CITY OF HAMILTON · Industrial Land Zones (M5 and M6 Zones). The Business Park Zones are applied to the City’s existing Business Parks. In general, the General Business Park (M2)

CITY OF HAMILTON

Planning and Economic Development Department Strategic Services and Special Projects Division

TO: Chair and Members Economic Development and Planning

Committee

WARD(S) AFFECTED: CITY WIDE

COMMITTEE DATE: April 27, 2010

SUBJECT/REPORT NO: City Initiative CI-09-H Respecting The City of Hamilton Comprehensive Zoning By-law: New Industrial Zones (PED09260(a)) (City Wide)

SUBMITTED BY: Tim McCabe General Manager Planning & Economic Development Department

SIGNATURE:

PREPARED BY: Jocelyn Strutt 905-546-2424 Ext. 1287

RECOMMENDATION: (a) That approval be given to City Initiative CI-09-H which amends the Official

Plans for the former Regional Municipality of Hamilton-Wentworth, former Town of Ancaster, former Town of Dundas, former Town of Flamborough, former township of Glanbrook, former City of Hamilton and former City of Stoney Creek in order to amend Official Plan policies respecting industrial land uses, on the following basis:

(i) That Appendix “A” attached to Report PED09260(a) respecting

amendments to existing Official Plan policies for industrial uses, and which has been prepared in a form satisfactory to the City Solicitor, be approved.

(b) That approval be given to City Initiative CI-09-H which amends the City of

Hamilton’s new Comprehensive Zoning By-law 05-200 in order to bring forward new Industrial Zones which will regulate industrial uses, on the following basis:

Vision: To be the best place in Canada to raise a child, promote innovation, engage citizens and provide diverse economic opportunities.

Values: Honesty, Accountability, Innovation, Leadership, Respect, Excellence, Teamwork

SUBJECT: City of Hamilton Comprehensive Zoning By-law: New Industrial Zones (PED09260(a)) (City Wide) - Page 2 of 40


Values: Honest, Accountability, Innovation, Leadership, Respect, Excellence, Teamwork

(i) That Appendix “B” attached to Report PED09260(a) respecting new Industrial Zones for the City of Hamilton, and which has been prepared in a form satisfactory to the City Solicitor, be approved.

(c) That staff be directed to amend the Site Plan Guidelines in order to implement

the intent of the Employment Area policies of the new Urban Hamilton Official Plan and the new Industrial Zones, once approved.

Note: Due to the bulk of the mapping associated with the Zoning By-law

Amendment, copies have been distributed to Council members. The mapping has not been included as part of this staff Report (PED09260(a)). Schedule “1” to By-law 10-XXX contains the Industrial Zone mapping. The complete set of maps will be available for viewing in the Office of the City Clerk, 77 James Street North, Suite 220 or at the Strategic Services and Special Projects Division at 77 James Street North, Suite 250, or on-line at www.hamilton.ca/industrialzoning. The complete Report will also be available on the City’s Website at www.hamilton.ca.

EXECUTIVE SUMMARY The City of Hamilton’s new Comprehensive Zoning By-law 05-200, came into effect on May 25, 2005, and is being implemented in stages. The first stage represented the Downtown Zones. The second stage brought forward the Open Space and Parks Zones and the third stage brought forward the Institutional Zones. In February 2007, the first Industrial Zone, Research and Development (M1) Zone, was approved by Council and represented the start of the fourth stage of the new By-law. The Zoning By-law Reform team has now completed the remainder of the Industrial Zones. At its meeting of October 6, 2009, Information Report PED09260 was presented to Economic Development and Planning Committee (Item 8.3 of Report 09-020), in which the new Industrial Zones were presented. Following that meeting, all the information presented at Committee was uploaded to the City of Hamilton’s website. In addition, the following consultation occurred: • October 2009: mail out was sent to all owners of industrially zoned properties

within the City of Hamilton (approximately 3,000 packages were sent); • November 2009: three Public Information Centres (PIC) and Public Open House

(required by the Planning Act) were held; and, • November 2009: February 2010: approximately 40 one-on-one meetings were

held with property owners to discuss property-specific issues.

http://www.hamilton.ca/industrialzoning

http://www.hamilton.ca/




The new Industrial Zones implement the Employment Area policies contained within the new Urban Hamilton Official Plan. Both the Provincial Policy Statement (PPS) and the Growth Plan for the Greater Golden Horseshoe (the Growth Plan) require municipalities to preserve employment areas for employment uses. The intent of the new zones is to permit a wide range of employment-type uses throughout the employment areas, with some limited support commercial uses permitted at strategic locations within the Business Parks. Although the new Industrial Zones implement the Employment Area policies of the new Official Plan, they cannot be implemented until such time as the new Urban Hamilton Official Plan is approved. Staff is awaiting approval of the new Official Plan from the Ministry of Municipal Affairs and Housing, the exact timing of which is unknown. However, in order to encourage new economic development and investment within Hamilton and to bring the zoning by-law into conformity with Provincial policies, staff recommends that the new zones be approved under the existing Official Plans of the former Municipalities. In order to implement this recommendation, minor amendments are required to the existing Official Plan policies, the effect of which is to bring the existing policies into conformity with Provincial policies. Because the policies within the Urban Hamilton Official Plan are consistent with Provincial planning policies and legislation (through the PPS and the Growth Plan), they are more restrictive than the existing Official Plan policies. Under the Planning Act, Zoning By-laws are permitted to be more restrictive than Official Plan policies, but cannot be more permissive. Therefore, under the existing policy framework, the new Industrial Zones can be brought forward for approval, with minor amendments. More specifically, the Official Plan Amendments: • scope the range of permitted uses on lands designated as Industrial or Employment

in the Official Plans to be consistent with Provincial policy respecting appropriate employment uses;

• add policies respecting uses that are prohibited on lands designated Industrial/Employment within the Official Plans;

• amend policies to permit outdoor storage and outdoor assembly associated with any permitted use (subject to screening);

• provide policies regulating the function, scale and type of office uses permitted; and, • provide policies regulating the location and scale of ancillary retail uses permitted. The proposed Official Plan Amendments do not change the intent of the existing municipal Official Plans for employment areas; rather, the Amendments are proposed to bring the existing policies into conformity with Provincial legislation and to allow for the implementation of the new Industrial Zones. The purpose of the Zoning By-law Amendment is to bring forward the new Industrial Zones for incorporation into the City’s Comprehensive Zoning By-law 05-200. More specifically, the Zoning By-law Amendment:




• introduces 5 new Industrial Zones; • introduces new definitions related to the range of uses permitted within the industrial

zones and amends existing definitions within Zoning By-law 05-200; • introduces additional general provisions to the Zoning By-law respecting Special

Setbacks, Conservation Authority regulation over specific lands and Drive Through regulations;

• introduces new parking requirements for industrial and commercial uses permitted within the new Industrial Zones as well as locational criteria for loading facilities; and,

• introduces Special Exceptions and Holding Provisions for specific properties proposed to be zoned with the new Industrial Zones.

The new Industrial Zones provide a consistent approach to the management of lands throughout the City’s employment areas. There are a total of five new Industrial Zones, broken down into two main categories: Business Park Zones (M2 to M4 Zones) and Industrial Land Zones (M5 and M6 Zones). The Business Park Zones are applied to the City’s existing Business Parks. In general, the General Business Park (M2) Zone is applied to the interior of a business park and permits a wide range of manufacturing and employment-related uses with minimum urban design requirements. The Prestige Business Park (M3) Zone is applied to the exterior of a Business Park and the whole of the Red Hill Business Park (formerly known as the East Mountain Business Park and the North Glanbrook Business Park), and permits a range of light industrial, office and research and development uses. Urban design standards are enhanced in this zone to foster the image and development of a prestige business park. Minimum setbacks from sensitive land uses are also required in those areas where a property in the business park immediately abuts a residentially or institutionally zoned property. The Business Park Support (M4) Zone is also applied to the exterior of a business park and permits the same range of employment uses as the M3 Zone, but also permits a limited range of commercial uses which are designed to support employees and businesses within the park (i.e. Restaurant and Financial Establishment). The regulations for the M4 Zone are the same as those within the M3 Zone respecting urban design standards and minimum setbacks for industrial uses from zoned sensitive land uses. The Industrial Land Zones (M5 and M6 Zones) are applied to the City’s older industrial areas within the former Municipalities. The General Industrial (M5) Zone is applied only to the Bayfront Industrial Area and is the most permissive of the new zones. This zone permits the widest range of manufacturing and employment-related uses, as well as some uses which may take advantage of the existing buildings or locate on existing smaller lots. The M5 Zone is also the least restrictive zone in terms of regulations in order to accommodate the existing range of employment uses and to permit flexibility for redevelopment. The Light Industrial (M6) Zone is applied to the exterior of the Bayfront Industrial Area and to all of the other older industrial areas in the former Municipalities. This zone permits a range of light industrial uses and ancillary uses, such as Medical Office and Personal Services, which serve the needs of both employees within the Industrial Area as well as buffering industrial uses from the




adjacent neighbourhoods. Urban design standards focus on enhanced landscaping and screening for outside storage and assembly areas. Minimum setbacks from sensitive land uses are also required in those areas where an industrial property immediately abuts a residentially or institutionally zoned property. Alternatives for Consideration – See Page 38 FINANCIAL / STAFFING / LEGAL IMPLICATIONS (for Recommendation(s) only) Financial: Not Applicable Staffing: Not Applicable Legal: As required by the Planning Act, the City must hold a minimum of one (1)

Statutory Public Open House when new zoning is being brought forward to implement a new Official Plan. For the new Industrial Zones, a total of three (3) meetings were held; and,

As required by the Planning Act, Council will hold at least one (1) Public Meeting to consider amendments to the former municipal Official Plans and Zoning By-law 05-200 for the City of Hamilton. Note: this meeting is considered the statutory Public Meeting under the Planning Act.

HISTORICAL BACKGROUND (Chronology of events) The City of Hamilton’s new Comprehensive Zoning By-law 05-200, came into effect on May 25, 2005, and is being implemented in stages. The first stage represented the Downtown Zones. The second stage brought forward the Open Space and Parks Zones and the third stage brought forward the Institutional Zones. In February 2007, the first Industrial Zone, Research and Development (M1) Zone, applicable only to the West Hamilton Innovation District (WHID), was approved by Council and represented the start of the fourth stage of the new By-law. The Zoning By-law Reform team has now completed the remainder of the Industrial Zones. The intent of the new Zoning By-law is to be a “living document”, which is flexible, user friendly and responsive to the needs of industry and the community. The new Industrial Zones establish a consistent approach to the management of the City’s employment areas. In developing the zones, staff conducted extensive background research in order to help shape the direction of Industrial Zoning within the new Comprehensive Zoning By-law. Existing planning legislation, including the Provincial Policy Statement (PPS) and the Grow Growth Plan for the Greater Golden Horseshoe (the Growth Plan), existing Zoning By-laws, other municipal Zoning By-laws, existing site specific zoning as




well as the City’s Economic Development Strategy and current trends in industrial development were evaluated in the development of the new Industrial Zones. The former Municipal Zoning By-laws permitted a wide range of uses within an employment area, from very specific types of manufacturing uses defined by Standard Industrial Classification (SIC) codes to commercial recreational uses (e.g. Gymnastics Studio) to large-format retail uses to institutional uses (e.g. Place of Worship). Recent changes to Provincial legislation, which place an emphasis on the preservation of employment areas for employment uses, requires a shift in municipal planning for these areas. Under the Growth Plan, municipalities are required to plan for, protect and preserve employment areas for current and future uses. The Growth Plan makes the distinction between what are considered to be appropriate uses within an employment area (industrial uses) and those which are not (non-industrial uses), for the purpose of conversion. The Growth Plan does not support the conversion of employment areas to non-employment uses (i.e. commercial, institutional or residential uses) outside of a municipal comprehensive review. It is important to note that ancillary commercial uses (such as a financial establishment or a restaurant) which primarily support employment areas are permitted through the Growth Plan. Therefore, the uses permitted within the existing Municipal Zoning By-laws must be scoped to permit a range of employment uses, and remove the as-of-right permissions for major retail, commercial and institutional uses to locate in employment areas. In developing the new Industrial Zones, staff also conducted a number of site visits in order to better understand the existing character of the City’s employment areas and to see how the new zones would be applied. The new Urban Hamilton Official Plan was adopted by City Council on July 9, 2009. The Employment Area policies within the Plan seek to preserve employment areas for employment uses, minimize land use conflicts between industrial uses and sensitive land uses and to provide for enhanced design on lands adjacent to major expressways, arterial roads and sensitive land uses. Employment uses include: manufacturing, warehousing, equipment repair and service, and other uses which have the potential to impact surrounding land uses (such as residential) through noise, odour, scale/intensity of use, truck traffic, and outdoor storage requirements and which must be appropriately setback from sensitive land uses. Examples of non-employment uses include: commercial recreation facilities, dance studios, places of worship and major retail establishments, which do not have the same impacts on adjacent land uses, and therefore do not require a separation from sensitive land uses. The new Industrial Zones implement the policy direction of the new Official Plan, and are applicable to the lands designated as Business Park or Industrial Land on the land use schedule. The Airport Employment Growth District (AEGD), inclusive of the Airport Business Park, and the Hamilton Port Authority lands are not subject to the new Industrial Zoning. As the Secondary Plan for the AEGD is brought forward, zoning will be included at that time. Further discussions are being held with the Port Authority regarding appropriate zoning for lands under their ownership.




Although the new Industrial Zones implement the policy direction of the Urban Hamilton Official Plan, they are also more restrictive than the existing policy framework of the existing Official Plans of the former municipalities in terms of restricting non-industrial uses. As such, the new zones can be approved, with only minor amendments to the Industrial policies of the existing Official Plans. The purpose of the Official Plan Amendments, attached to Report PED09260(a) as Appendix “A” are to scope the range of permitted uses within an employment area to be in conformity with Provincial policies and to permit outdoor storage and outdoor assembly when accessory to a primary use. In some instances, minor changes are also proposed to the mapping in order to reflect the proposed zoning for the site, which is in keeping with the new Official Plan designations as well. POLICY IMPLICATIONS Provincial Policy Statement The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. The Planning Act requires that, in exercising any authority that affects planning matters, planning authorities shall be consistent with policy statements issues under this Act. Policy 1.1.1 states: “Healthy, liveable and safe communities are sustained by: a) promoting efficient development and land use patterns which sustain the financial

well-being of the Province and municipalities over the long term; b) accommodating an appropriate range and mix of residential, employment

(including industrial, commercial and institutional uses), recreational and open space uses to meet long-term goals;”

Policy 1.3.1 (Employment Areas) states: “Planning authorities shall promote economic development and competitiveness by: a) providing for an appropriate mix and range of employment uses (including

industrial, commercial and institutional uses) to meet long-term needs; b) providing opportunities for a diversified economic base, including maintaining a

range and choice of suitable sites for employment uses which support a wide range of economic activities and ancillary uses, and take into account the needs of existing and future businesses;

c) planning for, protecting and preserving employment areas for current and future uses; and,

d) ensuring the necessary infrastructure is provided to support current and projected needs.”




The PPS defines employment area as follows: “means those areas designated in an official plan for clusters of business and economic activities including, but not limited to, manufacturing, warehousing, offices and associated retail and ancillary facilities.” As discussed in this Report, the new Industrial Zones permit a range of employment uses within areas designated for such purposes under the Official Plan. The permitted uses, including a range of manufacturing activities, warehousing, office, service and repair facilities and other employment-type uses, will create the opportunities to attract new investment to the City, which will, in turn, contribute to increasing the industrial tax assessment base for the City. By permitting a focussed range of supportive commercial uses within the new Industrial Zones, the lands designated as Employment Area within the Official Plan will be maintained over the long-term. The new Industrial Zones also contain regulations (i.e. prohibited uses and required setbacks) that will contribute to enhanced compatibility between industrial uses and sensitive land uses as well as promoting a better standard of urban design. The new Industrial Zones are consistent with the policies of the PPS, which requires that municipalities plan for, protect and preserve employment areas for current and future uses. Places to Grow Growth Plan The Places to Grow Growth Plan (the Growth Plan) provides policy direction for municipalities within the Greater Golden Horseshoe to build healthy, balanced and complete communities. The Places to Grow Act requires that all decisions under the Planning Act conform to the Growth Plan. The Growth Plan contains policy directions that seek to preserve employment areas for future economic opportunities. Policy 2.2.2 Managing Growth states: “f) ensuring the availability of sufficient land for employment to accommodate

forecasted growth to support the Greater Golden Horseshoe’s economic competitiveness;”

Section 2.2.6 Employment Lands states, among other things, the following: “1. An adequate supply of lands providing locations for a variety of appropriate

employment uses will be maintained to accommodate the growth forecasts. 2. Municipalities will promote economic development and competitiveness by –

a) providing for an appropriate mix of employment uses including industrial, commercial and institutional uses to meet long-term needs;




b) providing opportunities for a diversified economic base, including maintaining a range of choice of suitable sites for employment uses which support a wide range of economic activities and ancillary uses, and take into account the needs of existing and future businesses;

c) planning for, protecting and preserving employment areas for current and future uses;

5. Municipalities may permit conversion of lands within employment areas, to non-

employment uses, only through a municipal comprehensive review… For the purposes of this policy major retail uses are considered non-employment uses.”

The Growth Plan defines employment area in the same way as the PPS (identified in the section above). Employment Areas are those lands designated as such within an Official Plan, and whose primary focus is on providing lands for industrial activities. Policy 2.2.6.2 c) explicitly states that municipalities must plan for, protect and preserve employment areas for current and future uses, and that for the purposes of employment areas, major retail uses are not considered employment uses (Policy 2.2.6.5). This Report deals with the development of new Industrial Zones that are applied to designated Employment Areas (in the Official Plan), and thus, prohibit institutional uses and restrict the range of commercial uses permitted within the zones. The new Industrial Zones are consistent with the policies of the Growth Plan, which requires that municipalities plan for, protect and preserve employment areas for current and future uses. Urban Hamilton Official Plan The new Urban Hamilton Official Plan was adopted by City Council on July 9, 2009, and is awaiting approval from the Ministry of Municipal Affairs and Housing. The goal of the new Official Plan is to establish compact, complete communities where citizens can live, work, shop, play and learn. One component of achieving this goal is through the designation and maintenance of an adequate supply of zoned and serviced employment area land. The goals of the new Employment Area policies are to: • Protect Employment Area designations from non-employment functions; • Minimize land use conflicts between heavy industrial uses and sensitive land uses;

and, • Provide for enhanced design to ensure compatibility for areas adjacent to major

expressways, arterial roads and sensitive land uses. The new Industrial Zones, as discussed in this Report, permit a wide range of employment uses, within areas designated for such purposes under the Official Plan. The permitted uses include a range of manufacturing activities and other uses which require separation from sensitive land uses due to their operational characteristics, and potential to impact adjacent land uses by way of noise, dust, odour, scale/intensity of




use, processes or materials involved. Limited ancillary commercial uses are also permitted in the Business Parks (through the M4 Zone) and the Industrial Areas (through the M5 and M6 Zones). The new Industrial Zones implement the policies of the Urban Hamilton Official Plan. Existing Municipal Official Plans The Regional Municipality of Hamilton-Wentworth Official Plan, and the Official Plans for each of the former municipalities, all contain policies respecting Industrial uses within the City’s existing business parks or older industrial areas. In order to implement the new Industrial Zones, minor amendments are required to each of the existing Official Plans. These amendments are technical in nature, and the overall intent of the policies are maintained. However, where there are discrepancies between the Official Plan policies and Provincial policy directions, amendments are proposed in order to bring the Official Plan policies into conformity with Provincial legislation. This conformity relates primarily to the range of uses permitted within an employment area. As discussed in this report, unrestricted commercial uses, commercial recreation uses and institutional uses are no longer appropriate uses within an industrial area. The following is a summary of the proposed amendments: Range of Permitted Uses • Existing policies outlining the range of permitted uses are being deleted and

replaced with the range of uses permitted through the Council adopted Urban Hamilton Official Plan;

Prohibited Uses • A policy prohibiting major retail and residential uses from locating in employment

areas is being added, consistent with the Council adopted Urban Hamilton Official Plan;

Office Uses • A policy respecting the function, scale and type of office permitted within an

employment area is being added, consistent with the Council adopted Urban Hamilton Official Plan;

Retail Uses • A policy limiting the size and function of retail establishments within an employment

area is being added, consistent with the Council adopted Urban Hamilton Official Plan;

Ancillary Uses • A policy restricting the location of ancillary uses is being added, consistent with the

Council adopted Urban Hamilton Official Plan; and,




Additional Wording Changes • Minor wording changes are proposed to existing policies in order to permit activities

generally associated with industrial uses (e.g. outdoor storage), consistent with the direction provided in the Council adopted Urban Hamilton Official Plan.

The amendments will bring the existing Industrial policies into conformity with the Growth Plan, and will allow the implementation of the new Industrial Zones, in order to bring industrial zoning into conformity with Provincial legislation as well. RELEVANT CONSULTATION Background The new Industrial Zones have been in development since 2006. In June 2006, a letter was sent to all industrial property owners notifying them of the commencement of the industrial zoning study and asking for their participation. This was followed up with a series of Public Information Centres held in February 2007, designed to gather information on the issues that property owners and community members felt should be addressed through this study. In March 2008, a presentation was made to the Chamber of Commerce and the Industrial, Commercial and Investments (ICI) Real Estate Brokers to discuss the direction for the City’s new Employment Area Official Plan policies. New Official Plan policies were drafted and Report PED08146 (Item 4.1 of Report 08-013) was brought to Planning Committee on June 23, 2008 requesting authorization to begin consultation with the public and stakeholders. Two Open Houses were held in September 2008 in which the new Official Plan policies were presented for comment. Follow-up consultation with the ICI Brokers and the Chamber of Commerce occurred in October 2008 and December 2008 respectively. The new Official Plan policies were presented to Economic Development and Planning Committee on November 27, 2008 through Report PED08146(a) (Item 6.3 of Report 08-023) and were subsequently endorsed by Council. As part of Report PED08146(a), a draft of the new Industrial Zones were attached as Appendix “D”. In January 2009, a revised draft of the new Industrial Zones were presented at seven (7) Public Information Centres held in conjunction with the new Urban Hamilton Official Plan. In February 2009, staff met with the Departmental Management Team (DMT) to review the new Zones and address any issues. Following from that meeting, staff made presentation to Development Planning staff and Building Engineering and Zoning staff in order to outline the intent of the new Industrial Zones and to get comments from the staff who would be using and interpreting the new regulations. Staff also met with and had several discussions with the Economic Development and Real Estate Division and the Industrial Parks and Airport Development Division to discuss the new zones and




how they addressed emerging trends in industrial development through the proposed regulations and permitted uses. The following Departments had no comments or objections respecting the new Industrial Zones: • Public Works Department, Environmental Planning Section • Public Works Department, Landscape Architectural Services Section • Public Works Department, Traffic Engineering and Operations Section • Public Works Department, Transportation, Energy and Facilities Division, Transit

Section (HSR) • Corporate Services Department, Legal Services Division • Public Health Services, Healthy Living Division The following Departments submitted comments respecting the new Industrial zones: Public Works Department, Strategic Planning and Rapid Transit Section: Comments from the Strategic Planning and Rapid Transit Section indicated that they do not object to the new Industrial Zones, however, they did indicate that within the Stoney Creek Business Park there are many active studies currently underway, three of which include: Stoney Creek and Battlefield Creek Flood and Erosion Study; Watercourses 5 and 6 Class Environmental Assessment Study; and, SCUBE West Subwatershed Study. A brief description was given for each study. Staff note that these studies do not currently affect the zoning proposed for this Business Park. Following the completion of these studies, additional changes may be required to properties where there are natural hazard features identified, after which a Conservation/Hazard Land (P5) Zone will be applied where appropriate. Public Works Department, Infrastructure and Source Water Planning Section: Comments from the Infrastructure and Source Water Planning Section indicated that they do not object to the new Industrial Zones; however, they do have concerns regarding the adequacy of sanitary and water services available to future industrial development. In their comments, staff from Public Works recommended that Section 4.22: Adequate Services within the General Provisions Section of Zoning By-law 05-200 be amended to require proponents to provide the City with a Water Usage and Wastewater Generation Assessment for all Industrial, Commercial or Institutional (ICI) lands or mixed-use lands contemplated for development or redevelopment. This assessment is required in order to be more certain of the loading (which may be additional or reduced from the existing




tion

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land use) on the City system for the proposed development or redevelopment and hence to be able to more precisely determine the adequacy of services available. Staff note that existing procedures within the Planning and Economic Development Department and regulations within the Comprehensive Zoning By-law are in place to address the comments from Public Works. Specifically, Section 4.22: Adequate Services within Zoning By-law 05-200 requires that prior to development, or occupation within an existing building, adequate watermains, storm and sanitary sewer systems are existing or have been provided for in a binding and secured development agreement and all regulatory approvals have been received to the satisfaction of the General Manager of Planning and Economic Development and/or his or her designate. Moreover, all industrial development is subject to site plan approval and at the time of site plan approval, all servicing requirements can be provided. In relation to the Water Usage and Wastewater Generation Assessment, Development Engineering staff have been asking for this assessment either at the rezoning stage and/or when an application is made for site plan approval. The following Agencies had no comments or objections respecting the new Industrial Zones: • Grand River Conservation Authority • Niagara Peninsula Conservation Authority • Conservation Halton • Ministry of the Environment • Ministry of Natural Resources • Ministry of Transportation • Niagara Escarpment Commission • Rogers Wireless Inc. • Bell Mobility Inc. • TELUS Mobility

Bell Canada • • Cogeco Cable Solutions • Enbridge Pipelines Inc. • Horizon Utilities Corpora• Mountain Cablevision Limited• Source Cable and Wireless • Sun Canadian Pipeline • Union Gas Ltd. • Canadian Pacific R




The following Agencies submitted comments respecting the new Industrial Zones: Trans-Northern Pipelines Inc.: Comments from Trans-Northern Pipelines Inc. indicated that they have no comment on the new Industrial Zones. In their correspondence, they note that the former Hamilton Meter Station Site at 1400 Burlington Street East was abandoned in 1996 and indicate that they reserve the right, pursuant to the National energy Board Act to re-establish facilities at this site, to be operated in the public convenience and necessity. Staff note that this would be considered a Public Use under Zoning By-law 05-200 and would be permitted. Hamilton Region Conservation Authority Comments from Hamilton Region Conservation Authority indicated they had no comment on the new Industrial Zones, but did request a few wording amendments to the proposed General Provision 4.24 in the Zoning By-law respecting the Conservation Authority Generic Regulation Areas and the correct terminology as it relates to their jurisdiction. Staff have amended General Provision 4.24 in order to remove the term “Generic” from the term “Conservation Authority Regulation Area” in order to reflect the proper term for the CA’s jurisdiction around natural features. A second change was made to the provision to provide further clarification that prior to development or site alteration that property owners are advised to contact the appropriate Conservation Authority in order to determine if any additional approvals are required (beyond those required by the City of Hamilton). Canadian National Railway Properties Inc.: Comments from Canadian National Railway Properties Inc. indicate that they do not object to the new Industrial Zones, however, they do have concerns regarding the rezoning of the existing Parkdale Yard within the Bayfront Industrial Area and the proposed zoning for the Stuart Street Yard (within the Setting Sail Secondary Plan area). In their submission, CN staff note that: “although CN has rail rights-of-way in several of the zones (though not specifically zoned as such), our Parkdale Yard (between Kenilworth and Parkdale), currently zoned K Heavy Industrial is shown as a new M6 Light Industrial Zone. While the zoning may not make much difference to federally regulated railway operations, it will be misleading to planners and developers of surrounding properties that might assume the operations and industrial impacts of the




yard will be similar to those permitted in an M6 Zone, when in fact, they will most certainly be completely unrestricted and more in line with heavy industry characteristics of the K zone or at least the less restrictive new M5 zone. A search through Schedule C: Special Exceptions, failed to identify any permitted exception for railway operations, minimally including rail car marshalling and repair, bulk transfer operations between truck and rail, outside storage and potentially all activities that might be associated with a waste management or transfer facility should the opportunity arise”. CN also notes that General Provision 4.23(b) regarding setbacks for buildings and structures within a Residential or Intuitional Zone from a railway right-of-way is appropriate. Staff met with representatives from CN in order to discuss how the Parkdale Yard is currently used and to work with CN staff to find an appropriate solution on how the yard should be recognized through the Zoning By-law. Staff have proposed to CN that the site be zoned General Industrial (M5) with a Special Exception applied to the property in order to limit the uses on the yard to only those directly related to the railway. This will provide the necessary “red flag” to land owners within proximity to the yard that there are potentially significant impacts associated with this use. CN has agreed to this proposal. In terms of zoning for the Stuart Street Yard, because it is located within the Setting Sail Secondary Plan area, which is still under appeal at the Ontario Municipal Board, no new zoning can be applied to it until such time as a settlement has been reached or a decision by the Board has been issued. The following Organizations had no comments or objections respecting the new Industrial Zones: • Stoney Creek Chamber of Commerce • Flamborough Chamber of Commerce • Industrial, Commercial & Investments (IC&I) Real Estate Brokers C/O Realtors

Association of Hamilton-Burlington • Hamilton-Halton Home Builders’ Association The following Organization submitted comments respecting the new Industrial Zones: Hamilton Chamber of Commerce: Comments from the Hamilton Chamber of Commerce indicate that they do not object to the new Industrial Zones, however, they did raise concerns related to three main issues: Consultation Process, Size Restriction on Office Use and Range of Permitted Uses. The Chamber indicated they were concerned about how information regarding this new document is being disseminated among the public. They suggested that there should be some mechanism whereby the City can notify individual owners of changes to the




zoning that affect their property, particularly in instances where existing development rights are proposed to be deleted. The second issue related to restrictions on office space. The Chamber feels that office uses are an important part of any employment area and should not be limited in any fashion beyond the already overly restrictive policies imposed upon the City by the Province. It would be the preference of the Chamber not to have any restrictions on office uses. However, if restrictions are required, it is recommended that the limitation imposed by the Growth Plan of 10,000 square metres be included in the By-law for those zones where office uses are permitted. Finally, the Chamber is opposed to any change that would take away existing development rights from owners of employment lands. This could affect the ability of existing uses to properly expand within their property. It may also encourage potential new investors to seek locations outside the municipality where restrictions are less onerous. Staff provided a detailed response back to the Chamber respecting their comments. • Consultation: staff have made every effort to notify and engage property owners,

members of the public and local businesses in this project. Methods of consultation included uploading all of the draft zoning material to the Zoning By-law Reform website, a mail out to all owners of industrially zoned properties within the City of Hamilton, three separate Public Information Centres held throughout the City and meetings with property owners on a one-to-one basis in order to identify and address any concerns. In an attempt to better engage the community, our consultation process exceeds the minimum requirements established in the Planning Act and has provided a variety of opportunities for commenting on the new Zones.

• Office Uses: the new Urban Hamilton Official Plan provides policy direction to limit

office uses within the employment areas. To implement this policy, office is permitted within the Industrial Zones in three ways: Industrial Administrative Office and Surveying, Engineering, Planning or Design Businesses are permitted uses within all Industrial Zones and are limited in size to being less than 10,000 square metres. All other forms of office are permitted within the M3, M4, M5 and M6 Zones and are restricted to a maximum gross floor area of 3,000 square metres, increased from staff’s initial proposal of 2,000 square metres at the outset of our public consultation. This limitation was included in order to be in conformity with the Growth Plan, which requires major office development to be directed to our downtown and commercial areas.

• Range of Permitted Uses: the Places to Grow Growth Plan places limits on the

types of uses that can be permitted within an employment area. Other than




employment uses, only “associated retail and ancillary facilities” are permitted by the Growth Plan. The new Urban Hamilton Official Plan states that “ancillary uses which primarily support businesses and employees within the employment area shall also be permitted”. Therefore, unrestricted commercial uses, institutional uses and recreational uses are no longer permitted within employment areas.

Public Consultation for the new Industrial Zones: In October 2009, a mailout was prepared and sent to the owners of all industrially zoned lands (those properties within the limits of lands designated Business Park or Industrial Land under the new Urban Hamilton Official Plan). This mailout, sent to approximately 3,000 properties, consisted of a letter outlining the intent of the new Industrial Zones, the date and times for the Public Information Centres and information on how the property was proposed to be zoned. Also included in the package was a computer CD that contained a draft of the following documents: the new Industrial Zones, Industrial Zone mapping, definitions, general provisions, parking regulations, special exceptions and holding provisions. A copy of Zoning By-law 05-200 was also included on the CD in order to provide some additional context to the information presented. Three Public Information Centres and Statutory Open Houses (under the Planning Act) were held in November 2009. Notice of the Public Information Centres was published in the Hamilton Spectator and in the Hamilton Community News. It is estimated that approximately 150 people were in attendance over the three meetings. Following from the mailout and the PICs, staff received a number of comments on the draft industrial zones through phone, fax, email, comment sheets and through conversations had or comments made at the PICs. In some instances, staff provided clarification to the property owner, and that resolved the issue(s). However, in some instances, one-on-one meetings were arranged with property owners in order to review their property, discuss how the proposed zoning for the property would affect the use or intended use, and to evaluate what the existing zoning permitted. As a result of over 40 one-on-one meetings, staff was either able to provide clarification on the proposed zone(s) and no further change or work was required or, in some instances, modifications were made to the draft zones and associated regulations. For specific properties, Special Exceptions were revised or new Special Exceptions were developed in order to address specific development plans (including regulations), current approvals or the intent to redevelop the property for uses which are no longer permitted within the new zones. These changes were done as a means of recognizing the investment that had been made both into the property and the City of Hamilton. Appendix “C”, attached to Report PED09260(a) provides a summary of the action(s) taken as a result of our one-on-one meetings with property owners.




In advance of the formal Public Meeting, all interested parties, including those who had contacted staff regarding the mailout or who attended the PICs were notified of the date and time for the Public Meeting. In addition, Notice of the Public Meeting was given in accordance with the requirements of the Planning Act. ANALYSIS / RATIONALE FOR RECOMMENDATION (include Performance Measurement/Benchmarking Data, if applicable) The new Industrial Zones take their direction from the Provincial Policy Statement and Growth Plan for the Greater Golden Horseshoe, and implement the Employment Area policies contained within the City’s new Urban Hamilton Official Plan. The Official Plan Amendments to the existing municipal Official Plans will bring the existing Industrial Policies into conformity with Provincial legislation and allow for implementation of the new Industrial Zones prior to the new Urban Hamilton Official Plan coming into effect. The new Industrial Zones provide for a range of employment-type uses, permit limited support commercial uses where appropriate, and establish clear and consistent regulations for these uses throughout the City’s existing employment areas. 1.0 Application of the New Industrial Zones and Associated Zone Mapping The new Industrial Zones have been applied to the areas designated as Employment Areas within the new Urban Hamilton Official Plan. In some instances, this is a variation from the existing areas designated in the Official Plans, a result of the conversion analysis completed as part of the new Official Plan. In general terms, the interior of an employment area will allow for a wide range of employment uses, while the exterior of an employment area will permit a lighter range of industrial uses and transitional uses. This approach was developed in order to promote enhanced compatibility between employment areas and adjacent sensitive land uses, and is based on the general direction provided within the Ministry of the Environment’s D-6 Guidelines “Compatibility Between Industrial Facilities and Sensitive Land Uses”. The D-6 Guidelines provide direction within the land use planning process to prevent or minimize future land use problems due to the encroachment of sensitive land uses and industrial land uses on one another. This is achieved through the establishment of recommended minimum separation distances for different classes of industrial uses or activities. The five new Industrial zones proposed are generally applied and characterized as follows: Business Park Zones • General Business Park (M2) Zone – Interior of the Business Parks, providing a

wide range of Industrial uses and prohibits noxious uses except as accessory to a primary industrial use.




• Prestige Business Park (M3) Zone – Exterior of the Business Parks, requiring higher design standards and prohibits noxious uses even as accessory to a primary industrial use.

• Business Park Support (M4) Zone – Applied in the same way as the M3 Zone

and permits the same range of uses, but also permits a limited range of commercial uses that support the businesses and employees of the Business Park. Noxious uses are prohibited even as accessory to a primary industrial use.

Change(s) Made Based on Consultation Based on the strategic role that the newly named Red Hill Business Park (formerly known as the East Mountain Business Park and North Glanbrook Business Park) will play in attracting industrial development to the City, the zoning applicable to the park is amended from the General Business Park (M2) Zone on the interior and the Prestige Business Park (M3) Zone and Business Park Support (M4) Zone on the exterior to all Prestige Business Park (M3) Zone, with the exception of lands currently proposed to be zoned M4 along Upper Ottawa Street. This change is recommended based on the strategic role that the City desires in focussing economic development efforts within the Red Hill Business Park on clean, environmentally friendly and compatible uses which will serve to promote and realize the emerging food and beverage economic cluster. Industrial Land Zones • General Industrial (M5) Zone – Interior of the Bayfront Industrial Area, providing

for the widest range of industrial uses without restriction of prohibited uses related to manufacturing.

• Light Industrial (M6) Zone – Exterior of the Bayfront Industrial Area and older

Industrial Areas, providing for a range of industrial uses and transitional uses. Provides a buffer between residential and industrial uses. Noxious uses are prohibited even as accessory to a primary industrial use.

1.1 Permitted Uses The new Industrial Zones permit a wide range of employment-type uses. However, in comparison to the uses contained within the existing Municipal Zoning By-laws, the list of permitted uses is significantly shorter. This is due to the development of uses and definitions which are designed to be more inclusive, flexible and which broaden the scope of the permitted use with the intent of removing obstacles to new development. The following permitted uses are worth highlighting for how they are proposed to be defined and interpreted through Zoning By-law 05-200.




Manufacturing Shall mean the production, fabrication, compounding, processing, packaging, crafting, bottling, packing, recycling or assembling of raw, semi-processed or fully-processed goods or materials, and shall include but not be limited to a Biotechnological Establishment, Computer, Electronic and Data Processing Establishment, Pharmaceutical and Medical Establishment, Printing Establishment and/or a Science and Technology Establishment. Manufacturing may also include a Private Power Generation Facility as an accessory use, but shall not include a Waste Management Facility.

This new approach of having a broad definition should reduce issues of interpreting how a use may fit within the old zoning terminology and reduce the number of site specific zonings where specific manufacturing activities are added as a permitted use on a specific property. Therefore, any operation that involves the types of activities included within the definition would be interpreted as a Manufacturing use. For example, a bottling operation or a cabinet maker would both be considered Manufacturing uses. Building and Lumber Supply Establishment

Shall mean the use of land, building or structure, or part thereof, for a retail store predominantly selling a combination of lumber and a wide range of building and home decorating supplies along with ancillary sales of construction tools, gardening products and home design products.

Building or Contracting Supply Establishment

Shall mean the use of land, building or structure, or part thereof, in which building, construction or home improvement materials are warehoused and which may include accessory retail.

While these are new terms, they are uses which have traditionally been associated with industrial areas. With time, these uses have evolved, and now most include some retail-commercial aspects inherent in the operation. The Building and Lumber Supply Establishment use permits small scale lumber yards through to large-format retailers that sell lumber. The Building or Contracting Supply Establishment will accommodate the varied tile, carpet and lighting uses which primarily cater to contractors but are also open to the public (e.g. Nebo Road in the Red Hill Business Park). Because of their nature, these uses are still considered appropriate within an employment area, based on the types of materials sold and the variety of establishments that may be permitted under these definitions.




Warehouse Shall mean the use of land, building or structure, or part thereof, for the bulk storage and/or distribution of goods to industrial, commercial or institutional business users or other wholesalers, but shall not include the retailing of goods to the general public. A Warehouse shall not include a Waste Management Facility, Salvage Yard or Towing Establishment.

The definition of Warehouse has been altered for the new Zoning By-law to include wholesaling as a component of the use due to the similarities in how each use functions (both require large facilities to store and distribute materials to other businesses). Also included is an explicit prohibition on the retailing of goods to the general public. This distinction was made to avoid large format retail-warehouse establishments from becoming a major-retail use within the employment area. 1.2 New Provincial directions Related to Permitted Uses There has been a shift in the way municipalities must plan for and protect their employment areas. New Provincial policies, implemented through the new Urban Hamilton Official Plan and in the Official Plan Amendments attached to Report PED09260(a) as Appendix “A”, require that employment areas be preserved for employment or industrial uses; however, ancillary commercial uses which primarily serve the employees or businesses may be permitted. Although the existing Industrial Zones within the former Municipal Zoning By-laws primarily permitted industrial and employment-type uses, the range and type of commercial uses that were also permitted went beyond supporting the needs of employees or businesses within an employment area and would no longer be permitted by Provincial policies, and as such must be restricted within the new Zoning By-law. 1.2.1 Retail uses (i.e. furniture and appliance retailers, electronics retailers, etc.) During our consultation process, some concerns were raised by property owners over the down-zoning of their property respecting the loss of commercial rights (this is particularly evident in the Bayfront Industrial Area where the existing “K” District allowed for all forms of commercial activity). Because of changes to Provincial policies, the range of commercial uses currently permitted within the Industrial Zones of the former Municipal Zoning By-laws is no longer appropriate. However, Provincial legislation does allow municipalities to permit limited commercial uses within an employment area. The new Urban Hamilton Official Plan and the amendments to the existing Official Plan policies of the former municipalities only allow for ancillary commercial uses within an employment area, limited to supporting the businesses and employees of the employment area. The Business Park Support (M4) Zone and the Light Industrial (M6) Zone are the two new Industrial zones that permit limited ancillary commercial uses.




1.2.2 Commercial Recreation uses (i.e. gymnastics studios, dance studios, children’s play places, climbing walls).

During our consultation process, there was considerable discussion regarding commercial recreation uses within the employment areas. In the past, employment areas have been a preferred location for these uses, due primarily to the size and scale of buildings constructed within an employment area (i.e. increased ceiling heights), but having no relationship to the businesses or employees of the employment area. With recent changes to Provincial policies and the new Employment Area policies in the Urban Hamilton Official Plan, the existing Official Plan policies are being amended to remove this use. As such, the new Industrial Zones can no longer permit commercial recreation uses as-of-right in an employment area. Staff have had discussions with the Ministry of Municipal Affairs and Housing related to these uses, outlining the building-specific reasons why these uses were generally accommodated within employment areas. However, Ministry staff have confirmed that these uses are not appropriate within an employment area. In the context of the new Industrial Zones, some existing commercial recreation uses have been recognized through a special exception. This site specific recognition was based on direct contact and discussions with the property owner, agent and/or existing lessee. 1.2.3 Place of Worship Within the former City of Hamilton Zoning By-law, a Place of Worship was a use unrestricted in any zone, including the Industrial Districts and as such many of the employment areas within the former City of Hamilton have Places of Worship. Similar to the discussion above respecting commercial recreation facilities, institutional uses are no longer appropriate uses within an employment area according to Provincial policy directions. Where Places of Worship exist within the employment areas, Special Exceptions have been created to recognize these existing circumstances, but do not allow for any expansion to existing sites or the establishment of any new facilities. 1.2.4 Outdoor Storage and Outdoor Assembly Outdoor storage and outdoor assembly are seen as essential components to an industrial area, and for Hamilton, is a competitive advantage that our employment areas have over other municipalities. However, some concerns were raised respecting the potential for an entire lot to be developed and used for outside storage, and the potential for adverse impacts associated with that. In order to address this issue, the Industrial Zones were amended to add a provision restricting outdoor storage and outdoor assembly to a maximum lot coverage of 85%. This limitation was added in order to maintain Hamilton’s competitive advantage respecting the permission for outdoor storage, but to also reduce the potential effects that this component of an industrial use can have on adjacent properties (e.g. through dust dispersion). In respect to Outdoor Storage and Outdoor Assembly, the new Industrial Zones also regulate the




location for this activity and require enhanced screening, particularly along prominent locations adjacent to Highways or on the exterior of an employment area. Change(s) Made Based on Consultation A change was made to the Salvage Yard definition: • Based on meetings with several property owners operating Salvage Yards within

Hamilton, the definition was amended to include “processing” and “recycling” as components of the use. Clarification was also made that a Motor Vehicle Wrecking Establishment was considered a component of this use;

• With the addition of “processing” and “recycling”, clarification was made within the definition that a Waste Management Facility is not a Salvage Yard;

• The intent behind these changes is to provide a more comprehensive definition of the types of activities commonly associated with a Salvage Yard, and to ensure that a Waste Management Facility cannot be considered a Salvage Yard by definition.

New definition for Building and Lumber Supply Establishment was included: • Definition was included as this was a new use permitted in all Industrial Zones, and

distinguishes itself from Building and Contracting Supply Establishment; • Definition is consistent with that contained in the new Urban Hamilton Official Plan. A change was made to the Building or Contracting Supply Establishment definition: • Definition was amended to permit only accessory retail; • Definition is consistent with that contained in the new Urban Hamilton Official Plan. Additional Changes to Other Definitions: • Minor changes were made to additional definitions. These changes were minor in

nature and do not change the intent of the definition. In some cases, the changes were made for consistency in how the definitions are worded throughout the Zoning By-law.

1.2 Prohibited Uses 1.2.1 Prohibited Uses Associated with Manufacturing The new Industrial Zones contain a series of prohibited uses related to Manufacturing. Because the definition of Manufacturing is so broad, components of this use need to be restricted due to the potential impact on and proximity to sensitive land uses. Within the M3, M4 (applicable to the exterior of a Business Park) and M6 Zones (applicable to the exterior of the Bayfront and other older Industrial Areas), the prohibited uses were designed to restrict noxious uses from locating in proximity to residential uses, and are prohibited, even as accessory to a permitted manufacturing use. Examples of prohibited uses include: Manufacturing of Asbestos, Phosphate or Sulphur Products;




Processing or Refining of Petroleum or Coal; and, Smelting of Ore or Metal. Within these Zones, the types of manufacturing uses are prohibited, even as accessory uses. Within the M2 Zone (applicable to the interior of a Business Park with the exception of the Red Hill Business Park), the types of manufacturing uses prohibited are similar to those applicable to the exterior of an employment area, however, they are permitted only if considered accessory to another permitted manufacturing use. This approach prohibits noxious uses as a primary use within the Business Parks as this is not seen as an appropriate location for theses uses. Within the M5 Zone (applicable to the interior of the Bayfront Industrial Area), there are no prohibited uses associated with manufacturing. This zone allows for the widest range of manufacturing activity. Change(s) Made Based on Consultation A change was made to the “Salvage, Recycling or Scrap Yard” prohibited use: • The name was changed to “Salvage Yard” in order to be consistent with the

permitted use; • Use is prohibited in all Industrial Zones, except the M5 Zone. A change was made to the “Smelting or Extruding of Ore or Metal” prohibited use: • The name was changed to “Smelting of Ore or Metal”. The intent behind this

change was to permit the extrusion of metal, a process which can occur with hot or cold metals, and which is commonly associated with Tool and Die manufacturers and other industrial operations. This process is no longer a noxious industrial use due to technological improvements, and would still require approvals through the Ministry of the Environment related to air and noise emissions.

• Change was made based on consultation with a variety of local manufacturers and on comments received from property owners.

• Use is prohibited in all Industrial Zones, except the M5 Zone. 1.2.2 Uses Prohibited in All Zones, Even as Accessory In all Zones, a Dwelling Unit has been prohibited. This is due to the fact that the introduction of a sensitive land use can have significant impacts on the range of employment uses permitted within an employment area. This is a departure from the existing Municipal Zoning By-laws which, in some instances, permit an accessory dwelling unit for janitorial or security staff. Change(s) Made Based on Consultation A change was made by adding Day Nursery as a Prohibited Use:




• Use was added because a Day Nursery is considered to be a sensitive land use. Provincial regulations for this use require that outdoor amenity space be provided for day nurseries, the result of which can have significant impacts on the range of Employment uses permitted within a business park;

• This use has been prohibited, even as accessory, in all Industrial Zones. A change was made by adding Place of Worship as a Prohibited Use: • Use was added because a Place of Worship is considered a non-employment use.

Both the PPS and the Growth Plan require municipalities to preserve employment areas for employment uses, and a Place of Worship is not considered an appropriate employment use.

• This use has been prohibited, even as accessory, in all Industrial Zones that permit a Conference or Convention Centre (M3, M4 and M6 Zones) in order to ensure these facilities are not rented out or operated on a long-term basis as a Place of Worship.

2.0 Business Park Zones As noted in Section 1.0 above, there are three new Business Park Zones: General Business Park (M2) Zone, Prestige Business Park (M3) Zone and Business Park Support (M4) Zone. The permitted uses, prohibited uses and performance standards were developed based on the existing character of the Business Parks and the potential impact of uses to surrounding land uses. The new zones are in conformity with the new Urban Hamilton Official Plan policies and Provincial legislation. In order to implement the new zones immediately, minor amendments are required to the existing Official Plans. These amendments will bring the Official Plans into conformity with Provincial legislation and allow for the new zones to come into effect, prior to the new Urban Hamilton Official Plan being approved. 2.1 The General Business Park (M2) Zone allows for a variety of employment uses, including heavier industrial activities, and is applied to the interior of the City’s existing Business Parks, with the exception of the Red Hill Business Park. The performance standards were developed to allow for greater flexibility for new development on a site without being overly restrictive in order to remove obstacles to encourage new development. Minimum urban design standards are required, including providing for landscaping abutting a street and screening for outdoor storage and assembly areas. Within this zone, the prohibited uses associated with manufacturing are prohibited except if accessory to a permitted primary manufacturing use. Finally, based on recent approvals by Council, Waste Processing Facilities and Waste Transfer Facilities are permitted uses within this zone, subject to a minimum 300 metre setback from residentially or institutionally zoned properties.




Change(s) Made Based on Consultation The following uses were added as Permitted Uses to the M2 Zone: • Animal Shelter – components of the use, including noise from the animals, can

have an impact on neighbourhoods, and it is not a use that is widely permitted within commercial areas, with the exception of Arterial Commercial;

• Building and Lumber Supply Establishment – to be consistent with the new Urban Hamilton Official Plan which permits this use within the employment areas, subject to design criteria related to outside storage;

• Courier Establishment – added as a stand alone use, rather than interpreted as a component of a Warehouse or Transportation Depot (which is not a permitted use in all zones);

• Laboratory – added as a stand alone use, rather than interpreted as a component of a Research and Development Establishment or of another use permitted under the definition of Manufacturing; and,

• Repair Service – added as a stand along use to accommodate the service and repair of smaller items, including appliances.

A change was made to the Landscaped Area regulation: • Regulation still requires a minimum 3 metre wide landscaped area abutting a street.

However, where a parking area is located in a yard abutting a street, a 3 metre wide planting strip is required. The intent behind this addition was to screen the parking area and to create a higher design standard for properties within the Business Park when viewed from a street

A change was made to the Location and Screening of Outdoor Storage and Outdoor Assembly regulation: • Regulation was amended to limit the amount of outdoor storage and outdoor

assembly on a lot to 85% of the total lot area. A change was made to Location and Size of Outdoor Display regulation: • Regulation was amended to permit outdoor display within a yard abutting a street,

subject to being setback a minimum of 3 metres from the lot line. 2.2 The Prestige Business Park (M3) Zone is applied to the exterior of a Business Park, along major arterial roads, and the entirety of the Red Hill Business Park with higher urban design standards. In this zone, buildings are required to be brought forward to the property line through the establishment of minimum and maximum setbacks and larger required landscaped areas. The M3 Zone allows for a range of industrial uses including manufacturing, research and development, limited office and uses which help foster the development of a prestige employment area. To maintain the “prestige” image of the M3 zone and to promote compatibility in locations within proximity to residentially designated areas and other sensitive uses, this Zone also has a number of prohibited uses. Because of its location, the M3 Zone functions as a




transition between adjacent residential neighbourhoods outside of the Business Park and the heavier industrial uses permitted on the interior of the park through the M2 Zone. The general depth of the M3 Zone extends approximately 150 metres into the Business Park. Within this zone, regulations were developed to require minimum separation distances between manufacturing uses and sensitive land uses abutting the Business Park. More specifically, this zone establishes the following protections for sensitive land uses: • Minimum Yard Abutting a Residential or Institutional Zone: 6 metres when abutting

a residentially or institutionally zoned lot line; • Maximum Building Height Abutting a Residential or Institutional Zone: 11 metres,

and which may be increased the further a building is setback from the property line; • Location Restriction for Manufacturing Uses: buildings or structures used for

manufacturing must be setback a minimum of 20 metres when abutting a residentially or institutionally zoned lot line;

• Landscaped Area and Planting Strip Requirements: 3 metre wide planting strip required when abutting a residentially or institutionally zoned lot line;

• Visual Barrier: required along that portion of a property lot line abutting a residentially or institutionally zoned property lot line; and,

• Location and Screening of Outdoor Storage and Outdoor Assembly: setback a minimum of 20 metres and screened with a visual barrier when abutting a residentially or institutionally zoned lot line.

Within the Prestige Business Park Zone, a regulation restricting access to Trinity Church Road (existing) has been included. This was done to reflect the status of this road as a local road and not a truck route. Change(s) Made Based on Consultation The following uses were added as Permitted Uses to the M3 Zone: • Building and Lumber Supply Establishment – to be consistent with the new Urban

Hamilton Official Plan which permits this use within the employment areas, subject to design criteria related to outside storage;

• Courier Establishment – added as a stand alone use, rather than interpreted as a component of a Warehouse or Transportation Depot (which is not a permitted use in all zones);

• Laboratory – added as a stand alone use, rather than interpreted as a component of a Research and Development Establishment or of another use permitted under the definition of Manufacturing;

• Motor Vehicle Collisions Repair Establishment – added as a use which is permitted in all industrial zones. Zone Regulations require screening of Outdoor Storage areas; Private • Power Generation – this is not a noxious form of industry and can be permitted in all industrial zones. In addition, if it is a renewable energy facility, the




• of smaller items, including appliances; and,

A Re oor Training Facilities associated with a rade School was added:

ion to the same. Concern related to outdoor training facilities

•

ch

abutting a street, a 3 metre

•

A ch

r display within a yard abutting a street,

new Provincial Green Energy Act removes all local planning authority regarding the use; Repair Service – added as a stand along use to accommodate the service and repair

• Transport Terminal – use serves an important role in good distribution and is an appropriate use within all industrial zones.

gulation respecting the Restriction of Outd

T• Regulation was added following comments made at a Public Information Centre

and a written submisswhich have the potential to cause noise and dust nuisances and the impact this would on the appearance of the Business Park from the street and to adjacent sensitive land uses. Regulation prohibits outdoor training facilities associated with a Trade School within the zone.

• Intent of the regulation is to enhance the appearance of a Business Park, through a prohibition on this component of the use.

A ange was made to the Maximum Gross Floor Area for Office Use:

Regulation was amended to increase the maximum GFA from 2,000 to 3,000 • square metres based on discussions with local developers.

• Efficiency in office development is achieved when floor-plates are developed at approximately 1,000 square metres per floor and for a building to have an elevator, minimum 3 storeys is standard.

• New Official Plan policies leave the size of office to the Zoning By-law to determine.

A change was made to the Landscaped Area regulation: Regulation still requires a minimum 6 metre wide landscaped area abutting a street. •

However, where a parking area is located in a yardwide planting strip is required. The intent behind this addition was to screen the parking area and to create a higher design standard for properties within the Business Park when viewed from a street. Regulation was amended where a property directly abuts a residentially or institutionally zoned property to require a planting strip rather than a landscaped area. The intent behind this change is to provide a more appropriate buffer for the sensitive land use from the industrial use.

ange was made to Location and Size of Outdoor Display regulation: Regulation was amended to permit outdoo• subject to being setback a minimum of 3 metres from the lot line.




change to the Location and Screening of Outdoor Storage and Outdoor Assembly gulation:

tdoor assembly from 70 metres to 20 metres where a property directly abuts

•

2.3

Are• Regulation was amended to reduce the setback requirement for outdoor storage

and oua residentially or institutionally zoned property. The intent is to be consistent with the setback requirement for manufacturing which was only 20 metres. Regulation was amended to limit the amount of outdoor storage and outdoor assembly on a lot to 85% of the total lot area.

The Business Park Support (M4) Zone is a unique zone that is applied at

trategic locations along the exterior of a Business Park, and allows for the same range sof employment uses as that of the M3 Zone, but also permits limited commercial uses which are seen as support uses for employees and businesses within the Business Park. These uses include: restaurants, limited retail, financial establishment and personal services. This zone includes the same regulations and urban design standards as those required in the M3 Zone. Because it is applied in the same way as the M3 Zone, along the exterior of the Business Park, regulations requiring minimum setbacks for manufacturing uses from sensitive land uses have also been included (see 2.2 above, for details). It is not intended that this zone will be widely used in the Business Parks, as many of the existing parks are located in close proximity to commercially designated and zoned lands that serve the same function. For some of the Business Parks, the existing built-form of development (e.g. plazas) and/or existing uses, lent themselves well to being zoned M4. Change(s) Made Based on Consultation The following uses were added as Permitted Uses to the M4 Zone:

Building and Lumber Supply Establishment – to be consistent with the new Urban ment areas, subject

• n Depot (which is not a permitted use

•

•

• Hamilton Official Plan which permits this use within the employto design criteria related to outside storage; Courier Establishment – added as a stand alone use, rather than interpreted as a component of a Warehouse or Transportatioin all zones); Industrial Administrative Office – added as a use within all Industrial Zones as its primary function is the administration of manufacturing operations;

• Laboratory – added as a stand alone use, rather than interpreted as a component of a Research and Development Establishment or of another use permitted under the definition of Manufacturing;

Motor Vehicle Collisions Repair Establishment – added as a use which is permitted in all industrial zones. Zone Regulations require screening of Outdoor Storage areas;

• Private Power Generation – this is not a noxious form of industry and can be permitted in all industrial zones. In addition, if it is a renewable energy facility, the




• aller items, including appliances; and,

A Re oor Training Facilities associated with a rade School was added:

ion to the same. Concern related to outdoor training facilities

•

ch

abutting a street, a 3 metre

•

A ch

r display within a yard abutting a street,

new Provincial Green Energy Act removes all local planning authority regarding the use; and, Repair Service – added as a stand along use to accommodate the service and repair of sm


gulation respecting the Restriction of Outd

T• Regulation was added following comments made at a Public Information Centre

and a written submisswhich have the potential to cause noise and dust nuisances and the impact this would on the appearance of the Business Park from the street and to adjacent sensitive land uses. Regulation prohibits outdoor training facilities associated with a Trade School within the zone.


A ange was made to the Maximum Gross Floor Area for Office Use:

Regulation was amended to increase the maximum GFA from 2,000 to 3,000 • square metres based on discussions with local developers.



A change was made to the Landscaped Area regulation: Regulation still requires a minimum 6 metre wide landscaped area abutting a street. •

However, where a parking area is located in a yardwide planting strip is required. The intent behind this addition was to screen the parking area and to create a higher design standard for properties within the Business Park when viewed from a street. Regulation was amended where a property directly abuts a residentially or institutionally zoned property to require a planting strip rather than a landscaped area. The intent behind this change is to provide a more efficient buffer for the sensitive land use from the industrial use.

ange was made to Location and Size of Outdoor Display regulation: Regulation was amended to permit outdoo• subject to being setback a minimum of 3 metres from the lot line.




change to the Location and Screening of Outdoor Storage and Outdoor Assembly gulation:

tdoor assembly from 70 metres to 20 metres where a property directly abuts

•

3.0

Are• Regulation was amended to reduce the setback requirement for outdoor storage

and oua residentially or institutionally zoned property. The intent is to be consistent with the setback requirement for manufacturing which was only 20 metres. Regulation was amended to limit the amount of outdoor storage and outdoor assembly on a lot to 85% of the total lot area.

Industrial Land Zones

Ther are two Industrial Land e Zones: General Industrial (M5) Zone and Light Industrial

6) Zone. The permitted uses, prohibited uses and zoning regulations were (Mdeveloped based on the historic character of the Industrial Land areas and the potential impact of permitted uses to surrounding neighbourhoods and existing land uses. 3.1 The General Industrial (M5) Zone is the most permissive of the new Industrial

ones, and allows for all forms and types of manufacturing activity. This zone is only Zapplied to the interior of the Bayfront Industrial Area, and replaces the existing “K” (Heavy Industry) District of the former City of Hamilton’s Zoning By-law 6593 (in respect of manufacturing-related uses). In addition to having the widest range of employment-type uses, the M5 Zone has the least restrictive performance standards. This was done to reflect the existing character of the Bayfront Area, and to allow opportunities for the re-use and/or redevelopment on these sites. This zone is well buffered from existing residential areas by the Light Industrial (M6) Zone. Change(s) Made Based on Consultation The following uses were added as Permitted Uses to the M5 Zone:



• n is the administration of manufacturing operations;

•

• Hamilton Official Plan which permits this use within the employto design criteria related to outside storage; Courier Establishment – added as a stand alone use, rather than interpreted as a component of a Warehouse or Transportatioin all zones); Industrial Administrative Office – added as a use within all Industrial Zones as its primary functio

• Laboratory – added as a stand alone use, rather than interpreted as a component of a Research and Development Establishment or of another use permitted under the definition of Manufacturing; and,

Repair Service – added as a stand along use to accommodate the service and repair of smaller items, including appliances.




change was made to the Maximum Gross Floor Area for Office Use: Regulation was amended to increase the maximum GFA from 2,000 to 3,000

•

Regulation amended to require a 3 metre wide planting strip be provided along

ea. The intent behind this change was to

A change was made to add

utd rage and Outdoor Assembly:

A•

square metres based on discussions with local developers. • Efficiency in office development is achieved when floor-plates are developed at

approximately 1,000 square metres per floor and for a building to have an elevator, minimum 3 storeys is standard. New Official Plan policies leave the size of office to the Zoning By-law to determine.

A change was made to the Landscaped Area Abutting a Street regulation: •

Burlington Street and Windemere Road. • This change was made based on consultation with property owners and through

site visits within the Bayfront Industrial Arrequire a planting strip along Burlington Street and Windemere Road which are the gateway entrances to the Bayfront Industrial Area in an attempt to enhance new development along these streets. The requirement was removed from all other streets, where the requirement for landscaping can be evaluated at the Site Plan stage.

a regulation respecting the Location and Screening of oor StoO

• Regulation was amended to limit the amount of outdoor storage and outdoor assembly on a lot to 85% of the total lot area.

3.2 The Light Industrial (M6) Zone is applied as a transitional industrial zone. Within

ayfront Industrial Area, staff were diligent in the implementatthe B ion of the 300 metre

sidential areas at the

separation distance for the general Industrial (M5) Zone from the existing residentially and institutionally designated and zoned areas. In this way, the M5 Zone is flexible in the range of employment uses and minimal performance standards in order to attract and encourage new investment and reinvestment into this area. Within the Bayfront Industrial Area, the M6 Zone buffers heavier industrial activity ermitted within the M5 Zone on the interior with the adjacent rep

southern edge of the employment area. The M6 Zone is also applied to the older industrial areas of Dundas, Glen Road/Tope Crescent in Westdale and the Upper Wellington Street/Hester Street Industrial Area on the Hamilton Mountain. This Zone permits a range of light industrial uses, along with a variety of transitional uses, such as Conference or Convention Centre, Financial Establishment, Hotel, Medical Office and Medical Clinic, Office, Personal Services and Restaurants. These uses were permitted in order to serve the needs of employees and businesses within the employment area and to permit a range of uses which may provide for increased compatibility with land uses surrounding the employment area. Within this zone, regulations were developed to establish a maximum building height and minimum separation distances between Manufacturing uses and sensitive land uses directly abutting the employment area.




Change(s) Made Based on Consultation The following uses were added as Permitted Uses to the M6 Zone:



• n is the administration of manufacturing operations;

permitted under

•

•

•

rerad

•

maximum GFA from 2,000 to 3,000

• Hamilton Official Plan which permits this use within the employto design criteria related to outside storage; Courier Establishment – added as a stand alone use, rather than interpreted as a component of a Warehouse or Transportatioin all zones); Industrial Administrative Office – added as a use within all Industrial Zones as its primary functio

• Laboratory – added as a stand alone use, rather than interpreted as a component of a Research and Development Establishment or of another use the definition of Manufacturing; Motor Vehicle Collisions Repair Establishment – added as a use which is permitted in all industrial zones. Zone Regulations require screening of Outdoor Storage areas; Private Power Generation – this is not a noxious form of industry and can be permitted in all industrial zones. In addition, if it is a renewable energy facility, the new Provincial Green Energy Act removes all local planning authority regarding the use; Repair Service – added as a stand along use to accommodate the service and repair of smaller items, including appliances; and


A gulation respecting the Restriction of Outdoor Training Facilities associated with a

e School was added: T• Regulation was added following comments made at a Public Information Centre

and a written submission to the same. Concern related to outdoor training facilities which have the potential to cause noise and dust nuisances and the impact this would on the appearance of the Business Park from the street and to adjacent sensitive land uses. Regulation prohibits outdoor training facilities associated with a Trade School within the zone.


A change was made to the Maximum Gross Floor Area for Office Use:

Regulation was amended to increase the• square metres based on discussions with local developers.





A ch ed Area regulation:

institutionally zoned property to require a planting strip rather than a landscaped a more efficient buffer for the

A ch• r display within a yard abutting a street,

subject to being setback a minimum of 3 metres from the lot line.

regu

entially or institutionally zoned property. The intent is to be consistent with

•


ange was made to the Landscap• Regulation was amended where a property directly abuts a residentially or

area. The intent behind this change is to provide sensitive land use from the industrial use.

ange was made to Location and Size of Outdoor Display regulation: Regulation was amended to permit outdoo

A change to the Location and Screening of Outdoor Storage and Outdoor Assembly

lation: Regulation was amended to reduce the setback requirement for outdoor storage • and outdoor assembly from 70 metres to 20 metres where a property directly abuts a residthe setback requirement for manufacturing which was only 20 metres. Regulation was amended to limit the amount of outdoor storage and outdoor assembly on a lot to 85% of the total lot area.

4.0 Other Regulations Related to All Industrial Zones

Lot Area4.1

he w Industrial Zones have established a consistent minimum lot area across all T nesquare metres. The minimum lot area was developed through

the City’s Economic Development and Real Estate Division, and was zones of 4000 onsultation withc

established in order to meet the needs of new industrial developments, and to provide the opportunity for facility expansion to occur on the same property. Although this new regulation is larger than what is currently contained within the existing Municipal Zoning By-laws, the intent is to avoid the creation of many small lots, of which there is an adequate supply existing within the City’s employment areas. Change(s) Made Based on Consultation The minimum lot area has remained unchanged in the Business Park Zones from what

as proposed at the Public Information Centres. However, the minimum lot area witw hin nes) has increased from 3,000 square metres the Industrial Land Zones (M5 and M6 Zo

to 4,000 square metres. This change was made to be consistent between all the new Industrial Zones, and is seen as a minimum standard requirement for new industries looking for properties. This regulation is only applicable to the creation of new lots. Existing, legally established lots are permitted through a provision within the Zoning By-law (Section 4.12: Vacuum Clause in Zoning By-law 05-200).




4.2 Parking New parking standards were developed which represent a departure from how some

currently calculated. The intent of this change is to not over-require arking that will then become part of a technical minor variance application. This

he type of industrial use. The umber of loading spaces will be determined at the site plan stage. However, locational

et, except when screened; Shall not be permitted in a required yard abutting a residential zone or institutional

within the employment area and to manage more effectively the location of loading truction. In order to address issues of

standards are pchange responds, in part, to the shift in manufacturing and warehousing to an increasingly automated workforce. Staff are proposing that parking be calculated on the entire gross floor area (GFA) devoted to that use. However, for uses such as manufacturing and warehousing, parking is calculated based on a component or various specific components of that use. For example, the new parking requirement for Manufacturing is proposed to be calculated on the area devoted to office (at 1 space for each 30 square metres devoted to the office component) and the remainder of the use (at 1 space for each 200 square metres). In the past, parking for manufacturing was generally calculated at a rate of 1 space for each 100 square metres of GFA devoted to the entire use which often resulted in an over-requirement for parking, and led to variance applications. Other uses, such as Warehouse, are proposed to require parking for the area devoted only to the office component, and not be required for the remainder of the GFA devoted to the use (i.e. warehouse space). Loading space requirements have not been included within the new Zoning By-law as loading needs can vary substantially depending on tnrestrictions for loading facilities have been included. These regulations require that loading doors and associated loading facilities: • Shall not be permitted within a Front Yard; • Shall not permitted in a yard abutting a stre•

zone. The loading regulations were developed in order to enhance the design of buildings

spaces so they are not causing a traffic obscompatibility, where an industrially zoned property directly abuts a residentially or institutionally zoned property, loading facilities have been restricted from locating within the required yard separating the industrial use from the sensitive land use. Change(s) Made Based on Consultation A change was made to the Location of Loading Facilities Section:

to require the screening to be in the form a Visual Barrier, in accordance with the requirements of the Zoning By-law; and,

to be screened from view by a Visual Barrier, in accordance with the requirements of the Zoning By-law.

• Subsection 5.2.1 b) was amended

• Subsection 5.2.1 c) was amended to require loading facilities




r to

• The intent of these changes is to enhance the design of a building within the employment area through the adequate screening of loading facilities. In ordeprovide enhanced compatibility between loading facilities for industrial uses and sensitive land uses, the requirement for screening was also added.

4.3 General Provisions

ries of special setbacks have been developed for inclusion in Section 4: General isions of Zoning By-law 05-200. These setbacks, applicable to all Zones, relate to

A se

rovProvincial Highway Right-of-Ways, Railway Right-of-Ways,

e TransCanada Pipeline Right-of-Way and development adjacent to a

Pdevelopments adjacent to thConservation/Hazard Land (P5) Zone, where minimum setbacks for buildings or structures are required in order to ensure there is sufficient land remaining for essential servicing and expansions associated with the defined Right-of-Way or to protect the natural feature within the P5 Zone. Change(s) Made Based on Consultation A change was made to the existing provision 4.12: Vacuum Clause within Zoning By-

w 05-200: la• Subsection “c)” was added to 4.12 to recognize any legally existing lot or building

constructed upon such lot as being permitted by the By-law.

ed but no longer conform to the new minimum lot size or setback

•

with drive through

4.4

• The intent of this provision is to recognize lots or buildings which were legally establishrequirements in the new Industrial Zones.

A regulation respecting Drive Through Regulations was added: Regulation was added following comments received from the Public Information Centres in order to provide minimum standards for drive through facilities in zones that permit restaurant or other uses commonly developed facilities (i.e. financial establishment).

• Regulation establishes a minimum number of stacking spaces, in accordance with the City’s Site Plan Guidelines.

Special Exceptions and Holding Provisions: Evaluations Fo wing the development of the new Industrial Zones and associated performance

dards, a comprehensive review wllo

tan as conducted of all existing and recently approved laws. Each site specific

e were established which

ssite specific exceptions within the former Municipal Zoning By-

as valuated against the new zones, and a series of criteria whelped provide the rationale for which site specific permissions would be carried forward and which would not. Where a site specific was adding additional use(s) or amending existing regulation(s), staff compared the use and regulations against the new zone regulations. Staff evaluated whether the use was permitted within the new broader




definitions and whether the site specific regulations were required to continue. In some cases, new Special Exceptions were created in order to recognize specific uses which are no longer permitted as-of-right through the new Industrial Zones, but for which there is merit in recognizing the use. Examples include: Restaurants and Motor Vehicle Service Stations. In some cases, where a use was previously permitted as of right through the existing zoning and is no longer permitted through the new Industrial Zones (i.e. Commercial Recreation, including a gymnastics studio or indoor activity centre) that existing use was either recognized through a Special Exception (if a property owner requested such recognition) or was left to become a legal non-conforming use. Both Provincial legislation, the Urban Hamilton Official Plan and the existing municipal Official Plans contain policies which give us the authority to recognize such uses through the Zoning By-law. A legal non-conforming use is a use that is not permitted under the Zoning By-law, but which lawfully existed prior to the new Zoning By-law being approved. Under the Planning Act, these uses have a right to continue and cannot be “zoned” out of xistence. The Planning Acte also contains provisions for expansion to or change of use

he requirements necessary to satisfy the holding provision. In these stances, the decision was made to not carry it forward. There are a total of five

under legal non-conforming status. However, the long term intent is for that legal non-conforming use to cease and be replaced by a use that conforms to the Zoning By-law and Official Plan. The same evaluation process was used for Holding Provisions as was outlined above for the special exceptions. However, in some instances there was no information available detailing tinHolding provisions being carried forward. Change(s) Made Based on Consultation There are 75 Special Exceptions being proposed as part of the new Industrial Zones.

ased on one-on-one meetings with property owners, some Special Exceptions have was determined the use was no longer in

xistence. In other instances, new Special Exceptions were added, based on

Bbeen removed from properties when itediscussions with property owners, and through an evaluation of the existing zoning, the proposed zoning, the existing or proposed use and relevant Official Plan policy direction. These decisions were made on a site by site basis, where the merits of each property and circumstance were evaluated and considered. 4.5 Waste Management Facilities Based on the recent approvals by Council on new Official Plan policies and

mendments to the existing Zoning By-laws, the same use permissions and regulations ustrial zones.

ahave been included within the new Ind




4.6 Airport Employment Growth District (AEGD) Although separate from this process, staff are working concurrently with the policy

irection being proposed for the Airport Employment Growth District to review how the ondary Plan. Staff will be bringing

rward zoning applicable to the AEGD concurrently with the recommendations of the

dnew Industrial Zones can fit within the AEGD SecfoSecondary Planning exercise. 4.7 Hamilton Port Authority Owned Lands Staff have begun discussions with the Hamilton Port Authority regarding new zoning for

nds under their ownership. New zoning applicable to these lands will be brought laforward at a later date. 4.8 Changes to the City of Hamilton Site Plan Guidelines In order to implement the policy direction in the new Urban Hamilton Official Plan and

e regulations contained within the new Industrial Zones, it is recommended that the d focus on urban design

atures within the City’s employment areas. A goal of the Urban Hamilton Official Plan

thSite Plan Guidelines be amended to reflect the increasefeis that the City shall “provide for enhanced design in lands designated Employment Area adjacent to major expressways and arterial roads” (E.5.1.7). More specifically, the plan contains specific design policies related to the design of buildings, including materials, locational requirements for parking and outdoor assembly and storage areas as well as enhanced landscaping requirements. The new Industrial Zones implement some of these components (i.e. location of parking and loading facilities), but the remainder need to be addressed through amendments to the Site Plan Guidelines. ALTERNATIVES FOR CONSIDERATION: (include Financial, Staffing, Legal and Policy Implications and pros and cons for each alternative) Committee can choose to delay approval of the new Industrial Zones until the UrbaHamilton Official Plan has been approved by the Ministry of Municipal Affairs anHousing, an

n d

d following the appeal period of the new Official Plan. Because the new dustrial Zones implement the policies of the new Official Plan, staff would be able to In

reference one complete document. However, without knowing when approval will be given to the new Urban Hamilton Official Plan and what, if any, appeals may be received, it could be months or year(s) before the new Industrial Zones are brought forward for approval. This alternative may have an impact on economic development and investment within Hamilton as some of the existing Industrial Zones are restrictive in terms of regulations and range of permitted uses. In order to implement this alternative, Council must hold the attached Zoning By-law Amendment until such time




plicable

as the new Urban Hamilton Official Plan has been approved. The effect of this would be the continuation of Zoning which is not in conformity with Places to Grow and the continued permission for non-employment uses (e.g. Places of Worship) to locate within the City’s employment areas, thereby occupying land that could otherwise be used for employment uses. Financial: Not Applicable Staffing: Not Ap Legal: Not Applicable Policy: Not Applicable CORPORATE STRATEGIC PLAN (Linkage to Desired End Results)

Foc eas: 1. Skilled, Innus Ar ovative and Respectful Organization, 2. Financial Sustainability, 3. Intergovernmental Relationships, 4. Growing Our Economy, 5. Social Development,

Skille A skille More innovation, greater teamwork, better client focus

nt growth/non-tax revenues

mprehensive Zoning By-law hip

ustrial, commercial Private and Public erat

6. Environmental Stewardship, 7. Healthy Community

d, Innovative & Respectful Organization d, adap aff tive and diverse workforce, i.e. more flexible st

Financial Sustainability Financially Sustainable City by 2020 Effective and sustainable Growth Management Generate assessme

Growing Our Economy Competitive business environment Addresses Key Activity 4.9.2 – Prepare a new Co

Environmental Stewards Reduce the impact of Hamilton's ind

op ions on the environment Healthy Community

Plan and manage the built environment




APP DICES / SCHEDULES EN Appendix “A” to Report PED09260(a) – Draft Official Plan Amendment

60(a) – Draft By-law Report PED09260(a) – Industrial Zone Mapping

chedule “2” to Appendix “B” to Report PED09260(a) – Rezoning from I1 Zone to M6,

– Rezoning from M1 Zone to M1,

Road East

enue and north of Brampton Street

Burlington Street East

Appendix “B” to Report PED092Schedule “1” to Appendix “B” toS366 Zone for property known as 734 Rennie Street Schedule “3” to Appendix “B” to Report PED09260(a)363 Zone for property known as 95 Frid Street Schedule “4” to Appendix “B” to Report PED09260(a) – Rezoning from I1 Zone to M3, 369 Zone for property known as 1338 Stone ChurchSchedule “5” to Appendix “B” to Report PED09260(a) – Rezoning from P2 Zone to M6 Zone for property located east of Woodward AvSchedule “6” to Appendix “B” to Report PED09260(a) – Rezoning from P2 Zone to M6 Zone for property located at the corner of Woodward Avenue andSchedule “7” to Appendix “B” to Report PED09260(a) – Rezoning from P2 zone to M6 Zone and P5 Zone for portion of property at 700 Woodward Avenue (Globe Park) Schedule “8” to Appendix “B” to Report PED09260(a) – Rezoning from I1 Zone to M6 Zone and P5 Zone for portion of property at 700 Woodward Avenue Appendix “C” to Report PED09260(a) – Summary of Changes based on Consultation JS/dkm

Appendix “A” to Report PED09260(a) Page 1 of 22

Draft Amendments

to the

Former Region of Hamilton-Wentworth, Towns of Ancaster, Dundas, and Flamborough, the former Township of Glanbrook and the former Cities of

Hamilton and Stoney Creek Official Plans The following text, together with: • Schedule “A” (Schedule “A” – Land Use, Town of Dundas Official Plan); • Schedule “B” (Schedule “A-1” – Land Use Plan: Flamborough Business Park

Secondary Plan, Town of Flamborough Official Plan); • Schedule “C” (Schedule “A” – Land Use Concept, City of Hamilton Official

Plan); ● Schedule “D” (Schedule “B” – Special Policy Areas, City of Hamilton Official

Plan); and, • Schedule “E” (Schedule “B-3” – Other Special Policy Areas, City of Hamilton

Official Plan); attached hereto, constitute; 1. Official Plan Amendment No. XX to the former Regional Municipality of

Hamilton-Wentworth Official Plan; 2. Official Plan Amendment No. XXX to the former Town of Ancaster Official

Plan; 3. Official Plan Amendment No. XX to the former Town of Dundas Official Plan; 4. Official Plan Amendment No. XXX to the former Town of Flamborough

Official Plan; 5. Official Plan Amendment No. XX to the former Township of Glanbrook

Official Plan; 6. Official Plan Amendment No. XX to the former City of Hamilton Official Plan;

and, 7. Official Plan Amendment No. XX to the former City of Stoney Creek Official

Plan.


1.0 Purpose: The purpose of the Amendments is to amend the industrial and business park policies of the former Regional Official Plan and the Official Plans of the former Towns of Ancaster, Dundas, and Flamborough, Township of Glanbrook, and Cities of Hamilton and Stoney Creek, to enable implementation of new city-wide Industrial Zoning that conforms to the new Urban Hamilton Official Plan and the Growth Plan for the Greater Golden Horseshoe, and is consistent with the Provincial Policy Statement. 2.0 Location: The lands subject to this Amendment are all lands within the urban area that are designated Industrial, Business Park or Employment Area as shown on Schedules “A” through “E” attached to this Amendment. 3.0 Basis: The basis for permitting these Amendments is as follows:

• Employment (industrial) areas and uses contribute substantially to the overall economic prosperity of the City;

• A supply of available designated and zoned employment (industrial) land, protected for employment (industrial) uses, provides opportunities for new employment (industrial) operations to locate in Hamilton, thereby increasing Hamilton’s tax base;

• The existing Official Plans and Zoning By-laws currently permit land uses and activities that are no longer appropriate in employment (industrial) areas or permitted by the Growth Plan for the Greater Golden Horseshoe;

• The Amendments will bring the existing Official Plans into consistency with the Provincial Policy Statement and conformity to the Growth Plan for the Greater Golden Horseshoe respecting the preservation of employment (industrial) areas for industrial uses;

• The Amendments will enable the implementation of new employment (industrial) zones that are in conformity to the Growth Plan for the Greater Golden Horseshoe and consistent with the Provincial Policy Statement; and,

• The Amendments will clarify the types and range of employment (industrial) uses permitted in the existing Official Plans, and ensure permitted employment (industrial) uses are consistent across all of the existing Official Plans.


4.0 Actual Changes: 4.1 Former Regional Municipality of Hamilton-Wentworth Official Plan Text Changes a) Part C, Section 3.1.3 – Business Parks, is hereby amended by:

i) in paragraph 2, deleting the words “large-scale retailing,” between the words “and remediation,” and “specialty manufacturing and biotechnology”;

ii) in paragraph 3, deleting the second last sentence “Some flexibility in

the policies will permit consideration of mixed uses within the Business Parks.” following the words “operations and employees.”

b) Part C, Policy 3.1.3.1 is hereby deleted it in its entirety and replaced with the

following:

“3.1.3.1 Designate Business Parks shown on Map No. 1, to accommodate clusters of business and economic activities such as, manufacturing, research and development, transport terminal, building or contracting supply establishment, tradesperson’s shop, warehousing, waste management facilities, private power generation, office, and accessory uses. Ancillary uses which primarily support businesses and employees within the Business Parks shall also be permitted.”

c) Part C, Section 3.1.5 – Manufacturing, paragraph 1, is hereby amended by:

i) deleting the word “, either” between the words “redevelop this land” and “for newer industrial”; and,

ii) deleting the words “or for other uses. Therefore, land use plans must

begin to reflect this economic restructuring” following the words “industrial/business uses”.

4.2 Former Town of Ancaster Official Plan Text Changes a) Policy 4.6.1 is hereby deleted in its entirety and replaced with the following:

“4.6.1 Industrial Uses and Restrictions


4.6.1.1 The following uses shall be permitted on lands designated Industrial on Schedule B:

i) manufacturing, warehousing, repair service, building or

contracting supply establishments, transportation terminals, research and development, office, communication establishment, and private power generation. Salvage yards and other uses which are unsightly or otherwise incompatible with the design policies and image for business parks shall be prohibited;

ii) uses which primarily support industry, including labour

association halls, conference and convention centres, trade schools, commercial motor vehicle and equipment sales, and commercial rental establishments;

iii) ancillary uses which primarily support businesses and

employees within the industrial area, including hotels, fitness centres, financial establishments, restaurants, personal services, motor vehicle service stations and washing, retail establishments, and commercial parking facilities;

iv) waste processing facilities and waste transfer facilities; and,

v) accessory uses, such as limited retail and office.

4.6.1.2 The following uses shall be prohibited on lands designated Industrial

on Schedule B:

i) Major retail uses, where major retail is defined as those retail establishments that provide goods for sale to the public that are not ancillary to or associated with employment uses and are greater than 500 square metres in size; and,

ii) Residential uses.

4.6.1.3 Office uses shall be limited in function, scale and type, and shall be

limited in size through the Zoning By-law. 4.6.1.4 Retail establishments shall serve the businesses and employees of

the industrial area, shall be limited to 500 square metres of gross floor area, and shall only be permitted where the supporting uses for the business park are permitted by Policy 4.6.1.1.”

b) Policy 4.6.3 is hereby deleted and replaced with the following:


“Ancillary uses which serve the businesses and employees of the industrial area as described in Policy 4.6.1.1 iii), shall only be permitted at locations fronting arterial roads or collector roads into the business park.”

c) Policy 4.6.4 is hereby amended by deleting the words “Furthermore, in

accordance with the Regional Official Plan, areas designated Industrial where an Industrial-Business Park is proposed, Secondary Plans shall be prepared prior to the implementation of any development proposals.” following the words “Schedule B of this Plan.”

d) Policy 4.6.9 is hereby amended by deleting the words “of the Town of

Ancaster” between the words “Zoning By-law” and “designed to accommodate”.

e) Policy 4.6.11 iii) is hereby amended by deleting the words “subject to

policies in Section 5 of this Plan” and replacing with the words “appropriately located and screened on lands designated Industrial on Schedule B of this Plan;”.

f) Policy 5.5.2 is hereby amended by deleting the words “Policy 4.6.1”

and replacing with the words “the Policies of Section 4.6”; g) Policy 5.5.2 ii) is hereby amended by deleting the words “and internal”

between the words “the major peripheral” and “roads, shall be”; h) Policy 5.5.2 ii) (a) is hereby amended by deleting the second sentence

“Generally, employees and visitors parking shall be restricted to the side, or rear yard, but parking for vehicles used in an business operation shall be restricted to the rear yard.”;

i) Policy 5.5.2 ii) (b) is hereby deleted in its entirety and replaced with the

following: “The location and screening of outdoor storage. In all cases, outdoor storage areas are to be appropriately located and screened;”.

j) Policy 5.5.2 ii) (c) is hereby amended by adding the words “side and”

between the words “restricted to” and “rear yard locations”. k) Policy 5.5.2 ii) (d) is deleted in its entirety and the subsequent

subsections renumbered accordingly.


4.3 Former Town of Dundas Official Plan Map Changes a) Schedule “A” – LAND USE, be revised by:

i) redesignating the subject lands from “Employment/Residential Mixed Use” to “Employment Area”;

ii) redesignating the subject lands from “Residential Neighbourhoods” to

“Employment Area”; and, iii) revising the Legend entry "Employment Node" to "Employment Area";

as shown on Schedule “A” attached hereto. Text Changes b) Policy 3.2.3.1 is hereby amended by deleting the words “, including the

introduction of live-work uses” following the words “support industrial uses”.

c) Policies 3.2.3.2, 3.2.3.3, and 3.2.3.4 are hereby deleted and replaced with the following:

“3.2.3.2 The following uses shall be permitted on lands designated

Employment Area on Schedule “A”:

a) full range of manufacturing uses, warehousing, repair service, building or contracting supply establishments, transport terminals, research and development, communication establishment, private power generation, dry cleaning plants, salvage/storage yards, and motor vehicle repair and wrecking;

b) limited office uses;

c) ancillary uses which primarily support industry, businesses

and employees within the Employment Area, including hotels, fitness centres, financial establishments, restaurants, personal services, motor vehicle service stations, retail establishments, labour association halls, conference and convention centres, trade schools, commercial parking facilities, commercial motor vehicle and equipment sales, and commercial rental establishments;

d) waste processing facilities and waste transfer facilities; and,


e) accessory uses, such as limited retail and office.

3.2.3.3 The following uses shall be prohibited on lands designated

Employment Area on Schedule “A”:

a) Major retail uses, where major retail is defined as those retail establishments that provide goods for sale to the public that are not ancillary to or associated with employment uses and are greater than 500 square metres in size; and,

b) Residential uses.

3.2.3.4 Office uses within the Employment Area designation shall be

restricted in function, scale and type, and shall be limited in size through the Zoning By-law.”

d) Policy 3.2.3.7 is hereby deleted and replaced with the following:

“3.2.3.7 Retail establishments shall serve the businesses and employees of the Employment Area and shall be limited to 500 square metres of gross floor area for any individual business.”

4.4 Former Town of Flamborough Official Plan Map Changes a) Schedule “A-1” – Land Use Plan: Flamborough Business Park Secondary

Plan, be revised by:

i) redesignating the subject lands from “Utilities” to “Prestige Industrial – Business”;

ii) redesignating the subject lands from “Prestige Industrial” to “General

Industrial – Business”; iii) redesignating the subject lands from “General Industrial” to “Prestige

Industrial – Business”; iv) redesignating the subject lands from “Prestige Industrial –

Commercial” to “Prestige Industrial – Business”; v) redesignating the subject lands from “General Open Space” to

“Prestige Industrial – Business”;


vi) redesignating the subject lands from “General Open Space” to “Natural Open Space”;

vii) redesignating the subject lands from “Prestige Industrial” to “Natural

Open Space”; viii) redesignating the subject lands from “Utilities” to “Natural Open

Space”; ix) redesignating the subject lands from “General Industrial –

Commercial” to “Prestige Industrial – Business”; x) in the Legend adding the word “- Business” following the words

“Prestige Industrial”; and, xi) in the Legend adding the word “- Business” following the words

“General Industrial”; as shown on Schedule “B” attached hereto. Text Changes b) Section A.6.1.5 – Environment and Open Space is hereby amended by

deleting policies A.6.1.5.3 and A.6.1.5.4 in their entirety. c) Policy A.6.2.1.1 is hereby deleted in its entirety and replaced with the

following:

“A.6.2.1.1 The following uses shall be permitted on lands designated Prestige Industrial – Business on Schedule “A-1”:

(i) manufacturing, warehousing, repair service, building

or contracting supply establishments, transportation terminals, research and development, office, communication establishment, and private power generation. Salvage yards and other uses which are unsightly or otherwise incompatible with the design policies and image for business parks shall be prohibited;

(ii) uses which primarily support industry, including labour



(iii) ancillary uses which primarily support businesses and employees within business parks, including hotels, fitness centres, financial establishments, restaurants, personal services, motor vehicle service stations and washing, retail establishments, and commercial parking facilities;

(iv) waste processing facilities and waste transfer

facilities; and, (v) accessory uses, such as limited retail and office.”

d) Section A.6.2.1 – Prestige Industrial-Business is hereby amended by adding

the following new policies:

“A.6.2.1.3 Ancillary uses which serve the businesses and employees of the business park as described in Policy A.6.2.1.1, shall only be permitted at locations fronting arterial roads or collector roads into the business parks.

A.6.2.1.4 The following uses shall be prohibited on lands designated

Prestige Industrial – Business on Schedule “A-1”:



A.6.2.1.5 Office uses shall be limited in function, scale and type and

shall be limited in size through the Zoning By-law.” e) Policy A.6.2.4.1 is hereby amended by deleting everything after the words

“General Industrial-Business uses shall be located in the central areas of the Industrial-Business Park generally bounded by the Prestige Industrial-Business land use.” and replacing with “The uses permitted in the General Industrial-Business designation are limited to the uses permitted in Policy A.6.2.1.1 and the policies of A.6.2.1.3, A.6.2.1.4, and A.6.2.1.5.” so the policy reads:

“A.6.2.4.1 General Industrial-Business uses shall be located in the

central areas of the Industrial-Business Park generally bounded by the Prestige Industrial-Business land use. The uses permitted in the General Industrial-Business designation


shall be limited to the uses permitted in Policy A.6.2.1.1 and the policies of A.6.2.1.3, A.6.2.1.4, and A.6.2.1.5.”

f) Policy A.6.2.6.2 a) is hereby amended by deleting the words “; in general,

these setbacks shall be approximately 15 metres (50 feet) in depth so that the minimum distance separation of any permitted structure from the boundary of the I.B.P. shall be approximately 30 metres (100 feet). The distance separation shall consist of setbacks and minor open space areas” following the words “in the Zoning By-law”.

4.5 Former Township of Glanbrook Official Plan Text Changes a) Section B.2 – The Urban Area, paragraph 4, is hereby amended by

deleting the words “and a specific area for ancillary commercial and recreational uses, while the” and replacing with “with a focus on clean, environmentally friendly and compatible uses in order to concentrate on promoting the North Glanbrook Industrial-Business Park on strategic economic clusters such as the food and beverage processing industry. The“.

b) Policy B.2.5.1 is hereby deleted and replaced with the following:

“B.2.5.1 The following uses shall be permitted on lands designated North Glanbrook Industrial – Business Park on Schedule “A” – Land Use Plan:

(a) manufacturing, warehousing, repair service, building

or contracting supply establishments, transportation terminals, research and development, office, communication establishment, and private power generation. Salvage yards and other uses which are unsightly or otherwise incompatible with the design policies and image for business parks shall be prohibited;

(b) uses which primarily support industry, including labour


(c) ancillary uses which primarily support businesses and

employees within business parks, including hotels, fitness centres, financial establishments, restaurants,


personal services, motor vehicle service stations and washing, retail establishments, and commercial parking facilities;

(d) waste processing facilities and waste transfer

facilities; and, (e) accessory uses, such as limited retail and office.”

c) Policy B.2.5.2 is hereby deleted and replaced with the following:

“B.2.5.2 Prohibited Uses and Use Restrictions B.2.5.2.1 The following uses shall be prohibited on lands designated

North Glanbrook Industrial-Business Park on Schedule “A”: i) Major retail uses, where major retail is defined as those

retail establishments that provide goods for sale to the public that are not ancillary to or associated with employment uses and are greater than 500 square metres in size; and,

ii) Residential uses. B.2.5.2.2 Office uses shall be limited in function, scale and type and

shall be limited in size through the Zoning By-law. B.2.5.2.3 Ancillary uses which serve the businesses and employees of

the business park as described in Policy B.2.5.1 (c), shall be encouraged to locate fronting arterial roads or collector roads into the business parks.”

d) Policy B.2.5.8 is hereby amended by deleting the words “existing and/or

future” and replacing with the words “areas designated for”. 4.6 Former City of Hamilton Official Plan Map Changes a) Schedule “A” – Land Use Concept, be revised by:

i) redesignating the subject lands from “Major Institutional” to “Industrial”;

ii) redesignating the subject lands from “Open Space” to “Utilities”;


iii) redesignating the subject lands from “Open Space” to “Industrial”; iv) redesignating the subject lands from “Residential” to “Industrial”; v) redesignating the subject lands from “Residential” to “Utilities”; vi) redesignating the subject lands from “Residential” to “Open Space”;

and, vii) redesignating the subject lands from “Open Space” to “Industrial”;

as shown on Schedule “C” attached hereto. b) Schedule “B” – Special Policy Areas, be revised by removing the subject

lands from Special Policy Area 11, as shown on Schedule “D” attached hereto.

c) Schedule “B-3” – Other Special Policy Areas, be revised by: i) adding the subject lands as Special Policy Area 11; and, ii) in the Legend replacing the words “(East Mountain Industrial-

Business Park)” with the words “(Red Hill Business Park, formerly the East Mountain Industrial-Business Park)”;

as shown on Schedule “E” attached hereto. Text Changes d) Subsection A.2 – Land Use Concept is hereby amended by adding the

following new bullet point:

o the Red Hill Business Park shall be a focus of clean, environmentally friendly and compatible uses in order to concentrate on promoting the Red Hill Business Park for strategic economic clusters such as the food and beverage processing industry.“.

e) Policies A.2.3.1 through to A.2.3.22 are hereby deleted in their entirety. f) Section A.2.3 – Industrial Uses is hereby amended by adding the following

new policies:

“2.3.1 Uses permitted on lands designated Industrial on Schedule “A” shall include clusters of business and economic activities such as, manufacturing, research and development, transport terminal, building or contracting supply establishment, tradesperson’s shop,


warehousing, waste management facilities, private power generation, office, and accessory uses. Ancillary uses which primarily support businesses and employees within the Industrial area shall also be permitted.

2.3.2 The following uses shall be prohibited on lands designated

Industrial on Schedule “A”:



2.3.3 Office uses shall be limited in function, scale and type and shall

be limited in size through the Zoning By-law.

2.3.4 Council recognizes the varied nature of industry in the City. Therefore, the policies of this Plan are intended to apply to a hierarchy of INDUSTRIAL classifications. The hierarchy is not specifically designated on Schedule “A”. However, an element of the hierarchy is shown on Schedule “B” and Schedule “B-3” as Special Policy Area 11 and 11a and as set out in Subsection A.2.9.3.

2.3.5 Further, it is intended that the policies for the various

classifications in the INDUSTRIAL hierarchy will provide guidance to Council when considering amendments to this Plan or to the Zoning By-law.

General and Heavy Industrial Classification 2.3.6 The following uses shall be permitted on lands designated

Industrial on Schedule “A”:

i) a full range of manufacturing uses, warehousing, repair service, building or contracting supply establishments, transport terminals, research and development, communication establishment, private power generation, dry cleaning plants, salvage/storage yards, and motor vehicle repair and wrecking;

ii) limited office uses;


iii) ancillary uses which primarily support industry, businesses and employees within the Industrial area, including hotels, fitness centres, financial establishments, restaurants, personal services, motor vehicle service stations, retail establishments, labour association halls, conference and convention centres, trade schools, commercial parking facilities, commercial motor vehicle and equipment sales, and commercial rental establishments;

iv) waste processing facilities and waste transfer facilities;

and, v) accessory uses, such as limited retail and office.

2.3.7 Council will ensure that non-industrial land uses abutting the GENERAL AND HEAVY INDUSTRIAL CLASSIFICATION areas are protected from adverse impacts through the provision of adequate separation, screening, barriers, fencing and landscaping or other like measures.

Light Industrial Classification 2.3.8 The LIGHT INDUSTRIAL CLASSIFICATION applies to those

Industrial Uses that have a minimal impact on surrounding land uses and, as set out in Subsection A.2.9.3, are shown on Schedule “B” as Special Policy Area 11 and 11a, and shown on Schedule “B-3” as the Red Hill Business Park (formerly the East Mountain Industrial-Business Park).”

2.3.9 The following uses shall be permitted on lands in the LIGHT

INDUSTRIAL CLASSIFICATION:

i) manufacturing, warehousing, repair service, building or contracting supply establishments, transportation terminals, research and development, office, communication establishment, and private power generation. Salvage yards and other uses which are unsightly or otherwise incompatible with the design policies and image for business parks shall be prohibited;

ii) uses which primarily support industry, including labour



iii) ancillary uses which primarily support businesses and employees within business parks, including hotels, fitness centres, financial establishments, restaurants, personal services, motor vehicle service stations and washing, retail establishments, and commercial parking facilities;

iv) waste processing facilities and waste transfer facilities;

and, v) accessory uses, such as limited retail and office.

2.3.10 Ancillary uses which serve the businesses and employees of the

LIGHT INDUSTRIAL CLASSIFICATION as described in Policy 2.3.9 iii), shall be encouraged to locate fronting arterial roads or collectors roads into the industrial area. Retail establishments shall be limited to 500 square metres of gross floor area.

2.3.11 New developments in the LIGHT INDUSTRIAL CLASSIFICATION

will be subject to site plan control as provided by The Planning Act.

2.3.12 Council will encourage all new developments in the LIGHT

INDUSTRIAL CLASSIFICATION to adhere to good architectural quality in building design.

2.3.13 Council will ensure that non-industrial land uses abutting the

LIGHT INDUSTRIAL CLASSIFICATION areas are protected from any adverse impacts through the provision of adequate separation, screening, barriers, fencing and landscaping or other like measures.”

g) Policy 2.3.24 is hereby amended by:

i) deleting the word “may” and replacing with the word “will”; and,

ii) deleting the words “. However, it will be required” and replacing with the word “and”.

h) Policy 2.9.3.9 ii) is hereby deleted in its entirety. 4.7 Former City of Stoney Creek Official Plan Text Changes a) Policy A.4.2.1 is hereby deleted in its entirety and replaced with the

following:


“A.4.2.1 INDUSTRIAL-BUSINESS PARK Uses and Restrictions A.4.2.1.1 The following uses shall be permitted on lands designated

INDUSTRIAL-BUSINESS PARK on Schedule “A”:

a) manufacturing, warehousing, repair service, building or contracting supply establishments, transportation terminals, research and development, office, communication establishment, and private power generation. Salvage yards and other uses which are unsightly or otherwise incompatible with the design policies and image for business parks shall be prohibited;

b) uses which primarily support industry, including labour


c) ancillary uses which primarily support businesses and

employees within business parks, including hotels, fitness centres, financial establishments, restaurants, personal services, motor vehicle service stations and washing, retail establishments, and commercial parking facilities;

d) waste processing facilities and waste transfer facilities;

and, e) accessory uses, such as limited retail and office.

A.4.2.1.2 The following uses shall be prohibited on lands designated

INDUSTRIAL–BUSINESS PARK on Schedule “A”:

a) Major retail uses, where major retail is defined as those retail establishments that provide goods for sale to the public that are not ancillary to or associated with employment uses and are greater than 500 square metres in size; and,

b) Residential uses.

A.4.2.1.3 Ancillary uses which serve the businesses and employees of the Industrial-Business Park as described in Policy A.4.2.1.1 c),


shall only be permitted at locations fronting arterial roads or collectors roads into the business parks. Retail establishments shall be limited to 500 square metres of gross floor area.

A.4.2.1.4 Office uses shall be limited in function, scale and type and shall

be limited in size through the Zoning By-law.” b) Policy 4.2.5 is hereby amended by deleting the last three sentences:

“However, in order to reduce industrially related detrimental .... environmental characteristics specified above.”

c) Policy 4.2.7 b) is hereby amended by deleting the words “are to be located”

and replaced with the words “will be encouraged to locate”. d) Policy 4.2.7 c) is hereby amended by deleting the words “Small Scale and”

between the words “be restricted to” and “Light Industrial Uses”. e) Policy 4.2.11 is hereby deleted in its entirety. f) Policy 4.2.20 is hereby deleted in its entirety. 5.0 Implementation: A Zoning By-Law Amendment will give effect to this Amendment. This is Schedule "1" to By-law No. 10- ____, passed on the ___th day of MONTH, 2010.

The City of Hamilton

__________________________ __________________________ Fred Eisenberger Kevin C. Christenson MAYOR CITY CLERK

CI-09-H

Natural Open Space

Open Space

May 2007

Date: Revised By: Reference File No.

Schedule ADraft Amendment No.__

to the Official Planfor the

former Town of Dundas

March 22, 2010

Lands to be Redesignated from “Employment

/Residential Mixed Use” to “Employment Area”

KM/MS OPA__(D), CI-09-H

Lands to be Redesignated from “Residential

Neighbourhoods” to “Employment Area”

Legend entry “Employment Node”to be Revised to “Employment Area”

LEGEND CHANGE:

REFER TOMODIFICATION

No.UNDER SECTION 17(34) OF

THE PLANNING ACT

21



THE PLANNING ACT

17



THE PLANNING ACT

15



THE PLANNING ACT

16



THE PLANNING ACT

20



THE PLANNING ACT

19

Appendix "A" to Report PED09260(a) Page 18 of 22

November 2008

OPA # 38 & 97

OPA # 38 & 97

OPA # 98SITE SPECIFICAREA No.14

N

aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa a a

OPA #96Site SpecificArea No. 4

aaaaaaaaa a

INDUSTRIAL BUSINESS PARK BOUNDARY

Prestige Industrial - Business

Prestige Industrial

General Industrial

General Industrial - Commercial

General Open Space

Natural Open Space

Utilities

Special Treatment Area

Prestige Industrial - AutomotiveDeferred Under Section 17 (21) of the Planning Act

Scale 1”:400’

Schedule BDRAFT Amendment No. ___

To the Official Planfor the

former Town of Flamborough

Lands to be Redesignated from “Utilities” to“Prestige Industrial - Business”

Date:Mar. 23, 2010

Revised By:KM/MS

Reference File No.:OPA ___(F), CI-09-H

Lands to be Redesignated from “PrestigeIndustrial” to “General Industrial - Business”

Lands to be Redesignated from “GeneralIndustrial” to “Prestige Industrial - Business”

Lands to be Redesignated from “PrestigeIndustrial - Commercial” to “Prestige Industrial - Business”

Lands to be Redesignated from “GeneralOpen Space” to “Prestige Industrial - Business”

Lands to be Redesignated from “GeneralOpen Space” to “Natural Open Space”

Lands to be Redesignated from “PrestigeIndustrial” to “Natural Open Space”

Lands to be Redesignated from “Utilities”to “Natural Open Space”

Lands to be Redesignated from “GeneralIndustrial - Commercial” to “Prestige Industrial - Business”

LEGEND CHANGES:

1) “Prestige Industrial” to be changed to “Prestige Industrial - Business”

2) “General Industrial” to be changed to “General Industrial - Business”


February 2009

Legend

Date: Revised By: Reference File No.

Schedule CDraft Amendment No.___

to the Official Planfor the

former City of Hamilton

Lands to be Redesignated from“Major Institutional” to “Industrial”

March 22, 2010 KM/MS OPA ____(H), CI-09-H

Lands to be Redesignated from“Open Space” to “Utilities”

Lands to be Redesignated from“Open Space” to “Industrial”

Lands to be Redesignated from“Residential” to “Industrial”

Lands to be Redesignated from“Residential” to “Utilities”

Lands to be Redesignated from“Residential” to “Open Space”

Lands to be Redesignated from“Open Space” to “Industrial”


special policy areas

For other Special Policy Areas

numbers, refer to Schedules:

B-1, B-2, and B-3.

schedule B

to the official plan

for

the City of Hamilton

AREA REFER TO

POLICY

1(a) A.2.9.1

1(b) A.2.9.1

1(c) A.2.9.1

2 A.2.9.2

3 A.2.9.3

A.2.9.3.1

4 A.2.9.3.2

5 A.2.9.3.3

6 A.2.9.3.4

7 A.2.9.3.5

8 A.2.9.3.6

9 A.2.9.3.7

10 A.2.9.3.8

10a A.2.9.3.8

11 A.2.9.3.9

11(a) A.2.9.3.9

16 A.2.9.3.14

17 "Deleted"

18 A.2.9.3.16

19 A.2.9.3.17

20 A.2.9.3.18

26 A.2.9.3.21

27 A.2.9.3.22

29 A.2.9.3.24

30 A.2.9.3.25

31 A.2.9.3.26

31(a) A.2.9.3.26

31(b) A.2.9.3.26

31(c) A.2.9.3.26

32 A.2.9.3.27

33 A.2.9.3.28

34 A.2.9.3.29

35 A.2.9.3.30

36 A.2.9.3.31

37 A.2.9.3.32

38 "Deleted"

40 A.2.9.3.35

41 A.2.9.3.36

42 A.2.9.3.37

43 A.2.9.3.38

45 A.2.9.3.40

46 A.2.9.3.41

47 A.2.9.3.42

48 "Deleted"

49 A.2.9.3.44

50 A.2.9.3.45

51 A.2.9.3.46

53 "Deleted"

54 "Deleted”

55 A.2.9.3.50

62 A.2.9.3.57

63 A.2.9.3.58

64 A.2.9.3.59

65 A.2.9.3.60

66 A.2.9.3.61

67 "Deleted"

68 A.2.9.3.63

69 A.2.9.3.64

70 A.2.9.3.65

71 A.2.9.3.66

72 A.2.9.3.67

73 A.2.9.3.68

74 A.2.9.3.69

75 A.2.9.3.70

76 A.2.9.3.71

78 A.2.9.3.73

AREA REFER TO

POLICY

56 A.2.9.3.51

77 A.2.9.3.72

91 A.6.4.9.192 A.6.4.9.2

11

8283

85

79 “Deleted”

80 Denied by OMB

81 A.2.9.3.76

82 A.2.9.3.77

83 A2.9.3.78

84 Pending

85 A.2.9.3.80

86 A.2.9.3.81

87 A.2.9.3.82

81

86

93

January 2007

87

89 Pending OMB

90 A.2.9.3.85

10a

15

31d

90

91

92

CootesParadise

Coote

s

Main

Main

Whitney

Em

ers

on

Longw

ood

King

Mohawk

Ric

e

SanatoriumnSanato

rium

n

Gart

h

City

Lim

its

City Limits

Upper H

orn

ing U

pper

Para

dis

e

Stone Church

West F

ifth

Limeridge

Upper

Welli

ngto

n

Upper

Jam

es

Upper

Sherm

an

Upper

Gage

Upper

Wentw

ort

h

Fennell

Mohawk

Upper

Ottaw

a

Rymal

Dart

nal

Pritc

hard

Greenhill

Greenhill

Mud

Mou

ntA

lbio

n

Quig

ley

King

Nash

Kenilw

ort

h

Queenston

Cente

nnia

l

Park

dale

Woodw

ard

Queen Elizabeth Way

Park

way

Britannia

Str

ath

cona

Pottru

ff

Burlington

Industrial Dr.

Barton

WilsonKing

Main

Cannon

Ottaw

a

Gage

Wentw

ort

h

Sherm

an

Queen

Aberdeen

Dundurn

Bay

Lake

Gra

y

Cumberland

Sherman Access

Concession

Lawrence

Vic

toria

Welli

ngto

n

John

Jam

es

Charlton

Highway 403

Beach Blvd.

Lake Ontario

Legend

special policy areas

Scale in metres

NORTH

93 A.2.9.3.86

Schedule D

DRAFT Amendment No.___

To the Official Plan

for the


Date:

Mar. 25, 2010

Revised By:

KM/MS

Reference File No.:

OPA___(H), CI-09-H

Lands to be removed from Special Policy Area 11


other specialpolicy areas

schedule B-3

(East Mountain Industrial-Business Park)

February 2005

to the official planfor

the City of Hamilton

AREA REFER TOPOLICY

Area 1(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . A.2.9.1

Area 1(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . A.2.9.1

Area 1(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . A.2.9.1

Area 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A.2.9.3.9

Area 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A.2.9.3.21

Area 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A.2.9.3.25

Area 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A.2.9.3.27

Area 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A.2.9.3.30

Area 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A.2.9.3.40

Area 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A.2.9.3.45

Area 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A.2.9.3.47

Area 55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A.2.9.3.50

Area 77 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A.2.9.3.72

Area 11(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . A.2.9.3.9

NORTH

Schedule E

Amendment No. ___

To the Official Plan

for the


DRAFT

Date:

March 22, 2010

Revised By:

KM/MS

Reference File No.:

OPA ___(H), CI-09-H

Lands to be added to “Special Policy Area II”

LEGEND CHANGES:

“(East Mountain Industrial-Business Park)” shall berevised to “(Red Hill Business Park, formerly theEast Mountain Industrial-Business Park)”


Appendix “B” to Report PED09260(a) Page 1 of 75

Authority: Item XX, Economic Development and Planning Committee Report 10-XXX (PED09260a) CM:

Bill No. XXX

CITY OF HAMILTON

BY-LAW No. ______

To Amend By-law 05-200 to Create New Industrial Zones for the City of Hamilton

WHEREAS the City of Hamilton has in force several Zoning By-laws which apply to the different areas incorporated into the City by virtue of the City of Hamilton Act, 1999, S.O. 1999, Chap. 14; AND WHEREAS the City of Hamilton is the lawful successor to the former Municipalities identified in Section 1.7 of By-law 05-200; AND WHEREAS it is desirable to enact a new Zoning By-law to comprehensively deal with zoning throughout the City; AND WHEREAS the said new comprehensive Zoning By-law is being enacted and is coming into force and effect in several stages; AND WHEREAS, the first stage of the Zoning By-law, being By-law 05-200, came into force on May 25, 2005; AND WHEREAS this By-law represents the fourth stage of the Zoning By-law to create new Industrials Zones, amending certain provisions of By-law 05-200 and, applying to the Industrial lands within the Urban Area of the City, as hereinafter described and depicted; NOW THEREFORE the Council of the City of Hamilton enacts as follows: 1. That SECTION 2: INTERPRETATION of By-law 05-200 is hereby amended

as follows:

a) That Section 2.1 d) – Industrial Classification is amended by adding the letter “s” to the word “Zone” in the heading;


b) That Section 2.1 d) – Industrial Classification is amended by adding the following Zones and Zone Symbols following the words “Research and Development Zone, M1”:

“General Business Park Zone M2 Prestige Business Park Zone M3 Business Park Support Zone M4 General Industrial Zone M5 Light Industrial Zone M6”

2. That SECTION 3: DEFINITIONS of By-law 05-200 is hereby amended as

follows: a) That the following new definitions be added:

“Building and Lumber Supply Establishment Shall mean the use of land, building or structure, or part thereof, for a retail store predominantly selling a combination of lumber and a wide range of building and home decorating supplies along with ancillary sales of construction tools, gardening products, and home design products.


Shall mean the use of land, building or structure, or part thereof, in which building, construction or home improvement materials are warehoused and which may include accessory retail.

Bulk Fuel and Oil Storage Establishment

Shall mean the use of land, building or structure, or part thereof, for the bulk storage or wholesale distribution of gasoline, oil, petroleum products or other flammable liquids, but shall not include a Motor Vehicle Service Station or a Motor Vehicle Gas Bar.

Commercial Motor Vehicle Sales, Rental and Service

Establishment Shall mean the use of land, building or

structure, or part thereof, where


commercial motor vehicles or parts for such vehicles are stored and displayed for the purpose of sale, lease, rental or repair.

Equipment and Machinery Sales, Rental and Service Establishment

Shall mean the use of land, building or structure, or part thereof, for the display, sale, lease, rental or repair of commercial, industrial, farm or agricultural equipment and machinery and which may include facilities for the storage and sale of parts accessory to such equipment and machinery, together with the repair, painting and service of such equipment and machinery.

Farm Product Supply Dealer

Shall mean the use of land, building or structure, or part thereof, for the sale and/or storage of seeds, fertilizers, farm equipment or other goods or materials used in agriculture.

Hazardous Waste Management Facility

Shall mean a Waste Transfer Facility, a Waste Processing Facility or a Waste Disposal Facility that handles Hazardous Waste and for which a Certificate of Approval for such purpose under Part V of the Environmental Protection Act is required. A Hazardous Waste Management Facility may also include the storage, transfer or processing of non-hazardous waste.

Hazardous Waste Shall mean materials that are defined as

Hazardous Waste under Ontario Regulation 347 to the Environmental Protection Act.

Home Furnishings Retail Establishment

Shall mean the use of land, building or structure, or part thereof, for the sale or


rental of home furnishings and related supplies, materials or fixtures.

Industrial Administrative Office

Shall mean an office for the management or administration of Manufacturing establishments.

Labour Association Hall

Shall mean the use of land, building or structure, or part thereof, as a meeting place by labour or trade unions and which is operated for the exclusive use of members and their guests and is not open to the general public on an equal basis, and which may include but not be limited to administrative offices, training facilities and meeting rooms. A Labour Association Hall may also include a Trade School.

Landscape Contracting Establishment

Shall mean the use of land, building or structure, or part thereof, where soil, mulch, rock, screening and other similar landscape materials are stored and offered for sale on a wholesale basis, and which may include but not be limited to the storage of related equipment. Accessory snow removal equipment and storage shall also be permitted.

Major Recreational Vehicle Sales and Service Establishment

Shall mean the use of land, building or structure, or part thereof, for the display and retail sale of travel trailers, recreational vehicles and boats and which may include but not be limited to the servicing, repair, cleaning, painting, polishing and greasing of such vehicles, trailers and boats and the sale of accessories and related products and the leasing or renting of such vehicles, but shall not include a Motor Vehicle Sales and Service Establishment.


Motor Vehicle Collision Repair Establishment Shall mean the use of land, building or structure, or part thereof, for the repair of damage to a motor vehicle caused by collision, accident, corrosion or age, and which may also include the reconstruction of motor vehicles, the painting or repainting of motor vehicles, the rebuilding or conversion of automotive engines or engine parts and which may also include an accessory Towing Establishment, but shall not include a Motor Vehicle Gas Bar, Motor Vehicle Service Station, Motor Vehicle Washing Establishment or Motor Vehicle Wrecking Establishment.

Motor Vehicle Stacking Space

Shall mean an area devoted to the waiting or queuing of motor vehicles accessing a drive through facility, separate from any aisle providing access to and from any parking area.

Motor Vehicle Wrecking Establishment

Shall mean the use of land, building or structure, or part thereof, for the storage, dismantling, crushing or demolition of unlicensed, inoperable or derelict Motor Vehicles or Commercial Motor Vehicles and which may include the storage and sale of salvaged material or parts obtained therefrom, but shall not include a Motor Vehicle Collision Repair Establishment, Motor Vehicle Service Station, Motor Vehicle Washing Establishment or a Salvage Yard.

Private Power Generation Facility

Shall mean the use of land, building or structure, or part thereof, for the generation and transmission of heat, steam or electricity, and which may include the sale of electricity back into the grid, but shall not include a Waste Management Facility.


Salvage Yard Shall mean the use of land, building or

structure, or part thereof, for storing, wrecking, dismantling, processing, recycling and selling used goods, wares, materials and which may include, but not be limited to household items, clothing, furniture, paper, bottles, building materials, scrap metal, machinery, heavy equipment or parts thereof, and shall include but not be limited to a Motor Vehicle Wrecking Establishment. A Salvage Yard shall not include a Waste Management Facility.

Surveying, Engineering, Planning or Design Business

Shall mean the use of land, building or structure, or part thereof in which professionals in the field of surveying, engineering, planning or design provide technical consultation, analysis, advisory or administrative services.

Thermal Treatment Shall mean the processing of Waste into

a waste-based fuel and/or the disposal of Waste under controlled conditions by heating or combusting the materials and shall include refuse derived fuel manufacturing and energy from waste activities.

Towing Establishment Shall mean the use of land, building or

structure, or part thereof, for the keeping of tow trucks, and to which disabled or impounded motor vehicles or mobile equipment are taken or towed and stored temporarily until reclaimed, but shall not include a Motor Vehicle Wrecking Establishment or a Salvage Yard.

Trade School Shall mean the use of land, building or

structure, or part thereof, in which specialized instruction in a skilled trade is provided and which may include but not be limited to construction, industrial and motive power trades and Commercial


Motor Vehicle training and which is operated on a financial profit basis, but shall not include a Commercial School or an Educational Establishment.

Transport Terminal Shall mean the use of land, building or

structure, or part thereof, where Commercial Motor Vehicles, trucks, trailers, rail cars or containers are loaded, unloaded, temporarily stored, dispatched or parked for remuneration and may include freight handling facilities related to the trans-shipment of goods, materials or products.

Travel Plaza Shall mean the use of land, building,

structure, or part thereof, catering to the goods movement industry and the traveling public. In addition to the sale of fuels for motor vehicles, recreational vehicles, commercial motor vehicles and heavy motor vehicles and propane dispensing, a Travel Plaza may include a retail store, a restaurant, drivers lounge and personal service uses accessory and subordinate to the Travel Plaza function. Travel Plaza component uses may include, among other things, motor vehicle, recreational vehicle, commercial motor vehicle and heavy motor vehicle parking, a weigh scale, a garage – industrial, and a recreational vehicle, commercial motor vehicle and heavy motor vehicle washing establishment.

Waste Disposal Facility Shall mean the use of land for the

placement or final disposal of Waste under controlled conditions in order to protect environmental and human health and for which a Certificate of Approval for such purpose under Part V of the Environmental Protection Act is required, and shall include but not be limited to: sanitary landfills; Industrial, Commercial and Institutional (ICI) landfills; and, Demolition and Construction (DC)


landfills. A waste disposal facility may also include accessory uses including, but not limited to energy from waste activities.

Waste Management Facility

Shall mean the use of land, building or structure, or part thereof, for the storage, processing or disposition of Waste or Hazardous Waste and for which a Certificate of Approval for such purpose under Part V of the Environmental Protection Act is required. Waste Management Facilities shall include the following uses: Waste Processing Facilities; Waste Transfer Facilities; Hazardous Waste Management Facilities; and, Waste Disposal Facilities.

Waste Processing Facility

Shall mean the use of land, building or structure, or part thereof, for the sorting and processing of waste and recyclable materials and for which a Certificate of Approval for such purpose under Part V of the Environmental Protection Act is required. Waste Processing Facilities shall include but not be limited to: thermal treatment, blue box recyclable recovery facilities, open-air or in-vessel organics processing, wood waste recycling and/or a co-generation energy facility, but shall not include a Motor Vehicle Wrecking Establishment or a Salvage Yard.

Waste Transfer Facility Shall mean the use of land, building or

structure or part thereof, for the temporary storage and collection waste and for which a Certificate of Approval for such purpose under Part V of the Environmental Protection Act is required. A Waste Transfer Facility may also include limited sorting of such waste prior to its transport.


Waste Shall mean materials that are defined as Waste under Part V of the Environmental Protection Act.”

b) That the definition of Communications Establishment be

amended: by deleting the words “an establishment used” between the words

“Shall mean” and “for the broadcasting” and replacing it with the words “the use of land, building or structure, or part thereof,”; and,

by adding the words “and production” between the words “for the broadcasting” and “of information through”.

c) That the definition of Computer, Electronic and Data Processing

Establishment be amended:

by deleting the words “an establishment used for” between the words “Shall mean” and “for the research” and replacing it with the words “the use of land, building or structure, or part thereof,”; and, by deleting the words “and/” between the words “of electronic equipment” and “or software.”.

d) That the definition of Lot Line, Side Lot Line be amended by

adding the words “The Hypotenuse of a Daylight Triangle shall also be a side lot line.” after the words “or rear lot line.”.

e) That the definition of Motor Vehicle Service Station be amended:

by deleting the words “an establishment used” between the words “Shall mean” and “for the sale” and replacing it with the words “the use of land, building or structure, or part thereof,”; by deleting the words “and/” between the words “automotive accessories” and “or convenience goods,”; by adding the word “Establishment,” between the words “Collision Repair” and “Motor Vehicle Sales”; by adding the word “Establishment,” between the words “Sales and Service” and “Motor Vehicle”; and, by deleting the term “Motor Vehicle Car Wash” and replacing it with the term “Motor Vehicle Washing Establishment”.


f) That the definition of Office be amended:

by adding the words “and shall include but not be limited to an Industrial Administrative Office and a Surveying, Engineering, Planning or Design Business,” between the words “offered or performed” and “but shall not include”; and, by deleting the word “a” between the words “Medical Clinic or” and “Medical Office”.

g) That the definition of Planned Business Centre be amended by adding the words “, and where each business establishment has a separate entrance located at grade.” following the words “for lease or occupancy”.

h) That the definition of Private Club or Lodge be amended:

by deleting the words “a building or part of a building used” between the words “Shall mean” and “for social, literary” and replacing it with the words “the use of land, building or structure, or part thereof,”; and,

by adding the words “or a Labour Association Hall” following the words “shall not include a Fitness Club”.

i) That the definition of Science and Technology Establishment be amended:

by deleting the words “an establishment” between the words “Shall

mean” and “where scientific and” and replacing it with the words “the use of land, building or structure, or part thereof,”; and,

by deleting the words “and/” between the words “development,

manufacturing” and “or technical experimentation”. j) That the definition of Tradesperson’s Shop be amended by

deleting the words “a building” between the words “Shall mean” and “in which is provided” and replacing it with the words “the use of land, building or structure, or part thereof,”; and,

by deleting the word “and” between the words “plumbers shop” and “other shops” and replacing it with the word “or”.


k) That the definition of Transportation Depot be amended: by adding the words “, building or structure, or part thereof,”

between the words “the use of land” and “where commercial motor”; and,

by deleting the words “also include” between the words “purpose

and shall” and “courier service facilities” and replacing it with the words “include but not be limited to”.

l) That the definition of “Garden Centre” be deleted and replaced

with the following definition:

“Garden Centre Shall mean the use of land, building or structure, or part thereof, for the display and sale of plants, gardening and landscaping supplies and equipment.”

m) That the definition of “Manufacturing” be deleted and replaced

with the following definition: “Manufacturing Shall mean the production, fabrication,

compounding, processing, packaging, crafting, bottling, packing, recycling or assembling of raw or semi-processed or fully-processed goods or materials, and shall include but not be limited to a Biotechnological Establishment, Computer, Electronic and Data Processing Establishment, Pharmaceutical and Medical Establishment, Printing Establishment and/or a Science and Technology Establishment. Manufacturing may also include a Private Power Generation Facility as an accessory use, but shall not include a Waste Management Facility.”

n) That the definition of “Research and Development

Establishment” be deleted and replaced with the following definition: “Research and Development Establishment

Shall mean the use of land, building or structure, or part thereof, for the purpose of conducting pure and applied research, analysis and experimentation in any field of science, medicine, technology and manufacturing and shall include but not be limited to facilities such as lecture rooms, administrative offices, laboratories, training facilities, display


rooms, pilot plants, prototypical manufacturing, simulating equipment and the like, and service and machine shops to serve the Research and Development Establishment. A Research and Development Establishment shall also include but not be limited to a Biotechnological Establishment, Computer, Electronic and Data Processing Establishment, Laboratory, Pharmaceutical and Medical Establishment, and/or a Science and Technology Establishment.”

o) That the definition of “Warehouse” be deleted and replaced with the following definition: “Warehouse Shall mean the use of land, building or

structure, or part thereof, for the bulk storage or distribution of goods to industrial, commercial or institutional business users or other wholesalers, but shall not include the retailing of goods to the general public. A Warehouse shall not include a Waste Management Facility, Salvage Yard or Towing Establishment.”

3. That SECTION 4: GENERAL PROVISIONS of By-law 05-200 is hereby

amended as follows:

a) That Section 4.12 VACUUM CLAUSE is amended by adding the following new subsection:

“c) Notwithstanding any other provisions of this By-law, any lot

within the Industrial Zones of this By-law and the location thereon of any building or structure, existing on the effective date of this By-law, shall be deemed to comply with the regulations for any required setbacks, front yard, flankage yard, rear yard, lot width, lot area and building height and are permitted by this By-law.”

b) That the following new Sections be added:


“4.23 SPECIAL SETBACKS

Notwithstanding any other provisions in this By-law, the following Special Setbacks shall apply:

a) Setback from a Provincial Highway Right-of-Way

All buildings, structures, required parking areas and storm water management facilities located on a property shall be setback a minimum of 14.0 metres from a Provincial Highway Right-of-Way.

b) Setback from a Railway Right-of-Way

All buildings or structures within a Residential Zone or an Institutional Zone shall be setback a minimum of 30.0 metres from a Railway Right-of-Way.

c) Setback from a TransCanada Pipeline Right-of-

Way All buildings or structures located on a property shall be setback a minimum of 10.0 metres from a TransCanada Pipeline Right-of-Way.

d) Setback from a Conservation/Hazard Land (P5)

Zone All buildings or structures located on a property shall be setback a minimum of 7.5 metres from a P5 Zone boundary line.

4.24 CONSERVATION AUTHORITY REGULATION AREA

Lands shown on Schedule “A” – Zoning Maps as “CA Regulation Area” are subject to additional regulation by the applicable Conservation Authority. Landowners are advised to contact the appropriate Conservation Authority prior to any development or site alteration within the area subject to the Conservation Authority Regulation in order to determine approval requirement(s).

These boundaries are intended for information and reference purposes, and are subject to change from time to time without requiring amendment to this By-law.

4.25 DRIVE THROUGH REGULATIONS


a) Notwithstanding any other provisions in this By-law, every drive through shall provide the following minimum number of stacking spaces from the service window:

i) Restaurant – 12 spaces

ii) All other uses – 3 spaces

b) No stacking space shall be less than 2.6 metres in

width by 6.0 metres in length, unless otherwise provided for in this By-law.”

4. That SECTION 5: PARKING of By-law 05-200 is hereby amended as

follows:

a) That Section 5.2 DESIGN STANDARDS is amended by adding the following new subsection:

“5.2.1 LOCATION OF LOADING FACILITIES

The location of loading doors and associated loading facilities shall be subject to the following:

a) Shall not be permitted within a Front Yard;

b) Shall not be permitted in any yard abutting a street,

except where screened from view by a Visual Barrier in accordance with Section 4.19 of this By-law; and,

c) Shall not be permitted in a required yard abutting a

Residential Zone or an Institutional Zone and shall be screened from view by a Visual Barrier in accordance with Section 4.19 of this By-law.“

b) That Section 5.6 c) Parking Schedule for All Zones, except the

Downtown Zones is amended by adding the following new parking requirements to subsection iv. Commercial Uses:

Building and Lumber Supply Establishment; Building or Contracting Supply Establishment

1 for each 30.0 square metres of gross floor area, which accommodates the Office, Retail and Showroom component of the use.

Conference or Convention Centre

1 for each 30.0 square metres of gross floor area, which


accommodates such use.

Courier Establishment 1 for each 30.0 square metres of gross floor area which accommodates the Office component of the use.

Financial Establishment 1 for each 30.0 square metres of gross floor area, which accommodates such use.

Hotel 1 for each guest suite.

Medical Clinic, Medical Office

1 for each 16.0 square metres of gross floor area, which accommodates such use.

Motor Vehicle Service Station

4 for each service bay.

Office 1 for each 30.0 square metres of gross floor area which accommodates such use.

Personal Services 1 for each 16.0 square metres of gross floor area which accommodates such use. i) 1 for each 8.0 square metres

of gross floor area which accommodates such use.

Restaurant

ii) Notwithstanding i) above, where there are no seats provided for dining purposes, a minimum of 3 spaces shall be required.

Retail 1 for each 20.0 square metres of gross floor area which accommodates such use.

Transportation Depot 1 for each 30.0 square metres of gross floor area which


accommodates the Office component of the use.

Warehouse 1 for each 30.0 square metres of gross floor area which accommodates the Office component of the use.”

c) That Section 5.6c) Parking Schedule for All Zones, except the

Downtown Zones is amended by deleting the following parking requirements in subsection v. Industrial Uses:

“Biotechnological Establishment; Communications Establishment; Computer, Electronic and Data Processing Establishment; Laboratory; Pharmaceutical and Medical Establishment; Printing Establishment; Research and Development Establishment (not located in a M1 Zone); Science and Technology Establishment


Manufacturing; Warehouse

1 for each 115.0 square metres of gross floor area, which accommodates such use.”

d) That Section 5.6c) Parking Schedule for All Zones, except the

Downtown Zones is amended by adding the following new parking requirements to subsection v. Industrial Uses:

“Bulk Fuel and Oil Storage 1 for each 30.0 square metres of

gross floor area, which accommodates the Office component of the use.

Commercial Motor Vehicle Sales, Rental and Service

1 for each 115.0 square metres of gross floor area, which


Establishment accommodates such use.

Commercial Motor Vehicle Washing Establishment

4 for each service bay.

Communications Establishment


Dry Cleaning Plant 1 for each 115.0 square metres of gross floor area, which accommodates such use.

Equipment and Machinery Sales, Rental and Service Establishment


Industrial Administrative Office


Laboratory 1 for each 50.0 square metres of gross floor area, which accommodates such use.

Labour Association Hall 1 for each 30.0 square metres of gross floor area, which accommodates such use.

Landscape Contracting Establishment


Manufacturing

1 for each 30.0 square metres of gross floor area which accommodates the Office component of the use, plus 1 for each 200.0 square metres of gross floor area, which accommodates the remainder of the use.

Motor Vehicle Collision Repair Establishment


Planned Business Centre within an Industrial Zone,

1 for each 50.0 square metres of the gross floor area.


except an M4 Zone

i) 1 for each 30.0 square metres of the gross floor area.

ii) In addition to i) above, where a Restaurant occupies more than 30 percent of the gross floor area of the planned business centre, the specific parking requirement for the Restaurant shall be required in addition to the planned business centre requirement for the remaining gross floor area of the planned business centre.

Planned Business Centre within an M4 Zone

iii) In addition to i) above, where a Medical Office or a Medical Clinic occupies more than 30 percent of the gross floor area of the planned business centre, the specific parking requirement for the Medical Office or Medical Clinic shall be required in addition to the planned business centre requirement for the remaining gross floor area of the planned business centre.

Private Power Generation Facility

1 for each 30.0 square metres of gross floor area which accommodates the Office component of the use.

Repair Service 1 for each 30.0 square metres of gross floor area which accommodates the Office, Retail and Showroom component of the use.

Research and Development Establishment within an

1 for each 50.0 square metres of gross floor area which


Industrial Zone, except an M1 Zone

accommodates such use.

Salvage Yard 1 for each 30.0 square metres of gross floor area which accommodates the Office and Retail component of the use.

Surveying, Engineering, Planning or Design Business

1 for each 30.0 square metres of gross floor area which accommodates such use.

Towing Establishment 1 for each 30.0 square metres of gross floor area which accommodates the Office component of the use.

Trade School 1 for each 30.0 square metres of gross floor area which accommodates such use.

Tradesperson’s Shop 1 for each 30.0 square metres of gross floor area, which accommodates the Office, Retail and Showroom component of the use.

Transport Terminal 1 for each 30.0 square metres of gross floor area which accommodates the Office component of the use.

Waste Management Facility 1 for each 30.0 square metres of gross floor area which accommodates the Office component of the use, plus 1 for each 200.0 square metres of gross floor area, which accommodates the remainder of the use.”

5. That SECTION 9: INDUSTRIAL ZONES of By-law 05-200 is hereby

amended by adding the following new subsections:


“9.2 GENERAL BUSINESS PARK (M2) ZONE No person shall erect, or use any building in whole or in part, or use any land in whole or in part, within an Industrial (M2) Zone for any purpose other than one or more of the following uses, or uses accessory thereto. Such erection or use shall also comply with the prescribed regulations: 9.2.1 PERMITTED USES

Animal Shelter Building and Lumber Supply

Establishment Building or Contracting Supply

Establishment Commercial Motor Vehicle Sales, Rental

and Service Establishment Communications Establishment Courier Establishment Dry Cleaning Plant Equipment and Machinery Sales, Rental

and Service Establishment Industrial Administrative Office Laboratory Labour Association Hall Landscape Contracting Establishment Manufacturing Motor Vehicle Collision Repair

Establishment Private Power Generation Facility Repair Service Research and Development

Establishment Surveying, Engineering, Planning or

Design Business Trade School Tradesperson’s Shop Transport Terminal Warehouse Waste Processing Facility Waste Transfer Facility

9.2.2 PROHIBITED USES

i) Notwithstanding Section 9.2.1, the following types of manufacturing uses are prohibited, except if these uses are considered only as an accessory use to another permitted manufacturing use:


Beverage Distillation Breweries Manufacturing of Asbestos,

Phosphate or Sulphur Products

Primary Production of Chemicals, Synthetic Rubber or Plastic

Processing or Refining of Petroleum or Coal

Processing, Milling or Packaging of Animal Feed

Salvage Yard Slaughtering, Eviscerating,

Rendering or Cleaning of Meat, Poultry or Fish or by-products thereof

Smelting of Ore or Metal Tanning or Chemical Processing of

Pelts or Leather Vulcanizing of Rubber or Rubber

Products Explosives Manufacturing Pulp and Paper Mills

ii) Notwithstanding Section 9.2.1, the

following uses are prohibited, even as accessory uses:

Day Nursery Dwelling Unit

9.2.3 REGULATIONS

a) Minimum Lot Area 4000.0 square metres

b) Minimum Lot Width 60.0 metres

c) Minimum Yard Abutting a

Street 3.0 metres

d) Landscaped Area and Planting Strip Requirements

i) iiiiiiiMinimum 3.0 metre wide Landscaped Area shall be provided and maintained abutting a street, except for points of ingress and egress;


ii) iIn addition to i) above, where a

parking space, aisle or driveway is located in a Yard abutting a Street, a minimum 3.0 metre wide Planting Strip shall be required and maintained between the said parking space, aisle or driveway and a street, except for points of ingress and egress.

e) Location and Screening of

Outdoor Storage and Outdoor Assembly

Outdoor Storage and Outdoor Assembly of goods, materials or equipment shall be permitted only as an accessory use and the following regulations shall apply:

i) Outdoor Storage and Outdoor

Assembly shall not be permitted in a Front Yard or a required Flankage Yard;

ii)iiiiiOutdoor Storage and Outdoor

Assembly shall not exceed 85% of the total lot area;

iii)iiiiOutdoor Storage and Outdoor

Assembly shall be screened from view from any abutting street by a Visual Barrier in accordance with Section 4.19 of this By-law.

f) Location of Outdoor Display

Outdoor Display of goods, materials or equipment shall be permitted only as an accessory use and shall be permitted in a yard abutting a street, but shall be no closer than 3.0 metres to the lot line.

g) Location Restriction of

Waste Processing Facility and Waste Transfer Facility

In addition to the Regulations of Section 9.2.3, any building, structure or land used for a Waste Processing Facility or a Waste Transfer Facility, shall be located a minimum of 300.0 metres from a Residentially Zoned or Institutionally Zoned property lot line.

h) Maximum Gross Floor Area An Industrial Administrative Office or a


for Industrial Administrative Office or Surveying, Engineering, Planning or Design Business

Surveying, Engineering, Planning or Design Business shall be limited to a gross floor area of less than 10,000 square metres on a lot.

i) Maximum Combined Gross

Floor Area for Accessory Retail and Showroom Area

25% of the gross floor area of the principal use or 500.0 square metres gross floor area, whichever is the lesser.

j) Parking In accordance with the requirements of

Section 5 of this By-law.

k) Accessory Buildings In accordance with the requirements of Section 9.2.3 of this By-law.

9.3 PRESTIGE BUSINESS PARK (M3) ZONE

No person shall erect, or use any building in whole or in part, or use any land in whole or in part, within an Industrial (M3) Zone for any purpose other than one or more of the following uses, or uses accessory thereto. Such erection or use shall also comply with the prescribed regulations: 9.3.1 PERMITTED USES

Building and Lumber Supply



and Service Establishment Communications Establishment Conference or Convention Centre Courier Establishment Equipment and Machinery Sales, Rental

and Service Establishment Hotel Industrial Administrative Office Laboratory Labour Association Hall Manufacturing Motor Vehicle Collision Repair

Establishment Motor Vehicle Service Station Office Private Power Generation Facility Repair Service Research and Development


Establishment Surveying, Engineering, Planning or

Design Business Trade School Tradesperson’s Shop Transport Terminal Transportation Depot Warehouse


i) Notwithstanding Section 9.3.1, the following types of manufacturing uses are prohibited, even as an accessory use:



Primary Production of Chemicals, Synthetic Rubber, Plastic, Asphalt or Cement, not including mixing, blending, treatment or similar process








ii) Notwithstanding Section 9.3.1, the following uses are prohibited, even as accessory uses:

Day Nursery


Dwelling Unit Place of Worship

9.3.3 REGULATIONS



c) Yard Abutting a Street i) Minimum 6.0 metres; ii) Maximum 25.0 metres.

d) Minimum Yard Abutting a Residential Zone or an Institutional Zone

6.0 metres from any portion of a property lot line abutting a property lot line within a Residential Zone or an Institutional Zone.

e) i) 11.0 metres;

Maximum Building Height Abutting a Residential Zone or an Institutional Zone

ii) In addition to i) above, maximum building height may be equivalently increased as yard increases beyond minimum yard requirement established in 9.3.3 d) above.

f) Location Restriction of

Manufacturing Uses Any building or structure used for Manufacturing shall be setback a minimum 20.0 metres from any portion of a property lot line abutting a property lot line within a Residential Zone or an Institutional Zone.

g) Restriction of Outdoor

Training Facilities associated with a Trade School

Any outdoor training facilities shall be prohibited.

h) Gross Floor Area for Office

Use Maximum gross floor area for Office use within an individual building, excluding accessory office, shall be limited to 3,000 square metres.

i) Maximum Gross Floor Area

for Industrial Administrative Office or Surveying, Engineering, Planning or

An Industrial Administrative Office or a Surveying, Engineering, Planning or Design Business shall be limited to a gross floor area of less than 10,000


Design Business square metres on a lot.

j) Landscaped Area and Planting Strip Requirements

i) Minimum 6.0 metre wide Landscaped Area shall be provided and maintained abutting a street, except for points of ingress and egress;

ii) In addition to i) above, within the 6.0

metre Landscaped Area, a minimum 3.0 metre wide Planting Strip shall be required and maintained between parking spaces, aisles or driveways and a street, except for points of ingress and egress;

iii) In addition to i) above, for properties

adjacent to Trinity Church Road, south of Rymal Road East, a minimum 6.0 metre wide Landscaped Area shall be provided and maintained;

iv) Where a property lot line abuts a

property lot line within a Residential Zone or an Institutional Zone, a minimum 3.0 metre wide Planting Strip shall be provided and maintained.

k) Visual Barrier i) Shall be provided along that portion of

a property lot line abutting a property lot line within a Residential Zone or an Institutional Zone, in accordance with Section 4.19 of this By-law;

ii) In addition to i) above, for properties

adjacent to Trinity Church Road, south of Rymal Road East, a Visual Barrier shall be required within the Landscaped Area provided in Section 9.3.3 j) above.

l) Location and Screening of






ii) iIn addition to i) above, Outdoor

Storage and Outdoor Assembly shall not be permitted in a Flankage Yard along the following streets:

Barton Street/Barton Street East Dickenson Road East Fruitland Road Garner Road West Highway No. 5 West Highway No. 6 Rymal Road East Shaver Road South Service Road Stone Church Road East Trinity Church Road Extension Trinity Road Upper Ottawa Street Wilson Street West



iv)QiOutdoor Storage and Outdoor

Assembly shall be set back a minimum of 20.0 metres from any portion of a property lot line abutting a property lot line within a Residential Zone or an Institutional Zone, and shall be screened by a Visual Barrier in accordance with Section 4.19 of this By-law;

v)iQiOutdoor Storage and Outdoor



m) Location and Size of Outdoor Display

Outdoor Display of goods, materials or equipment shall be permitted only as an accessory use and the following regulations shall apply:

i) Outdoor Display shall be permitted in

a yard abutting a street, but shall be no closer than 3.0 metres to the lot line;

ii) In addition to i) above, the area

devoted to Outdoor Display shall be limited to a combined maximum of 25% of the Landscaped Area.

n) Maximum Gross Floor Area

for Accessory Retail and Showroom Area


o) Restriction of Access to

Trinity Church Road Access to Trinity Church Road, south of Rymal Road East, shall be prohibited for all new development.

p) Parking

In accordance with the requirements of Section 5 of this By-law.

q) Accessory Buildings i) In accordance with the requirements

of Section 9.3.3 of this By-law; ii) Notwithstanding i) above, Section

9.3.3 c) ii) shall not apply. 9.4 BUSINESS PARK SUPPORT (M4) ZONE

No person shall erect, or use any building in whole or in part, or use any land in whole or in part, within an Industrial (M4) Zone for any purpose other than one or more of the following uses, or uses accessory thereto. Such erection or use shall also comply with the prescribed regulations: 9.4.1 PERMITTED USES Building and Lumber Supply



and Service Establishment


Communications Establishment Conference or Convention Centre Courier Establishment Equipment and Machinery Sales, Rental

and Service Establishment Financial Establishment Hotel Industrial Administrative Office Laboratory Labour Association Hall Manufacturing Medical Clinic Medical Office Motor Vehicle Collision Repair

Establishment Motor Vehicle Service Station Office Personal Services Private Power Generation Facility Repair Service Research and Development

Establishment Restaurant Retail Surveying, Engineering, Planning or






Primary Production of Chemicals, Synthetic Rubber, Plastic, Asphalt or Cement, not


including mixing, blending, treatment or similar process





Smelting of Ore or Metal Tanning or Chemical Processing

of Pelts or Leather Vulcanizing of Rubber or Rubber




Day Nursery Dry Cleaning Plant Dwelling Unit Place of Worship

9.4.3 REGULATIONS



c) Yard Abutting a Street i) Minimum 6.0 metres;

ii) Maximum 25.0 metres.



e) Maximum Building Height

Abutting a Residential Zone i) 11.0 metres;


or an Institutional Zone

ii) In addition to i) above, maximum

building height may be equivalently increased as yard increases beyond minimum yard requirements established in 9.4.3 d) above.






h) Maximum Combined Gross

Floor Area for Medical Clinic and Medical Office

Shall be limited to a combined total of 3,000 square metres gross floor area on a lot.

i) Gross Floor Area for Office


j) Maximum Gross Floor Area


An Industrial Administrative Office or a Surveying, Engineering, Planning or Design Business shall be limited to a gross floor area of less than 10,000 square metres on a lot.

k) Size and Location Restriction for Supportive Commercial Uses

i) The following uses shall only be permitted on the ground floor of a building or be located at grade on any lot:

Financial Establishment Personal Services


Restaurant Retail

ii) An individual Retail Establishment

shall be restricted to a maximum gross floor area of 500.0 square metres.

l) Landscaped Area and

Planting Strip Requirements

i)LLMinimum 6.0 metre wide Landscaped Area shall be provided and maintained abutting a street, except for points of ingress and egress;

ii) In addition to i) above, within the 6.0

metre Landscaped Area, a minimum 3.0 metre wide Planting Strip shall be required and maintained between parking spaces, aisles or driveways and a street, except for points of ingress and egress;

iii) iWhere a property lot line abuts a

property lot line within a Residential Zone or an Institutional Zone, a minimum 3.0 metre wide Planting Strip shall be provided and maintained.

m) Visual Barrier Shall be provided along that portion of a

property lot line abutting a property lot line within a Residential Zone or an Institutional Zone, in accordance with Section 4.19 of this By-law.

n) Location and Screening of





ii) iIn addition to i) above, Outdoor


Storage and Outdoor Assembly shall not be permitted in a Flankage Yard along the following streets:

Barton Street/Barton Street East Dickenson Road East Fruitland Road Garner Road West Highway No. 5 West Highway No. 6 Rymal Road East Shaver Road South Service Road Stone Church Road East Trinity Church Road Extension Trinity Road Upper Ottawa Street Wilson Street West



iv) Outdoor Storage and Outdoor


v) Outdoor Storage and Outdoor


o) Location and Size of

Outdoor Display

Outdoor Display of goods, materials or equipment shall be permitted only as an accessory use and the following regulations shall apply:

i) L Outdoor Display shall be permitted

in yard abutting a street, but shall


be no closer than 3.0 metres to the lot line;

ii) In addition to i) above, the area

devoted to Outdoor Display shall be limited to a combined maximum of 25% of the Landscaped Area.

p) Maximum Gross Floor Area


25% of the gross floor area of the principal use or 500 square metres gross floor area, whichever is the lesser.

q) Parking


r) Accessory Buildings i) In accordance with the requirements

of Section 9.4.3 of this By-law; ii) iNotwithstanding i) above, Section

9.4.3 c) ii) shall not apply. 9.5 GENERAL INDUSTRIAL (M5) ZONE

No person shall erect, or use any building in whole or in part, or use any land in whole or in part, within an Industrial (M5) Zone for any purpose other than one or more of the following uses, or uses accessory thereto. Such erection or use shall also comply with the prescribed regulations: 9.5.1 PERMITTED USES

Building and Lumber Supply Establishment


Bulk Fuel and Oil Storage Establishment Commercial Motor Vehicle Sales, Rental

and Service Establishment Commercial Motor Vehicle Washing

Establishment Commercial Parking Facility Communications Establishment Courier Establishment Dry Cleaning Plant Equipment and Machinery Sales, Rental

and Service Establishment Financial Establishment


Industrial Administrative Office Laboratory Labour Association Hall Landscape Contracting Establishment Manufacturing Motor Vehicle Collision Repair

Establishment Motor Vehicle Service Station Motor Vehicle Washing Establishment Office Private Power Generation Facility Repair Service Research and Development

Establishment Restaurant Salvage Yard Surveying, Engineering, Planning or

Design Business Towing Establishment Trade School Tradesperson’s Shop Transport Terminal Warehouse Waste Processing Facility Waste Transfer Facility

9.5.2 PROHIBITED USES Notwithstanding Section 9.5.1, the

following uses are prohibited, even as accessory uses: Day Nursery Dwelling Unit

9.5.3 REGULATIONS



c) Minimum Yard Abutting a Street

3.0 metres

d) Planting Strip Abutting a

Street

Minimum 3.0 metre wide Planting Strip shall be provided and maintained abutting Burlington Street and Windemere Road,


except for points of ingress and egress, and shall not include outdoor display.

e) Limitation on Outdoor

Storage and Outdoor Assembly

Outdoor Storage and Outdoor Assembly shall not exceed 85% of the total lot area.

f) Gross Floor Area for Office


g) Maximum Gross Floor Area



h) Location Restriction of Waste

Processing Facility and Waste Transfer Facility

In addition to the regulations of Section 9.5.3, any building, structure or land used for a Waste Processing Facility or a Waste Transfer Facility, shall be located a minimum of 300.0 metres from a Residentially Zoned or Institutionally Zoned property lot line.

i) Maximum Gross Floor Area



j) Parking


k) Accessory Buildings In accordance with the requirements of

Section 9.5.3 of this By-law. 9.6 LIGHT INDUSTRIAL (M6) ZONE

No person shall erect, or use any building in whole or in part, or use any land in whole or in part, within an Industrial (M6) Zone for any purpose other than one or more of the following uses, or uses accessory thereto. Such erection or use shall also comply with the prescribed regulations:


9.6.1 PERMITTED USES

Building and Lumber Supply Establishment


Commercial Motor Vehicle Sales, Rental and Service Establishment

Commercial Parking Facility Communications Establishment Conference or Convention Centre Courier Establishment Equipment and Machinery Sales, Rental

and Service Establishment Financial Establishment Hotel Industrial Administrative Office Laboratory Labour Association Hall Manufacturing Medical Clinic Medical Office Motor Vehicle Collision Establishment Motor Vehicle Service Station Motor Vehicle Washing Establishment Office Personal Services Private Power Generation Facility Repair Service Research and Development

Establishment Restaurant Surveying, Engineering, Planning or




Beverage Distillation


Breweries Manufacturing of Asbestos,


Primary Production of Chemicals, Synthetic Rubber, Plastic, Asphalt or Cement, not including mixing, blending, treatment or similar process










Day Nursery Dry Cleaning Plant Dwelling Unit Place of Worship

9.6.3 REGULATIONS



c) Minimum Yard Abutting a

Street 3.0 metres




e) Maximum Building Height

Abutting a Residential Zone or an Institutional Zone

i) 11.0 metres;

ii) In addition to i) above, maximum

building height may be equivalently increased as yard increases beyond minimum yard requirement established in 9.6.3 d) above.






h) Maximum Combined Gross

Floor Area for Medical Clinic and Medical Office

Shall be limited to a combined total of 3,000 square metres gross floor area on a lot.

i) Gross Floor Area for Office


j) Maximum Gross Floor Area



k) Landscaped Area and

Planting Strip Requirements

i) ailMinimum 3.0 metre wide Landscaped Area shall be provided and maintained abutting a street, except for points of ingress and egress;


ii) Where a property lot line abuts a property lot line within a Residential Zone or an Institutional Zone, a minimum 3.0 metre wide Planting Strip shall be provided and maintained.

l) Visual Barrier Shall be provided along that portion of a

property lot line abutting a property lot line within a Residential Zone or an Institutional Zone, in accordance with Section 4.19 of this By-law.

m) Location and Screening of




Assembly shall not be permitted in a required yard abutting a street;

ii)i In addition to i) above, Outdoor

Storage and Outdoor Assembly shall not be permitted in a Front Yard or a Flankage Yard along Barton Street/Barton Street East;



iv)iiiOutdoor Storage and Outdoor


v) Outdoor Storage and Outdoor

Assembly shall be screened from view from any abutting street by a Visual Barrier in accordance with


Section 4.19 of this By-law.

n) Location and Size of

Outdoor Display

Outdoor Display of goods, materials or equipment shall be permitted only as an accessory use and shall be permitted in a yard abutting a street, but shall be no closer than 3.0 metres to the lot line.

o) Maximum Gross Floor Area



p) Parking


q) Accessory Buildings In accordance with the requirements of

Section 9.6.3 of this By-law.” 6. That Schedule “A” – Zoning Maps of By-law 05-200 is hereby amended as

follows:

a) by including the Industrial Zone boundaries, as shown on the Maps numbered 514-515, 548-549, 580-582, 611-613, 642, 749-751, 789-792, 817, 828-834, 859, 870-877, 908, 912-919, 948-949, 955-962, 990-992, 1000-1004, 1046-1051, 1093-1099, 1144-1150, 1198-1204, 1238, 1254-1260, 1309-1313, 1347-1348, 1399-1400, 1433-1435, 1450-1453, 1481-1484, 1498-1501, 1528-1531, 1545-1548, 1573-1574, 1590-1593, 1634-1637, 1676-1678 and 1717, attached in Schedule “1” of this By-law;

b) by including the Open Space and Park Zone boundaries, as shown

on the Maps numbered 549, 580- 581, 582, 611-612, 749-751, 790-792, 830, 832-833, 873-877, 915-916, 918-919, 948-949, 961-962, 990-991, 1003-1004, 1047, 1049-1050, 1093, 1095-1096, 1256, 1313, 1399-1400, 1433, 1450-1452, 1482-1484, 1500-1501, 1528-1531, 1547-1548, 1590-1591, 1634-1635, 1676, attached in Schedule “1” of this By-law;

c) that Zone Maps 1003 and 1047 be amended by changing the

zoning from the Neighbourhood Institutional (I1) Zone to the Light Industrial (M6, 366) Zone, for the property known as 734 Rennie Street, the extent and boundaries of which are shown on Schedule “2” annexed hereto and forming part of this By-law.


d) that Zone Map 950 be amended by changing the zoning from the

Research and Development (M1) Zone to the Research and Development (M1, 363) Zone, for the property known as 95 Frid Street, the extent and boundaries of which are shown on Schedule “3” annexed hereto and forming part of this By-law.

e) that Zone Map 1451 be amended by changing the zoning from the

Neighbourhood Institutional (I1) Zone to the Prestige Business Park (M3, 369) Zone, for the property known as 1338 Stone Church Road East, the extent and boundaries of which are shown on Schedule “4” annexed hereto and forming part of this By-law.

f) that Zone Map 1003 be amended by changing the zoning from the

Community Park (P2) Zone to the Light Industrial (M6) Zone, for the property located at the north east corner of Woodward Avenue and Brampton Street (Woodward Wastewater Treatment Plant), the extent and boundaries of which are shown on Schedule “5” annexed hereto and forming part of this By-law.

g) that Zone Maps 919 and 961 be amended by changing the zoning

from the Community Park (P2) Zone to the Light Industrial (M6) Zone, for the property located at the south east corner of Woodward Avenue and Burlington Street East (Woodward Wastewater Treatment Plant), the extent and boundaries of which are shown on Schedule “6” annexed hereto and forming part of this By-law.

h) that Zone Maps 961 and 962 be amended by changing the zoning

from the Community Park (P2) Zone to the Light Industrial (M6) Zone and Conservation/Hazard Land (P5) Zone, for a portion of the property known as 700 Woodward Avenue (Woodward Wastewater Treatment Plant), the extent and boundaries of which are shown on Schedule “7” annexed hereto and forming part of this By-law.

i) that Zone Maps 919, 961 and 962 be amended by changing the

zoning from the Neighbourhood Institutional (I1) Zone to the Light Industrial (M6) Zone and Conservation/Hazard Land (P5) Zone, for a portion of the property known as 700 Woodward Avenue (Woodward Wastewater Treatment Plant), the extent and boundaries of which are shown on Schedule “8” annexed hereto and forming part of this By-law.

7. That Schedule “C” – Special Exceptions of By-law 05-200 is hereby

amended by adding additional Special Exceptions as follows:


“350. In addition to the uses permitted in Section 9.6.1, on those lands zoned Light Industrial (M6) Zone, identified on Maps 870, 871, 913, 914, 915, 916, 956, 957, 958, 959, 1000, 1001 and 1002 of Schedule “A” – Zoning Maps and described as addresses: 480 Kenilworth Avenue North (Maps 958, 959, 1000, 1001) 560 Ottawa Street North (Maps 915, 916, 957, 958) 464 Rennie Street (Map 1002) 245 Lottridge Street (Maps 913, 914, 956) 495 Wentworth Street North (Maps 870, 871) 217-223 Lottridge Street, 103 Clinton Street (Map 956) the existing Waste Management Facility shall also be permitted.

351. Notwithstanding Section 9.5.3 h), on those lands zoned General Industrial (M5) Zone, identified on Maps 871, 914, 959, 960, 1001 and 1002 of Schedule “A” – Zoning Maps and described as addresses: 77 Brant Street (Map 871) 15 Biggar Avenue (Map 914) 1640 Brampton Street (Maps 959, 960, 1001, 1002) the existing Waste Management Facility shall also be permitted.

352. In addition to the uses permitted in Section 9.3.1, on those lands zoned Prestige Business Park (M3) Zone, identified on Maps 1147 and 1198 of Schedule “A” – Zoning Maps and described as 331-337 Leaside Avenue, the existing Waste Management Facility shall also be permitted.

353. Notwithstanding Section 9.2.3 g), on those lands zoned General

Business Park (M2) Zone, identified on Map 1201 of Schedule “A” – Zoning Maps and described as 350 Jones Road, the existing Waste Management Facility shall also be permitted.

354. In addition to the uses permitted in Section 9.3.1, on those lands

zoned Prestige Business Park (M3) Zone, identified on Maps 1634, 1676 and 1677 of Schedule “A” – Zoning Maps and described as addresses:

899 Nebo Road (Maps 1634, 1676, 1677) 900 Nebo Road (Maps 1676) a Waste Processing Facility and a Waste Transfer Facility shall also

be permitted.


355. In addition Section 9.6.1 and Section 9.6.3, on those lands zoned Light Industrial (M6) Zone, identified on Maps 871 and 913 of Schedule “A” – Zoning Maps and described as 70 Brant Street and 6 Hillyard Street, a Waste Processing Facility shall also be permitted, subject to the following special provisions:

a. the Waste Processing Facility shall be limited to the processing

of latex paint; and, b. the Waste Processing Facility shall only be permitted within the

existing building.

356. Notwithstanding Section 9.2.3 g), on those lands zoned General Business Park (M2) Zone, identified on Map 1147 of Schedule “A” – Zoning Maps and described as 384-390 Millen Road, a Waste Processing Facility shall also be permitted.


zoned Light Industrial (M6) Zone, identified on Maps 914 and 956 of Schedule “A” – Zoning Maps and described as 239 Lottridge Street, the existing Hazardous Waste Management Facility shall also be permitted.


zoned General Industrial (M5) Zone, identified on Maps 871, 913 and 914 of Schedule “A” – Zoning Maps and described as addresses: 227 Brant Street (Maps 871, 913, 914) 52 Imperial Street (Map 914) the existing Hazardous Waste Management Facility shall also be permitted.

359. In addition to the uses permitted in Section 9.3.1, on those lands zoned Prestige Business Park (M3) Zone, identified on Maps 1498 and 1499 of Schedule “A” – Zoning Maps and described as 1650 Upper Ottawa Street, the existing Hazardous Waste Management Facility shall also be permitted.

360. In addition to the uses permitted in Section 9.2.1 and Section 9.3.1,

on those lands zoned General Business Park (M2) Zone and Prestige Business Park (M3) Zone, identified on Maps 1481 and 1528 of Schedule “A” – Zoning Maps and described as 1574 Wilson Street West, Units 1, 2 and 3, the existing Hazardous Waste Management Facility shall also be permitted.


361. In addition to the uses permitted in Section 9.3.1, on those lands zoned Prestige Business Park (M3) Zone, identified on Maps 1050, 1051, 1096 and 1097 of Schedule “A” – Zoning Maps and described as 144-190 South Service Road, Units 162-178, a Hazardous Waste Management Facility shall also be permitted.


on those lands zoned Prestige Business Park (M3) Zone and General Industrial (M5) Zone, identified on Maps 1048, 1499 and 1546 of Schedule “A” – Zoning Maps and described as addresses:

37 Kilbride Road (Maps 1499, 1546)

460 Kenora Avenue (Map 1048) a Waste Management Facility shall also be permitted.

363. In addition to the uses permitted in Section 9.1.1, Section 9.2.1 and

Section 9.3.1, on those lands zoned Research and Development (M1) Zone, General Business Park (M2) Zone and Prestige Business Park (M3) Zone, identified on Maps 950, 1096, 1482 and 1501 of Schedule “A” – Zoning Maps and described as addresses:

95 Frid Street (Map 950) 1330 Sandhill Drive (Map 1482)

30 Harlowe Road (Map 1501) 456 Grays Road (Map 1096)

a Gymnastics Studio shall also be permitted.


zoned Prestige Business Park (M3) Zone, identified on Maps 1147 and 1198 of Schedule “A” – Zoning Maps and described as 371-383 Barton Street, a Restaurant shall also be permitted.


zoned Prestige Business Park (M3) Zone, identified on Maps 1450 and 1451 of Schedule “A” – Zoning Maps and described as 45 Nebo Road, a Pet Food Store shall also be permitted.

366. In addition to the uses permitted in Section 9.6.1 and notwithstanding

Section 9.6.2 ii), on those lands zoned Light Industrial (M6) Zone, identified on Maps 956, 957, 1003 and 1047 of Schedule “A” – Zoning Maps and described as addresses:

734 Rennie Street (Maps 1003, 1047)

29 Linden Street (Maps 956, 957)


the existing Place of Worship shall also be permitted. 367. In addition to Section 9.2.3, on those lands zoned General Business

Park (M2) Zone, identified on Map 1200 of Schedule “A” – Zoning Maps and described as 30 Sunnyhurst Avenue, an accessory garage to the existing single detached dwelling shall also be permitted, subject to the following Regulations:

a. Maximum Size

67.0 square metres

b. Minimum Side Yard 1.2 metres

c. Minimum Rear Yard 7.0 metres

d. Maximum Building Height

i) 5.5 metres;

ii) In addition to i) above, the maximum height of the underside of any fascia eaves, overhang or the lower ends of the roof joists, rafters or trusses shall be 3.0 metres.

e. Location Restriction The accessory garage shall not be

permitted in the required Front Yard. 368. In addition to the uses permitted in Section 9.3.1, on those lands

zoned Prestige Business Park (M3) Zone, identified on Map 1499 of Schedule “A” – Zoning Maps and described as 1275 Rymal Road East and 230 Lancing Drive, the following uses shall also be permitted:

a. Medical Office b. Medical Clinic c. Home Furnishings Retail Establishment d. Restaurant 369. In addition to the uses permitted in Section 9.2.1, Section 9.3.1 and

Section 9.4.1 and notwithstanding Section 9.3.2 ii) and 9.4.2 ii), on those lands zoned General Business Park (M2) Zone, Prestige Business Park (M3) Zone and Business Park Support (M4) Zone, identified on Maps 1096, 1145, 1450, 1451, 1452, 1501, 1547, 1548


and 1592 of Schedule “A” – Zoning Maps and described as addresses:

1338 Stone Church Road East (Map 1451) 1545 Stone Church Road East (Map 1452) 1150 Stone Church Road East (Map 1450) 60 Harlowe Road, Units 12 and 13 (Map 1501) 75 Harlowe Road (Map 1501) 1562 Rymal Road East (Maps 1547, 1548, 1592) 2799 Barton Street East (Maps 1096, 1145) 1439 Upper Ottawa Street (Map 1450)

the existing Place of Worship shall also be permitted. 370. In addition to the uses permitted in Section 9.3.1 and notwithstanding

Section 9.3.2 ii), on those lands zoned Prestige Business Park (M3) Zone, identified on Maps 1500, 1501, 1547, and 1548 of Schedule “A” – Zoning Maps and described as 250 Pritchard Road, a Place of Worship shall also be permitted.


Section 9.6.2 i), on those lands zoned Light Industrial (M6) Zone, identified on Maps 870 and 871 of Schedule “A” – Zoning Maps and described as 495 Wentworth Street North, a Salvage Yard shall also be permitted.

372. Notwithstanding Section 5.2.1 a), Section 5.6 c) only as it relates to

the parking requirement for Manufacturing and Section 9.3.3 c) ii), on those lands zoned Prestige Business Park (M3) Zone, identified on Maps 1591 and 1635 of Schedule “A” – Zoning Maps and described as 863 Nebo Road, the following special provisions shall apply:

a. Loading doors and associated loading facilities shall be

permitted within a Front Yard, subject to being screened from view by a Visual Barrier in accordance with Section 4.19 of this By-law; and,

b. Parking for Manufacturing A minimum of 199 parking

spaces shall be provided and maintained.

c. Section 9.3.3 c) ii) shall not apply. 373. In addition to the uses permitted in Section 9.2.1 and Section 9.3.1,

on those lands zoned General Business Park (M2) Zone and Prestige


Business Park (M3) Zone, identified on Maps 1146, 1147, 1198 and 1199 of Schedule “A” – Zoning Maps and described as addresses:

299 Barton Street (Mountain View Public School) (Map 1146)

481 Barton Street, 340-346 Leaside Avenue (Mohawk College of Applied Arts and Technology - STARRT Institute) (Maps 1147, 1198 and 1199)

an Educational Establishment shall also be permitted.

374. In addition to the uses permitted in Section 9.3.1, on those lands zoned Prestige Business Park (M3) Zone, identified on Maps 1203, 1204, 1257, 1258 and 1452 of Schedule “A” – Zoning Maps and described as addresses: 1599 Stone Church Road East (Map 1452) 395 Lewis Road (Maps 1203, 1204, 1257, 1258) a Home Furnishings Retail Establishment shall also be permitted.

375. On those lands affected by this subsection and zoned General Industrial (M5) Zone and Light Industrial (M6) Zone, identified on Maps 829, 870, 871, 912, 913, 914, 915, 956, 957, 958 and 959 of Schedule “A” – Zoning Maps, the following special provisions shall also apply:

a. In addition to the uses permitted in Section 9.5.1 and Section

9.6.1 and notwithstanding Section 9.5.2 and Section 9.6.2 ii), the existing Dwelling Unit(s) shall also be permitted;

b. Notwithstanding Section 9.5.3 c), 9.6.3 c) and Section 9.6.3

e), alteration and extension to the existing Dwelling Unit(s) shall be permitted subject to the following Regulations:

i) Minimum Front

Yard

6.0 metres

ii) Maximum Building Height

14.0 metres

c. In addition to Section 9.5.3 and Section 9.6.3, alteration and

extension to the existing Dwelling Unit(s) shall be permitted subject to the following Regulations:

i) Minimum Side 0.6 metres


Yard

ii) Minimum Rear Yard

7.5 metres

376. Notwithstanding Section 9.3.3 c) and Section 9.3.3 j), within the

boundaries of the lands affected by this subsection and zoned Prestige Business Park (M3) Zone, identified on Maps 1434 and 1483 of Schedule “A” – Zoning Maps, the following special provisions shall also apply:

a. Garner Road West shall be deemed to be the front lot line;

b. Minimum Yard

Abutting Osprey Drive

3.0 metres

i) Minimum 3.0 metre width shall be provided and maintained, except for points of ingress and egress;

c. Landscaped Area Abutting Osprey Drive

ii) In addition to i) above, where a parking space, aisle or driveway is located in a yard abutting Osprey Drive, a minimum 3.0 metre wide Planting Strip shall be required and maintained between the said parking space, aisle or driveway and Osprey Drive, except for points of ingress and egress.


zoned Prestige Business Park (M3) Zone, identified on Map 1482 of Schedule “A” – Zoning Maps and described as 1492 Wilson Street West, the following uses shall also be permitted: a. Restaurant b. Financial Establishment

378. In addition to the uses permitted in Section 7.5.1 and Section 9.3.1, on those lands zoned Conservation/Hazard Land (P5) Zone and Prestige Business Park (M3) Zone, identified on Maps 1481 and 1482


of Schedule “A” – Zoning Maps and described as 1505 Wilson Street West, a Golf Course shall also be permitted.

379. Notwithstanding Section 5.1 a) v), Section 5.2.1 b), Section 9.3.2 ii),

Section 9.3.3 c), Section 9.3.3 j), Section 9.3.3 l) and Section 9.3.3 m), on those lands zoned Prestige Business Park (M3) Zone, identified on Maps 1546 and 1591 of Schedule “A” – Zoning Maps and described as 583-595 Nebo Road and 615 Nebo Road, the following special provisions shall apply:

a. A manufacturing operation involving the primary production

of concrete and the recycling of concrete shall also be permitted;

b. Section 5.1 a) v), Section 5.2.1 b), Section 9.3.3 c), Section

9.3.3 j), Section 9.3.3 l) and Section 9.3.3 m) shall not apply to the use identified in a. above.

380. Notwithstanding Section 9.3.3 c) and Section 9.3.3 j), within the

boundaries of the lands affected by this subsection and zoned Prestige Business Park (M3) Zone, identified on Maps 1481 and 1482 of Schedule “A” – Zoning Maps, the following special provisions shall also apply:

a. Wilson Street shall be deemed to be the front lot line;

b. Minimum Yard

Abutting Sandhill Drive

3.0 metres


c. Landscaped Area Abutting Sandhill Drive

ii) In addition to i) above, where a parking space, aisle or driveway is located in a yard abutting Sandhill Drive, a minimum 3.0 metre wide Planting Strip shall be required and maintained between the said parking space, aisle or driveway and Sandhill Drive, except for points of ingress and egress.


381. In addition to the uses permitted in Section 9.3.1, on those lands zoned Prestige Business Park (M3) Zone, identified on Maps 1434 and 1483 of Schedule “A” – Zoning Maps and described as 1034 Garner Road West, the following uses shall also be permitted: a. Restaurant b. the existing Dwelling Unit

382. In addition Section 9.2.1 and Section 9.2.3, on those lands zoned

General Business Park (M2) Zone, identified on Map 1529 of Schedule “A” – Zoning Maps and described as 611 Tradewind Drive, an Office shall also be permitted, provided that the maximum gross floor area shall not be 10,000 square metres or greater.

383. In addition to the uses permitted in Section 9.3.1, on those lands zoned Prestige Business Park (M3) Zone, identified on Maps 1433 and 1482 of Schedule “A” – Zoning Maps and described as 0 Portia Drive, the following uses shall also be permitted: a. Motor Vehicle Sales and Service Establishment b. Veterinary Service c. Retail

d. Farm Product Supply Dealer e. Major Recreational Vehicle Sales and Service Establishment

384. In addition to the Regulations of Section 9.3.3, on those lands zoned Prestige Business Park (M3) Zone, identified on Map 1433 of Schedule “A” – Zoning Maps and described as 0 Portia Drive, the Minimum Rear Yard shall be 15.0 metres.

385. Notwithstanding Section 9.6.2 i), on those lands zoned Light Industrial (M6) Zone, identified on Map 859 of Schedule “A” – Zoning Maps and described as 32-40 Head Street, the Primary Production of Chemicals as part of the existing Manufacturing use shall also be permitted.


on those lands zoned General Business Park (M2) Zone and Prestige Business Park (M3) Zone, identified on Maps 580, 581, 611 and 612 of Schedule “A” – Zoning Maps and described as 27 Highway 5 West, Recreation shall also be permitted.


387. In addition to the uses permitted in Section 9.6.1 and notwithstanding Section 9.6.2 i), Section 9.6.3 k) i) and Section 9.6.3 m) v), on those lands zoned Light Industrial (M6) Zone, identified on Maps 871 and 913 of Schedule “A” – Zoning Maps and described as 80 Brant Street, the following special provisions shall also apply:

a. A Salvage Yard shall also be permitted; b. Section 9.6.3 k) i) and Section 9.6.3 m) v) shall not apply.

388. Notwithstanding Section 9.3.3 c) and Section 9.3.3 j), within the boundaries of the lands affected by this subsection and zoned Prestige Business Park (M3) Zone, identified on Maps 515 and 549 of Schedule “A” – Zoning Maps, the following special provisions shall also apply: a. Minimum Yard Abutting

a Street

3.0 metres


b. Landscaped Area

ii) In addition to i) above, where a parking space, aisle or driveway is located in a yard abutting a street, a minimum 3.0 metre wide Planting Strip shall be required and maintained between the said parking space, aisle or driveway and a street, except for points of ingress and egress.

389. On those lands zoned General Business Park (M2) Zone, identified on

Maps 580 and 611 of Schedule “A” – Zoning Maps and described as 91 Highway 5 West (Coreslab), the following special provisions shall also apply: a. In addition to Section 9.2.3 d), the following Landscaped Area

regulations shall also apply:

i) Minimum 5.0 metre width shall be provided and maintained along the northerly lot line;


ii) Minimum 5.0 metre width shall be provided and

maintained along the westerly lot line from the rear lot line south to a distance of 408 metres;

iii) Minimum 50.0 metre width, including a minimum 7.5

metre high berm, shall be provided and maintained along the easterly lot line from the rear lot line south to a distance of 243 metres; and,

iv) Minimum 10.0 metre width, including a minimum 3.5

metre high noise wall, shall be provided and maintained along the easterly lot line from the southerly limit of the Landscaped Area as required in a. iii) above, south to a distance of 165 metres.

b. In addition to Section 9.2.3 e), the following regulation shall

also apply:

Outdoor Storage

Upon removal of the “H” Holding symbol, the lands within 20.0 metres of the westerly limit of the Landscaped Area, as required in a. iii) above, shall only be used for the outdoor storage of operational assets of the permitted Manufacturing use, to a maximum height of 3.0 metres.

c. In addition to Section 9.2.3, the following regulation shall also

apply:

Easterly Side Yard

Minimum 300 metres for all Buildings and Structures within 408 metres of the northerly rear lot line.

d. An accessory crushing operation shall only be permitted on the

west side of the existing Building or Structure.

390. In addition to the uses permitted in Section 9.3.1, on those lands zoned Prestige Business Park (M3) Zone, identified on Maps 1500 and 1501 of Schedule “A” – Zoning Maps and described as 320 Anchor Road, a Correction Facility shall also be permitted.

391. In addition to the uses permitted in Section 9.3.1, on those lands zoned Prestige Business Park (M3) Zone, identified on Maps 1451 and 1500 of Schedule “A” – Zoning Maps and described as 4-6 Dartnall Road, the existing Garden Centre shall also be permitted.



zoned Prestige Business Park (M3) Zone, identified on Map 1500 of Schedule “A” – Zoning Maps and described as 10 Dartnall Road, the existing Retail and existing Farm Product Supply Dealer shall also be permitted.

393. In addition to the uses permitted in Section 9.3.1 and notwithstanding Section 9.3.2 ii), on those lands zoned Prestige Business Park (M3) Zone, identified on Map 1500 of Schedule “A” – Zoning Maps and described as 81 Dartnall Road, the following uses shall also be permitted: a. the existing Dwelling Unit(s)

b. a Snow Removal Service


zoned Prestige Business Park (M3) Zone, identified on Maps 1499 and 1546 of Schedule “A” – Zoning Maps and described as 1188 Rymal Road East, the following uses shall also be permitted:

a. Retail b. Home Furnishings Retail Establishment c. Restaurant d. Personal Services e. Medical Office


zoned Prestige Business Park (M3) Zone, identified on Map 1547 of Schedule “A” – Zoning Maps and described as 245 Dartnall Road, an Animal Shelter shall also be permitted.

396. Notwithstanding Section 5.6 c) only as it relates to the parking requirement for Conference or Convention Centre and Hotel and in addition to Section 9.3.3, on those lands zoned Prestige Business Park (M3) Zone, identified on Maps 1452 and 1501 of Schedule “A” – Zoning Maps and described as 1520 Stone Church Road East, the following special provisions shall also apply:

a. Special Regulations for

Hotel i) Maximum of 53 rooms


ii) Maximum Building Height: 27.0 metres and 8 storeys

b. Parking for the Existing

Conference or Convention Centre and Hotel

A minimum of 175 parking spaces shall be provided and maintained.


zoned Prestige Business Park (M3) Zone, identified on Map 1199 of Schedule “A” – Zoning Maps and described as 615 Barton Street, a Private Club shall also be permitted.

398. In addition Section 9.2.1, Section 9.2.3, Section 9.3.1 and Section 9.3.3, on those lands zoned General Business Park (M2) Zone and Prestige Business Park (M3) Zone, identified on Map 1146 of Schedule “A” – Zoning Maps and described as 263-265 Barton Street and 333 Green Road, the following special provisions shall also apply:

a. The following uses shall also be permitted:

i) Commercial School

ii) Financial Institution

iii) Retail

b. The uses identified in a. above, shall only be permitted within

the existing buildings. 399. In addition to Section 9.3.1 and Section 9.3.3, on those lands zoned

Prestige Business Park (M3) Zone, identified on Maps 1149 and 1200 of Schedule “A” – Zoning Maps and described as 650 South Service Road, the following special provisions shall also apply: a. One Restaurant and one Financial Establishment shall also be

permitted, subject to the following regulations:

i) Shall only be permitted on the ground floor of a minimum 2-storey building; and,

ii) In the case of i) above, the second storey shall not be less

than 75% of the gross floor area of the ground floor.


400. In addition to the uses permitted in Section 9.3.1, on those lands zoned Prestige Business Park (M3) Zone, identified on Map 1200 of Schedule “A” – Zoning Maps and described as 348-354 Fruitland Road, a Landscape Contracting Establishment shall also be permitted.


Section 9.3.2 i), on those lands zoned Prestige Business Park (M3) Zone, identified on Map 1149 of Schedule “A” – Zoning Maps and described as 404 Fruitland Road, the existing Motor Vehicle Wrecking Establishment shall also be permitted.


within the boundaries of the lands affected by this subsection and zoned General Business Park (M2) Zone and Prestige Business Park (M3) Zone, identified on Maps 1203, 1204, 1257 and 1258 of Schedule “A” – Zoning Maps, the following uses shall also be permitted:

a. Home Furnishings Retail Establishment b. Restaurant

403. In addition to Section 9.2.1, Section 9.2.3 and Section 9.3.1, on those

lands zoned General Business Park (M2) Zone and Prestige Business Park (M3) Zone, identified on Maps 1257 and 1310 of Schedule “A” – Zoning Maps, and described as 1081 Barton Street, the following special provisions shall also apply:


i) Financial Establishment

ii) Office

iii) Conference or Convention Centre

b. In addition to Section 9.2.3, the following regulation shall apply to Office Use:

Maximum gross floor area for Office use within an individual building, excluding accessory office, shall be limited to 3,000 square metres.


404. On those lands zoned Prestige Business Park (M3) Zone, identified

on Maps 1260, 1312 and 1313 of Schedule “A” – Zoning Maps and described as 1640 South Service Road, the following special provisions shall also apply:

a. In addition to Section 9.3.1, the following uses shall also be

permitted: i) Tourist Information Centre ii) Travel Plaza iii) Commercial Recreation iv) Financial Establishment v) Medical Clinic

vi) Restaurant accessory to all permitted uses

b. Notwithstanding Section 9.3.3 a), Section 9.3.3 b), Section 9.3.3 c) and Section 9.3.3 j), the following Regulations shall apply:

i) Minimum Lot Area

6,000 square metres

ii) Minimum Lot Width

50.0 metres

iii) Minimum Front Yard for all uses except a Travel Plaza

14.0 metres

iv) Minimum Landscaped Open Space

10 percent of the lot area, and which shall include the following:

1. A landscaped strip having a minimum width of 7.5 metres shall be provided and maintained adjacent to any street except for points of ingress and egress;


2. A landscaped strip having a minimum width of 4.0 metres shall be provided and maintained along the easterly lot line, save and except for that portion of the lands zoned Conservation / Hazard Lands (P5) Zone;

3. Notwithstanding the

landscaped strip requirements identified in 2. above, no landscaped strip shall be required to be provided on the lands adjacent to the lands zoned Conservation/Hazard Lands (P5) Zone;

4. A landscaped strip having a

minimum width of 1.5 metres shall be provided and thereafter maintained adjacent to the southerly and westerly lot lines.

c. Notwithstanding Section 9.3.3 c) and in addition to b. above, the following Front Yard Requirements shall apply to a Travel Plaza:

i) Maximum Front Yard

(excluding setback to fuel pump islands, fuel pumps, light standards and signage)

72.0 metres

ii) Minimum Front Yard to Motor Vehicle and Recreational Vehicle Fuel Pump Islands and Propane Dispensing Area

75.0 metres


iii) Minimum Front Yard to Commercial Motor Vehicle and Heavy Motor Vehicle Fuel Pump Islands

120.0 metres

iv) Minimum Front Yard to Light Standards

None

d. In addition to Section 9.3.3, the following regulations shall

also apply:

i) Maximum Lot Coverage

50 percent

ii) Minimum Side Yard to Weigh Scale

4.0 metres

iii) Minimum Rear Yard 7.0 metres

iv) Within the Travel Plaza, a maximum of 650 square metres of the gross floor area may be used for Retail.

e. Section 9.3.3 h) and Section 9.3.3 i) shall not apply.


on those lands zoned General Business Park (M2) Zone and Prestige Business Park (M3) Zone, identified on Map 1256 of Schedule “A” – Zoning Maps and described as 967-977 Barton Street, the existing Mini Golf and the existing Golf Driving Range shall also be permitted.

406. Notwithstanding Section 9.3.2 i), on those lands zoned Prestige

Business Park (M3) Zone, identified on Map 1591 of Schedule “A” – Zoning Maps and described as 669 Nebo Road, a manufacturing operation involving the primary production of asphalt or cement shall also be permitted.

407. In addition to Section 9.3.1 and Section 9.3.3 and notwithstanding

Section 3 only as it relates to the definition of Building or Contracting Supply Establishment, on those lands zoned Prestige Business Park (M3) Zone, identified on Map 1452 of Schedule “A” – Zoning Maps and described as 1525 Stone Church Road East, the following special provisions shall also apply:


a. The following uses shall also be permitted: i) Financial Establishment ii) Restaurant iii) Fitness Club iv) Bowling Alley, including an accessory restaurant

b. The following Regulation shall also apply:

i) Shall be limited to one Restaurant on the property, not including a restaurant accessory to a Bowling Alley;

Restriction for Restaurant Use

ii) In addition to i) above, no drive-thru or stacking lane shall be located between any building and a street line.

c. For the purpose of this special exception, a Building or

Contracting Supply Establishment shall be defined as follows:

“Shall mean the use of land, building or structure, or part thereof, in which building, construction or home improvement materials are stored or offered for wholesale or retail sale.”

408. On those lands zoned Prestige Business Park (M3) Zone, identified

on Map 1500 of Schedule “A” – Zoning Maps and described as 50 Dartnall Road, the following special provisions shall also apply: a. In addition to Section 9.3.3, the following regulations shall

also apply:

i) Minimum Northerly Side Yard

1.4 metres

ii) Minimum Rear Yard

2.8 metres

b. Notwithstanding Section 9.3.3 j), Section 9.3.3 l) v) and

Section 5.2 e), the following regulations shall apply:


i) 1. Minimum 3.0 metre width shall be provided and maintained, except for points of ingress and egress;

Landscaped Area and Planting Strip Requirements

2. In addition to i) above, where a parking space, aisle or driveway is located in a yard abutting a street, a minimum 3.0 metre wide Planting Strip shall be required and maintained between the said parking space, aisle or driveway and a street, except for points of ingress and egress.

ii) Screening of Outdoor

Storage and Outdoor Assembly

Outdoor Storage and Outdoor Assembly shall be screened from view from any abutting street by a Visual Barrier having a minimum of 1.5 metres and a maximum height 3.0 metres.

iii) Existing Parking Area The existing gravel parking area, maneuvering space, loading space and access driveway shall also be permitted.

409. Notwithstanding Section 9.3.2 i), on those lands zoned Prestige

Business Park (M3) Zone, identified on Maps 1545 and 1546 of Schedule “A” – Zoning Maps and described as 1680 Upper Ottawa Street, a manufacturing operation involving the primary production of asphalt shall also be permitted.


on those lands zoned General Business Park (M2) Zone and Prestige Business Park (M3) Zone, identified on Map 1148 of Schedule “A” – Zoning Maps and described as 560 Seaman Street and 565 Seaman Street, Commercial Recreation shall also be permitted.


411. On those lands zoned Light Industrial (M6) Zone, identified on Map 1238 of Schedule “A” – Zoning Maps and described as 1050-1056 Upper Wellington Street, Section 9.6.3 m) iv) shall not apply to the existing Building and Lumber Supply Establishment.

412. Notwithstanding Section 9.3.1, on those lands zoned Prestige

Business Park (M3), identified on Map 1501 of Schedule “A” – Zoning Maps and described as 38 Bigwin Road, a Motor Vehicle Collision Repair Establishment shall not be permitted.

413. In addition to Section 9.6.1 and notwithstanding Section 9.6.2 i) and

Section 5.6 c) only as it relates to the parking requirement for Manufacturing, on those lands zoned Light Industrial (M6) Zone, identified on Map 870 of Schedule “A” – Zoning Maps and described as 400 – 446 Burlington Street East, the following special provisions shall also apply:


i) Bulk Fuel and Oil Storage Establishment

ii) Primary Production of Chemicals, Synthetic Rubber or

Plastic

iii) Processing or Refining of Petroleum

iv) Processing, Milling or Packaging of Animal Feed i) No parking spaces are required provided

that the number of parking spaces which existed on the effective date of this By-law shall continue to be provided and maintained.

b. Parking Requirement for Manufacturing

ii) Notwithstanding i) above, for any new construction on the property, parking shall be calculated at 1 space for each 30 square metres of gross floor area, which accommodates the Office component.

414. In addition to the uses permitted in Section 9.2.1 and 9.6.1 and

notwithstanding Section 9.2.2 i) and Section 9.6.2 i), on those lands zoned General Business Park (M2) Zone and Light Industrial (M6) Zone, identified on Maps 1047, 1048, 1093, 1094, 1095 and 1096 of Schedule “A” – Zoning Maps and described as:


20 Brockley Drive (Maps 1095, 1096) 21 Brockley Drive (Map 1095) 330 Nash Road (Maps 1047, 1048, 1093, 1094) the following uses shall also be permitted:

a. Restaurant

b. Beverage Distillation

c. Breweries

d. Processing, Milling or Packaging of Animal Feed

e. Slaughtering, Eviscerating, Rendering or Cleaning of Meat,

Poultry or Fish or by-products thereof

415. Notwithstanding Section 3 only as it relates to the definition of

Warehouse, on those lands zoned Prestige Business Park (M3) Zone, identified on Maps 1547 and 1592 of Schedule “A” – Zoning Maps and described as 90 Glover Road, retail accessory to a Warehouse shall also be permitted.


zoned Prestige Business Park (M3) Zone, identified on Map 1634 of Schedule “A” – Zoning Maps and described as 858 Nebo Road, a Towing Establishment shall also be permitted.

417. In addition to the uses permitted in Section 9.6.1, on those lands zoned Light Industrial (M6) Zone, identified on Maps 1047 and 1093 of Schedule “A” – Zoning Maps and described as 279 Nash Road and 2255 Barton Street East, Retail shall also be permitted.

418. On those lands zoned Light Industrial (M6) Zone, identified on Maps

915, 916, 957 and 958 of Schedule “A” – Zoning Maps and described as 560 Ottawa Street North, the following shall also apply:

a. Section 9.6.3 k) shall not apply to that portion of the property

abutting Beach Road;

b. In addition to Section 9.6.3, for development abutting Beach Road, a Visual Barrier shall be provided along that portion of the property lot line abutting Beach Road, in accordance with Section 4.19 of this By-law.


419. Notwithstanding Section 9.5, within the boundaries of the lands affected by this subsection and zoned General Industrial (M5) Zone, identified on Maps 958, 1000, 1001 and 1002 of Schedule “A” – Zoning Maps, the following special provisions shall only apply: a. The following uses shall only be permitted:

i) Railway terminal and uses, buildings and structures accessory thereto, including commercial, industrial and office uses; and,

ii) Transport Terminal.

b. Dwelling unit shall be prohibited.

420. In addition to Section 9.2.1 and notwithstanding Section 9.2.3 d) and Section 5.6 c) only as it relates to the parking requirement for a Place of Worship, on those lands zoned General Business Park (M2) Zone, identified on Map 1095 of Schedule “A” – Zoning Maps and described as 80-86 Covington Street and 86 Cascade Street, the following special provisions shall also apply:

a. A Place of Worship shall also be permitted;

b. Section 9.2.3 d) shall not apply to a Place of Worship;

c. Parking for the Place of

Worship A minimum of 188 parking spaces shall be provided and maintained.

421. On those lands zoned General Business Park (M2) Zone, identified on

Map 1095 of Schedule “A” – Zoning Maps and described as 70 Covington Street, Section 5.2.1 a) and Section 5.2.1 b) shall not apply to the existing building.


zoned General Business Park (M2) Zone, identified on Map 1200 of Schedule “A” – Zoning Maps and described as 29-35 Sunnyhurst Avenue, a Motor Vehicle Service Station shall also be permitted.

423. In addition to Section 9.3.1 and notwithstanding Section 9.3.3 n), on

those lands zoned Prestige Business Park (M3) Zone, identified on Maps 1200 and 1254 of Schedule “A” – Zoning Maps and described as 681-695 Barton Street, the following special provisions shall also apply:


a. A Circus School shall also be permitted;

b. The maximum gross floor area devoted to accessory retail and showroom area shall be 1,120 square metres for any permitted use.


zoned Prestige Business Park (M3) Zone, identified on Maps 1434 and 1483 of Schedule “A” – Zoning Maps and described as 1046 Garner Road West, the following uses shall also be permitted:

a. Financial Establishment b. Restaurant

425. Within the boundaries of the lands affected by this subsection and zoned Prestige Business Park (M3) Zone, identified on Maps 1636 and 1637 of Schedule “A” – Zoning Maps, the following special provisions shall also apply:

a. Notwithstanding Section 9.3.3 a) and Section 9.3.3 b), the

following regulations shall apply: i) Minimum Lot Area 3,000 square metres

ii) Minimum Lot Width 25.0 metres

b. Notwithstanding Section 9.3.2 ii) and Section 9.3.3 c) and in addition to Section 9.3.3, an accessory dwelling unit shall also be permitted, subject to the following regulations:

i) Yard Abutting a

Street 1. Minimum 6.0 metres;

2. Maximum 15.0 metres

ii) Maximum Dwelling

Size 180.0 square metres

c. Section 9.3.3 k) ii) and Section 9.3.3 o) shall not apply.”

8. That Schedule “D” – Holding Provisions of By-law 05-200 is hereby amended

by adding additional Holding Provisions as follows:

“24. Notwithstanding Section 9.2 and Special Exception No. 389 of this By-law, on those lands zoned General Business Park (M2) Zone, identified on Map 580 of Schedule “A” – Zoning Maps and described


as 91 Highway 5 West, site alteration shall not be permitted until a Certificate of Approval has been granted by the Ministry of the Environment pursuant to Section 9 of the Environmental Protection Act, for the Open Storage of operational assets with restrictions on loading and unloading during non-daytime hours.

25. Notwithstanding Section 9.3 and Special Exception No. 401 of this

By-law, on those lands zoned Prestige Business Park (M3) Zone, identified on Map 1149 of Schedule “A” – Zoning Maps and described as 404 Fruitland Road, the subject property shall be used only for the uses existing on the date of the passing of this By-law until such time as an Environmental Report which indicates that it is environmentally sound to develop any of the permitted uses on the site has been completed and approved by the Director of Planning.

26. Notwithstanding Section 9.2 and Special Exception No. 405 of this

By-law, on those lands zoned General Business Park (M2) Zone, identified on Map 1256 of Schedule “A” – Zoning Maps and described as 967-977 Barton Street, site alteration shall be conditional upon the following:

a. Channelization is undertaken in addition to the replacement

of undersized culverts associated with the Canadian National Railway tracks as may be required by the Hamilton Region Conservation Authority;

b. The details of any proposed drainage works are approved by

the Hamilton Region Conservation Authority;

c. Any alternatives to the existing drainage pattern affecting the Canadian National Railway property have received the prior concurrence of the Railways and has been substantiated by a drainage report satisfactory to the Railway;

d. All relevant servicing requirements including storm drainage,

water, sanitary sewers and road design have been approved by the Director of Planning; and,

e. A subdivision agreement or modified development

agreement has been entered into by the owner with the City of Hamilton.

27. Notwithstanding Section 9.4 of this By-law, on those lands zoned

Business Park Support (M4) Zone, identified on Maps 949 and 991 of Schedule “A” – Zoning Maps and described as 611 Aberdeen Avenue, site alteration shall be conditional upon the following:


a. Provision of an adequate sanitary sewer outlet to service the

subject property directly;

b. Dedication to the City of Hamilton, if required, of a portion(s) of the subject property for road widening purposes; and,

c. Final approval of the West Hamilton Innovation District

Secondary Plan. 28. Notwithstanding Section 9.3 of this By-law, on those lands zoned

Prestige Business Park (M3) Zone, identified on Maps 1501 and 1548 of Schedule “A” – Zoning Maps and described as lands located at the southwest corner of Highland Road and the Future Trinity Church Road Extension, site alteration shall be conditional upon the following:

a. The Owner completing a hydrogeological and geotechnical

study, to the satisfaction of the Director of Development Engineering, in consultation with the Senior Director of Water and Wastewater Division, and the Planning Director of the Hamilton Conservation Authority; and,

b. The Owner submitting and implementing a functional

servicing report that addresses such matters as, but is not limited to, stormwater management and sanitary capacity for proposed development densities, to the satisfaction of the Director of Development Engineering.”

9. That the Clerk is hereby authorized and directed to proceed with the giving of notice of passing of this By-law in accordance with the Planning Act.

10. That this By-law No. ___ shall come into force and be deemed to have come

into force in accordance with Subsection 34(21) of the Planning Act, either upon the date of passage of this By-law or as provided by the said Subsection.


PASSED and ENACTED this ____ day of ________, 2010. Fred Eisenberger Kevin C. Christenson MAYOR CITY CLERK

CI-09-H

Appendix “B” to Report PED09260(a)Page 69 of 75







Appendix "C" to Report PED09260(a)Page 1 of 17

Business and Owner/Contact

Property Address Current Zone (Proposed)

Proposed Zone Change

Map Inquiry ZBL Response Action

Joe DiCienzo

5787 Twenty Road, PO Box 40, RR@, Hannon, ON L0R 1P0

M2 and portion in Commercial

M3 and portion in Commercial

1591, 1635, 1677

Has concerns with property being zoned General Industrial (M2) and losing the existing Prestige M1 Zone from Glanbrook along Dartnall extension.

Based on changes to the Red Hill Business Park, the zoning has changed to the Prestige Business Park (M3) Zone, which addresses property owners concerns. n/a

Nick DeFilippis, DeFilippis Design

80-86 Covington Street, 86 Cascade Street

M2, Sp. Ex. 369

M2, Sp. Ex. 420 1095

Brought to our attention that the existing Place of Worship is expanding (SPA-09-071) and wanted to know how it would be accommodated through the new zoning.

New Special Exception (420) created in order to recognize expansion of Place of Worship and the conditionally approved Site Plan. Special Exception: permits a Place of Worship; exempts landscape requirement for a Place of Worship; and exempts new parking requirement and recognizes the proposed parking of 188 spaces.

Removed Sp. Ex. #369 and replaced with Sp. Ex. #420

Nick DeFilippis, DeFilippis Design 70 Covington Street M2

M2, Sp. Ex. 421 1095

Building is currently vacant, but has loading doors and facilities which are located on front of building. Existing building does not meet proposed regulations.

New Special Exception (421) created in order to exempt Section 5.2.1 a) and b) for the existing building. Any new building would be subject to new Zoning By-law requirements.

New Sp.Ex. #421 added


29-35 Sunnyhurst Avenue M2

M2, Sp. Ex. 422 1200

Building currently contains a motor vehicle repair garage. Property owner asked if this could be accommodated in the new zones.

New Special Exception (422) was created to permit a Motor Vehicle Service Station on both properties, as the buildings share a common access and parking area. Use was permitted as of right and reflects the existing zoning permission.



681-695 Barton Street M3

M3, Sp. Ex. 423

1200, 1254

Building is currently used for a circus school and there was a planned future intent for the expansion of this use onto adjacent properties. Also have existing permission for increased GFA devoted to accessory retail and showroom area.

New Special Exception (423) was created to permit a Circus School on the entire property. Commercial Recreation was a use permitted within the MSP zone and the new zoning limits permissions to the specific type of recreation use on the site. Exception also carries forward the existing permission for accessory retail and showroom area to max. GFA of 1120 sq.m. (MSP-10).


Chris Pidgeon of GSP Group RE: Shaver Development Limited 0 Trustwood Road M2 n/a

1483, 1484, 1530, 1531

Expressed concerns respecting the new minimum lot size of 4,000 sq.m. proposed through the new Industrial Zones. Property was subject of a rezoning to M4 Zone in Ancaster By-law to permit development of smaller lots (1860 sq.m.). Would like to maintain the smaller lot size.

Indicated that there is an existing supply of smaller lots within the City's Employment Areas and that 1 acre is a more appropriate lot size for new industrial development. Also indicated that the new lot sizes do not preclude the development of lands for multi-tenant uses through industrial condo developments that can accommodate smaller unit sizes. No change is contemplated respecting lot sizes. n/a






Chris Pidgeon of GSP Group RE: Shaver Development Limited

1046 Garner Road West

M3, Sp. Ex. 376

M3, Sp. Ex. 424 and Sp. Ex. 376

1434, 1483

The current proposed industrial zones do not allow for the same range of uses currently permitted by the Town of Ancaster Zoning By-law. Would like to have the M4 Zone applied to the property or a special exception applied to the M3 Zone to permit additional commercial uses.

Special Exception 424 was developed to permit a Financial Establishment and a Restaurant as permitted uses. However, Retail was not permitted due to the proximity of the site to approx. 20ha. of commercially designated and zoned lands immediately across the street. These two uses will serve businesses and employees within the park without compromising the intent of the new zones.

New Sp. Ex. #424 added

Dean Zalev, Vince Tiberi of Branthill Recycling 80 Brant Street M6

M5 (portion greater than 300 m from residential) and M6

871, 913

Wanted to know if the existing salvage yard would be permitted under new zoning and why entire property was proposed to be zoned M6. Also expressed concerns respecting the definition of Salvage Yard and the terminology used within the prohibited uses.

Based on the existing use of the property, Special Exception 387 was developed and modified through various discussions and meetings respecting the use and the configuration of the property. Special Exception permits Salvage Yard and exempts requirement for landscaping and screening (based on site configuration and area proposed to be zoned M5 which does not require those regulations on the property). Portion of property greater than 300 metres from residential was rezoned to M5, consistent with approach for Bayfront. Definition of Salvage Yard was amended to include the term recycling and processing. Prohibited uses were revised to be consistent in terminology in permitted uses (prohibit Salvage Yard).


James Webb RE: J. Beume Real Estate

1525 Stone Church Road East

M3, Sp. Ex. 407

M3, Sp. Ex. 407 (revised) 1452

Wanted to ensure that permissions granted under the recently approved site specific zoning and existing zoning applicable to the property were recognized through new Special Exception and zoning.

Reviewed the range of uses existing on the property and the intent of the recently approved site specific. Have amended Special Exception 407 as follows: Permit Bowling Alley (use is existing on site) and accessory restaurant; clarification that a stand-alone restaurant (as approved under site specific) would be permitted and added definition for Building or Contracting Supply Establishment, as approved in By-law 09-182 (permits retail, beyond only accessory)

Amend Special Exception 407






James Webb RE: Turkstra Lumber (Upper Wellington St.)

1050-1056 Upper Wellington Street M6

M6, Sp. Ex. 411 1238

Wanted to ensure that the proposed zoning would accommodate the existing Building and Lumber Supply Establishment currently operating on the site.

After reviewing the existing site characteristics and use of the property against the proposed zoning, Special Exception 411 was developed in order to exempt the existing operation from having their outdoor storage areas setback and screened from the abutting residential area. This is to recognize the existing operation.


James Webb RE: Flying J Site

1640 South Service Road

M3, Sp. Ex. 404

M3, Sp. Ex. 404 (revised)

1260, 1312, 11313

Wanted to ensure that permissions granted under the OMB decision (site specific zoning) together with the existing zoning were recognized through new Special Exception and zoning.

After reviewing the OMB decision and the existing zoning applicable to the site, changes were made to Special Exception 404 as follows: Added following uses - Commercial Recreation, Financial Establishment, Medical Clinic, Accessory Restaurant. Removed size restriction on Office. All other regulations of the OMB decision were carried forward respecting setbacks and landscaping requirements.

Sp. Ex. 404 was amended

James Webb RE: Coreslab Property at 91 Highway 5 West 91 Highway 5 West

M2, Sp. Ex. 389, H-24

M2, Sp. Ex. 389 (revised), H-24

580, 611

Wanted to review the proposed zoning for the property and how the existing site specific was carried forward through the new Industrial Zones

Based on our discussions, Special Exception 389 was amended to remove the regulation respecting Maximum Building Height (as the new Industrial Zones do not contain a max. height reg.) and to remove the regulation respecting Parking as new parking standards are being developed and the site plan would accommodate the new requirement.

Amend Special Exception 389

James Webb RE: remainder of Coreslab properties south of Boer's Creek 91 Highway 5 West M3, M2 n/a

611, 642

Expressed concerns respecting the dual zoning proposed for the property - M3 along Highway 5 and M2 on the interior. More specifically, concerns relate to maximum setback and restrictions on outdoor storage or assembly, range of permitted uses different between the two zones on one property.

Based on discussions, staff are not recommending any change. The intent of the M3 zone is to require higher urban design standards for new development along Highway 5. Without any immediate development plans, staff cannot support a change to our vision for how the parks are to develop. Intent is to have new development along Highway 5 west rather than having storage or parking on that portion of the property abutting Highway 5. n/a






Nick Coleman and Alan Heisey RE: CN Rail and Parkdale Yard Parkdale Rail Yard M6

M5, Sp.Ex. 419

958, 1000, 1001, 1002

Concerns related to the proposed zoning and a potential for misrepresentation of activities associated with a rail yard. Requested zoning of property be changed to better reflect the use of land.

Based on discussions, staff are recommending that the zoning be changed to M5 with Special Exception to limit uses on the property to only those directly related to the rail function (not full range of M5 uses). Dwelling unit remains a prohibited use. Regulations of M5 Zone are not applicable as CN is a Federal Agency and can construct building/structure anywhere on the property. Moreover, site is primarily used for the repair, maintenance of trains and will not require many buildings or structures. PPS also recognizes rail as a protected infrastructure, staff can support the proposed changes. In relation to Stuart Street Yard, no change is contemplated as it is currently subject of an OMB appeal under Setting Sail Secondary Plan.

New Sp. Ex. 419 added and zone changed from M6 to M5

Lorne Rochwerg and Ken Rochwerg from Wentworth Metal Recycling

495 Wentworth Street North

M6, Sp. Ex. 350

M6, Sp. Ex. 411, 350

Owners wanted to know if the existing salvage yard would be permitted under new zoning and why entire property was proposed to be zoned M6. Also expressed concerns respecting the definition of Salvage Yard and the terminology used within the prohibited uses (related to Salvage Yard and the prohibition of "Smelting of Metal" on property).

Based on the existing use of the property, Special Exception 371 was developed to permit a salvage yard on the property. Due to the proximity of the property to residential areas, site cannot be zoned M5. Definition of Salvage Yard was amended to include the term recycling and processing. Prohibited uses were revised to be consistent in terminology (prohibit Salvage Yard). Explained what Smelting use is that their operations would not be interpreted as a smelting operation if they do melt some metal on-site as part of their operations.

New Sp. Ex. 371 added; Sp. Ex. 350 also applicable to recognize the existing Waste Management Facility






Don Gerrard from ArcelorMittal

560 Ottawa Street North

M6, Sp. Ex. 350

M6, Sp. Ex. 418 and 350

915, 916, 957, 958

Met with ArcelorMittal staff to discuss the new Industrial Zones in general and how they are being applied to their properties in Hamilton. Concerns were raised respecting the following issues: Maximum Floor Area Ratio regulation in zones; Prohibition on "extruding of metal" in Section 9.6.2 and Landscaped Area requirements.

Provided response that outlined recent changes to the industrial zones. In that letter, also addressed concerns raised at meeting, including the removal of regulation restricting Maximum Floor Area Ratio from all Industrial Zones and the removal of prohibition of "extruding of metal" from list of prohibited uses. In order to address the landscaped area requirements, Special Exception 418 is proposed to exempt this requirement on the property based on site characteristics; instead require a visual barrier be provided and maintained along Beach Road for any new or redevelopment on this portion of the property.

New Sp. Ex. 418 added; Sp. Ex. 350 also applicable to recognize the existing Waste Management Facility

Dave Pitblado and Angelo Paletta from Paletta Internation Corporation

20 Brockley Drive, 21 Brockley Drive M2

M2, Sp. Ex. 414

1095, 1096

Expressed concerns that the range of prohibited uses would not permit the expansion of the existing use on the site which dealt with meat packaging and processing.

Through discussions of the uses on the site and planned expansion, additional uses of: Restaurant, Beverage Distillation and Breweries, Processing, Milling etc. of Animal Feed and Slaughtering, Eviscerating, etc. of meat, poultry or fish were permitted. These uses were identified following a review of the existing zoning and consideration to the current use or planned future use on the properties.

New Sp. Ex. 414 added

Dave Pitblado and Angelo Paletta from Paletta Internation Corporation 330 Nash Road M6

M6, Sp. Ex. 414

1047, 1048, 1093, 1094

Expressed concerns that the range of prohibited uses would not permit the expansion of the existing use on the site which dealt with meat packaging and processing.

Through discussions of the uses on the site and planned expansion, additional uses of: Restaurant, Beverage Distillation and Breweries, Processing, Milling etc. of Animal Feed and Slaughtering, Eviscerating, etc. of meat, poultry or fish were permitted. These uses were identified following a review of the existing zoning and consideration to the current use or planned future use on the properties.







Dave Pitblado and Angelo Paletta from Paletta Internation Corporation 90 Glover Road M2

M3, Sp. Ex. 415

1547, 1592

Expressed concerns that the proposed zoning would not permit a similar range of uses currently permitted under the existing zoning in ZBL 6593.

Through discussions of the current use of the site, and based on the change in zoning to the Red HIll BUsiness Park, the property is proposed to be zoned M3. This change will accommodate some of the existing uses currently permitted on the site and will be more closely associated with any future commercial development that may occur on the property to the north. Special Exception 415 was developed for the existing warehouse use to permit accessory retail to a warehouse (which is prohibited by definition in the new Zoning By-law). Change to the definition of Farm Product Supply Establishment was made to also include farm or agricultural equipment.


Dave Pitblado and Angelo Paletta from Paletta Internation Corporation 212 Glover Road M2 M3

1591, 1592

Discussed that their business is the processing and packaging of meat and meat products and that this property has the potential to be uses for such purposes in the future.

After reviewing the existing zoning applicable to the site and the proposed zoning, staff are recommending that no further change be made. Zoning is changing to M3 as a result of the Red Hill Business Park's focus as a prestige park in the City.

Dave Pitblado and Angelo Paletta from Paletta Internation Corporation 0 Rymal Road East M3, M2 n/a 1547

Raised the potential of a future land swap for these lands with lands within the Glanbrook Business Park

Staff will consider the potential for a swap in land use designation through the Commercial Mixed Use zoning project. The effect will be a land-for-land swap of industrial for commercial. n/a


304 Gage Avenue North

M6, Sp. Ex. 375

M5, Sp.Ex. 375 956

Raised a number of concerns related to the range of prohibited uses

Based on the location of this property, staff are proposing that the zoning be changed from M6 to M5. The special exception applicable to the property will be maintained as the property is located within a defined residential enclave within the Bayfront Industrial Area.

Change zoning from M6 to M5


1188 Rymal Road East

M2, Sp. Ex. 394

M3, Sp. Ex. 394

1499, 1546

Wanted to ensure that the range of uses permitted under an earlier site specific zoning was carried forward.

The zoning within the Red HIll Business Park is changing to M3. Sp. Ex. 394 permits the range of uses currently permitted under the existing site specific. n/a







279 Nash Road, 2255 Barton Street East M6

M6, Sp. Ex. 417

1047, 1093

Wanted to know if this property could be redesignated and zoned for commercial, as it currently functions as such.

The property cannot be redesignated to Commercial under the new Urban Hamilton Official Plan as that would be a conversion of employment land. Property was not identified in the comprehensive review for conversion and as such will remain industrial. In order to accommodate the existing range of uses, and the permissions granted through the existing zoning, Special Exception 417 has been developed to permit Retail as a use on the property.


Bill Carpenter from Carpenter Die Casting

540 Queen Elizabeth Way M3 n/a 1148

Expressed concerns through a written submission and subsequent meeting respecting: minimum setback from MTO right of way; wording of prohibited use and the term "extruding" of metal; what constitutes residential for purposes of new zoning regs and finally, maintenance of the creek

Based on consultation, the word "extruding" has been removed from the list of prohibited uses as it relates to metal. This was done to reflect the fact that the extrusion of metal is not necessarily a noxious use in the same way it perhaps once was. By removing this term, tool and die manufacturers will be permitted within all zones. Minimum setbacks from MTO right-of-way were not changed and information was provided respecting contacts at the City for the creek running through the property.

Removed "extruding" from list of prohibited uses

Kevin Chadwick and David Tang from Bunge Canada

400-446 Burlington Street East M6

M6, Sp. Ex. 413 870

Wanted information on the new Industrial zones and how they would impact the Hamilton operations of Bunge. Five main issues centered around: Expansion; Permissions of Uses and potential By-products produced on site; Current operations and range of permitted uses.

Based on discussions of what the use is and what is currently involved, Special Exception 413 was developed. Sp. Ex. 413 permits additional manufacturing activities currently associated with the existing use as well as an additional use which may be a component of the operations in the future. Exception permits: Bulk Fuel and Oil Storage; Primary Production of Chemicals, Synthetic Rubber or Plastic; Processing or Refining of Petroleum; Processing, Milling or Packaging of Animal Feed. Special Exception also provides exemptions to parking regulations by legalizing the existing parking and requires that new development only require parking for area devoted to office. This was based on the operational characteristics of the business (primarily automated plant with few workers).







Ivan Kontic, Josy D'Amico RE: John Fortino property

1275 Rymal Road East

M3, Sp. Ex. 364

M3, Sp. Ex. 368

Wanted to discuss the range of permitted uses currently permitted within the existing zoning and how the new Industrial Zones and special exception would accommodate those uses.

At a meeting held December 10, 2009, staff discussed the proposed zoning for the property and agreed to modify the proposed special exception to permit additional uses, based on current applications with the City for approval. The additional uses include: Medical Office, Medical Clinic, Home Furnishings Retail Establishment and Restaurant. The medical clinic was added based on building permit application currently in for approval. Zone line at the rear of the property was adjusted northward in order to accommodate the additional parking that would be required by a Medical Clinic.

Sp. Ex. 368 added and 364 deleted

Steve Fraser, Anthony DeSantis Jr. for DeSantis Industrial Park

1081 Barton Street (DeSantis Industrial Park) M2, M3

M2, M3, Sp. Ex. 403

Wanted clarification on a series of issues: If the "H" currently applied to the property (existing zoning) would be carried forward; Range of uses permitted on entire site due to dual zoning and existing site specific permissions; Confirmation from HCA re: removal of H from rear portion of property; and, Range of uses permitted under site specific By-law 02-289 that would be accommodated through new zoning.

The "H" provision applicable at the southern portion of the property was applied to require land consolidation. Property is included within the DeSantis Industrial Park Draft Plan, there is no need to carry this "H" forward. Special Exception 403 was created in order to permit a Financial Establishment, Office and Conference or Convention Centre on lands south of the proposed Arvin Rd. extension. The exception has been modified to limit Office, as per the regulations of the M3 Zone (for that portion zoned M2). The zone line between M3 and M2 was modified to reflect the approved draft plan; received confirmation from HCA (Darren Kenny) that the H provision applied to the rear portion of the property could be removed.

New Sp. Ex. 403 added and revised






Jennifer Mason, Property Administrator for WCC#143 38 Bigwin Road M2

M3, Sp. Ex. 412 1501

Expressed concerns that buildings were not developed in a way to accommodate a Motor Vehicle Collision Repair Facility (due to shared air ducts, etc)

Following the change in zoning for the Red Hill Business Park, Motor Vehicle Collision Repair was added as a use to the M3 Zone. Staff feel this is an appropriate use within an Industrial Area. However, Sp. Ex. 412 is recommended to satisfy the property management concerns of having use permitted (building not suited to activity). Each owner/tenant was circulated this change and staff have received confirmation from the majority of owners that this use would be prohibited on the property. This is in keeping with the existing zoning in ZBL 6593.

Sp. Ex. 412 added and further amended

Cam Tu Truong from Air Liquide Canada Inc.

Hamilton Bayfront: 81-95 Birmingham, 125 Birmingham, 858 Burlington, 680 Burlington M5 n/a

871, 913, 914, 956 Wanted confirmation of zoning

Staff confirmed all properties are proposed to be zoned M5 through the new Zoning By-law

Ed Fothergill RE: ShawCor Property

385 Nebo road, 1280 Rymal Road M2, M3 n/a

1499, 1546

Has submitted a letter respecting the Official Plan designation of the property as Employment Area. Staff sent an email request to meet to discuss the proposed zoning on the site, outside of the Official Plan process.

Meeting held February 12, 2010 to discuss the proposed zoning of the site and the existing site specific applicable to the property at 1280 Rymal Road East. Indicated that it could not be zoned commercial, as it was included within the Employment Area through the conversion analysis completed for the new Urban Hamilton OP. Staff did review the range of uses currently permitted under the existing zoning and noted a few uses which are no longer permitted under the new zoning. Agent will get back to staff respecting the proposed zoning.

M3 zone line to be adjusted on 1280 primal Road to limit of M3 line on adjacent property.






Arie Koppelaar, Peter van Brugge for Bay Lynx

1492 Wilson Street West M3, H23

M3, Sp. Ex. 377 (holding removed) 1482

Wanted to discuss the proposed zoning for property at 1492 Wilson St. W. and the restriction placed on Office uses within the new Industrial Zones. Also wanted to have the current "H" provision applied to the property lifted.

Staff met with the property owners and discussed the reasoning behind the restriction on office. Through discussion, staff found out that office is developed efficiently at 1,000 sq.m. per floor plate, generally requiring a minimum 3 storeys to make the development efficient for an elevator. Based on those comments, staff recommend that the office restriction in the zones be increased from 2,000 sq.m to 3,000 sq.m. zoning applicable to the property at 1492 Wilson St. W. was discussed, and based on a recent rezoning, Sp. Ex. 377 has been applied in order to permit Restaurant and Financial Establishment as uses on the property. Based on the location of the property and the existing zoning, staff can support these uses being permitted. Property owners also provided a clearance letter from the Ministry of Culture respecting archaeological interest for the property. Cultural Heritage staff have reviewed the letter and concur with the recommendations of the consultants and the Ministry that there are no further achaeological concerns and the "H" provis

Industrial Zones amended to permit max. 3,000 sq.m. for office. New Sp. Ex. 377 added. Holding Provision 23 was removed.






Ed Fothergill RE: Flamborough Business Park Zoning (south of Parkside, north of Borer's Creek)

Flamborough Business Park

M3, Sp. Ex. 388

M2 and M3 Sp. Ex. 388

514, 515, 548, 549, 580, 581

Expressed concerns respecting the following issues: Range of Permitted Uses; Office Restriction; Proposed Regulations; Mapping

Staff provided a response back to agent respecting the issues raised in his letter. The range of commercial uses have been scoped in the new Industrial Zones based on provincial legislation and the new urban OP. As there is no immediate development plan, staff have made no change to the range of permitted uses in relation to this submission. Office is restricted through the new OP and provincial policy and no further change is contemplated for the size of office permitted within the new Industrial Zones. The new zoning regulations respecting minimum lot area were established based on consultation with Economic Development who indicated that this is an appropriate size for new Industrial development. No change is contemplated. Clarification was provided respecting maximum height and landscpae requirements. Mapping change was made to permit General Industrial (M2) Zone on the interior of this area.

Mapping change to zone interior M2; Special Exception modified to reflect change and relate to the lands immediately abutting the residential to the east.

Wayne Clayton332 McNeilly Road (resident) n/a n/a

Provided a submission outlining concerns relating to the new Industrial Zones, the process and their impact on adjacent residential properties.

Based on the submission, staff have amended the new Industrial Zones as follows: added a regulation respecting the restriction on Outdoor Training Facilities Associated with a Trade School to the M3, M4 and M6 zones. The regulation prohibits outdoor training facilities within these zones. This change was made to address compatibility concerns with adjacent residential areas and to help improve the image of an Employment Area. The other change related to the identification of Fruitland Road as a major entrance way into the Stoney Creek Business Park, and as such, prohibiting outdoor storage and assembly within a yard abutting Fruitland Rd.

Industrial Zones amended to include the new Regulation within the M3, M4 and M6 zones (for training facilities) and M3, M4 zones amended to include Fruitland road in restriction of outdoor storage and assembly areas.






Ivan Luksic for the Croation National Home 615 Barton Street M3

M3, Sp. Ex. 397

1199, 1200

Wanted to know how the proposed zoning would impact the property purchased to accommodate the future growth and expansion of the Croation National Society office

Met with representative who indicated they had purchased land that would accommodate the future expansion of their use. Current zoning would permit the use on their property, therefore staff are recommending that Special Exception 397 be applied to permit a Private Club.


Arno Steinnagel1465 Rymal Road East M2, M3 M3

1500, 1547

Wanted to ensure the property would be zoned Industrial through this process.

Sent a letter confirming that the zoning on this property will be Industrial, but that there are additional environmental concerns that would be subject of additional studies prior to development being permitted. Entire property zoned M3 as result of rezoning in the Red Hill Business Park.

Jason Leach, Bob Leach and Gary Heyes for Living hope Christian Assembly 250 Pritchard Road M2

M3, Sp. Ex. 370

1500, 1501, 1547, 1548

Place of Worship had purchased property in anticipation of constructing a new facility at the site in the future

After several meetings, staff are recommending that Special Exception 370 be applied to the property in order to permit a Place of Worship. Because the existing zoning permits the use and the church has raised funds to purchase the property for this purpose and have entered into a site plan process (DA-09-101), we are recognizing the intent of the organization to follow the correct procedure to develop the property for a Place of Worship.







Mal Wensierski for Lafarge North America

583-595 Nebo Road, 615 Nebo road M2

M3, Sp. Ex. 379

1546, 1591

Requested a meeting to discuss the Lafarge sites and how the new Industrial Zoning would affect them.

At the meeting, it was confirmed that Lafarge's operations would be interpreted to be Manufacturing under the proposed definition. Also confirmed that the new Zoning By-law (05-200) contains a General Provision respecting the reduction in regulations resulting from street widenings. This provision will satisfy concerns related to properties where a widening is taken and the existing structures no longer meet the new regulations. Staff are also recommending Special Exception 379 be applied to the property along Nebo Road in order to recognize the unique characteristics of the site and how it has been developed upon. The special exception exempts specific regulations relating to: planting strip between street and parking and abutting a street; screening of loading areas; minimum 3 metre front yard; screening of outdoor storage and assembly areas. Exception was updated to reflect the change in zoning within the Red Hill Business Park to M3 Zone and to permit the use (as it is not permitted as of right within the M3


Steve Bacic 30 Sunnyhurst Ave. M2M2, Sp. Ex. 367 1200

Requested permission to construct an accessory garage on the property.

Staff are recommending Sp. Ex. 367 that would permit the construction of an accessory garage on the property, subject to regulations.


Victor Labreche for Tim Horton's Various

Provided comments on how drive-through facilities would be regulated in new Industrial Zones.

General Provisions section of the By-law was amended to include minimum stacking spaces for drive-through facilities. These are the same minimum requirements as what currently exist within the City's Site Plan Guidelines.

Lee Pinelli RE: Hitch Factory and Ernie Monkley 81 Dartnall Road M2

M3, Sp. Ex. 393 1500

Provided comments on the current operations on the property and existing site specific permissions

Special Exception 393 was developed in order to permit the existing the existing Dwelling Unit(s) and a Snow Removal Service (recognition of current uses on the property). Sp. Ex. Was updated to reflect the change in zoning within the Red Hill Business Park to M3 (now permits a Motor Vehicle Service Station, therefore, removed from Sp.Ex. wording).

Sp. Ex. 393 was revised for zone and uses






Valentine Tiefenbach 45 Nebo Road M2

M3, Sp. Ex. 365

1450, 1451

Wanted to discuss the existing uses on the property and how they would be accommodated through the new Industrial Zones

Special Exception 365 was developed for the property in order to permit a Pet Food Store and an Accounting Office, both of which are currently operating on the property and are permitted under the existing zoning. Sp. Ex. subsequently amended to reflect change in zoning for the Red Hill Business which permits Office, therefore only need to recognize the pet food store.


Vince Ferraiuolo 32 Parkside Drive M3 n/a 548

Wanted to discuss how his existing lot would be accommodated through the new Industrial Zones.

In response to this, a new subsection in General Provisions (Vacuum Clause) was added in order to legalize all existing lots and buildings or structures located thereon. This will permit development on a lot that does not meet the new minimum lot size or in a building that does not meet the new setbacks.

General Provisions amended to include Vacuum Clause






217-223 Lottridge Street, 103 Clinton Street

M6, Sp. Ex. 354

M6, Sp. Ex. 350 956

Change made to reflect the building having been constructed.

Sp. Ex. Changed to 350

899 Nebo Road, 900 Nebo Road M2

M3, Sp. Ex. 354

1634, 1676, 1677

Change made to reflect change in zoning within the Red Hill Business Park to Prestige Business Park (M3) Zone which does not permit Waste Processing or Waste Transfer Facilities as of right. Recognition of existing waste facilities.

Sp. Ex. 354 added to properties

95 Frid Street (M1 Zone), 1330 Sandhill Drive (M3 Zone), 30 Harlowe Road (M2 Zone - changed to M3 Zone), 456 Grays Road (M2 Zone)

M1, M2, M3 Zones Sp. Ex. 363

950, 1096, 1482, 1501

Sp. Ex. Added to recognize the existing Gymnastics Studio on each property

Sp. Ex. 363 added to properties

VariousM2, Sp. Ex. 372 M3

1450, 1451, 1499, 1500

Sp. Ex. Deleted following the change in zoning to the Red Hill Business Park (East Mountain portion) to M3 which permits Motor Vehicle Service Station as of right.

Sp. Ex. Deleted from properties as new zone allows use

863 Nebo Road M2M3, Sp. Ex. 372

1591, 1635

Change made to reflect the change in zoning within the Red Hill Business Park to Prestige Business Park (M3) Zone and to recognize specific variances associated with a new development (relief from parking, loading and maximum setback regulations)

Sp. Ex. 372 added to the property

Additional Changes Made






Ancaster Business Park - portion of Garner Road frontage M3

M3, Sp. Ex. 376

1434, 1483

Sp. Ex. Added to require higher urban design standards along Garner Road (exterior of the park) and reduced regulations on the interior road (for through lots)

Sp. Ex. 376 added to the properties within the boundaries of the exception

1034 Garner Road West M3

M3, Sp. Ex. 381

1434, 1483

Sp. Ex. Added to recognize the existing uses on the property: Restaurant and existing Dwelling unit (for which there was also a site specific applied under the former Town of Ancaster Zoning By-law) (Shaver House)


Arun Anand650 South Service Road M3

M3, Sp. Ex. 399

1149, 1200

Expressed interest in developing the property for a restaurant and a bank, in order to serve the needs of the businesses and employees on the site and the business park.

Based on the existing zoning, which limits the range of uses to 3 specific car-related uses (MBP-1 Zone), and the proximity of the site to commercially designated and zoned lands at the corner of Fruitland Road and Barton Street, staff are recommending that a Restaurant and a Financial Establishment be permitted, restricted to the ground floor of a multi-storey building in order to encourage the development of a prestige use on the site, and not to have it develop as only restaurants and banks that serve the needs of the travelling public over the business park. As well, no formal development plan was submitted for staff to review in relation to request.


1090 Upper Wellington Street

M6, Sp. Ex. 406 M6 1238

Sp. Ex. Removed as the use, Motor Vehicle Collision Establishment was added to the Light Industrial (M6) Zone

Sp. Ex. 406 Removed from property






669 Nebo Road M2M3, Sp. Ex. 406 1591

Sp. Ex. Added to the property to permit existing manufacturing operation (involving the primary production of asphalt or cement) which is not permitted in the M3 Zone. Zone was changed from M2 to M3 to reflect the change in zoning within the Red Hill Business Park.


50 Dartnall RoadM2, Sp. Ex. 408

M3, Sp. Ex. 408 1500

Sp. Ex. Amended to reflect what was permitted through the existing Site Specific zoning. Zone change was made ot reflect the Red Hill Business Park being zoned Prestige Business Park (M3) zone.

Sp. Ex. 408 amended

63 Ditton DriveM2, Sp. Ex. 409 M3 1500

Sp. Ex. Removed as the new zoning allows two principal buildings on a property and the new parking requirements are lower than those established through the existing site specific permissions

Sp. Ex. 409 removed from property

560 Seaman Street, 565 Seaman Street M2, M3

M2, Sp. Ex. 410; M3, Sp. Ex. 410 1148

Sp. Ex. Added to the properties to permit Commercial Recreation as a use on each site. At 565 Seaman Street, a new soccer dome has been constructed, and this reflects the current use of the property.

Sp. Ex. 410 added to the properties

Elaine Vyn and Mark Demik

Various properties in Red Hill Business Park (formerly North Glanbrook) M3

M3, Sp. Ex. 425

1636, 1637

Met to discuss the existing planning permissions granted to the property through a site specific zoning - permitted accessory residential to a permitted industrial use.

Sp. Ex. 425 added to properties to permit accessory residential to another permitted industrial use. For some of the properties, this is recognizing the existing dwelling units on the property. Sp. Ex. Also establishes smaller min. lot size and new regulations for new development.

Sp. Ex. 425 added to the properties.

Patricia MacPherson

858 Nebo Road in Red Hill Business Park M3

M3, Sp. Ex. 416 1634

Requested that the existing truck towing company be legalized through the new Industrial Zones.

Based on a review of the existing zoning, a zoning verification and the existing use, staff are recommending that Sp. Ex. 416 be applied to the property in order to recognize the existing use.

Sp. Ex. 416 added to the property.

Bob Graham for Steeltown Academy

440 Victoria Avenue North M6 M6

870, 871

Proposing large-scale commercial recreation development on site, including indoor and outdoor athletic fields, running tracks, dormatory facilities, stadium, ice rinks and other ancillary facilities (i.e. restaurant)

Proponent has not established the use on the property, therefore no change is recommended to proposed zoning. Land is currently designated as Employment Area, and this would be considered a conversion under Places to Grow Growth Plan. n/a

Documents

CITY OF HAMILTON · Industrial Land Zones (M5 and M6 Zones). The Business Park Zones are applied to the City’s existing Business Parks. In general, the General Business Park (M2)