Laura Flaherty

The Kingston Home Builders Association appealed the City of Kingston's Comprehensive Zoning By-law No. 2022-62, specifically challenging minimum density provisions and maximum bedroom limits.

Prior to the hearing, the parties reached a settlement to reduce minimum densities in certain exception zones to better align with the prevailing neighbourhood character and secondary plan permissions.

Based on uncontested expert planning evidence, the Tribunal found the settlement consistent with the Provincial Policy Statement and the Planning Act, allowed the appeal, and amended the zoning by-law accordingly.

The City of Kingston and the Kingston Home Builders Association brought motions to confirm that Official Plan Amendment No. 82 and Zoning By-law No. 2022-62 came into effect on their respective statutory dates, save for specific provisions and properties subject to site-specific appeals.

The Tribunal accepted the uncontested planning evidence and ordered that the instruments are in full force and effect, with the specified exceptions.