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The New Kingston Zoning Bylaw: It’s in effect.

Twenty four years after the amalgamation of the City of Kingston, we finally have one zoning by-law in effect to regulate land uses and development across (almost) the entire City! (The almost in this case refers to a limited number of properties that have old permissions under the former zoning by-laws). 

While Council approved the new Kingston Zoning By-law Number 2022-62 (ZBL 22-62) at a special meeting on April 26, two appeals were submitted to the Ontario Land Tribunal, which held up the entire by-law. At a settlement hearing on September 28, the Ontario Land Tribunal issued an oral decision confirming that the vast majority of the by-law is in effect (all portions that are not under appeal). 

In harmonizing, simplifying, and modernizing the zoning provisions, ZBL 22-62 supports new economic development through simplified and flexible definitions that encourage new industries and business innovations to thrive across the city. Home occupation permissions allow for flexible business opportunities while still ensuring that residential neighbourhoods maintain their planned function. New complementary use permissions have been added for places of worship and new rules support schools, recognizing the importance of these community facilities in our neighbourhoods. 

ZBL 22-62 supports a more vibrant, healthy, and diversified rural area by protecting our most important agricultural resources while expanding the range of agricultural uses and allowing for new agri-tourism uses. It supports on-farm diversified uses and agriculture-related uses, and focuses rural growth to the hamlets. It also introduces new permissions for “rural uses”, seasonal cabins and bunkhouses, providing new opportunities and ways for our residents and tourists to our area to enjoy rural lands. 

Residential permissions of ZBL 22-62 are inclusive and focused on equitable housing opportunities for all people. The rules focus on land use impacts and are intended to accommodate all residents and all housing needs in our community. New housing construction is supported by new additional residential unit permissions allowing up to 3 units on properties with a single-detached house, semi-detached house, or townhouse. Some vacant lands that have been planned for future subdivisions have also been “pre-zoned” to allow for residential development, minimizing costs (which get passed on to future purchasers) and supporting the creation of as many new housing units in areas of the city that have the infrastructure available to support new housing. 

New co-living unit permissions have been added for apartment and mixed-use buildings, creating opportunities for a new form of affordable housing. Through the work of the Central Kingston Growth Strategy, two areas for intensification were “up-zoned” to accommodate much of the anticipated growth within Central Kingston in areas that are well located relative to commercial, employment, transportation and recreation opportunities. 

A ‘made in Kingston’ solution transformed the parking approach in ZBL 22-62 by eliminating minimum parking requirements for non-residential uses and reducing minimum parking requirements for residential uses. The By-law supports alternative transportation options such as car-share, active transportation, and public transit through innovative and interconnected zoning provisions. The new approach continues to require essential accessible parking, and strategically supports the creation of affordable housing and the conservation of built heritage resources. For the first time, the parking approach connects directly to broader, strategic objectives such as demonstrating leadership on climate action, broadly supporting housing affordability and encouraging desirable built form in the public realm. To complement the progress in the ZBL 22-62, a new Cash-in-Lieu of Parking By-Law will support the establishment of a city-wide car-sharing program where fees will support the implementation and operation of car-sharing services in the City. 

Last, but certainly not least, ZBL 22-62 protects built heritage resources, major infrastructure, the natural heritage system and source water and helps to protects people and buildings from natural and human made hazards. 

We are proud of the work we have done as a community to bring this new zoning by-law to fruition and look forward to seeing the many ways that it will support the future growth of our City. 

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<strong>Paige Agnew</strong>
Paige Agnew
Commissioner of Community Services
613-546-4291, ext. 3252

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