Review of the Existing Residential “ER” Zone in Ancaster

Notice of the passing of a Zoning By-law Amendment by the City of Hamilton
in the matter of: Redevelopment in Mature Neighbourhoods -
Changes to the existing Residential "ER" Zone in Town of Ancaster Zoning By-law 87-57

 

TAKE NOTICE THAT that the City of Hamilton Council passed Zoning By-law No. 18-105 (PDF, 2 MB) on the 25th day of April, 2018 under Section 34 of the Planning Act, R.S.O. 1990, c. P.13, to amend the Existing Residential “ER” Zone in Town of Ancaster Zoning By-law No. 87-57 to modify existing regulations and add new regulations to direct the size and location of dwellings on a lot, and to add, modify and delete area specific or site specific exceptions to the “ER” Zone.

AND TAKE NOTICE THAT the public submissions received regarding this matter supported the approval of the Zoning By-law Amendment, with amendments.

AND TAKE NOTICE THAT any person or agency who objects to Zoning By-law No. 18-105 may appeal the decision of Council to the Local Planning Appeal Tribunal, by filing with the City Clerk, not later than the 24th day of May, 2018 a certified cheque or money order in the amount of $300, payable to the Minister of Finance, Province of Ontario. A completed Notice of Appeal form setting out the reasons for the appeal of the Zoning By-law is required to be accompanied with the Local Planning Appeal Tribunal fee. Appeal forms are available at www.elto.gov.on.ca/lpat.

If you have no objection to the By-law, you do not need to take any action and you do not send to send a cheque.

AND TAKE NOTICE THAT the decision by Council on the Zoning By-law is final if a notice of appeal is not received before or on the last day for filing a notice of appeal.

Only Individuals, Corporations and Public Bodies may appeal a Zoning By-Law to the Local Planning Appeal Tribunal. A Notice of Appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or group on its behalf.

No person or 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 Local
Planning Appeal Tribunal, there are reasonable grounds to add the person or public body as a party.

An explanation of the purpose and effect of the Zoning By-law, describing the lands to which the Zoning By-law applies is below. The complete By-law is available for inspection during regular office hours. If you have any questions, please call Ida Bedioui, Legislative Coordinator at 905-546-2424 ext. 4605. Appeals should be submitted to: City Clerk, City of Hamilton, 71 Main Street West, 1st floor, Hamilton, Ontario, L8P 4Y5.

The purpose of By-law No. 18-105 is to modify the regulations of the Existing Residential “ER” Zone by:

  • Modifying the regulations for maximum lot coverage, front yard setback, side yard setback, rear yard setback, and maximum height of a principal dwelling;
  • Introducing new regulations for garage location (projection) and second storey projections;
  • Introducing new definitions for “Flankage Lot Line”, “Setback”, and “Flankage Yard”;
  • Modifying the definitions for “Front Yard”, “Rear Yard”, and “Side Yard”; and,
  • Modifying the regulations for parking space size and parking space size within private residential garages.

The effect of the By-law is to establish new or revised requirements for the size and location of dwellings on lots in the “ER” Zone, 
and to modify the minimum requirements for parking space size and parking space size within private residential garages to be consistent with established standards.

In addition, the purpose of By-law No. 18-105 is to add, modify and delete a number of area specific or site specific exceptions to the Existing Residential “ER” Zone by:

  • Deleting the following area specific or site specific exceptions:
    • “ER-204” (Mansfield / Judith Court Area);
    • “ER-210” (36 Cait Street, 73,79,80,90, 96 Irma Court);
    • “ER-322” (22 Valleyview Drive);
    • “ER-323” (26 Valleyview Drive);
    • “ER-454” (178 and 182 Central Drive);
    • “ER-564” (part of 130 Fiddlers Green Road); and,
    • “ER-588” (427 and 431 Kitty Murray Lane).
  • Modifying the following site specific exceptions:
    • “ER-201” (38 Park Lane);
    • “ER-358” (194 Sioux Drive);
    • “ER-380” (49 and 53 Valleyview Drive);
    • “ER-392” (14 Valleyview Drive); and,
    • “ER-393” (16 and 20 Valleyview Drive).
  • Adding the following site specific exceptions:
    • “ER-691” (357 Shaver Road);
    • “ER-695” (196 Woodview Crescent); and,
    • “ER-696” (908 Bishop Place).

The effect of the By-law is to delete redundant area specific and site specific exceptions, modify site specific exceptions to reflect the new regulations of the Existing Residential “ER” Zone, and add site specific exceptions to recognize approved or in process development applications.

 

Pilot project - Building new homes in Ancaster's mature neighbourhoods

Council directed staff to review the Existing Residential “ER” Zone in Ancaster to determine how to manage the building of new residential homes in mature areas. Review a map of the Existing ER Zones in Ancaster (PDF, 4 MB)

How to determine if a property is located in the Existing Residential “ER” Zone? Visit the City’s interactive Zoning mapping application, enter an Ancaster address and select the zoning layer. 

Ancaster is one of many communities facing change where larger homes are replacing smaller ones that were built decades before.  Mature neighbourhoods are different from new growth areas such as the Meadowlands, not only in the character of the neighbourhood, but also in how development is regulated.

In consultation with the Ancaster community, a pilot project for the “ER” Zone has been developed, consisting of a series of 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 to the regulations are not intended to remove the flexibility of land owners when building new homes or additions, or to control design or building materials. The changes are intended to provide a more sensitive integration of new construction within mature neighbourhoods.

In addition to the changes to the regulations, the pilot project has expanded the site plan approval process to include all properties located in the “ER” Zone. Site plans address a number of matters including but not limited to building locations, grading, elevations, site access and site circulation, tree preservation and landscaping. For properties in the “ER” Zone, the site plan approval process is required to address grading, elevational changes of a property as it relates to grading, and tree preservation.

Status

  • By-law No. 18-105 to amend the Town of Ancaster Zoning By-law No. 87-57 to implement new regulations for the Existing Residential “ER” Zone has been appealed to the Local Planning Appeal Tribunal, formerly known as the Ontario Municipal Board. The changes to Site Plan Control By-law No. 15-176 are not impacted by the appeal. By-law No. 18-104 to amend the Site Plan Control By-law is in effect.
  • Council Meeting April 25, 2018: City Council passed By-law No. 18-104 (PDF, 5 MB) and By-law No. 18-105 (PDF, 2 MB) to amend the Town of Ancaster Zoning By-law No. 87-57 and to amend Site Plan Control By-law No. 15-176, to implement the changes to the regulations of the Existing Residential “ER” Zone and to expand Site Plan Control to include properties in the “ER” Zone

Changes to the Existing Residential “ER” Zone

Changes to Zoning Regulations:

  • Modify the regulations for maximum lot coverage, front yard setback, side yard setback, rear yard setback, and maximum height of a principal dwelling
  • Introduce new regulations for garage location (projection) and second storey projections

Summary table of proposed changes for the Existing Residential “ER” Zone (PDF, 217 KB)

Changes to Site Plan Control By-law No. 15-176:

  • Properties zoned Existing Residential “ER” Zone are subject to Site Plan Control to address:
    • Grading
    • Elevational changes of a property as it relates to grading
    • Tree preservation

By-law No. 18-104: To Amend Site Plan Control By-law No. 15-176 (PDF, 5 MB)
Site Plan Control By-law No. 15-176 (PDF, 568 KB)
Visit Site Plan Approvals for more information on the site plan approval process.

When will the proposed changes to the Existing Residential “ER” Zone regulations be in effect?
City Council approved the amendments to the zoning regulations on April 25, 2018.  The amendments to the zoning regulations were appealed to the Local Planning Appeal Tribunal (LPAT) during the prescribed appeal period.  Therefore, the existing regulations of the “ER” Zone remain in effect.  

How do the new regulations affect Building Permit applications?
New development proposed through a Building Permit application must comply with the zoning regulations in effect on the date of issuance of a Building Permit.

When will the proposed changes to Site Plan Control By-law No. 15-176 be in effect?
City Council approved the amendment to Site Plan Control By-law No 15-176 on April 25, 2018 so the amended Site Plan Control By-law is now in effect. 

How do the changes to the Site Plan Control By-law affect Building Permit applications?
Building Permit applications received before April 26, 2018 are exempt from the new Site Plan Control requirements for “ER” Zone properties, provided a building permit is issued within 6 months of the effective date of the amended Site Plan Control By-law.  However, this exemption does not include any properties that were previously subject to Site Plan Control under Section 9.0 of the Site Plan Control By-law. 

Public Information Sessions
Held September 26, 2016
Discussed the Zoning By-law options available to protect the character of the mature residential areas in Ancaster and manage the change as new development occurs.
Display panels (PDF, 5 MB) | Presentation (PDF, 807 KB)

Contact us

Alana Fulford, Planner
Phone: 905-546-2424 Ext. 4771
Email: alana.fulford@hamilton.ca