Hamilton's New Rural and Agricultural Zoning is Available for Review
On September 27, 2006, Hamilton's Economic Development and Planning Committee adopted a new Rural Official Plan. The policies within this Plan create a consistent policy framework for the entire Rural Area of the amalgamated City of Hamilton. This Plan also brings the City of Hamilton's Rural Official Plan policies into conformity with the Greenbelt Plan as well as consistency with the Provincial Policy Statement.
The Plan was approved by the Ministry of Municipal Affairs and Housing on December 24, 2008.
The new Rural Zoning for the City of Hamilton will be required to conform to and implement the Rural Hamilton Official Plan, the Greenbelt Plan, and the Provincial Policy Statement. An information report is available and describes the rural zoning project to date.
Rural and Agricultural Zone Summary
There are six new Rural and Agricultural zones: Agriculture (A) Zone, Rural Industrial (MR) Zone, Extractive Industrial (ME) Zone, Settlement Residential (SR) Zone, Settlement Commercial (SC) Zone and Settlement Institutional (SI) Zone.
Agriculture (A) Zone
The Agriculture (A) Zone applies to all lands found in the Rural Area of the City that have been designated Rural, Agriculture or Specialty Crop in the City's new Rural Official Plan. Some of the permitted uses in this zone include: Agricultural uses, Agricultural-Related uses, Secondary on-farm uses, Farm Labour Residences, Home Industry and Home Businesses.
Rural Industrial (MR) Zone
The intent of the Rural Industrial (MR) Zone is to recognize and permit industrial uses in areas where industrial uses currently exist or in areas developed for Rural Industry under former Zoning By-laws, for example the Ofield Rural Industrial Area in the Town of Flamborough.
Extractive Industrial (ME) Zone
This zone permits extractive uses, as well as passive recreation uses and agriculture uses if the extractive use ceases operation. As the Ministry of Natural Resources (Aggregate Resources Act) Site Plan requirements regulate all extractive uses, minimal zoning regulations associated with these uses are required in developing the new ME Zone.
Rural Settlement Areas (RSA's)
As per the Rural Official Plan, RSA's are communities where a variety of land uses and developments have clustered together on a small scale outside the designated Urban Area. These areas are intended to be for residential uses as well as service centres that serve the immediate community and the surrounding rural area. As such, there are three zones that have been created in the by-law which permit and regulate Residential, Commercial and Institutional uses within the RSA's.
Settlement Commercial (SC) Zone
The SC Zone applies to areas that have been designated as Settlement Commercial within the Rural Settlement Areas. The zone provides opportunities for small scale commercial, professional or personal services primarily related to the needs of the residents of the Rural Settlement Area and surrounding rural community; some examples include: Catering Service, Commercial Recreation, Craftsperson Shop, Financial Establishment, Medical Clinic and Motor Vehicle Gas Bar.
Settlement Institutional (SI) Zone
Properties that are zoned SI are designated Settlement Residential within the Rural Settlement Area where institutional uses currently exist. The permitted uses include a Day Nursery, Educational Establishment and a Place of Worship in addition to a Home Business, Residential Care Facility and Single Detached Dwelling. The uses found within these areas serve the rural community and as a result ensure that residents of the Rural Area do not need to travel far to find services to fulfil their daily needs.
Settlement Residential (SR) Zone
The SR Zone only permits Single Detached dwellings and accessory uses such as: Home Business and Residential Care Facilities. This zone has been applied to all existing residential areas within the Rural Settlement Areas. The areas zoned SR provide only limited opportunities for new residential developments within the Rural Settlement Areas.
Open Space and Park Zones
These zones, already created as part of the Comprehensive Zoning By-law, establish a hierarchy of parks for the City and implement Official Plan policy. These zones are now being implemented in the Rural Area. The Neighbourhood Park (P1) Zone and Community Park (P2) Zone are only found within Rural Settlement Areas as they serve the needs of small neighbourhoods and communities. The City Wide (P3) Zone and Open Space (P4) Zone serve the needs of the whole City and so they can be found throughout the Rural area. The Conservation/Hazard Land (P5) Zone is used to recognize the Conservation Authority's defined Hazard Lands. More information on these zones can be found on the Parks and Open Space section of the Zoning By-law web page.
Rural Definitions
The Definitions listed within this section outline the terms used within the new Rural and Agricultural Zones to help create a clear understanding of what each term means in the new zones.
General Provisions
The General Provisions include any other provisions that are not already covered in the zone and that apply to all zones.
Parking Requirements
The Parking Requirements outline the minimum parking requirements for the uses listed within the new Rural and Agricultural zones. The Definitions, General Provisions and Parking Requirements all apply specifically to the proposed Rural and Agricultural Zones. A separate set of Definitions, General Provisions and Parking Requirements has already been introduced in the City's Comprehensive Zoning By-law 05-200 and is applicable across the entire City in both Rural and Urban areas.
Rural and Agricultural Mapping
An index map has been provided which breaks down the Rural area into more manageable sections to navigate and review zoning.
Special Exceptions
Special Exceptions are additional regulations for specific properties. This may mean that additional uses are permitted/prohibited or that there are additional regulations that apply to a property.
Holding Provisions
A Holding Provision is an additional regulation for specific properties. The Holding Provision requires certain steps to be taken before any development can occur.
Rural Temporary Use Provisions
A temporary use provision permits a specific use for a defined period of time. Upon the lapsing of the provision the use may no longer continue. The only temporary use provisions that will be brought forward in these proposed new zones are related to temporary garden suites.
Implementation
The new Rural and Agricultural Zones cannot be implemented until the Rural Official Plan is in place. As such, since the Rural Official Plan has been appealed to the Ontario Municipal Board the implementation will not occur until these appeals have been finalized before the OMB.
Next Steps
In April 2010, all Rural property owners received a postcard that listed the dates and times of the Rural Public Information Centres (PICs) and also provided instructions as to how they could obtain information regarding the new Rural and Agricultural Zoning. The PICs acted as our Statutory Open Houses (under the Planning Act). In addition to these PICS, there has been considerable consultation with property owners and Rural Stakeholders. The comments provided to staff through these consultations will be used to finalize the new Rural and Agricultural Zones.