CONSOLIDATION

Kingston Airport Zoning Regulations

SOR/88-447

Current to June 20, 2022



OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence

31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations

(3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency.

LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only.

NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”.

Current to June 20, 2022

TABLE OF PROVISIONS Regulations Respecting Zoning at Kingston Airport

Short Title

Interpretation

Application

General

Natural Growth

Disposal of Waste SCHEDULE

Current to June 20, 2022

ii

Registration SOR/88-447 August 25, 1988

AERONAUTICS ACT Kingston Airport Zoning Regulations P.C. 1988-1716

August 25, 1988

Whereas, pursuant to section 4.5* of the Aeronautics Act, a copy of the proposed Zoning Regulations respecting Kingston Airport, substantially in the form set out in the schedule hereto, was published in two successive issues of the Canada Gazette, Part I, on January 23rd and 30th, 1988, and in two successive issues of the Kingston Whig-Standard on March 26th and 27th, 1986, and a reasonable opportunity was thereby afforded to interested persons to make representations to the Minister of Transport with respect thereto. Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 4.4* of the Aeronautics Act, is pleased hereby to make the annexed Regulations respecting zoning at Kingston Airport.

*

S.C. 1985, c. 28, s. 1

Current to June 20, 2022

Regulations Respecting Zoning at Kingston Airport

Short Title 1 These Regulations may be cited as the Kingston Airport Zoning Regulations.

Interpretation 2 (1) In these Regulations,

airport means the Kingston Airport at Kingston, in the County of Frontenac, in the Province of Ontario; (aéroport) airport reference point means the point described in Part I of the schedule; (point de repère de l’aéroport) approach surface means an imaginary inclined plane that extends upward and outward from each end of a strip, which approach surface is more particularly described in Part II of the schedule; (surface d’approche) Minister means the Minister of Transport; (ministre) outer surface means an imaginary surface located above and in the immediate vicinity of the airport, which outer surface is more particularly described in Part III of the schedule; (surface extérieure) strip means the rectangular portion of the landing area of the airport, including the runway, prepared for the take-off and landing of aircraft in a particular direction, which strip is more particularly described in Part IV of the schedule; (bande) transitional surface means an imaginary inclined plane that extends upward and outward from the lateral limits of a strip and its approach surfaces, which transitional surface is more particularly described in Part V of the schedule. (surface de transition) (2) For the purposes of these Regulations, the elevation of the airport reference point is 91 m above sea level.

Application 3 These Regulations apply to all the lands, including public road allowances, adjacent to or in the vicinity of

Current to June 20, 2022

Kingston Airport Zoning Regulations Application Sections 3-6

the airport, which lands are more particularly described in Part VI of the schedule. SOR/92-177, s. 1(F).

General 4 No person shall erect or construct on any land to which these Regulations apply, any building, structure or object or any addition to any existing building, structure or object, the highest point of which will exceed in elevation at the location of that point (a) the approach surfaces; (b) the outer surface; or (c) the transitional surfaces.

Natural Growth 5 Where an object of natural growth on any land to

which these Regulations apply exceeds in elevation any of the surfaces referred to in paragraphs 4(a) to (c), the Minister may require that the owner or occupier of the land on which that object is growing remove the excessive growth. SOR/92-177, s. 2.

Disposal of Waste 6 No owner or occupier of any land to which these Regulations apply shall permit such land or any part of it to be used for the disposal of any waste edible by or attractive to birds. SOR/92-177, s. 3(E).

Current to June 20, 2022

Kingston Airport Zoning Regulations SCHEDULE

SCHEDULE (ss. 2 and 3)

PART I

Description of the Airport Reference Point The airport reference point, shown on Kingston Airport Zoning Plan No. 10-009-84-89, Sheet 13, dated February 14th, 1985, is a point distant 340.0 m measured easterly at right angles to the centre line of runway 01-19 from a point distant 920.5 m measured southerly along the said centre line from the northerly end of the said runway.

PART II

Description of the Approach Surfaces The approach surfaces, shown on Kingston Airport Zoning Plan No. 10-009-84-89, Sheets 1 to 8, 10, 12 to 16 and 18, dated February 14th, 1985, are surfaces abutting each end of the strips associated with the runway designated 01-19 and 06-24 and are described as follows: (a) a surface abutting the end of the strip associated with runway approach 01 consisting of an inclined plane having a ratio of 1 m measured vertically to 50 m measured horizontally rising to an imaginary horizontal line drawn at right angles to the projected centre line of the strip and distant 15 000 m measured horizontally from the end of the strip; the outer ends of the imaginary horizontal line being 2 400 m from the projected centre line; said imaginary horizontal line being 300 m above the elevation at the end of the strip; (b) a surface abutting the end of the strip associated with runway approach 19 consisting of an inclined plane having a ratio of 1 m measured vertically to 50 m measured horizontally rising to an imaginary horizontal line drawn at right angles to the projected centre line of the strip and distant 15 000 m measured horizontally from the end of the strip; the outer ends of the imaginary horizontal line being 2 400 m from the projected centre line; said imaginary horizontal line being 300 m above the elevation at the end of the strip; (c) a surface abutting the end of the strip associated with runway approach 06 consisting of an inclined plane having a ratio of 1 m measured vertically to 40 m measured horizontally rising to an imaginary horizontal line drawn at right angles to the projected centre line of the strip and distant 1 744 m measured horizontally from the end of the strip; the outer ends of the imaginary horizontal line being 249.4 m from the projected centre line; said imaginary horizontal line being 43.6 m above the elevation at the end of the strip; and

Current to June 20, 2022

Kingston Airport Zoning Regulations SCHEDULE

(d) a surface abutting the end of the strip associated with runway approach 24 consisting of an inclined plane having a ratio of 1 m measured vertically to 40 m measured horizontally rising to an imaginary horizontal line drawn at right angles to the projected centre line of the strip and distant 1 744 m measured horizontally from the end of the strip; the outer ends of the imaginary horizontal line being 249.4 m from the projected centre line; said imaginary horizontal line being 43.6 m above the elevation at the end of the strip.

PART III

Description of the Outer Surface The outer surface, shown on Kingston Airport Zoning Plan No. 10-009-84-89, Sheets 8 to 18, dated February 14th, 1985, is an imaginary surface located at a common plane established at a constant elevation of 45 m above the elevation of the airport reference point, except that, where that common plane is less than 9 m above the surface of the ground, the outer surface is an imaginary surface located at 9 m above the surface of the ground.

PART IV

Description of the Strips The strips shown on Kingston Airport Zoning Plan No. 10-009-84-89, Sheet 13, dated February 14th, 1985, are described as follows: (a) the strip associated with runway 01-19 is 300 m in width, 150 m being on each side of the centre line of the runway, and 1 644 m in length; (b) the strip associated with runway 06-24 is 150 m in width, 75 m being on each side of the centre line of the runway, and 1 340 m in length.

PART V

Description of Each Transitional Surface Each transitional surface, shown on Kingston Airport Zoning Plan No. 10-009-84-89, Sheets 10, 12, 13, 14, 15 and 16, dated February 14th, 1985, is a surface consisting of an inclined plane rising at a ratio of 1 m measured vertically to 7 m measured horizontally at right angles to the centre line and projected centre line of each strip extending upward and outward from the lateral limits of each strip and its approach surfaces to an intersection with the outer surface or another transitional surface of an adjoining strip.

Current to June 20, 2022

Kingston Airport Zoning Regulations SCHEDULE

PART VI

Description of the Lands to Which These Regulations Apply The boundary of the lands to which these Regulations apply, shown on Kingston Airport Zoning Plan No. 10-009-84-89, Sheets 1 to 18, dated February 14th, 1985 is described as follows: COMMENCING at the southeasterly corner of Lot 37, Broken Front Concession, in the Township of Ernestown, County of Lennox and Addington; THENCE northerly along the easterly limit of the said Lot 37 to the northeasterly corner thereof; THENCE northerly in a straight line across the original road allowance between the Broken Front Concession and Concession I to the southeasterly corner of Lot 37, Concession I; THENCE northerly along the easterly limit of the said Lot 37, Concession I to the intersection thereof with the northerly limit of the Canadian National Railway Toronto to Montreal right-of-way; THENCE in an easterly direction along the northerly limit of the said right-of-way to the intersection thereof with the easterly limit of Lot 38, Concession I; THENCE northeasterly in a straight line across Lots 39, 40, 41 and 42 to a point in the easterly limit of the said Lot 42; THENCE in a straight line, continuing along the production of the last mentioned line, across the road allowance between the Township of Ernestown, County of Lennox and Addington and the Township of Kingston, County of Frontenac, to a point in the westerly limit of The Mile Square, Concession II, Township of Kingston, the said point being distant 1 460 metres measured southerly along the westerly limit of The Mile Square from the northwesterly corner thereof; THENCE northeasterly in a straight line across The Mile Square to the intersection thereof with the southerly limit of the road allowance between Concession II and Concession III (Western Addition), Township of Kingston, the said point of intersection also being in the production southerly of the westerly limit of Lot 2, Concession III (Western Addition); THENCE easterly along the limit of the said road allowance to a point where the said line meets the westerly limit of approach surface (19); THENCE northerly along the westerly limit of approach surface (19) on an azimuth of 348°17′36″ to a point in the northwesterly corner of approach surface (19), the Universal Transverse Mercator (UTM) coordinates of which are N 4 913 641.07 and E 368 717.13; THENCE easterly along the northerly limit of approach surface (19) on an azimuth of 86°49′27″ to a point being the northeasterly corner of approach surface (19), the UTM coordinates of which are N 4 913 906.71 and E 373 508.76;

Current to June 20, 2022

Kingston Airport Zoning Regulations SCHEDULE

THENCE southerly along the easterly limit of approach surface (19) on an azimuth of 185°21′18″ to its intersection with the northerly limit of the King’s Highway No. 2; THENCE easterly along the northerly limit of the said Highway No. 2 to the intersection thereof with the northerly production of the westerly limit of Block 85 as shown on a plan registered in the Land Registry Office for the Registry Division of Frontenac (No. 13) as Plan 1884; THENCE southerly along the last mentioned line to the northwesterly corner of said Block 85; THENCE southerly, easterly, and northerly along the westerly, southerly and easterly limits of Plan 1884 to the northeasterly corner of Block 79, being also the northeasterly corner of said Plan 1884, and also being a point in the southerly limit of Highway No. 2 as widened by a plan of survey registered in the aforesaid Land Registry Office as Plan 1388; THENCE northerly in a straight line along the northerly production of the easterly limit of said Block 79 as shown on said Plan 1884 across the said Highway No. 2 to its intersection with the southern boundary of Lot 9 Concession 3; THENCE easterly along the northerly limit of the said Highway No. 2 to the intersection thereof with the easterly limit of Lot 9, Concession III; THENCE in a straight line across the road allowance between Lots 9 and 10, Concession III, to the intersection of the westerly limit of said Lot 10 with the said northerly limit of Highway No. 2; THENCE continuing easterly along the northerly limit of Highway No. 2 to the intersection thereof with the production northerly of the easterly limit of Lot 12, Concession II; THENCE southerly along the said northerly production of the easterly limit of Lot 12, Concession II across the road allowance between Concessions II and III to the northeasterly corner of Lot 12, Concession II; THENCE southerly along the easterly limit of Lot 12, Concession II, to the intersection thereof with the northerly limit of the King’s Highway No. 33 (also known as The Bath Road); THENCE easterly along the said northerly limit of Highway No. 33 to the production northerly of the easterly limit of Lot 13, Concession I, Township of Kingston; THENCE southerly along the production northerly of the easterly limit of Lot 13, Concession I across the road allowance between Concessions I and II, to the northeasterly corner of Lot 13, Concession I; THENCE southerly along the easterly limit of Lot 13, Concession I to the intersection thereof with the Municipal Boundary between the Township of Kingston and the City of Kingston; THENCE, in a southerly direction, along the said Municipal Boundary to the southeasterly corner of the Township of Kingston, being a point in Lake Ontario; THENCE southwesterly along the limit between the Township of Kingston and Wolfe Island to its intersection with the easterly limit of approach surface (01);

Current to June 20, 2022

Kingston Airport Zoning Regulations SCHEDULE

THENCE southerly along the easterly limit of approach surface (01) on an azimuth of 168°17′36″ to the southeasterly limit of approach surface (01), the UTM coordinates of which are N 4 882 318.20 and E 375 261.46; THENCE westerly along the southerly limit of approach surface (01) on an azimuth of 266°49′27″ to the southwesterly limit of approach surface (01), the UTM coordinates of which are N 4 882 052.12 and E 370 469.87; THENCE northerly along the westerly limit of approach surface (01) on an azimuth of 5°21′18″ to its intersection with the Municipal Boundary between the County of Frontenac and the County of Lennox and Addington being also a point in the southwesterly limit of the Township of Kingston, County of Frontenac; THENCE northwesterly on an azimuth of 302°49′27″ to a point in Lake Ontario which intersects the production southerly of the easterly limit of Lot 37, Broken Front Concession, Township of Ernestown; THENCE northerly along the production southerly of the easterly limit of Lot 37, Broken Front Concession, to the POINT OF COMMENCEMENT. SOR/92-177, ss. 4(F), 5(E), 6(F) to 8(F).

Current to June 20, 2022

