Site Plan Control Bylaw

This Bylaw may be cited as the "City of Kingston Site Plan Control Bylaw".

All lands within the limits of the City of Kingston effective January 1, 1998 are subject to the provisions of this Bylaw, and of Section 41(4) of the Planning Act, R.S.O. 1990 c.P.13.

Passed: November 2, 2010

Whereas the Official Plan for the City of Kingston describes the whole of the City of Kingston as an area subject to Site Plan Control;

And Whereas Section 41(2) of the Planning Act, R.S.O. 1990, c.P.13, as amended authorizes the Council of a local municipality to pass a Bylaw respecting Site Plan Control;

And Whereas Council deems it advisable to repeal the Site Plan Control Bylaw Number 2006-65 and enact a new Site Plan Control Bylaw pursuant to Section 41 of the Planning Act that would designate all the lands within the geographic limits of the City of Kingston as a Site Plan Control Area and exempt from approval certain classes of development;

Now Therefore the Council of The Corporation of the City of Kingston enacts as follows:

The following developments shall be subject to Site Plan Control:

1. New non-residential developments or additions to existing non-residential developments which contain over 300 square metres of gross floor area.
2. New non-residential development or redevelopment or additions to existing non-residential developments located along a Freeway, Arterial or Collector road as classified in the City of Kingston Official Plan or applicable Zoning Bylaw.
3. Any residential development containing four (4) or more dwelling units.
4. Specialized farm uses as defined in Section 7 of this Bylaw.
5. The development, redevelopment, alteration or expansion of any above ground broadcasting and communications buildings or structures.
6. The development, redevelopment, alteration or expansion to any above ground utility infrastructure, including wind or water turbines
7. Commercial Parking Lots and Commercial Parking Structures as defined in Section 7 of this Bylaw.
8. Day Care Centre: Any facility which is constructed or converted for use as a Day Care Centre as defined in Section 7 of this Bylaw, unless included as part of a previously approved commercial development.
9. Any patio accessory to a commercial use and located outdoors on private property; this does not apply to industrial or institutional uses.
10. Environmental Areas: Any development on or adjacent to lands designated environmental protection area or similar designation in the City of Kingston Official Plan.
11. Rideau Community or Village: Any development located within the Rideau Community: Neighbourhood Centre or Village Centre designation of the City of Kingston Official Plan.
12. Propane: Any propane transfer station.
13. 752 King Street West, more particularly described as Concession 1 Part Lots 17, 18 Part Road Allowance, Plan 38 Lots 1-38, Plan 54 Blocks 60-63, Lots 1-5, 8 (formerly known as Beachgrove)
14. Harbour Area: Any development in the areas designated as "Harbour Area" in the City of Kingston Official Plan.
15. Community Facility or Private Schools: Any new development of or conversion to a Community Based Care facility, Private School, Place of Worship, Private Social facility, Cultural facility or Community Centre, as described in the City of Kingston Official Plan.
16. Any new development of or conversion to Community Homes, Residential Care Facilities, Detoxification Centers, Recovery Homes, Crisis Care Shelters, Corrections Residences or Community Support Houses as defined in Section 7 of this Bylaw.
17. Barriefield: Any development within the Barriefield Heritage Conservation District, as defined in Bylaw Number 17-80, unless:
1. a Heritage Permit pursuant to the Ontario Heritage Act has been approved by Council, and
2. the development is:
   1. exempt under Section 4 of this Bylaw and contains less than 60 square metres of gross floor area; or (Bylaw Number 2010-217)
   2. the proposal is for the construction, replacement or renovation to a fence, wall or gate; and
3. the development is:
   1. an addition or alteration to an existing use; or
   2. accessory to an existing use; or
   3. an alteration or addition to an existing accessory use.
18. Heritage: Any development of real property designated under the Ontario Heritage Act where the addition or alteration has the effect of adding one or more dwelling units, adding more than 100 square metres of building area or altering site grading; and any development of new buildings or additions more than 100 square metres on lands abutting a real property designated under the Ontario Heritage Act.
19. Road Widening: Any development along any road listed for road widening in the City of Kingston Official Plan, unless the widening has already been dedicated to the City. (A consolidated list of the roads is attached as Appendix A, however, it does not form part of this Bylaw).
20. Portables: Any development of more than three (3) portable classrooms accessory to a school.
21. Outdoor commercial / recreational: Any development of a commercial outdoor recreational facility such as a campground, swimming pool, amusement park, or other similar use.

The following classifications of development shall be exempt from Site Plan Control:

(1) Notwithstanding Section 3(2), minor modifications to existing development currently subject to a registered Site Plan Control Agreement with the Corporation that do not have the effect of substantially increasing the size or usability of any building or structure, or alter grading or drainage shall be exempt from Site Plan Control at the discretion of the Director.

(2) Notwithstanding Section 3(10), regarding development near designated environmental protection areas to the contrary, one or two or three unit dwellings and agricultural buildings other than an agricultural building used for "non-specialized farm" uses shall be exempt from Site Plan Control.

(3) Notwithstanding Section 3(20), a portable classroom on a school site of a district school board that was in existence on January 1, 2007 shall be exempt from Site Plan Control.

(4) Works which result from the requirements of the Fire Marshall's Act or an Order issued by the Corporation's Fire Department.

(5) Where there is an approved Site Plan, any deviation from any dimension respecting the location of buildings and structures shown in the approved plans provided the deviation does not exceed 0.3 metre and, further, provided the deviation does not result in a violation of the requirements of any Bylaw enacted by the Corporation or other applicable law.

(6) Interior building alterations which do not involve a change in major occupancy as defined by the Ontario Building Code.

(7) Signs and temporary construction buildings placed in accordance with any applicable Bylaw.

(8) Agricultural buildings used for "a farm", or "riding stable", but not including "a specialized farm" as defined in the applicable Zoning Bylaw.

(9) Townhouses with direct access to the street, at the same grade, and approved through a plan of subdivision.

All lands subject to Site Plan Control must submit, for the review and approval of the Corporation, graphic rendering(s), pursuant to Section 41(4) of the Planning Act, the City of Kingston Official Plan, and the following:

(1) Drawings bearing a drawing number, date or date of revision and drawn to scale.

(2) Drawings showing the location of all buildings and structures to be erected and the location of all facilities and works, including facilities designed to have regard for accessibility for persons with disabilities, to be provided in conjunction with the development.

(3) Drawings showing plan, elevation and cross-section views for each building to be erected, which drawings are sufficient to display,

1. the massing and conceptual design of the proposed building;
2. the relationship of the proposed building to adjacent buildings, streets, and exterior areas to which members of the public have access;
3. the provision of interior walkways, stairs, elevators and escalators to which members of the public have access from streets, open spaces and interior walkways in adjacent buildings;
4. matters relating to exterior design, including without limitation the character, scale, appearance and design features of buildings, and their sustainable design;
5. the sustainable design elements on any adjoining road under a Corporation's jurisdiction, including without limitation trees, shrubs, hedges, plantings or other ground cover, permeable paving materials, street furniture, curb ramps, waste and recycling containers and bicycle parking facilities; and
6. facilities designed to have regard for accessibility for persons with disabilities.

Any agreement or amendment thereto entered into in accordance with this Bylaw, shall be registered against the title of the land to which it applies.

In this Bylaw, unless the context requires otherwise, the following definitions and interpretations shall apply:

Building Bylaw - means any Bylaw of the Corporation passed pursuant to the Building Code Act, as amended;

Building Permit - means a permit required by the Building Bylaw;

Commercial Parking Lot - means an open area, including any related aisles, parking spaces, ingress and egress lanes, other than a public street or public lane or parking structure, used for the temporary parking of five or more motor vehicles and available for the public and/or private use, whether or not for compensation or as an accommodation for tenants, employees, clients or customers, other than parking areas which are accessory to a permitted use on the same lot. A commercial parking lot shall have its principal access to a public street or public laneway and shall constitute the main use of the lot;

Commercial Parking Structure - means a partially open and/or enclosed area, including any related aisles, parking spaces, ingress and egress lanes, other than a public street or public lane, used for the temporary parking of five or more motor vehicles and available for public and/or private use, whether or not for compensation or as an accommodation for tenants, employees, clients or customers, other than parking areas which are accessory to a permitted use on the same lot. A commercial parking structure shall have its principal access to a public street or public laneway and shall constitute the main use of the lot;

Corporation - means The Corporation of the City of Kingston;

Council - means the Municipal Council of the Corporation of the City of Kingston;

Community Home - means a community-based group living arrangement, in a single housekeeping unit, for up to a maximum of seven (7) individuals, exclusive of staff and/or receiving family, who are receiving care consistent with their needs. A Community Home is licensed, funded or approved by the Province of Ontario. Community Homes may provide an eighth bed on an emergency basis which shall be occupied for a maximum of thirty (30) days;

Community Support House- means a community-based group living arrangement, in a single housekeeping unit, for persons from out of the City requiring primarily short term accommodation, which may include incidental counselling services. A Community Support House is intended to provide accommodation for the relatives and friends of persons who may be incarcerated in a local penal institution or who may be receiving treatment in a local medical facility. A Community Support House is licensed, funded or approved by the Province of Ontario;

Corrections Residence- means a group living arrangement, in a secure facility for persons who have been placed on probation, who have been released on parole, who are admitted to the facility for correctional or rehabilitation purposes or who are awaiting trial, and live together under responsible twenty-four (24) hour secure supervision consistent with the requirements of its residents and accepted standards for secure detention. A Corrections residence is licensed, funded or approved by the Province of Ontario or the Federal Government;

Crisis Care Shelter - means a group living arrangement, in a single housekeeping unit, for persons in a crisis situation requiring shelter, protection, assistance, counselling or support and in which it is intended that short term accommodation of a transient nature be provided. A Crisis Care Shelter is licensed, funded or approved by the Province of Ontario;

Day Care Centres - means a premises licensed under the Day Nurseries Act, , as amended, that receives more than five (5) children who are not of common parentage, primarily for the purpose of providing temporary care, or guidance, or both temporary care and guidance, for a continuous period not exceeding twenty-four (24) hours, where the children are:

• under eighteen years of age in the case of a day care centre or day nursery for children with a developmental handicap, and
• under ten years of age in all other cases.

Development – means the construction, erection or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of substantially increasing the size or usability thereof, or the laying out and establishment of a commercial parking lot or of sites for the location of three or more trailers as defined in the Municipal Act, or of sites for the location of three or more mobile homes as defined in the Planning Act or of sites for the construction, erection or location of three or more land lease community homes as defined in the Planning Act.

Detoxification Centre - means an institution or single housekeeping unit in which persons who are addicted to chemical substances and/or alcohol are admitted for withdrawal, treatment and/or rehabilitation and live together under responsible twenty-four hour supervision consistent with the requirements of its residents. A Detoxification Centre is licensed, funded or approved by the Province of Ontario and shall be registered with the City of Kingston;

Erect - means the carrying out of any activity within the meaning of Development herein;

Land - includes lands, tenements, and herediments, and any estate or interest therein, and any right or easement affecting them, and lands covered with water and any right or easement affecting them;

Director - means the Director, Planning and Development of The Corporation of the City of Kingston, or his/her designate;

Municipal Act - means the Municipal Act, S.O. 2001, c.25 and any amendments thereto;

On-site Improvements - means paving (base and top course asphalt, excluding granular materials); final site grading; hard and soft landscaping; walkways; retaining walls; fencing (screening and acoustic); lighting; and signage. For clarity, On-site Improvements do not include buildings, structures and underground storm, sanitary and water services.

Person - includes any association, firm, partnership, syndicate, company, Corporation, its agents or trustee, and the heirs, administrators, executors, assigns and other legal representatives of such person to whom the context may apply according to law;

Plan - means a formal drawing as referred to in Section 5;

Planning Act - means the Planning Act, R.S.O. 1990, c.P.13, as amended;

Qualified Person – means an individual with qualifications and/or credentials related to a field of study and who is therefore appropriate for conducting a study and/or providing expert opinion that has been required by the Corporation. The qualifications and credentials of the qualified person may be either Landscape Architect, Architect or Certified Engineer depending on related work and must be to the satisfaction of the Corporation, or where appropriate, are defined by relevant legislation, regulation and standards.

Recovery Homes - means a group living arrangement, in a single housekeeping unit that is developed for the treatment and education of persons with alcohol or drug related problems and/or dependencies. Recovery Homes provide a continuum of care through short-term or long-term residential programs offering a wide variety of therapies dealing with the individual's physical, social, psychological, occupational, spiritual and nutritional needs. Recovery Homes shall provide responsible twenty-four (24) hour supervision, consistent with the needs of the residents. A Recovery Home is licensed, funded or approved by the Province of Ontario;

Residential Care Facilities - means a community based group living arrangement, in a single housekeeping unit, for eight (8) or more individuals, exclusive of staff and/or receiving family, who are receiving care and/or supervision consistent with their needs. A Residential Care Facility is licensed, funded or approved by the Province of Ontario;

Specialized Farm - means land on which the predominant economic activity consists of raising chickens, turkeys or other fowl; the raising of swine or goats; the raising of cattle on feed lots; or the growing of mushrooms;

Bylaw Administrator - means the Director of Planning and Development or in the absence of the Director, the Manager of Development Approvals or Manager of Policy Planning.