Official Plan & Zoning By-law

Residential Zones Project

NOTICE OF PUBLIC MEETING
Stage 1 Low Density - Tuesday, April 6, 2021 9:30 am

Additional phases addressing townhouse dwellings and apartment buildings will follow. Currently the Residential Zone Project is in Stage 1 Low Density.

Take note that Planning Committee is holding a Public Meeting under the PlanningAct to consider:

  • Modifications to Hamilton Zoning By-law No. 05-200and former municipal Zoning By-laws (Ancaster, Dundas, Flamborough, Glanbrook, Stoney Creek) to amend and/or add new Secondary Dwelling Units (SDUs regulations to implement the Urban and Rural Hamilton Official Plans.
  • Repeal and Replace the Accessory Building regulations in Hamilton Zoning By-law No. 05-200.
  • Amendments to the City of Hamilton Tariff of Fees By-law No.12-282to amendMinor Variance fees for Secondary Dwelling Units.

Amendments to the City of Hamilton Planning and Growth Management Tariff of Fees By-law 12-282 to add a new fee for a Committee of Adjustment Application:
Routine Minor Variance for Secondary Dwelling Units $600.00

To establish a new fee for an application to the Committee of Adjustment for a Minor Variance for a Secondary Dwelling Unit.

Meeting Date
Tuesday, April 6, 2021 9:30 am

Due to the COVID-19 and the closure of City Hall all Virtual Meetings can be viewed at:
City’s Website www.hamilton.ca/MeetingAgendas
City’s YouTube Channel www.youtube.com/InsideCityofHamilton

Accessing the Proposed Zoning By-law Amendments and Report
The information and material related to the proposal will be available in the staff report for public inspection, which will be available to the public on or after Wednesday, March 31, 2021 and may be obtained from the City’s website www.hamilton.ca/MeetingAgendas or contact Timothy Lee at 905-546-2424 Ext. 1249 or by e-mail at [email protected] for a copy of the staff report.

Planning Committee Agenda
Copies of the Planning Committee agenda, including staff reports, will be available on or after Wednesday, March 31, 2021 and may be obtained from the City’s website www.hamilton.ca/MeetingAgendas or contact the City Clerks Office by email at [email protected].

Public Input
Members of the public who would like to participate in a statutory public meeting are able to provide comments in writing via mail or email in advance of the meeting. Comments can be submitted by emailing [email protected] or by mail to the Legislative Coordinator, Planning Committee, City of Hamilton, 71 Main Street West, 1st Floor, Hamilton, Ontario, L8P 4Y5. Comments must be received by noon Thursday, April 1, 2021. Any written comments received after the deadline will be included on the Wednesday, April 14, 2021 Council agenda. Comments can also be placed in the drop box which is located at the back of the 1st Floor of City Hall, 71 Main Street West.

Pre-Recorded Submissions
Members of the public can participate in a statutory public meeting by submitting a pre-recorded video by noon Thursday, April 1, 2021. The video must be no longer than 5 minutes in length and will be reviewed before the meeting to ensure it adheres to the City’s procedures and protocols in presenting to Council. The video can be submitted by emailing [email protected] or dropping off a USB at the City Hall drop box located at the back of the 1st Floor of City Hall, 71 Main Street West, to the attention of the Legislative Coordinator, Planning Committee. Any videos that do not adhere to the City’s procedures and protocols will not be presented at the meeting.

Oral Submissions During the Virtual Meeting
Members of the public are also able to provide oral comments, no longer than 5 minutes in length, regarding statutory public meeting items by participating through Webex via computer or phone. Participation in this format requires pre-registration in advance. Interested members of the public must register by noon Thursday, April 1, 2021. .

To register to participate by Webex either via computer or phone, members of the public must submit a Request to Speak form which can be found at www.hamilton.ca/RequestToSpeak. Upon registering for a meeting, members of the public will be emailed a link for the Webex meeting. The link must not be shared with others as it is unique to the registrant.

All members of the public who register to participate by Webex will be contacted by City Staff to confirm details of the registration prior to the meeting and provide an overview of the public participation process.

If you need clarification or have any questions on how to participate in a statutory public meeting, please email [email protected] or by phone at 905-546-2424 Ext. 4605.

For further information, please contact
Timothy Lee, Senior Planner
Planning & Economic Development Department
City of Hamilton
71 Main Street West, 4th Floor, Hamilton, Ontario, L8P 4Y5
Phone: 905-546-2424 Ext. 1249
Email: [email protected]

Modifications to Zoning By-law No.-05-200 and Six Former Municipal Zoning By-laws in effect in the City of Hamilton and Repeal of By-laws 18-299 (Laneway Housing) and 19-307 (Temporary Use By-law for Hamilton Zoning By-law No. 6593 – Secondary Dwelling Units)

The Planning Committee is holding a Public Meeting under the Planning Act to consider modifications to Hamilton Zoning By-law No. 05-200, Town of Ancaster Zoning By-law No. 87-57, Town of Dundas Zoning By-law No. 3581-86, Town of Flamborough Zoning By-law No. 90-145-Z, Township of Glanbrook Zoning By-law No. 464, and City of Stoney Creek Zoning By-law No. 3692-92 to amend and/or add new Secondary Dwelling Units (SDUs regulations to implement the Official Plans.

General SDU Regulations (Urban and Rural Areas):
A map has not been included in this Notice since the lands affected by the Zoning By-law Amendments are City-Wide.

  • Urban Area: Permit SDUs in certain Zones on lots that permit a single-detached, semi-detached, street townhouse, or townhouse dwelling in the following forms:
    • Internal to the Principal Dwelling;
    • Newly Constructed detached SDUs; and,
    • Converted detached SDUs.
  • Rural Area: Permit SDUs internal to the principal dwelling on lots greater than 0.6 ha in size containing a single-detached or semi-detached dwelling.

Parking Requirements

  • Citywide parking requirement;
    • one parking space per SDU, in addition to the parking requirement of the principal dwelling, except,
    • no additional parking space is required for SDU for properties within a portion of the lower City (roughly bounded by Highway 403 south of the industrial area, the Niagara Escarpment, and Ottawa Street).

Urban Area Regulations:
Internal SDUs to the Principal Dwelling

  • One entrance to the principal dwelling and SDU shall face the street, except lands bounded by Highway 403 south of the industrial area, the Niagara Escarpment, and Ottawa Street where two entrances can face the street.

Newly Constructed Detached SDUs

  • Locational requirements - side yard and rear yard only, distance from the street and between the SDU and the principle dwelling;
  • Minimum landscaped area for each SDU;
  • Setbacks from neighbouring properties and swales;
  • Height and size limitations; and,
  • Design regulations for windows, patios, porches balconies.

Converted Detached SDUs

  • Vacuum Clause - to recognize the existing location of the existing accessory building; and,
  • Additions to existing accessory buildings regulations.

Rural Area Regulations
Internal SDUs to the Principal Dwelling

  • Minimum lot size requirements, adequate services provisions, and other technical regulations.

In addition, the following two By-laws will be repealed from Hamilton Zoning By-law No. 6593 since the new SDU regulations in Section 1 have made these By-laws redundant:

  • By-law18-299 - Second Dwelling Units (Laneway Houses).
  • By-law 19-307, the Temporary Use By-law - Second Dwelling Units for Certain Lands in the Lower City.

to consider modifications to Hamilton Zoning By-law No. 05-200 to delete and replace the existing Accessory Building Regulations and to add new interpretation regulations:

  • Regulations for Accessory Buildings in Residential, Institutional, Commercial, Industrial and Utility, and Agricultural, and Rural, addressing: Height; Setback requirements; Maximum Gross Floor Area.; Location Restrictions.
  • Interpretation regulations - Allow use of diagrams for reference purposes and the use of tables and notations for regulations and permitted uses

The purpose and effect of these Zoning By-law Amendments is to ensure Zoning By-law regulations are up to date and current.

Meeting Date
Tuesday, April 6, 2021 9:30 a.m.

Due to the COVID-19 and the closure of City Hall all Virtual Meetings can be viewed at:
City’s Website www.hamilton.ca/MeetingAgendas
City’s YouTube Channel www.youtube.com/InsideCityofHamilton

Accessing the Proposed Zoning By-law Amendments and Report
The information and material related to the proposal will be available in the staff report for public inspection, which will be available to the public on or after Wednesday, March 31, 2021 and may be obtained from the City’s website www.hamilton.ca/MeetingAgendas or contact Timothy Lee at 905-546-2424 Ext. 1249 or by e-mail at [email protected] for a copy of the staff report.

Planning Committee Agenda
Copies of the Planning Committee agenda, including staff reports, will be available on or after Wednesday, March 31, 2021 and may be obtained from the City’s website www.hamilton.ca/MeetingAgendas or contact the City Clerks Office by email at [email protected].

Public Input
Members of the public who would like to participate in a statutory public meeting are able to provide comments in writing via mail or email in advance of the meeting. Comments can be submitted by emailing [email protected] or by mail to the Legislative Coordinator, Planning Committee, City of Hamilton, 71 Main Street West, 1st Floor, Hamilton, Ontario, L8P 4Y5. Comments must be received by noon Thursday, April 1, 2021. Any written comments received after the deadline will be included on the Wednesday, April 14, 2021 Council agenda. Comments can also be placed in the drop box which is located at the back of the 1st Floor of City Hall, 71 Main Street West.

Pre-Recorded Submissions
Members of the public can participate in a statutory public meeting by submitting a pre-recorded video by noon Thursday, April 1, 2021. The video must be no longer than 5 minutes in length and will be reviewed before the meeting to ensure it adheres to the City’s procedures and protocols in presenting to Council. The video can be submitted by emailing [email protected] or dropping off a USB at the City Hall drop box located at the back of the 1st Floor of City Hall, 71 Main Street West, to the attention of the Legislative Coordinator, Planning Committee. Any videos that do not adhere to the City’s procedures and protocols will not be presented at the meeting.

Oral Submissions During the Virtual Meeting
Members of the public are also able to provide oral comments, no longer than 5 minutes in length, regarding statutory public meeting items by participating through Webex via computer or phone. Participation in this format requires pre-registration in advance. Interested members of the public must register by noon Thursday, April 1, 2021. .

To register to participate by Webex either via computer or phone, members of the public must submit a Request to Speak form which can be found at www.hamilton.ca/RequestToSpeak. Upon registering for a meeting, members of the public will be emailed a link for the Webex meeting. The link must not be shared with others as it is unique to the registrant.

All members of the public who register to participate by Webex will be contacted by City Staff to confirm details of the registration prior to the meeting and provide an overview of the public participation process.

If you need clarification or have any questions on how to participate in a statutory public meeting, please email [email protected] or by phone at 905-546-2424 Ext. 4605.

To request a Notice of Decision
If you wish to be notified of the decision of the City of Hamilton on the proposed Zoning By-law Amendments, you must make a written request to Lisa Kelsey, Legislative Coordinator (contact information below).

Timothy Lee, Senior Planner
Lisa Kelsey, Legislative Coordinator
City Clerks Office, 1st Floor Hamilton, Ontario, L8P 4Y5
Phone: 905-546-2424 Ext. 4605
Email: [email protected]

Appeals
In accordance with the provisions of the Planning Act,

Zoning By-law Amendments
i. If a person or public body does not make oral submissions at a public meeting or make written submissions to the City of Hamilton before the proposed Zoning By-law amendments are adopted, the person or public body is not entitled to appeal the decision of Council, City of Hamilton to the Local Planning Appeal Tribunal (LPAT).
ii. If a person or public body does not make oral submissions at a public meeting or make written submissions to the City of Hamilton before the
proposed Zoning By-law amendments are adopted, the person or public body may not be added as a party to the hearing of an appeal before the Local Planning Appeal Tribunal (LPAT) unless, in the opinion of the Tribunal, there are reasonable grounds to add the person or public body as a party.

Collection of Information
Information respecting this application is being collected under the authority of the Planning Act, R.S.O. 1990, c.P.13. All comments and opinions submitted to the City of Hamilton on this matter, including the name, address and contact information of persons submitting comments and / or opinions, will become part of the public record and will be made available to the general public and will appear on the City’s website unless you expressly request within your communication the City remove your personal information.

For further information, please contact
Timothy Lee, Senior Planner
Planning & Economic Development Department
City of Hamilton
71 Main Street West, 4th Floor, Hamilton, Ontario, L8P 4Y5
Phone: 905-546-2424 Ext. 1249
Email: [email protected]

The City of Hamilton’s Comprehensive Zoning By-law No. 05-200 came into effect on May 25, 2005, and is being implemented in stages. This Zoning By-law applies to the entire City of Hamilton and is replacing the Zoning By-laws of the former municipalities.

The final phase of this project is focused on residential zones in the urban area. The purpose of this project is to implement the policies of the Urban Hamilton Official Plan to create consistent residential zones across the entire urban area of Hamilton.

What does Zoning By-law No. 05-200 represent?

  • A living document that will evolve over time.
  • A flexible, up-to-date document, reflecting current planning trends and priorities.
  • Forward thinking – future ready.

Residential Zoning Engagement Project
Stage 1 Low Density

Additional phases addressing townhouse dwellings and apartment buildings will follow. Currently the Residential Zone Project is in Stage 1 Low Density.

Did you miss the virtual public information meeting? Watch the video and review the presentation Q&As.

Draft discussion papers

These discussion papers outline the different zoning by-law regulations and options to consider, and a list of the preliminary recommendations.

This project only addresses Zoning By-law regulations and does not affect any licensing by-laws or requirements.

Public Engagement Feedback Summary

Related projects

A number of related projects are underway or have been completed that will help inform the residential zoning project going forward.

In anticipation of future growth in both new communities and within existing communities, the City is working on several projects related to residential growth:

In November 2018, The City hosted a series of public open houses to talk about planning for future communities:

  • what density looks like
  • how to plan for complete communities
  • how zoning can contribute to making great communities

It’s about imagining new communities and what that would look like for you – how you live now and how you want to live in the future.

Public Open Houses - November, 2018

Open house attendees were asked to provide feedback through a series of interactive activities to inform the projects staff are presently working on. The feedback received will inform the next stages of these ongoing planning projects - the planning of new communities and the residential zoning project. Review the display materials (PDF,  8 MB)

Visual Preference Survey

The Visual Preference Survey presented a series of images which focused on a particular element of residential development (e.g. how a building interacts with the street). The public was asked to rank each photo based on their preference. Visual Preference Survey Results – the results of each open house are shown, along with a summary of the combined results from all open houses.

Things that influence how we feel about the street we live on

At the open houses, attendees were asked to comment on their likes and dislikes about the street they live on. Things that influence how we feel about our street can include:

  • The types and overall look of the houses and other buildings;
  • Landscaping;
  • Outdoor spaces – yards, balconies, porches, and patios;
  • Meeting places, parks, and trails;
  • Streets and parking; and,
  • Sidewalks, bike lanes, and public transit.

Comments

A summary of the content of the public open houses and feedback received can be found in Report PED19055 (PDF, 204 KB).

Secondary suites in detached structures are to be permitted in certain areas within the city provided they adjoin a laneway and satisfy a number of other zoning regulations. This pilot project is intended to help inform the residential zoning project.

The approved By-law 18-299 amended regulations of Section 19 of Zoning By-law No. 6593 to allow secondary units within detached structures for existing single detached dwellings within the lower City (parts of Wards 1, 2, 3 and 4) adjoining a laneway. A future information guide will be created to help residents better understand the process and requirements of this pilot project, including a warning advising that continued use and maintenance of the alleyway is not secured or protected.

View the report presented to Planning Committee

In consultation with the Ancaster community, a pilot project for the Existing Residential “ER” Zone was developed that involved changes to the regulations of the “ER” Zone. Zoning By-law regulations establish an as-of-right building envelope that guides development or redevelopment on individual properties. The changes are intended to provide a more sensitive integration of new construction within mature neighbourhoods.

As part of the residential zoning project, we will monitor these new zoning regulations to see if:

  • they are working as intended
  • any changes or new regulations are needed
  • they could be used in other areas of the city with mature neighbourhoods and larger lots

Learn more about the Review of the Existing “ER” Zone in Ancaster

Contact us

For questions about the zoning of a property, or if you wish to submit a Building Permit application, contact:

Building Division
City Hall, 3rd Floor
Phone: 905-546-2720
Email: [email protected]

For general questions about the Residential Zone Project, contact:

Tim Lee
Planner, Zoning By-Law Reform
Phone: 905-546-2424 ext. 1249
Email: [email protected]

Alana Fulford
Planner, Zoning By-law Reform
Phone: 905-546-2424 ext. 4771
Email: [email protected]