregate side yard width is 2.4 metres.
(iii) Each side yard must not, at any point in its length, be a lesser width
than 1.2 metres.
(iv) A side yard along a common wall is 0 metres.
(v)
Main buildings other than dwellings or accessory buildings if 4.6
metres in height or less (each side) 3.0 metres, and for each
additional 0.6 metres in height in excess of 4.6 metres (each side)
0.3 metres.
(vi) On a corner lot the minimum side yard abutting a street is 7.5
metres.
[Note: Former A5.356 of former zoning by-law 8499]
L461.
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 297.0 square metres.
(b) The Minimum Front Yard is 4.9 metres.
[Note: Former A5.51 of former zoning by-law 8499]
L462.
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 permitted on the site is 103
dwelling units.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 437
(b) The minimum number of parking spaces required is 109 spaces.
(c)
The minimum amount of landscaped open space is 12,800 square metres;
this space may also be part of the area used for Play Space and Amenity
Space.
[Note: Former B2.410 and Section 15 of former zoning by-law 8499]
L463.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Setbacks and other relevant zoning provisions are to be measured from
and based on the Exception boundary.
(b) Lot Lines:
(i)
Front: lot line abutting private driveway; and
(ii) Other lot lines: all lot lines, except front lot line.
(c)
Other Lot Lines Setback (minimum): 3.0 metres each.
(d) Maximum Density: 130 dwelling units per net hectare.
(e)
Minimum Parking Ratio: A minimum of 0.5 parking spaces must be
provided per dwelling unit.
(f)
Parking Location: Parking may be located in front of the front wall of the
main building.
[Note: Former B3.607 and Sections 5 and 16 of former zoning by-law 8499]
L464.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Definitions:
(i)
"Mixed Commercial/Residential Development" means a building or
structure which is used for a combination of commercial and
residential uses where the ground floor frontage on Princess Street
is used for commercial purposes.
(b) Permitted Uses;
(i)
The only permitted uses are: Commercial Uses, Auditorium or Public
Hall, Art Gallery, Bakery, Bake Shop, Bank or Financial Establishment,
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 438
Church or Religious Institution, Commercial Entertainment
Establishment, Commercial Establishment, Commercial Recreational
Facility, Commercial School, Community or Recreation Centre,
Computer Programming Establishment, Convenience Store, Data
Processing Establishment, Day Care Centre, Drugstore/Pharmacy,
Dry Cleaning Outlet, Florist, Food Store, Funeral Home, Government
Office, Home Occupation, Laundry-Coin Operated, Liquor or Beer
Store, Medical Clinic, Medical Office, Nursing Home, Office, Office
Supply and Equipment Sales-Rental and Service, Personal Service
Establishment, Pet-Grooming Establishment, Photo or Artist Studio,
Photocopying or Blueprinting Shop, Photofinishing Establishment,
Postal or Courier Service, Private Social and Cultural Facility, Public
Use, Radio or Television Studio, Rental Outlet, Repair Service,
Restaurant, Restaurant-Outdoor Patio, Restaurant-Take-Out, Service
Establishment, Specialty Retail Store, Telecommunications Services.
Non-Commercial Uses: Community Home, Community Support
House, Crisis Care Shelter, Home Occupation, Recovery Home,
Residential Care Facility. Mixed Uses: Mixed Commercial/Residential
Development.
(c)
Prohibited Uses:
(i)
Roof Top Antennas, Communication Towers, Microwave Towers.
(d) Regulations:
(e)
Minimum Front Yard: 0.0 metres.
(f)
Maximum Building Height:
(i)
No part of the building may exceed the height limits (in metres) as
shown on Figure L464B.
(ii) In addition, the following applies:
(1) Princess Street frontage: Second storey is built to the Princess
Street property line and has a maximum building height of
11.0 metres. Fifth storey steps back 7.6 metres and has a
maximum building height of 15.6 metres. The outdoor amenity
area located on the sixth level is setback 23.8 metres from the
Princess Street property line and must have a maximum
building height of 15.6 metres. No part of the building may
intrude into the 39 degree angular plane.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 439
(2) Queen Street frontage: Fifth storey is built to the Queen Street
property line and has a maximum building height of 16.4
metres. Sixth and seventh storeys step back 3.0 metres and the
seventh storey has a maximum building height of 22.5 metres.
Eighth and ninth storeys step back a further 3.2 metres and the
ninth storey has a maximum building height of 28.5 metres.
Mechanical penthouse has a maximum building height of 33.3
metres.
(iii) Height is measured from the average finish grade of 91.11 metres
(High point = 91.91 metres and Low point = 90.25 metres).
(g) Angular Plane:
(i)
The 39-degree angular plane is shown on Figure L464A.
(ii) The commencement height of the 39 degree angular plane at the
Princess Street build-to-plane is 17 metres with no intrusions.
(iii) The commencement height of the 39 degree angular plane at the
Queen Street build-to-plane is 17 metres, with allowable intrusions
starting at a building height of 19.4 metres and ending at a building
height of 28.5 metres. At a height of 16.4 metres the building steps
back 3.0 metres from the Queen Street frontage build-to-plane line.
At a height of 22.5 metres the building steps back a further 3.2
metres from the Queen Street frontage build-to-plane line. At a
height of 28.5 metres the location of the mechanical penthouse
steps back 27.2 metres from the Queen Street frontage. The
mechanical penthouse does not intrude into the angular plane.
Ornamental building features which project off the face of the
building up to 0.3 metres, including cornices and parapets, may
intrude into the angular plane.
(h) Build-to-Plane: 0 metres.
(i)
Maximum Residential Density: 740 residential units per net hectare.
(j)
Residential Off-Street Parking:
(i)
A minimum parking ratio of 0.5 parking spaces per residential unit.
(ii) Vertical stacked parking structures or facilities are permitted to be
located in the parking areas.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 440
(k)
Minimum Parking Space Dimensions: 2.6 metres wide by 5.2 metres long.
(l)
Minimum Barrier-Free Parking Space Dimensions:
(i)
Type 'A': 3.4 metres wide by 5.2 metres long;
(ii) Type 'B': 2.6 metres wide by 5.2 metres long; and
(iii) Minimum Accessible Aisle Dimensions: 1.5 metres by 5.2 metres and
marked with high tonal contrast diagonal lines.
(m) Minimum Loading Space Dimensions: 3.0 metres by 7.0 metres.
(n) Minimum Bicycle Parking: A minimum of 1 bicycle parking space per unit,
including spaces for ebikes and scooters. Bicycle parking will be a range
of standard and premium spaces with a minimum of 10% premium
spaces providing individual bicycle storage lockers. Vertical bicycle
storage spaces will have a minimum size of 0.5 metres wide and 1.5
metres deep with a 1.2 metres wide access aisle. Horizontal bicycle
storage spaces will have a minimum size of 0.6 metres wide and 1.8
metres deep with a minimum access aisle width of 1.5 metres.
(o) Location of Loading Spaces: Loading spaces are located on-site within the
existing alley way in the front yard adjacent to Queen Street adjacent to
the west side of the building.
(p) Access to Loading Spaces: Loading spaces are accessed via the existing
5.3-metre-wide alley way adjacent to the west side of the building.
Loading spaces are not required to be screened from Queen Street.
(q) Storage Lockers: A minimum of 34 storage lockers will be provided for
the entire building, with a minimum of 2 storage lockers provided per
floor and a minimum size of 3 square metres per locker.
(r)
Community Benefits: The Owner will provide the City with a payment of
$60,992.24 as a community benefit contribution to be used to finance a
study on ways to improve the overall look and feel of Queen Street from
Division Street to Ontario Street to better align with the physical
treatments already completed on other downtown streets, for example.
Princess and Lower Brock Streets. These public realm improvements
could include, for example, upgrades to street lighting, sidewalks, active
transportation routes, and the planting of trees and plants.
Recommendations, after appropriate public consultations, will be
presented to Council for approval and budget discussions by Q2 2022.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 441
[Note: Former C1-51 of former zoning by-law 96-259]
Figure L464A
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 442
Figure L464B
L465.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum Setback of 30 metres from the railway rights-of-way to a
habitable structure.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 443
[Note: Former B1.364 of former zoning by-law 8499]
L466.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Minimum Rear Yard: 4.0 metres.
(b) Line of Corner Lots: Buildings on corner lots must have a minimum side
yard of 4 metres abutting a street.
(c)
Any lot line not abutting a public street are considered a side lot line.
(d) Maximum Density: 60 dwelling units per net hectare.
(e)
Maximum Height: 4 storeys.
(f)
Minimum Parking Ratio: 0.7 parking spaces per dwelling unit.
(g) Parking Area Location:
(i)
There are no restrictions on the location of on-site parking areas;
(ii) Front yard parking is permitted with a minimum setback of 6.2
metres from the front lot line;
(iii) Where front yard parking is provided, a landscaped buffer is
required within the required setback; and
(iv) No setback or landscaped buffer is required where front yard
parking is provided in a tandem arrangement which includes a
garage.
(h) Parking Space Dimensions:
(i)
The minimum size of a standard parking space is 2.6 metres wide
and 5.2 metres long.
(ii) The minimum length of Type A and Type B accessible spaces is 5.2
metres.
(i)
Bicycle Parking Space Dimensions:
(i)
The minimum size of a bicycle parking space is 0.3 metres wide and
1.8 metres long.
[Note: Former B1.568 and Sections 5 and 14 of former zoning by-law 8499]
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 444
L467.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Additional Permitted Uses: The following non-residential uses are
permitted on the ground floor of a multiple family dwelling:
(i)
Retail stores;
(ii) Neighbourhood stores;
(iii) Offices;
(iv) Banks or financial institutions;
(v)
Libraries, art galleries or museums;
(vi) Day care centres; and
(vii) Community centres.
(b) Minimum Front Yard: 7.0 metres, subject to the following provisions:
(i)
A minimum front yard of 4.0 metres is permitted from a lot line
abutting a public street other than Compton Street, Wilson Street or
Weller Avenue.
(ii) For a multiple family dwelling, a minimum front yard of 2.4 metres is
permitted from a lot line abutting a public street other than
Compton Street, Wilson Street and Weller Avenue.
(iii) For a multiple family dwelling, a minimum front yard of 4.0 metres is
permitted from a lot line abutting Compton Street.
(iv) Any lot line abutting a public street is considered a front lot line.
(c)
Minimum Side Yard: 3.0 metres.
(d) Any lot line not abutting a public street is considered a side lot line.
(e)
Maximum Density: 65 dwelling units per net hectare.
(f)
Minimum Parking Ratio: 0.7 parking spaces per dwelling unit.
(g) Parking is permitted off-site on a lot that is not more than 400 metres
from the lot upon which the main building(s) is situated.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 445
(h) Parking Space Dimensions:
(i)
The minimum size of a standard parking space is 2.6 metres wide
and 5.2 metres long.
(ii) The minimum length of Type A and Type B accessible spaces is 5.2
metres.
(i)
Bicycle Parking Space Dimensions:
(i)
The minimum size of a bicycle parking space is 0.3 metres wide and
1.8 metres long.
(j)
Loading spaces are not required.
(k)
Amenity Area: The provisions regulating the length relative to the width
of an amenity area do not apply.
[Note: Former B1.567 and Section 5 and 14 of former zoning by-law 8499]
L468.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted Use and bedrooms:
(i)
In addition to the uses permitted by this By-law, a semi-detached
dwelling is permitted.
(b) A maximum of 7 bedrooms is permitted per lot.
(c)
Minimum Lot Area for a Semi-detached Dwelling: 232 square metres per
dwelling unit.
(d) Minimum Lot Width for a Semi-detached Dwelling: 7.6 metres per
dwelling unit.
(e)
Minimum Interior Side Yard: 1.2 metres for a side that is not attached to
another dwelling and 0 metres for a side that is attached to another
dwelling.
(f)
Minimum Aggregate Side Yard Width: 1.2 metres.
(g) Parking Design Standards: The minimum size of a parking space is 2.7
metres wide and 5.7 metres long.
[Note: Former A5.616 and Sections 5 and 11 of former zoning by-law ]
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 446
L469.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
The minimum required front yard is 8.0 metres.
[Note: Former A4.311 and Section 10.3(a)iv. of former zoning by-law 8499]
L470.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
The minimum required side yard on the west side of the lot is 4.0 metres,
measured at right angles from the lot line to the point where the
minimum side yard setback intersects with the minimum required front
yard setback.
(b) The minimum side yard setback is projected northerly from that point at
right angles to the front lot line resulting in a minimum side yard setback
of 9.3 metres measured at right angles from the lot line to the point
where the projected setback intersects with the minimum required rear
yard setback.
(c)
The minimum side yard setback on the east side of the lot is 1.2 metres.
[Note: Former A4.312 and Section 10.3A of former zoning by-law 8499]
L471.
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 this By-law, the lands may also be
used for a lumber yard, a cartage or transport yard, a waste processing
site and a waste transfer station provided that said uses are developed
and operated in accordance with the provisions of this Exception.
(b) "Waste Processing Site" means a site which has received a Certificate of
Approval under the Environmental Protection Act, or such equivalent
approval as may exist from time to time under this or any successor
legislation, to allow the site to be used for the management or
preparation of waste for subsequent reuse or disposal.
(c)
"Waste Transfer Station" means a waste disposal site which has received a
Certificate of Approval under the Environmental Protection Act, or such
equivalent approval as may exist from time to time under this or any
successor legislation, to allow the site to be used for the purpose of
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 447
transferring waste from one vehicle to another for transportation to
another waste disposal site.
[Note: Former M4-1 of former zoning by-law 76-26]
L472.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
The subject lands are permitted to be developed with 44 single family
dwellings in accordance with the provisions of this Exception.
(b) Lot area (minimum): 500 square metres.
(c)
Lot frontage (minimum): 17.1 metres (corner); 15.0 metres (interior).
(d) Front yard depth (minimum): 6.0 metres.
(e)
Exterior side yard (minimum): 3.0 metres.
(f)
Interior side yard width: the required interior side yard on a lot with an
attached garage or carport is 0.6 meter on one side and 1.2 metres on
the other side. On a lot where there is no attached private garage or
attached carport, the minimum interior side yard is 2.4 meters on one
side and 0.6 metre on the other side.
(g) Rear yard depth (minimum): 6.0 metres.
(h) Lot coverage (maximum): 47%.
(i)
Height of Building (maximum): 10.6 metre.
(j)
Driveway width (maximum): 6.7 metres.
[Note: Former A2.319 of former zoning by-law 8499]
L473.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Lot area (minimum): 500 square metres.
(b) Minimum interior side yard of 0.6 metres and 1.2 metres for lots with a
rear lane access.
(c)
Lot frontage (minimum): 17.1 metres (corner); 15.0 metres (interior).
(d) Front yard depth (minimum): 6.0 metres.
(e)
Exterior side yard (minimum): 3.0 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 448
(f)
Rear yard depth (minimum): 6.0 metres.
(g) Lot coverage (maximum): 47%.
(h) Height of Building (maximum): 10.6 metres.
(i)
Driveway width (maximum): 6.7 metres.
(j)
Front yard driveway and front yard parking is prohibited for the
properties municipally known as 1101, 1103, 1105 and 1107 King Street
West.
[Note: Former A2.371 of former zoning by-law 8499]
L474.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Only permitted uses:
(i)
construction waste processing, such as asphalt and concrete
recycling; processing and separating of aggregates and soils from
construction sites;
(ii) stockpiling of construction waste for processing and reuse;
(iii) storage of empty construction bins;
(iv) topsoil recycling;
(v)
open storage of construction materials, equipment or vehicles;
(vi) a public use; and
(vii) a telecommunications tower.
(b) Minimum rear yard: 0 metres.
(c)
Minimum front yard: 0 metres.
(d) Minimum west side yard: 6 metres, except where the lands abut another
industrial zone or lands used for industrial purposes, in which case there
is no required minimum west side yard.
(e)
Minimum east side yard: 6 metres.
(f)
All areas identified as FODa woodland in the report entitled "Natural
Heritage Environmental Impact Assessment", prepared by Ecological
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 449
Services and dated June 29, 2020 must be protected by a berm or
concrete barrier that is:
(i)
located at least 5 metres from the drip line of the FODa woodland;
and
(ii) Minimum height: 0.8 metres.
[Note: Former M4-6 and Section 27 of former zoning by-law ]
L475.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Lot Area (minimum): 74 square metres per dwelling unit.
(b) Lot Frontage (minimum): 16 metres.
(c)
Rear Yard (minimum): 12.4 metres.
(d) Balconies:
(i)
A balcony serving a dwelling unit on the north elevation must not
project past the wall of the main building, except for a Juliet
balcony, which is comprised of a railing at the outer plane of a
window-opening reaching the floor, and having, when the window
is open, the appearance of a balcony.
(ii) A balcony serving a dwelling unit on the east, south and west
elevations may project not more than 2.5 metres out from the main
building into a required yard.
(e)
The minimum yard setbacks are subject to a maximum 5% variance in
dimensions.
(f)
Dwelling Unit Area (minimum): 1 Bedroom: 40 square metres.
(g) Maximum Building Height:
(i)
No part of the building is permitted to exceed the height limits (in
metres) as shown on Figure L475.
(ii) Height is measured from the finished floor grade of 96.34 metres
geodetic datum.
(iii) The height provisions of this Exception do not prevent the erection
of window washing equipment, lighting fixtures, ornamental
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 450
elements, lightning rods, parapets, trellises, eaves, guardrails,
balustrades, railings, stairs, stair enclosures, wheelchair ramps, vents,
ventilating equipment, landscape and green roof elements, solar
panels, partitions dividing outdoor recreation areas, wind mitigation,
chimney stack, exhaust flues, garbage chute overrun and public art
elements, mechanical penthouses, and architectural elements.
(h) Privacy Yards (minimum): a privacy yard, clear and unobstructed by any
parking area or any vehicular driveway must be provided adjoining each
habitable room window of every dwelling unit with a minimum depth
measured at right angles from such wall it adjoins in accordance with the
following:
(i)
Parking Area or Vehicular Driveway:
(1) Ground Floor Living Room Window: 3.4 metres, 2.0 metres to a
bicycle rack;
(2) Ground Floor Habitable Room Window: 3.4 metres, 2.0 metres
to a bicycle rack;
(ii) Pedestrian Access Surface:
(1) Within a privacy yard, an area unobstructed by a pedestrian
access must be provided extending at least 3.4 metres from
any ground floor window and at least 2.0 metres to a bicycle
rack, this distance measured radially from any point on the
window. However, this does not apply to that portion of a
pedestrian access leading directly from a building entrance or
to hardscaped areas within a courtyard. A window is
considered to be located on the ground floor if any portion of
the glazing is less than 2.5 metres above the adjacent exterior
ground level.
(i)
Off-Street Vehicle Parking:
(i)
A minimum parking ratio of 1.1 parking spaces per dwelling unit is
required;
(ii) Surface parking spaces must have minimum dimensions of 2.6
metres wide by 5.2 metres long;
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 451
(iii) Indoor garage parking spaces must have minimum dimensions of
2.6 metres wide by 5.9 metres long;
(iv) Aisle width must have a minimum dimension of 6.0 metres;
(v)
For a double-loaded drive aisle, the combined dimension of parking
space lengths and aisle width must be a minimum of 16.4 metres;
and
(vi) For a single-loaded drive aisle, the combined dimension of a
parking space length and aisle width must be a minimum of 11.2
metres.
(j)
Off-Street Bicycle Parking (minimum): 12 outdoor spaces and 27 indoor
spaces located in underground parking garage.
(k)
Accessible Parking Vertical Clearance (minimum): 2.1 metres, where
spaces provided indoors.
(l)
Yards Where Parking Is Permitted: Parking is permitted in the front yard
and side yard within 0.6 metres of the front yard or side yard lot line.
Parking is also permitted in that portion of the rear yard west of the
building but no closer than 6 metres to the rear lot line.
(m) Fencing: A solid wooden fence with a height of 2.4 metres must be
located on the lands in the following locations:
(i)
Along the full width of the rear property line;
(ii) Where they abut properties that are included on the Municipal
Heritage Register; and
(iii) Where the property abuts Block 11 of Registered Plan13M-39.
(n) Planting Strip Width (minimum): A planting strip with a minimum width of
3 metres and comprised of a mix of deciduous and coniferous native
species of trees and shrubs must be located:
(i)
Along the entire rear of the property, south of the required fencing;
and
(ii) Where the lands abut properties that are included on the Municipal
Heritage Register, west of the required fencing.
[Note: Former R5-25 and Sections 5 and 15 of former zoning by-law 76-26]
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 452
Figure L475
L476.
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 this By-law, a triplex is also a
permitted use, provided that the three units are contained within the
walls of the building in existence as of the date of the passing of the site
specific by-law.
(b) Minimum lot area 542 square metres.
(c)
The parking spaces size and location in existence as of the date of the
passing of the site specific by-law are deemed to comply.
[Note: Former A2.374 of former zoning by-law 8499]
L477.
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 20: Legacy Exceptions - Part 2, Page 453
(a)
The permitted uses are limited to:
(i)
An automobile wrecking yard; and
(ii) A salvage yard.
(b) Accessory Uses:
(i)
Vehicle sales establishment, limited to the sale of used vehicles; and
(ii) Retail sales related to the servicing of motor vehicles.
(c)
Accessory retail sales are limited to a maximum of 16% of the gross floor
area of the main building.
(d) The permitted salvage yard use is limited to the collection, dismantling,
sorting and storage of scrap metals. Processing of scrap metals, including
shredding, is prohibited.
(e)
For the purposes of zoning interpretation, the front, exterior, interior and
rear lot lines are as shown Figure L477A.
(f)
Minimum Setbacks for Buildings must be as shown on Figure L477B.
(g) Minimum Setbacks for all other Permitted Uses, including the storage of
articles or things wholly or partly in the open:
(i)
Front Lot Line: 20 metres.
(ii) Exterior Side Lot Line: 14 metres.
(iii) Interior Side Lot Line: 3 metres.
(iv) Rear Lot Line: 5 metres.
(h) Permitted Projections: A building overhang is permitted within a required
interior side yard, provided it is not located closer than 12 metres to an
interior side lot line.
(i)
Despite (h), no car crusher is permitted closer than 229 metres to the
exterior side lot line.
(j)
The maximum height of any storage of articles or things wholly or partly
in the open is 2.5 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 454
(k)
Structures associated with the placing of automobiles on the site are
permitted within an area used for storage of articles or things wholly or
partly in the open, up to a maximum height of 0.6 metres.
(l)
An opaque wooden fence that is at least 2.4 metres in height is required
along the entire exterior side lot line, in addition to the berm described in
subsection (m) below.
(m) A berm that is at least 1.0 metre in height is required along the exterior
side lot line wherever the grade of the site at the exterior side lot line is
less than 1.0 metre higher than the grade of the abutting street centre
line.
(n) Planting strips are required in the front yard, exterior side yard and rear
yard, and is only permitted to be used as the planting of trees, hedges,
shrubs, flower beds, grass or a combination thereof. The planting strips
must comply with the provisions of subsection (o) below and will be
further regulated through Site Plan Control.
(o) Required Planting Strip Width (minimum):
(i)
Front yard: 3.0 metres.
(ii) Exterior side yard: 8.5 metres.
(iii) Rear yard: 5.0 metres.
(p) Required Loading Spaces (minimum): 1 space.
(q) Required Vehicle Parking Spaces (minimum): 63 spaces.
(r)
A maximum of 11 required vehicle parking spaces may be used for the
display of used vehicles for sale.
(s)
Parking is permitted in any yard, but must not be located closer than 3
metres to the front lot line.
[Note: Former M4-7 and Sections 5 and 27 of former zoning by-law 76-26]
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 455
Figure L477A
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 456
Figure L477B
L478.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Where a lot is divided into more than one zone, the lot lines, not the zone
boundaries, are used to calculate yard, lot area, lot coverage and
landscaped open space requirements only.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 457
(b) Lots 73, 81, 82, 83 and the south half of Lot 74, Registered Plan No. 95
(Eastview) are considered to be a single lot.
[Note: Former R1-30 and Section 5(11)(c) of former zoning by-law 32-74]
L479.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Additional permitted uses include uses accessory to a detached single
family dwelling house in accordance with the following provisions:
(i)
No accessory use is permitted closer than 1.2 metres to any lot line.
(ii) Lots 73, 81, 82, 83 and the south half of Lot 74, Registered Plan No.
95 (Eastview) are considered to be a single lot.
[Note: Former D-1 of former zoning by-law 32-74]
L480.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
The lands subject to this Exception are permitted to be developed on the
basis of a minimum lot frontage of 28 metres provided that the stone
gateway, existing on the subject lands at the date of passage of the site
specific by-law, must not be relocated, destroyed, removed or altered
(except for necessary repairs), but must be preserved.
[Note: Former R1-14 of former zoning by-law 76-26]
L481.
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 the only permitted uses:
(i)
Residential Uses: a detached single family dwelling house.
(ii) Non-Residential Uses: a home occupation, a public use.
(b) Prohibited Uses
(i)
marine facilities (including but not limited to boathouses and/or
docks).
(c)
Lot Area (minimum): 1.0 hectare.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 458
(d) Lot Frontage (minimum): 30 metres.
(e)
Front Yard Depth (minimum): 15 metres.
(f)
Exterior Side Yard Width (minimum): 15 metres.
(g) Interior Side Yard Width (minimum): 6 metres.
(h) Rear Yard Depth (minimum): 15 metres.
(i)
Dwelling Unit Area (minimum): 140 square metres.
(j)
Landscaped Open Space (minimum): 50%.
(k)
Lot Coverage (maximum): 15%.
(l)
Height of Building (maximum): 9 metres.
(m) Dwelling Houses Per Lot (maximum): 1 only.
(n) No structures are permitted closer than 5 metres of the unnamed
watercourse located on Lots 1 and 11, as shown on Figure L481.
(o) Any development/structure must be setback a minimum of 30 metres
from the boundary of Exception L162.
(p) Water Setbacks from Colonel By Lake/River Styx:
(i)
All development/structures must be setback a minimum of 40
metres from the high water level of Colonel By Lake/River Styx, or
30 metres from the maximum recorded water level, defined as 88.92
metres G.S.C., whichever is greater, as shown on Figure L481.
(ii) The first 30 metres inland from the high water level of Colonel By
Lake/River Styx or the maximum recorded water level of Colonel By
Lake/River Styx, defined as 88.92 metres G.S.C., whichever is greater,
as shown on Figure L481, must be maintained as a 'no cut' buffer
area within which there is no disturbance of the soil mantle or
vegetation cover.
[Note: Former ER-13 of former zoning by-law 32-74]
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 459
Figure L481
L482.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Definitions:
(i)
"Height" means the vertical distance between the lowest exposed
ground level adjacent to a building and the highest point of the
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 460
building proper, exclusive of any accessory roof construction such as
a chimney.
(ii) "Height to Eave" means the vertical distance between the finished
floor level of the storey immediately above a basement or cellar and
the point at which the eave meets the exterior wall.
(iii) "Lot Coverage Dwelling Unit" means that area of the lot covered by
the perpendicular projections onto a horizontal plane of the area of
all buildings and structures exclusive of: accessory buildings and
structures; attached garages without dwelling space below or above;
unenclosed porches, verandahs, balconies, decks, patios and
canopies; pools; and overhanging eaves which are not less than 2.5
metres above finished grade.
(b) The only permitted use is a single family dwelling house.
(c)
Prohibited uses: Flag poles, television antennae, satellite dishes, and
similar radio and microwave antennae are not permitted.
(d) Lot Area (minimum): 650 square metres.
(e)
Lot Frontage (minimum): 16 metres.
(f)
Front Yard Depth (minimum): 9 metres.
(g) Interior Side Yard (minimum): 1.2 metres on one side and 4.0 metres on
any other side provided that on that side where there is an attached
private garage with no living space above, below, in front or behind, the
minimum interior side yard width may be reduced from 4.0 metres to 1.2
metres.
(h) Rear Yard Depth (minimum): 7.5 metres.
(i)
Setback (minimum): 6.09 metres.
(j)
Yards For Accessory Uses, Buildings And Structures Including Attached
Garages: No accessory use, building or structure is permitted within 1.2
metres of a front yard nor within 1.2 metres of any side or rear lot line.
(k)
Total Lot Coverage (maximum): 176 square metres.
(l)
Lot Coverage Dwelling Unit (maximum): 121 square metres.
(m) Landscaped Open Space (minimum): 50%.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 461
(n) Height Of Buildings (maximum): 7.8 metres.
(o) Height To Eave (maximum): 4.5 metres.
(p) Roof Slope: All dwelling units must have sloping roofs.
(q) Dwelling Houses Per Lot (maximum): 1 only.
(r)
Location Of Driveway: Nothing prevents the location of a driveway within
a required interior side yard, provided that no driveway is located within
0.5 metres of an interior side lot line. A driveway within a front yard must
be located not less than 0.5 metres from an interior side lot line. A
driveway within a rear yard must be located not less than 0.5 metres from
a rear lot line.
(s)
Access/Width Of Driveway (maximum): 4.0 metres and (minimum): 3.0
metres.
(t)
Number Of Driveways (maximum): 1 only.
(u) Number Of Parking Spaces Per Dwelling Unit (minimum): 2.
(v)
Location Of Parking Spaces: All yards, except a front yard, provided that
no part of any parking area is located closer than 0.5 metres to an interior
side lot line and no closer than 0.5 metres to a rear lot line. Nothing
prevents the establishment of a required parking space directly behind or
directly in front of another required parking space.
[Note: Former R1-32 of former zoning by-law 32-74]
L483.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Definitions:
(i)
"Height" means the vertical distance between the lowest exposed
ground level adjacent to a building and the highest point of the
building proper, exclusive of any accessory roof construction such as
a chimney.
(ii) "Height to Eave"" means the vertical distance between the finished
floor level of the storey immediately above a basement or cellar and
the point at which the eave meets the exterior wall.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 462
(iii) "Lot Coverage" means that percentage of the lot area covered by
the perpendicular projections onto a horizontal plane of the area of
all buildings and structures exclusive of: pools; and canopies,
balconies, and overhanging eaves which are not less than 2.5 metres
above finished grade.
(iv) "Lot Coverage Dwelling Unit" means that area of the lot covered by
the perpendicular projections onto a horizontal plane of the area of
all buildings and structures exclusive of: accessory buildings and
structures; attached garages without dwelling space below or above;
unenclosed porches, verandahs, balconies, decks, patios and
canopies; pools; and overhanging eaves which are not less than 2.5
metres above finished grade.
(b) The only permitted use is a single family dwelling house.
(c)
Prohibited uses: Flag poles, television antennae, satellite dishes, and
similar radio and microwave antennae are not permitted.
(d) Lot Area (minimum): 625 square metres.
(e)
Lot Frontage (minimum): 22 metres.
(f)
Front Yard Depth (minimum): 1.2 metres.
(g) Exterior Side Yard Width (minimum): 4.0 metres.
(h) Interior Side Yard Width (minimum): 4.0 metres, provided that on that
side where there is an attached private garage with no living space above,
below, in front or behind, the minimum interior side yard width may be
reduced from 4.0 metres to 1.2 metres.
(i)
Rear Yard Depth (minimum): 7.5 metres.
(j)
Setback (minimum): 6.1 metres plus the minimum required front yard
depth.
(k)
Yards For Accessory Uses, Buildings And Structures Including Attached
Garages: No accessory use, building or structure is permitted within 1.2
metres of any front yard, nor within 1.2 metres of an exterior side yard
nor within 4.0 metres of an exterior side lot line nor within 1.2 metres of
any interior side or rear lot line.
(l)
Lot Coverage (maximum): 28%.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 463
(m) Lot Coverage Dwelling Unit (maximum): 121 square metres.
(n) Lot Coverage Accessory Uses, Buildings And Structures (maximum): 55
square metres.
(o) Landscaped Open Space (minimum): 60%.
(p) Height:
(i)
Height Of Buildings (maximum): 7.8 metres.
(ii) Height To Eave (maximum): 4.5 metres.
(q) Roof Slope: All dwelling units must have sloping roofs.
(r)
Dwelling Houses Per Lot (maximum): 1 only.
(s)
Driveway:
(i)
Location Of Driveway: Nothing prevents the location of a driveway
within a required interior side yard, provided that no driveway is
located within 0.5 metres of an interior side lot line. A driveway
within a front yard must be located not less than 4.0 metres from an
exterior side lot line and not less than 0.5 metres from an interior
side lot line. A driveway within a rear yard must be located not less
than 0.5 metres from a rear lot line.
(ii) Access/Width Of Driveway (maximum): 4.0 metres and (minimum):
3.0 metres.
(iii) Number Of Driveways (maximum): 1 only.
(t)
Parking:
(i)
Number Of Parking Spaces Per Dwelling Unit (minimum): 2.
(ii) Width Of Parking Space (minimum): 3.0 metres.
(iii) Length Of Parking Space (minimum): 6.0 metres.
(iv) Area Of Parking Space (minimum): 18 square metres.
(v)
Location Of Parking Spaces: All yards, except an exterior side yard or
a front yard, provided that no part of any parking area is located
closer than 0.5 metres to an interior side lot line and no closer than
4.0 metres to an exterior side lot line and no closer than 0.5 metres
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 464
to a rear lot line. Nothing prevents the establishment of a required
parking space directly behind or directly in front of another required
parking space.
(u) Yard Encroachments: Steps may project into any required rear yard a
maximum distance of 1.5 metres and into any other required yard a
maximum distance of 0.5 metres.
(v)
Any dwelling unit constructed must have its principal facade facing Main
Street.
[Note: Former R1-29 of former zoning by-law 32-74]
L484.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Additional Permitted Use: Multiple Family Dwelling containing a
maximum of 4 dwelling units.
(b) Minimum Lot Area: 212 square metres per dwelling unit.
(c)
Maximum Aggregate Number of Bedrooms: 9 bedrooms.
(d) Front Yard Setback (minimum): 4.5 metres.
(e)
Side Yard Setback (minimum): 0.9 metres (east) and 2.8 metres (west).
(f)
Minimum Parking Ratio: 1 parking space per dwelling unit.
(g) Parking Location: Up to 71 square metres of the rear yard may be used as
uncovered surface parking spaces for residential uses.
(h) Vehicular Entrance/Exit to the Site: Access to the required off-street
parking spaces is permitted via a single combined entrance/exit lane.
(i)
Minimum Aggregate Amenity Area: The required amenity area may be
aggregated into areas smaller than 54 square metres but equal to or
larger than 32.3 square metres.
[Note: Former A5.605 and Sections 5 and 11 of former zoning by-law ]
L485.
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:
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 465
(i)
"Assembly hall" means a building or a part of a building in which
facilities are provided for the gathering of persons for civic, political,
travel, religious, social, educational, recreational or similar purposes,
and includes, without limitation, an auditorium or banquet hall. An
assembly hall does not include a standalone beverage room,
restaurant, gym, or nightclub.
(ii) "Building footprint" means all parts of a building (excluding roof
overhangs) that rest, directly or indirectly, on the ground, including
those portions of the building that are supported by posts, piers, or
columns.
(iii) "Café" means a building or part of a building where beverages are
offered for sale or sold to the public and may include ancillary
retailing of prepared foods and/or merchandise related to the
principal use. This definition must not include a Restaurant, retail
store, or farm produce retail outlet.
(iv) "Conservation use" means the use of land for the preservation,
protection and improvement of the natural environment through
management and maintenance programs.
(v)
"Farm produce retail outlet" means a use accessory to a permitted
farm use which consists of the retail sale of agricultural products
and may include the sale of gifts, souvenirs, or personal items.
(vi) "Rental cabin" means a detached building providing sleeping
accommodation for the travelling or vacationing public, and which
includes washroom facilities, but does not include a kitchen or
laundry facilities. Limited facilities for the preparation of food are
permitted including a bar sink, mini fridge, small plug-in appliances
such as a coffee maker, kettle, and toaster, and cupboards.
(vii) "Spa" means those premises where personal services for therapeutic
or relaxation purposes are performed by certified aestheticians or
registered massage therapists and may include such services as
aromatherapy, massage therapy and aesthetics/beauty services.
(viii) "Tied house" means those premises where food and beverages
produced on-site are offered for consumption by the public under
licence from the Alcohol and Gaming Commission of Ontario.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 466
(ix) "Winery" or "nanobrewery" or "cidery" means the use of land,
buildings or structures for the production, distribution, and retail
sale of beer, cider, and/or wine products predominantly grown and
processed on-site, and which may include administrative facilities, a
retail and/or a sampling area and any associated outdoor patio area,
but does not include a restaurant or other on-site dining facilities.
(b) The only permitted uses on the property are:
(i)
Residential use: An accessory dwelling unit in the upper floor of a
non-residential building that is occupied by the owner or operator
of the site. This unit must not be rented out for short term
accommodation.
(ii) Non-residential uses:
(1) a farm;
(2) a public use;
(3) a conservation use;
(4) a hotel;
(5) a spa;
(6) an assembly hall;
(7) rental cabins;
(8) a restaurant;
(9) a café;
(10) a winery;
(11) a nanobrewery;
(12) a cidery;
(13) a farm produce retail outlet;
(14) a nursery/garden centre/greenhouse; and
(15) accessory buildings.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 467
General Provisions
(c)
For the purposes of zoning, the lands subject to this Exception are treated
as one lot.
(d) Unless otherwise specified, the following regulations apply:
(i)
Maximum lot coverage: 10%
(ii) Minimum landscaped open space: 30%
(iii) Where the property abuts a lot containing a dwelling house and no
farm or agricultural use, or abuts a hydro corridor, a minimum 3-
metre wide landscape buffer must be provided. The landscaped
buffer must include a visual screen consisting of any combination of
privacy fencing and/or unbroken vegetation with a minimum height
of 1.8 metres.
(iv) Front yard setback (minimum): 7.6 metres.
(v)
Exterior side yard setback (minimum): 7.6 metres.
(vi) Interior side yard setback (minimum): 9.1 metres.
(vii) Rear yard setback (minimum): 9.1 metres.
(viii) Parking: In accordance with Section 5 of former zoning by-law 76-
26.
(ix) Setback to wetland feature boundary (minimum): 7.5 metres.
(x)
Maximum building height: 10.7 metres.
(xi) A maximum of 67 hotel rooms are permitted, of which, a maximum
of 40 can be rental cabins.
(xii) Special Access Requirements: A maximum of 5 driveways are
permitted.
(xiii) Standard parking stall size (minimum): 2.6 metres x 5.2 metres.
(xiv) Accessible parking stall size (minimum):
(1) Type A: 3.4 metres x 6.0 metres;
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 468
(2) Type B: 2.7 metres x 6.0 metres; and
(3) Access aisle: 1.5 metres x 6.0 metres.
(xv) The lands must be serviced by means of a private communal water
system and private sewage disposal system that are designed and
operated in accordance with all applicable laws, permits and
regulations, including, without limitation, all laws, permits and
regulations of the Ministry of Environment Conservation and Parks,
the local health unit, and the City.
Winery, Nano-brewery, Cidery
(e)
The following regulations apply to the winery, nanobrewery, and cidery:
(i)
A minimum of 2 hectares on the lands must be planted with crops
used in the annual production of wine, beer, and/or cider.
(ii) Goods produced by the winery, nanobrewery and/or cidery must be
made from crops grown on the property, or in the Province of
Ontario that are processed on site;
(iii) The nanobrewery must not produce more than one thousand
(1,000) barrels (or one thousand, two hundred (1,200) hectolitres) of
beer per year. The maximum amount of beer produced per year
may be increased to 3,000 hectolitres through the utilization of
imported water.
(iv) A tied house may be included as an accessory use to a winery,
cidery, and/or nanobrewery.
(v)
Subject to provincial licensing requirements, the gross floor area of
the on-site tasting room, tied house, and beer, wine and/or cider
retail store must not, in the aggregate, exceed 200 square metres
excluding the following areas:
(1) below ground storage; and
(2) any outdoor area(s).
James Hickey House
(f)
The following regulations apply to the James Hickey House:
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 469
(i)
Front yard setback (minimum): 60 metres.
(ii) Exterior side yard setback (minimum): 30 metres.
(iii) Interior side yard setback (minimum): 30 metres.
(iv) Maximum building height: 13.7 metres.
(v)
Outdoor patios are prohibited on the west side of the building.
(vi) Maximum gross floor area of restaurant including outdoor areas:
200 square metres.
(vii) Maximum gross floor area of farm produce retail outlet and café:
200 square metres in the aggregate.
Assembly Hall
(g) The following regulations apply to the Assembly Hall:
(i)
Maximum building footprint: 490 square metres.
(ii) Maximum gross floor area for event space, including reception: 495
square metres.
(iii) Maximum building height: 13.7 metres.
(iv) Minimum setback from a dwelling unit on an adjacent lot: 80
metres.
Rental Cabins
(h) The following regulations apply to the Rental Cabins:
(i)
Maximum number of rental cabins: 40.
(ii) Maximum gross floor area per rental cabin: 47 square metres.
(iii) Maximum height of a rental cabin: 7.6 metres.
Hotel and Spa
(i)
The following regulations apply to the Hotel and Spa:
(i)
Minimum setback from eastern interior side lot line: 30 metres.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 470
Minimum Distance Separation (MDS)
(j)
For the purposes of calculating MDS I and MDS II setbacks, the following
uses are considered a Type A land use:
(i)
Restaurant, contained within the Expanded Farmhouse, which may
include outdoor seating;
(ii) Farm produce retail outlet and café;
(iii) Winery, nanobrewery, and cidery;
(iv) Accessory tasting room and tide house;
(v)
Farm;
(vi) Conservation use;
(vii) Nursery, garden centre, or greenhouse;
(viii) Parking and other accessory buildings that are not used for human
habitation; and
(ix) A maximum of 7 hotel rooms consolidated in one building.
(k)
For the purposes of calculating MDS I and MDS II requirements, the
following uses are considered a Type B land use:
(i)
Hotel;
(ii) Spa and associated indoor and outdoor amenity areas;
(iii) Restaurant and café with outdoor seating area;
(iv) Rental cabins; and
(v)
Assembly hall.
(l)
Minimum distance separation (MDS): An MDS I setback of 220 metres is
required from the existing horse barn located at 896 Unity Road for Type
B land uses. If the barn no longer generates an MDS I setback, this
provision will cease to apply in accordance with the Holding Overlay.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 471
(m) For the purposes of calculating MDS I and MDS II requirements, the lands
formerly zoned C3-20-H1 in former zoning by-law 76-26 are considered
a Type B land use.
(n) For the purposes of calculating MDS I and MDS II requirements, the lands
formerly zoned C3-20-H2 in former zoning by-law 76-26 are considered
a Type A land use. The lands will be considered a Type B land use when a
bylaw has been enacted to remove the Holding Overlay in accordance
with the requirements outlined in the applicable Holding Overlay
provisions.
[Note: Former C3-20 and Sections 5 and 20 of former zoning by-law 76-26]
L486.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Permitted Uses: Only the following uses are permitted:
(i)
Residential Uses:
(1) Single Detached Dwelling House; and
(2) Semi Detached Dwelling House.
(ii) Non-Residential Uses:
(1) A home occupation; and
(2) A public use.
(b) Density: The minimum number of residential units per net hectare on
land to be used only for dwelling units, excluding roads, parks and other
uses is 23 dwelling units per net hectare.
(c)
Lot Area (minimum): Not applicable.
(d) Lot Frontage: The lot frontage means the horizontal distance between the
side lot lines, such distance being measured along a line which is parallel
to the front lot line at a distance of 6.0 metres from the front lot line.
(e)
Corner Lot (Minimum):
(i)
Single Detached Dwelling House: 10.9 metres;
(ii) Semi Detached Dwelling House: 17.0 metres; and
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 472
(iii) Semi Detached Dwelling Unit: 9.6 metres.
(f)
Other Lot (Minimum):
(i)
Single Detached Dwelling House: 9.1 metres;
(ii) Semi Detached Dwelling House: 14.8 metres; and
(iii) Semi Detached Dwelling Unit: 7.4 metres.
(g) Front Yard Depth:
(i)
Minimum Depth: 4.5 metres;
(ii) Maximum Depth: 7.0 metres;
(iii) Despite (a) and (b), where a dwelling includes a covered front porch
the front wall of the main dwelling may be set back a maximum of
9.2 metres front the front lot line, if the covered porch is
constructed between the setbacks of 4.5 metres and 7.0 metres to
the front wall of the main dwelling.
(iv) Despite (a), (b) and (c), where the front wall of an attached private
garage containing the opening for vehicular access is located not
more than 6.2 metres from the front lot line and where a dwelling
includes a covered front porch, constructed between the setbacks of
4.5 metres and 7.0 metres to the front wall of the main dwelling, the
front wall of the main dwelling may be set back 3.0 metres from the
front wall of the garage.
(h) Exterior Side Yard Width (minimum): 2.4 metres.
(i)
Interior Side Yard Width (minimum):
(i)
Single Detached Dwelling House: The minimum aggregate interior
side yard width is 1.8 metres, with no one side yard less than 0.6
metres in width. Where there is a corner lot on which there is only
one interior side yard, the minimum depth is 0.6 metres.
(ii) Semi Detached Dwelling House: 1.2 metres for a side that is not
attached to another dwelling house
(j)
Rear Yard Depth (minimum): 6.0 metres.
(k)
Lot Coverage (maximum): Not applicable.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 473
(l)
Garage: Main Entry Feature means a platform, with at least one side open,
covered by either a roof, balcony or enclosed space, with or without a
foundation and/or basement that provide access to the dwelling unit.
Main Front Entrance means the door which is designed as the primary
access point into the dwelling unit.
(m) The wall of an attached private garage that contains the opening for a
vehicular access must be set back a minimum of 6.0 metres from the lot
line that the driveway crosses to access the private attached garage.
(n) The wall of the attached private garage facing the public street must not
be located more than 3.0 metres closer to the front lot line than either
the main entry feature or main front entrance of the dwelling unit, except
that a corner lot may have the garage located further than 3.0 metres
from the main entry features or main front entrance of the dwelling unit,
provided it is not located closer to the front lot line than any other part of
the dwelling unit.
(o) Driveway Width: The maximum width of a driveway for its entire length
must be:
(i)
Single Detached Dwelling House: lesser of 6.0 metres or 50% of lot
width; and
(ii) Semi Detached Dwelling Unit: lesser of 6.0 metres or 50% of lot
width.
(p) Parking: Parking is permitted in the interior side and rear yard. Front yard
parking is prohibited except where it is in a driveway leading to a
permitted parking area.
(q) Sight Triangles:
(i)
Within any area defined as a sight triangle, the following uses are
prohibited:
(1) A building, structure or use which would obstruct the vision of
drivers of motor vehicles;
(2) a fence, tree, hedge or other vegetation, the top of which
exceeds 1.0 metres in height above the elevation of the
centerline of the adjacent street;
(3) an uncovered surface parking area; and
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 474
(4) a finished grade which exceeds the elevation of the centerline
of the adjacent street by more than 1.0 metres.
(r)
Sight triangles are required on a corner lot:
(i)
At all intersections: 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. 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) apply.
[Note: Former R2-45 and Section 5 and 13 of former zoning by-law 76-26]
L487.
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)
Residential Uses:
(1) Single Detached Dwelling House;
(2) Semi Detached Dwelling House;
(3) Three, Four or Five Unit Row Dwelling House; and
(4) a maximum of 10% of all row dwelling houses buildings are
permitted to be five unit row dwelling house buildings.
(ii) Non-Residential Uses:
(1) a home occupation; and
(2) a public use.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 475
(b) Density: The minimum number of residential units per net hectare on
land to be used only for dwelling units, excluding roads, parks and other
uses is 23 dwelling units per net hectare.
(c)
Lot Area (minimum): Not applicable.
(d) Lot Frontage: The lot frontage means the horizontal distance between the
side lot lines, such distance being measured along a line which is parallel
to the front lot line at a distance of 6.0 metres from the front lot line.
(e)
Corner Lot (Minimum):
(i)
Single Detached Dwelling House: 10.9 metres;
(ii) Semi Detached Dwelling House: 17.0 metres;
(iii) Semi Detached Dwelling Unit: 9.6 metres; and
(iv) Row Dwelling House: 9.1 metres.
(f)
Other Lot (Minimum):
(i)
Single Detached Dwelling House: 9.1 metres;
(ii) Semi Detached Dwelling House: 14.8 metres;
(iii) Semi Detached Dwelling Unit: 7.4 metres; and
(iv) Row Dwelling House: 6.1 metres.
(g) Front Yard Depth:
(i)
Minimum Depth: 4.5 metres;
(ii) Maximum Depth: 7.0 metres;
(iii) Despite (a) and (b), where a dwelling includes a covered front porch
the front wall of the main dwelling may be set back a maximum of
9.2 metres front the front lot line, if the covered porch is
constructed between the setbacks of 4.5 metres and 7.0 metres to
the front wall of the main dwelling.
(iv) Despite (a), (b) and (c), where the front wall of an attached private
garage containing the opening for vehicular access is located not
more than 6.2 metres from the front lot line and where a dwelling
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 476
includes a covered front porch, constructed between the setbacks of
4.5 metres and 7.0 metres to the front wall of the main dwelling, the
front wall of the main dwelling may be set back 3.0 metres from the
front wall of the garage.
(h) Exterior Side Yard Width (minimum): 2.4 metres.
(i)
Interior Side Yard Width (minimum):
(i)
Single Detached Dwelling House: The minimum aggregate interior
side yard width is 1.8 metres, with no one side yard less than 0.6
metres in width. Where there is a corner lot on which there is only
one interior side yard, the minimum depth is 0.6 metres.
(ii) Semi Detached Dwelling House: 1.2 metres for a side that is not
attached to another dwelling house.
(iii) 1.2 metres for a side that is not attached to another dwelling house.
(j)
Rear Yard Depth (minimum): 6.0 metres.
(k)
Lot Coverage (maximum): Not applicable .
(l)
Garage:
(i)
Main Entry Feature means a platform, with at least one side open,
covered by either a roof, balcony or enclosed space, with or without
a foundation and/or basement that provide access to the dwelling
unit.
(ii) Main Front Entrance means the door which is designed as the
primary access point into the dwelling unit
(iii) The wall of an attached private garage that contains the opening for
a vehicular access must be set back a minimum of 6.0 metres from
the lot line that the driveway crosses to access the private attached
garage.
(iv) The wall of the attached private garage facing the public street must
not be located more than 3.0 metres closer to the front lot line than
either the main entry feature or main front entrance of the dwelling
unit, except that a corner lot may have the garage located further
than 3.0 metres from the main entry features or main front entrance
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 477
of the dwelling unit, provided it is not located closer to the front lot
line than any other part of the dwelling unit.
(m) Driveway Width: The maximum width of a driveway for its entire length
must be:
(i)
Single Detached Dwelling House: lesser of 6.0 metres or 50% of lot
width;
(ii) Semi Detached Dwelling Unit: lesser of 6.0 metres or 50% of lot
width; and
(iii) Row Dwelling House:
(1) End unit: lesser of 4.0 metres or 50% of lot width
(2) Other unit: 3.5 metres.
(n) Parking: Parking is permitted in the interior side and rear yard. Front yard
parking is prohibited except where it is in a driveway leading to a
permitted parking area.
(o) Sight Triangles:
(i)
Uses Prohibited: Within any area defined as a sight triangle, the
following uses are prohibited:
(1) A building, structure or use which would obstruct the vision of
drivers of motor vehicles;
(2) a fence, tree, hedge or other vegetation, the top of which
exceeds 1.0 metres in height above the elevation of the
centerline of the adjacent street;
(3) an uncovered surface parking area; and
(4) a finished grade which exceeds the elevation of the centerline
of the adjacent street by more than 1.0 metres.
(ii) Sight triangles are required on a corner lot:
(1) At all intersections: 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,
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 478
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.
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.
(p) 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) apply.
[Note: Former R2-46 and Section 5 and 13 of former zoning by-law 76-26]
L488.
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 family dwelling house.
(b) Setback (minimum): 5 metres plus the required yard.
(c)
Yards for Accessory Buildings: No accessory building or structure is
permitted in the required setback, front yard depth, or exterior side yard
width.
(d) Front Lot Line: The northern boundary of the Zone are deemed the front
lot line.
(e)
All other zone provisions must be in accordance with the provisions of
former Section 10(3)(a) in former zoning by-law 32-74.
[Note: Former R2-3 of former zoning by-law 32-74]
L489.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Definitions:
(i)
"Height" means the vertical distance between the lowest exposed
ground level adjacent to a building and the highest point of the
building proper, exclusive of any accessory roof construction such as
a chimney.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 479
(ii) "Height to Eave"" means the vertical distance between the finished
floor level of the storey immediately above a basement or cellar and
the point at which the eave meets the exterior wall.
(b) The only permitted use is a single family dwelling house.
(c)
Prohibited uses: Flag poles, television antennae, satellite dishes, and
similar radio and microwave antennae are not permitted.
(d) Lot Area (minimum): 670 square metres.
(e)
Lot Frontage (minimum): 15 metres.
(f)
Front Yard Depth:
(i)
Minimum: 1.2 metres; and
(ii) Maximum: 2.4 metres.
(g) Exterior Side Yard Width (minimum): 1.2 metres.
(h) Interior Side Yard Width (minimum):
(i)
In the case of only 1 such yard 4 metres; and
(ii) In the case of more than 1 such yard 1.2 metres on one side and 4.0
metres on any other side provided that on that side where there is
an attached private garage with no living space above, below, in
front or behind, the minimum interior side yard width may be
reduced from 4.0 metres to 1.2 metres.
(i)
Rear Yard Depth (minimum): 10.0 metres.
(j)
Water Setback (minimum): 10.0 metres.
(k)
Setback (minimum): 6.0 metres plus the minimum required front yard
depth.
(l)
Yards For Accessory Buildings And Structures/Location Of Accessory
Buildings And Structures:
(i)
No accessory building or structure is permitted within any required
rear yard, or within 3 metres of any front lot line, or within 1.2
metres of any interior side lot line, or within 1.2 metres of any
exterior side lot line. No detached accessory building or structure is
permitted closer than 1.2 metres to a main building.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 480
(m) Lot Coverage:
(i)
exclusive of accessory buildings and structures, attached garages
with or without dwelling space below or above, steps, unenclosed
porches, verandahs, balconies, decks, and patios (maximum): 121
square metres;
(ii) accessory buildings and structures, including attached garages with
or without dwelling space below or above (maximum): 28 square
metres;
(iii) steps; unenclosed porches; verandahs; balconies; and decks and
patios more than 0.6 metres above the lowest ground level adjacent
to the deck or patio (maximum):
(1) Total: 45 square metres;
(2) in rear yard (maximum): 22.5 square metres; and
(3) in front yard (maximum): 22.5 square metres.
(iv) decks and patios not more than 0.6 metres above the lowest ground
level adjacent to the deck or patio (maximum) : 45 square metres.
(n) Landscaped Open Space (minimum): 50%.
(o) Height:
(i)
Height Of Buildings (maximum): 10 metres.
(ii) Number Of Storeys (maximum):
(1) Facing front yard: 1½; and
(2) Facing rear yard: 2½.
(3) A cellar or basement is deemed to be a storey when facing a
rear yard.
(4) A cellar or basement is not deemed to be a storey when facing
a front yard.
(iii) Height To Eave (maximum): 4.5 metres.
(p) Roof Slope: All dwelling units must have sloping roofs.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 481
(q) Dwelling Houses Per Lot (maximum): 1 only.
(r)
Location Of Driveway: Nothing prevents the location of a driveway within
a required interior side yard, provided that no driveway is located within
0.5 metres of a side lot line. No driveway is permitted within a required
exterior side yard or a required rear yard. A driveway within a front yard
must be located not less than 1.2 metres from an exterior side lot line and
not less than 0.5 metres from an interior side lot line.
(s)
Access/Width Of Driveway:
(i)
(maximum): 6.0 metres; and
(ii) (minimum): 3.0 metres.
(t)
Number Of Driveways: 1 only.
(u) Parking:
(i)
Number Of Parking Spaces Per Dwelling Unit (minimum): 2.
(ii) Width Of Parking Space (minimum): 3.0 metres.
(iii) Length Of Parking Space (minimum): 6.0 metres.
(iv) Area Of Parking Space (minimum): 18.0 square metres.
(v)
Location Of Parking Spaces: All yards, except a required rear yard or
required exterior side yard or required front yard, provided that no
part of any parking area is located closer than 0.5 metres to an
interior side lot line and no closer than 1.2 metres to an exterior side
lot line. Nothing prevents the establishment of a required parking
space directly behind or directly in front of another required parking
space.
(v)
Yard Encroachments: Steps may project into any required rear yard a
maximum distance of 1.5 metres and into any other required yard a
maximum distance of 0.5 metres. A deck or patio with no roof structure
not more than 0.6 metres above the lowest ground level adjacent to the
deck or patio and covering not more than 18 square metres of a required
rear yard may project into a required rear yard not more than 5.5 metres.
(w) Minimum Elevation: No dwelling house is permitted with a floor elevation
below 76.6 metres (Canadian Geodetic Datum).
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 482
[Note: Former R1-26 and Sections 5 and 9 of former zoning by-law 32-74]
L490.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Definitions:
(i)
"Height" means the vertical distance between the lowest exposed
ground level adjacent to a building and the highest point of the
building proper, exclusive of any accessory roof construction such as
a chimney.
(ii) "Height to Eave" means the vertical distance between the finished
floor level of the storey immediately above a basement or cellar and
the point at which the eave meets the exterior wall.
(b) The only permitted use is a single family dwelling house.
(c)
Prohibited uses: Flag poles, television antennae, satellite dishes, and
similar radio and microwave antennae are not permitted.
(d) Lot Area (minimum): 750 square metres.
(e)
Lot Frontage (minimum): 65 metres.
(f)
Front Yard Depth (minimum): 1.2 metres.
(g) Exterior Side Yard Width (minimum): 1.2 metres.
(h) The southern boundary of the Zone is deemed to be an exterior side lot
line.
(i)
Interior Side Yard Width (minimum): 4 metres.
(j)
Rear Yard Depth (minimum): 3.0 metres.
(k)
Setback (minimum): 6.0 metres plus the minimum required front yard
depth.
(l)
Yards for accessory buildings and structures/Location of accessory
buildings and structures: No accessory building or structure is permitted
within any required rear yard, or within 3 metres of any front lot line, or
within 4 metres of any interior side lot line, or within 1.2 metres of any
exterior side lot line. No detached accessory building or structure is
permitted closer than 1.2 metres to a main building.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 483
(m) Lot Coverage:
(i)
exclusive of accessory buildings and structures, attached garages
with or without dwelling space below or above, steps, unenclosed
porches, verandahs, balconies, decks, and patios (maximum): 150
square metres;
(ii) accessory buildings and structures, including attached garages with
or without dwelling space below or above (maximum): 50 square
metres;
(iii) steps; unenclosed porches; verandahs; balconies; and decks and
patios more than 0.6 metres above the lowest ground level adjacent
to the deck or patio (maximum): 45 square metres; and
(iv) decks and patios not more than 0.6 metres above the lowest ground
level adjacent to the deck or patio (maximum): 45 square metres.
(n) Landscaped Open Space (minimum): 50%.
(o) Height Of Buildings (maximum): 7.8 metres.
(p) Number Of Storeys (maximum): 1½.
(q) Height To Eave (maximum): 4.5 metres.
(r)
Roof Slope: All dwelling units must have sloping roofs.
(s)
Dwelling Houses Per Lot (maximum): 1 only.
(t)
Driveways:
(i)
Location Of Driveway: No driveway is permitted within a required
exterior side yard or within a required interior side yard or within a
required rear yard. A driveway within a front yard must be located
not less than 1.2 metres from an exterior side lot line and not less
than 4.0 metres from an interior side lot line.
(ii) Access/Width Of Driveway:
(1) (maximum): 6.0 metres; and
(2) (minimum): 3.0 metres.
(iii) Number Of Driveways: 1 only.
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 484
(u) Parking:
(i)
Number Of Parking Spaces Per Dwelling Unit (minimum): 2.
(ii) Width Of Parking Space (minimum): 3.0 metres.
(iii) Length Of Parking Space (minimum): 6.0 metres.
(iv) Area Of Parking Space (minimum): 18.0 square metres.
(v)
Location of parking spaces: No parking space is permitted in any
required yard. Nothing prevents the establishment of a required
parking space directly behind or directly in front of another required
parking space.
(v)
Yard Encroachments: Steps may project into any required yard a
maximum distance of 0.5 metres.
[Note: Former R1-27 and Sections 5 and 9 of former zoning by-law 32-74]
L491.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Definitions:
(i)
"Height" means the vertical distance between the lowest exposed
ground level adjacent to a building and the highest point of the
building proper, exclusive of any accessory roof construction such as
a chimney.
(ii) "Height to Eave" means the vertical distance between the finished
floor level of the storey immediately above a basement or cellar and
the point at which the eave meets the exterior wall.
(iii) "Lot Coverage" means that percentage of the lot area covered by
the perpendicular projections onto a horizontal plane of the area of
all buildings and structures exclusive of: pools; and canopies,
balconies, and overhanging eaves which are not less than 2.5 metres
above finished grade.
(iv) "Lot Coverage Dwelling Unit" means that area of the lot covered by
the perpendicular projections onto a horizontal plane of the area of
all buildings and structures exclusive of: accessory buildings and
structures; attached garages without dwelling space below or above;
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 485
unenclosed porches, verandahs, balconies, decks, patios and
canopies; pools; and overhanging eaves which are not less than 2.5
metres above finished grade.
(b) The only permitted use is a single family dwelling house.
(c)
Prohibited uses: Flag poles, television antennae, satellite dishes, and
similar radio and microwave antennae are not permitted.
(d) Lot Area (minimum): 490 square metres.
(e)
Lot Frontage (minimum): 17 metres.
(f)
Front Yard Depth (minimum): 1.2 metres.
(g) Interior Side Yard (minimum): 1.2 metres on one side and 4.0 metres on
any other side provided that on that side where there is an attached
private garage with no living space above, below, in front or behind, the
minimum interior side yard width may be reduced from 4.0 metres to 1.2
metres.
(h) Rear Yard Depth (minimum): 7.5 metres.
(i)
Setback (minimum): 6.1 metres plus the minimum required front yard
depth.
(j)
Yards For Accessory Uses, Buildings And Structures Including Attached
Garages: No accessory use, building or structure is permitted within 1.2
metres of a front yard nor within 1.2 metres of any side or rear lot line.
(k)
Lot Coverage (maximum): 35%.
(l)
Lot Coverage Dwelling Unit (maximum): 121 square metres.
(m) Lot Coverage Accessory Uses, Buildings And Structures (maximum): 55
square metres.
(n) Height Of Buildings (maximum): 7.8 metres.
(o) Height To Eave (maximum): 4.5 metres.
(p) Roof Slope: All dwelling units must have sloping roofs.
(q) Dwelling Houses Per Lot (maximum): 1 only.
(r)
Driveway:
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 486
(i)
Location Of Driveway: Nothing prevents the location of a driveway
within a required interior side yard, provided that no driveway is
located within 0.5 metres of an interior side lot line. A driveway
within a front yard must be located not less than 4.0 metres from an
exterior side lot line and not less than 0.5 metres from an interior
side lot line. A driveway within a rear yard must be located not less
than 0.5 metres from a rear lot line.
(ii) Access/Width Of Driveway:
(1) (maximum): 4.0 metres; and
(2) (minimum): 3.0 metres.
(iii) Number Of Driveways (maximum): 1 only.
(s)
Parking:
(i)
Number Of Parking Spaces Per Dwelling Unit (minimum): 2.
(ii) Width Of Parking Space (minimum): 3.0 metres.
(iii) Length Of Parking Space (minimum): 6.0 metres.
(iv) Area Of Parking Space (minimum): 18.0 square metres.
(v)
Location Of Parking Space: All yards, except an exterior side yard or
a front yard, provided that no part of any parking area is located
closer than 0.5 metres to an interior side lot line and no closer than
4.0 metres to an exterior side lot line and no closer than 0.5 metres
to a rear lot line. Nothing prevents the establishment of a required
parking space directly behind or directly in front of another required
parking space.
(t)
Yard Encroachments: Steps may project into any required rear yard a
maximum distance of 1.5 metres and into any other required yard a
maximum distance of 0.5 metres.
[Note: Former R1-28 of former zoning by-law 32-74]
L492.
Reserved
L493.
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 20: Legacy Exceptions - Part 2, Page 487
(a)
Additional Permitted Use:
(i)
Live-work units, where a "live-work unit" means the use of a portion
of a dwelling unit for an occupation, business, trade or craft that is
permitted in the WM1 zone and which is subordinate to the
principal use of the dwelling unit. A live-work unit cannot have more
than one person, other than a resident of the dwelling unit, working
from the live-work unit.
(b) Projection (along Princess Street) - First Storey:
(i)
Stairs that provide unit access are permitted to project out from the
front of the building, but must be set back a minimum of 1.1 metres
from the front lot line along Princess Street.
(c)
Minimum Rear Setback: 0 metres at the southeast corner of the site
where the interior side and rear lot line meet, and 1.4 metres along the
length of the rear lot line.
(d) Maximum Lot Coverage: 77%.
(e)
Mechanical Penthouse and Other Rooftop Mechanical Equipment:
(i)
"Other rooftop mechanical equipment" means an elevator overrun,
a stair overrun, and/or unenclosed mechanical equipment greater
than 2.0 metres in height.
(ii) Despite Section 5.14 of former zoning by-law 8499, mechanical
penthouses shall be permitted to exceed the maximum allowable
building height by up to 3.5 metres, excluding the elevator overrun,
which shall be permitted to exceed the maximum allowable building
height by up to 5.9 metres.
(iii) Mechanical penthouses must not exceed 10 percent of the roof area
on which they are located, excluding the elevator overrun, which
must not exceed 3 percent of the roof area on which it is located.
(iv) An elector overrun must be set back a minimum of 5.5 metres from
the edge of a roof line.
(f)
Minimum Parking Space Ratios:
(i)
0.17 parking spaces per dwelling unit;
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 488
(ii) 0.17 parking spaces per live-work unit; and
(iii) 1 parking space per 150 square metres of gross floor area of
commercial uses.
(g) Of the provided parking spaces, a minimum of 7 must be equipped with
electric vehicle charging stations.
(a)
Maximum Number of Bedrooms: 229 bedrooms.
(b) Maximum Residential Density: 690 dwelling units per net hectare,
inclusive of dwelling units and live-work units.
(c)
Vehicle Parking Design Standards: The minimum size of a standard
parking space is 2.7 metres wide by 5.5 metres long.
(d) In addition to the required number of bicycle parking spaces, a minimum
of 21 visitor bicycle parking spaces must be provided at grade.
[Note: Former C4.621 of former zoning by-law 8499]
L494.
Despite anything to the contrary in this By-law, the following provisions apply
to the lands subject to this Exception:
(a)
Lot Lines
(i)
For the purposes of zoning interpretation, the Centennial Drive
frontage is deemed to be the Front Lot Line and the lot line adjacent
to Bath Road is deemed the Exterior Lot Line.
(b) Required Parking Spaces
(i)
A minimum of one parking space per dwelling unit is required.
(c)
Bicycle Parking
(i)
A minimum of one bicycle parking space per dwelling unit is
required.
(ii) Bicycle parking dimensions (minimum):
(1) Standard: 0.3 metres wide by 1.8 metres long with an overhead
clearance of 2.1 metres;
(2) Alternate requirement (vertical bicycle parking space): 0.6
metres wide, 1.8 metres height and 1.0 metres long; or
Kingston Zoning By-Law Number 2022-62
Section 20: Legacy Exceptions - Part 2, Page 489
(3) Alternate requirement (stacked bicycle parking space): 0.45
metres wide, combined minimum height of 2.5 metres, and 1.8
metres long.
(iii) Required bicycle parking spaces must not be located in the
residential units.
(d) Maximum Residential Density:
(i)
Maximum total dwelling units for the residential buildings: 240.
(ii) Maximum total bedrooms for the residential units: 390.
(e)
Dwelling Unit Size:
(i)
The minimum area of a one-bedroom dwelling unit is 47 square
metres.
(ii) The minimum area of a bachelor dwelling unit is 34 square metres.
[Note: Former R5-26 and Sections 5 and 15A of former zoning by-law 76-26]