The Council of the Town of Kingsville passed By-law 01-2025 on January 13, 2025
By-law 01-2025 amends the Town of Kingsville Comprehensive Zoning By-law 1-2014, Section 4.2 – Accessory Buildings & Structures, to the following:
- Section 4.2 (h) Accessory buildings and structures shall not exceed the following heights:
- in residential zones within the primary and secondary settlement area – 5.8 m (19 ft.)
- in residential zones or lots under 2 ha that are outside the settlement area – 6.5 m (21.3 ft)
- Section 4.2 (i) Notwithstanding any other provision of this by-law, the maximum building height for an accessory building which contains a dwelling unit is not to exceed 6.5 m (21.3 ft)
Purpose & Effect of By-Law 01-2025
The amendment is intended to revise and improve the regulations for Accessory Buildings & Structures, to reduce approval processes required by Council and the Committee of Adjustment & Appeals, and to reduce costs & timelines to homeowners.
Process of Filing an Appeal to the Ontario Land Tribunal (OLT)
Only the applicant, a public body and a specified person (as defined under Section 1 of the Planning Act, R.S.O. 1990, c.P.13), the registered owner of any land to which the by-law would apply, if, before the by-law was passed, the owner made oral submissions at a public meeting or written submissions to Council, and the Minister may appeal a decision of the municipality to the OLT. Individuals are no longer permitted to do so.
If a Town Council decision is appealed to the OLT, you can request participant status and make written submission to the OLT for consideration as part of the decision-making process. The OLT Citizen Liaison can help you better understand the rules, practices and procedures of the OLT and can be reached by email at OLT.CLO@ontario.ca
No person nor public body shall be added as a party to the hearing of the appeal unless, before the by-law was passed, the person or public body made oral submissions at a public meeting or written submissions to the council or, in the opinion of the Tribunal, there are reasonable grounds to add the person or public body as a party.
If you intend to appeal, a Notice of Appeal must be filed with the Town of Kingsville Clerk, located at:
Town of Kingsville
2021 Division Road North
Kingsville ON N9Y 2Y9
The Notice of Appeal must be filed no later than 4:30 p.m. on February 4th, 2025, and shall include:
- The reasons for the appeal.
- A completed OLT A1 Appeal Form. Currently the Town of Kingsville is not registered with the OLT’s e-file portal, therefore appellants must complete and submit the A1 Appeal Form to the Town of Kingsville Clerk. Information related to submitting documents for filing an appeal to OLT is available on the Tribunal’s website: https://olt.gov.on.ca/submit-documents/
- The fee required by the Tribunal.
A fee in the amount of $400.00 (fee for a private citizen, a registered charity or a non-profit ratepayers’ association) or $1,100.00 (Corporate Fee), pursuant to the Ontario Land Tribunal Act, 2021, S.O. 2021.
Fees are payable by certified cheque, money order, or credit card, and must be in Canadian funds.
Certified cheques and money orders should be made payable to the “Minister of Finance” and submitted to the municipality at the time of submission of the OLT Appeal Form.
For credit card fee payment, please indicate this on the appeal form and OLT staff will phone you to complete the transaction – do not record any credit card details on the appeal form. The municipality will not collect the credit card fee payment. Credit card fees are collected by OLT directly by contacting the appellant.
