For the purposes of this Bylaw:
Act means the Development Charges Act, S.O. 1997, c. 27;
Administration Service means all studies carried out by the Municipality related to eligible services for which a Development Charge Bylaw may be imposed under the Act;
Agricultural Use means lands, buildings or structures located within an agriculture zone as determined under the Zoning Bylaw applicable to the property, excluding any portion thereof used as a dwelling unit, used or designed or intended for use as a bona fide farming operation for the production of crops or the breeding, raising or maintaining of livestock or both, including:
- The keeping of bees and uses where animals or birds are kept for grazing, breeding, raising, boarding, or training of livestock of all kinds including, but not limited to: cattle, swine, sheep, goats, rabbits, poultry, fish, horses, ponies, mules, and fur bearing animals; or
- The tillage of soil, growing and harvesting of vegetables, fruits, field crops, mushrooms, berries, trees, flowers, sod or landscaping materials; the erection and use of greenhouses; woodlots and forest tree uses; the packing, treating, storing and sale of products produced on the farm operation; and, other similar uses customarily carried on in the field of general agriculture; or
- Such buildings or structures located on the farm operation property that are designed and intended to be used solely for or in connection with the production of crops or livestock including, but not limited to:
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- barns and silos;
- buildings or structures used for the storage and repair of the farm operation’s equipment;
- buildings or structures used for the storage or processing of materials used in the production or maintenance of crops or livestock; or
- buildings or structures used for the processing, packing, treating, storing or sale of the products derived from the farming operation’s production of crops or livestock, or both.
Air supported structure means a structure consisting of a pliable membrane which achieves and maintains its shape and support by internal air pressure;
Apartment dwelling means any dwelling unit within a building containing more than four (4) dwelling units where the units are connected by an interior corridor. Despite the foregoing, an apartment dwelling includes Stacked Townhouse Dwellings;
Assessment Act means the Assessment Act, R.S.O. 1990, c. A.31;
Back-to-back townhouse dwelling means a building containing four (4) or more dwelling units separated vertically by a common wall, including a rear common wall, that does not have a rear yard with amenity area;
Bedroom means a habitable room larger than seven (7) square metres, including a den, study, or other similar area, but does not include a living room, dining room or kitchen;
Board of Education means a board defined in s.s. 1(1) of the Education Act, R.S.O. 1990, c. E.2;
Building or structure means a structure consisting of a wall, a roof and floor or any of them or a structural system serving the function thereof, and includes an air supported structure, a seasonal air supported structure, tents, and an area attached to and ancillary to a retail development that is covered with a roof-like structure, but does not include a canopy and storage tanks;
Building Code Act means the Building Code Act, 1992, S.O. 1992, c. 23;
Canopy means a roof-like structure projecting more than three hundred millimetres (300 mm) from the exterior face of a building and includes a free-standing roof-like structure constructed on lands used for an automotive fuel station or a drive-through facility;
Capital cost means costs incurred or proposed to be incurred by the Municipality, or a local board thereof, directly or by others on behalf of, and as authorized by, the Municipality or local board,
- to acquire land or an interest in land, including a leasehold interest;
- to improve land;
- to acquire, lease, construct or improve buildings and structures;
- to acquire, lease, construct or improve facilities including:
- rolling stock with an estimated useful life of seven (7) years or more,
- furniture and equipment, other than computer equipment,
- materials acquired for circulation, reference or information purposes by a library board as defined in the Public Libraries Act, R.S.O. 1990, c. P.44;
- to undertake studies in connection with any of the matters referred to in clauses (a) to (d);
- to complete the Development Charge Background Study under Section 10 of the Act;
- interest on money borrowed to pay for costs in (a) to (d); required for the provision of services designated in this Bylaw within or outside the Municipality;
City Treasurer means the Chief Financial Officer and City Treasurer for the City of Kingston or his/her designate;
Commercial means any non-residential development not defined under "institutional" or "industrial";
Council means the Council of The Corporation of the City of Kingston;
Development means any activity or proposed activity in respect of land that requires one or more of the actions referred to in Section 2 of this Bylaw and includes the redevelopment of land or the redevelopment, expansion, extension or alteration of a use, building or structure;
Development Charge means a charge imposed pursuant to this Bylaw;
Duplex means a building comprising, by horizonal division, two dwelling units;
Dwelling unit means a room or suite of rooms used, or designed or intended for use by, one person or persons living together, in which culinary and sanitary facilities are provided for the exclusive use of such person or persons;
Grade means the average level of finished ground adjoining a building or structure at all exterior walls;
Gross floor area means the total floor area measured between the outside of exterior walls, or between the outside of exterior walls and the centre line of party walls dividing the building from another building, or between the centre lines of party walls, of all floors above Grade;
Industrial means lands, buildings or structures or portions thereof located within a zone in which the proposed industrial use is permitted by the applicable Zoning Bylaw, used, designed or intended for use for manufacturing, producing, processing, storing, Warehousing or distribution of something, and the retail sale by a manufacturer, producer or processor of something that they have manufactured, produced or processed, if the retail sales are at the site where the manufacturing, production or processing takes place, as well as office space and Research and Development space that is ancillary to the manufacturing, producing, storing, Warehousing or distribution of something at the site, but shall not include self-storage facilities or retail warehouses. For greater certainty, industrial uses are limited to those "Industrial and Other Employment" uses set out in Schedule 11 of Appendix A in the City’s 2019 Development Charges Background Study as classified by the North American Industry Classification System (NAICS) Code;
Institutional means lands, buildings or structures used or designed or intended for use by an organized body, society, health care organization or religious group and shall include, without limiting the generality of the foregoing, places of worship, senior’s residences and special care facilities;
Local board means a public utility commission, public library board, local board of health, or any other board, commission, committee or body or local authority established or exercising any power or authority under any general or special act with respect to any of the affairs or purposes of the Municipality or any part or parts thereof;
Local services means those services or facilities which are under the jurisdiction of the Municipality and are related to a Plan of Subdivision or within the area to which the Plan relates, required as a condition of approval under s.51 of the Planning Act, or as a condition of approval under s.53 of the Planning Act;
Multiple dwelling means all dwellings other than single detached dwellings, semi-detached dwellings, and apartment dwellings;
Municipality means The Corporation of the City of Kingston;
Non-Industrial means any non-residential building or structure which is not an industrial use. Without limiting the generality of the foregoing, non-industrial includes commercial and retail uses and institutional uses;
Non-residential uses means a building or structure used for other than a residential use. For greater clarity, Hotels, Motels, Bed and Breakfast, and Retirement Homes not meeting the definition of a "dwelling unit" are included within the definition of non-residential uses.
Owner means the owner of land or a person who has made application for an approval for the development of land upon which a Development Charge is imposed;
Planning Act means the Planning Act, R.S.O. 1990, c. P.13, as amended;
Regulation means any regulation made pursuant to the Act;
Residential uses means lands, buildings or structures or portions thereof used, or designed or intended for use as a home or residence of one or more individuals, and shall include a single detached dwelling, a semi-detached dwelling, a multiple dwelling, an apartment dwelling, and the residential portion of a mixed-use building or structure;
Research and Development uses means gross floor area in a building which is not exempt from assessment and taxation under the Assessment Act, R.S.O. 1990, c. A.31 and for which a corporation will receive Federal or Provincial Scientific Research and Experimental Development (SR&ED) income tax credits;
Row dwelling means a building divided into three (3) or more dwelling units, each of which has a separate entrance and access to grade;
Seasonal air supported structure means an air supported structure that is raised and/or erected for a maximum of six (6) months in any given year to allow for the use of an outdoor sports field or portion thereof during the winter season for sports-related activities;
Seasonal Structure means a building or structure placed or constructed on land and used, designed or intended for use for a non-residential purpose during a single season of the year for a maximum of four (4) months where such building or structure is designed to be easily demolished or removed from the land at the end of the season;
Second residential unit means a separate residential dwelling unit, which is ancillary to a principal residential dwelling unit, and includes a separate, clearly defined, safe access, kitchen, washroom and living space;
Semi-detached dwelling means a building divided vertically into two (2) dwelling units each of which has a separate entrance and access to grade;
Services means services set out in Schedule "A" to this Bylaw;
Single detached dwelling means a completely detached building containing only one (1) dwelling unit;
Stacked townhouse means a building, other than a duplex, row townhouse, or back to back townhouse, containing at least 3 dwelling units; each dwelling unit separated from the other vertically and/or horizontally and each dwelling unit having a separate entrance to grade.
Temporary building or structure means a non-residential building or structure constructed or placed upon lands which is demolished or removed from the lands within three (3) years of building permit issuance, and includes but is not limited to, sales trailers and temporary office trailers but excludes a mobile home;
Temporary venue means a building or structure that is placed or constructed on land and is used or intended for use for a particular event where the event has a duration of one (1) week or less and the building or structure is erected immediately before the beginning of the event and is demolished or removed from the land immediately following the end of the event;
Warehouse use means lands, buildings, or structures used or designed for the storage of goods which will be sold elsewhere or subsequently transported to another location for sale, including the storage of goods by a distributor or supplier who markets goods for retail sale at other locations, provided that the warehouse use is located within an industrial zone as defined in the City’s Zoning Bylaws. Warehouse use shall not include:
- mini-warehouses for the storage of household or other articles;
- any retail or commercial uses; and
- locations which sell directly to the ultimate consumer of the goods.