A voluntary technical panel that will provide expert and impartial design advice and guidance to Planning staff on urban design matters of development within Design Priority Areas.
The Zoning By-law regulates the use of land such as residential, commercial, industrial or institutional, as well as the:
- location, size and height of buildings or structures
- built form
- sets out parking and loading requirements
- other site specific requirements
If a property owner wishes to make changes to a property that deviates from the permitted uses or the regulations of the Zoning By-law, the owner must apply for a Zoning By-law Amendment.
Amending a Zoning By-law
A Zoning By-law can be amended to change either the zoning of the land or add special provisions to the zoning designation for a special property. This amending by-law can be as little as changing the zoning designation from one to another, adding a use or changing a zoning by-law requirement.
Minor variance: If a property owner wishes to make a minor change to the Zoning By-law regulations that would differ only slightly from the provisions, the owner may apply to the Committee of Adjustment for a minor variance, rather than a Zoning By-law Amendment. You should discuss this alternative first with Planning staff.
Apply for a Zoning By-law Amendment
The process to obtain a Zoning By-Law Amendment may take a minimum of four to six months to complete, after we receive your completed application including any supporting studies. The level of complexity and issues related to your proposal will affect this timeline.
Before submitting an application, a Formal Consultation is often required.
The purpose of this consultation is to:
- Confirm whether a Zoning By-law Amendment is necessary
- Provide initial feedback on the proposed amendment
- Outline information, studies, and reports such as noise or vibration studies, traffic impact studies, environmental assessments or archaeological assessments that you need to support your application
- Confirm whether you will need other approvals such as an Official Plan Amendment
Before you submit your application Planning staff may suggest that you consult with other City departments or agencies. You may also want to schedule a community information meeting.
Design Review Panel
The Design Review Panel is generally limited to complex Zoning By-law Amendments and Site Plan applications in the following Design Priority Areas:
- Downtown Hamilton Secondary Plan Area
- Areas of Major Change and Corridors of Gradual Change within Setting Sail Secondary Plan Area
- Any other large scale project that has the potential to significantly impact the physical environment functionally and aesthetically.
Applications subject to the DRP will be identified at the Formal Consultation stage including any additional submission requirements.
This application form is to be used by persons or public bodies wishing to amend the land use designations (official plan or zoning) for a specific property in the City of Hamilton. In this form, the term "subject land" means the land that is subject of the proposed amendment. It is also to be used for any proposal to amend existing approved official plan policy or zone provisions.
Are you eligible for fee exemptions? Are you applying for Eligible New Non-Profit Affordable Housing?
You will have to pay the application fee when you submit your application. Applications fees are non- refundable whether the application is approved or denied.
Fees can be paid by cheque, credit card or money order. Cheques must be made payable to the City of Hamilton.
|Amendment to establish a new Pit or Quarry||$156,615|
|Pit or quarry expansion (In addition to base fee, the owner/applicant shall bear any and all cost pertaining to peer reviews and for an aggregate advisor, if required)||$62,655|
|Complex Application (includes the first 10 units)||$29,290|
|Plus residential per unit fee after 10th unit up to a max of 50 additional units (Units 11 - 60)||$400|
|Plus Non-Residential per sq metre charge up to a maximum 5,000 sq metres||$7|
|Public notice recirculation due to cancellation of a public meeting by the applicant or agent||$1,290|
|Advertising fee (minimum charge, if applicable)||$1,660|
|Amended applications with circulation||$2,295|
|Removal of a ‘H’ holding provision - Complex||$23,310|
|Removal of a ‘H’ holding provision - Routine||$8,250|
|Removal of a ‘H’ holding provision (Downtown)||$23,950|
|Supplementary report fee||$4,725|
|Non-Profit Affordable Housing (subject to eligibility)||fees waived|
Notes: For the purpose of Tariff of Fees, a unit is defined as any habitable room enclosed by four walls, regardless of any Ontario Building Code definitions. The per unit and per square metre charges are applicable to each phase of the proposed development.
Conservation Authority Plan Review Fee
The Conservation Authorities within the city of Hamilton charge fees for their review of Planning Act applications. Once you submit your application, City staff will advise you if your application requires Conservation Authority review, and if so, which Conservation Authority your project falls within:
- Conservation Halton Review Fees
- Hamilton Conservation Authority Review Fees
- Niagara Peninsula Conservation Authority Review Fees
- Grand River Conservation Authority Review Fees
The fee is to be made payable to the appropriate Conservation Authority and you will have to pay the fee to the City upon request. We will forward the fee along with the application to the Conservation Authority. Combined applications will only be charged at the highest rate. The Conservation Authority reserves the right to request additional fees should the review require a substantially greater level of effort.
All applications are required to be submitted in electronic format (PDF) via the CitySHARE link or on a USB stick.
To initiate a digital application submission, email [email protected] to obtain a CitySHARE link to upload the completed application form, supporting information and materials. To complete the digital submission process, email [email protected] with subject line “NEW SUBMISSION – [Insert File Type] – [Insert Address]” to confirm that the upload to CitySHARE is complete.
Alternatively, the application can be mailed or delivered in person to:
City of Hamilton
71 Main Street West, 5th Floor
Hamilton, Ontario, L8P 4Y5
Attention: Planning Division
Application Fees can be paid by cheque or credit card to The City of Hamilton. If the Application Fee is being paid by cheque, please note that a photocopy of the cheque is to accompany the electronic submission.
These submission requirements will be further refined in January 2023.
The complete submission should include:
- The completed Application Form with all applicable sections completed and signed.
- The required Application Fee per the current City of Hamilton Planning Division Fee Structure.
- A valid Formal Consultation Document signed by the Owner/Applicant.
- All of the Required Materials and Information as identified through the Formal Consultation process.
- The Public Consultation Summary and Response Report.
- Zoning Compliance Review Letter signed by the Owner / Applicant (This is not required for Official Plan Amendment or Holding Removal Applications).