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CITY OF HAMILTON
ZONING BY-LAW
SECTION 12: RURAL ZONES
12.1-1
May 12, 2021
12.1 AGRICULTURE (A1) 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 Agriculture (A1) 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:
12.1.1
PERMITTED USES
Agriculture
Community Garden (By-law No. 21-189,
October 13, 2021)
Residential Care Facility
Secondary Uses to Agriculture
Single Detached Dwelling
Veterinary Service - Farm Animal
12.1.2
PROHIBITED USES
The following uses are prohibited:
a)
For lands located within Vulnerable
Area 1 as delineated in Figures 5.0,
5.1, 5.2 and 5.3 of Schedule "F"-
Special Figures:
i)
Waste Disposal sites under
Part V of Environmental
Protection Act that include
the following activities:
1) storage, treatment and
discharge
of
mine
tailings;
2) land farming of petroleum
refining waste;
3) storage of polychlorinated
biphenyl (PCB) waste;
4) application of untreated
septage to land;
5) injection of liquid waste
into a well;
6) storage
of
hazardous
waste.
ii)
hazardous
waste
management facility;
iii)
waste management facility;
CITY OF HAMILTON
ZONING BY-LAW
SECTION 12: RURAL ZONES
12.1-2
May 12, 2021
b)
c)
d)
iv)
Salt Storage Facility that can
accommodate 5,000 tonnes
and greater;
v)
snow storage facility greater
than 1 ha in size;
vi)
Motor
Vehicle
Service
Station;
vii)
motor vehicle collision repair
establishment.
For lands located within Vulnerable
Area 2, as delineated in Figures
5.0, 5.1, 5.2 and 5.3 of Schedule
"F"- Special Figures:
(By-law No. 24-137, July 12, 2024)
i)
Waste Disposal sites under
Part
V
of
Environmental
Protection Act that include
the injection of liquid waste
into a well;
ii)
waste disposal facility.
For lands located within Vulnerable
Area 3 as delineated on Figure 5.0
of Schedule "F"-Special Figures:
i)
Waste Disposal sites under
Part V of Environmental
Protection Act that include
the application of untreated
septage to land.
Notwithstanding Section 12.1.1 and
the definition of Agriculture, for
lands located within Lower Stoney
Creek as delineated on Figure 6.0
of Schedule "F" - Special Figures:
i)
Cannabis
Growing
and
Harvesting Facility;
(By-law No. 21-189, October 13, 2021)
CITY OF HAMILTON
ZONING BY-LAW
SECTION 12: RURAL ZONES
12.1-3
May 12, 2021
ii)
aquaponics facility.
12.1.3
REGULATIONS
12.1.3.1
AGRICULTURE AND
VETERINARY SERVICE
- FARM ANIMAL
REGULATIONS
a) Minimum Lot Area
i)
40.4 hectares;
ii)
Notwithstanding i) above, for the
lots delineated on Figure "7.0" -
Specialty Crop of Schedule "F" -
Special Figures, the minimum Lot
Area shall be 16.2 hectares.
b) Minimum Front Yard
15.0 metres
c) Minimum Side Yard
15.0 metres
d) Minimum Rear Yard
15.0 metres
e) Maximum Lot Coverage
i)
20%;
ii)
Notwithstanding
i)
above,
the
maximum
lot
coverage
for
greenhouse operations shall be
70%.
f) Outdoor Storage
i)
Shall not be permitted in any
minimum Front Yard or minimum
Flankage Yard;
ii)
Shall be located a minimum of 10
metres from any lot line, and
screened by a visual barrier in
accordance with Section 4.19 of this
By-law;
iii)
Sections i) and ii) above do not
apply to the storage or parking of
Agricultural vehicles or equipment.
g) Accessory Buildings
In accordance with the requirements of
CITY OF HAMILTON
ZONING BY-LAW
SECTION 12: RURAL ZONES
12.1-4
May 12, 2021
Sections 4.8 of this By-law.
(By-law No. 21-070, May 12, 2021)
h) Parking
In accordance with the requirements of
Section 5 of this By-law.
i) Small Scale Retailing of
Agricultural Products
i)
The total maximum gross floor area
of
all
buildings
and
structures
devoted to retailing of agricultural
products grown primarily as part of
the farm operation, exclusive of a
Farm Produce/Product Stand, shall
be 200.0 square metres;
ii)
iii)
iv)
Shall not be permitted within a
Dwelling
or
a
Farm
Labour
Residence;
In addition to Section 12.1.3.1 i) i),
the total maximum gross floor area
of a Farm Produce/Product Stand
shall be 18.5 square metres;
Notwithstanding Sections 12.1.3.1
b), c) and d) and Section 4.8.2 a), a
Farm Produce/Product Stand shall
be permitted in any yard.
(By-law 19-062, March 27, 2019)
j) Farm Labour Residence
A
Farm
Labour
Residence,
accessory to Agriculture, may be
permitted in accordance with the
following:
1. Shall
have
a
maximum
building height of 10.5 metres.
2. All Farm Labour Residences
shall
have
an
aggregate
maximum lot coverage of 420
square metres.
3. Individual
Farm
Labour
Residence units shall have a
maximum gross floor area of
200 square metres.
4. All Farm Labour Residences
CITY OF HAMILTON
ZONING BY-LAW
SECTION 12: RURAL ZONES
12.1-5
May 12, 2021
shall be separated from the
principal Farm Dwelling by a
minimum of 30 metres.
5. All Farm Labour Residences
shall be a separated by a
minimum of 10 metres.
6. In addition to Section 5 of this
By-law,
a
minimum
of
1
parking
space
per
Farm
Labour Residence shall be
required in the absence of a
principal farm dwelling on the
same lot.
(By-law No. 24-039, March 27, 2024)
k) Mushroom Operations
i)
Notwithstanding Sections 12.1.3.1
b), c), and d) above, any buildings
or structures used for a Mushroom
Operation shall be set back a
minimum of 30.0 metres from any
lot line;
ii)
No stockpiles of waste, manure,
fertilizers or compost shall be
permitted within 30.0 metres of any
lot line.
l) Nursery
i)
Retailing of horticultural products and
bulk material shall be in accordance
with Section 12.1.3.1 i);
ii) The outdoor storage of unenclosed
piles of bulk product for retail
purposes
shall
not
exceed
an
aggregate area of 100.0 square
metres.
m) Cannabis Growing and
Harvesting Facility
i)
The maximum gross floor area for
all new buildings and structures
devoted to a Cannabis Growing and
Harvesting Facility shall not exceed
2,000.0 square metres;
CITY OF HAMILTON
ZONING BY-LAW
SECTION 12: RURAL ZONES
12.1-6
May 12, 2021
ii)
Notwithstanding Section 12.1.3.1
m) i) above, existing buildings may
be used for a Cannabis Growing
and Harvesting Facility;
iii)
The
testing,
packaging,
and
shipping shall be accessory to the
Cannabis Growing and Harvesting
Facility;
iv)
Notwithstanding Section 4.12 d),
any building, structure used for a
cannabis growing and harvesting
facility shall be setback a minimum
of 150 metres from:
1.
Any portion of a lot line
abutting
Residential,
Institutional, Commercial and
Mixed Use Zones, Settlement
Residential (S1), Settlement
Commercial
(S2),
or
Settlement Institutional (S3)
Zone; or,
2.
Any residential dwelling unit
existing on the date of passing
of the by-law, any building
used
for
farm
labour
residence,
mobile
home,
educational
establishment,
residential care facility, place
of worship, day care or park;
v)
Notwithstanding Sections 12.1.3.1
b), c) and d) above, all buildings or
structures associated with the use
shall be set back a minimum of 30.0
metres from any lot line;
vi)
Notwithstanding Sections 12.1.3.1 f)
i), ii) and iii) above, outdoor storage
shall not be permitted;
CITY OF HAMILTON
ZONING BY-LAW
SECTION 12: RURAL ZONES
12.1-7
May 12, 2021
vii)
Notwithstanding Sections 12.1.3.1 i)
i), ii), iii) and iv) above, retail sales
shall not be permitted.
(By-law No. 15-173, July 10, 2015)
(By-law No. 18-266, September 12, 2018)
12.1.3.2
SECONDARY USES TO
AGRICULTURE -
ADDITIONAL
REGULATIONS
In addition to Section 12.1.3.1 above, the
following
additional
regulations
shall
apply to Secondary Uses to Agriculture:
a) Uses Permitted as
Secondary to Agriculture
Agricultural Processing Establishment -
Secondary
Agricultural Research Operation
Agritourism
Home Industry
Kennel
Agricultural Alcohol Production Facility
(By-law No. 22-084, April 13, 2022)
Landscape Contracting Establishment
Secondary
b)
c)
Minimum Lot Area
Limitation on Uses
Notwithstanding Sections 12.1.3.1
a) and 4.12 d), Secondary Uses to
Agriculture shall only be permitted
on a lot with a minimum lot area of
5.0 hectares.
Notwithstanding Section 12.1.3.2
a), only one Home Industry or one
Landscape
Contracting
Establishment - Secondary shall be
permitted per lot.
d) Agricultural Processing
Establishment -
Secondary
i)
The total maximum gross floor area
for all buildings and structures
devoted
to
an
Agricultural
Processing Establishment -
Secondary shall not exceed 500.0
square metres;
ii)
Notwithstanding Sections 12.1.3.1
b), c) and d), all buildings or
structures
associated
with
an
Agricultural
Processing
Establishment - Secondary shall be
set back a minimum of 30.0 metres
from any lot line;
CITY OF HAMILTON
ZONING BY-LAW
SECTION 12: RURAL ZONES
12.1-8
May 12, 2021
iii)
Outdoor storage of goods, materials
or equipment shall be permitted in
accordance with Section 12.1.3.1 f),
and shall not exceed an aggregate
area of 100.0 square metres.
(By-law 19-062, March 27, 2019)
e) Agritourism
The total maximum gross floor area of all
buildings or structures devoted to the
Agritourism use shall not exceed 500.0
square metres.
(By-law 19-062, March 27, 2019)
f) Home Industry
i)
All buildings or structures used as
part of the Home Industry shall be
set back a minimum of 15.0 metres
from any lot line, and shall occupy
no more than 250.0 square metres
of gross floor area;
ii)
Shall be operated by a resident of
the property, with no more than 3
non-resident employees;
iii)
Outdoor storage of goods, materials
or equipment shall be permitted in
accordance with Section 12.1.3.1 f),
and shall not exceed an aggregate
area of 100.0 square metres;
iv)
In addition to Section 5.3 b) a
maximum of three Motor Vehicles
associated with the Home Industry
may
be
parked
unenclosed.
Additional
Motor
Vehicles
associated with the use, including
all Motor Vehicles - Commercial,
must be parked in an enclosed
building. This regulation does not
apply to the storage or parking of
Agricultural
vehicles
and
equipment.
CITY OF HAMILTON
ZONING BY-LAW
SECTION 12: RURAL ZONES
12.1-9
May 12, 2021
g) Kennel
i)
The total maximum gross floor area
for all buildings and structures
devoted to a Kennel use shall be
500.0 square metres;
(By-law 19-062, March 27, 2019)
ii)
Notwithstanding Sections 12.1.3.1
b), c) and d), all buildings or
structures associated with a Kennel
shall be set back a minimum of 60.0
metres from any lot line;
iii)
No domestic animals shall be
permitted to be kept in any open
area within 60.0 metres of any lot
line.
h) Agricultural Alcohol
Production Facility
i)
Notwithstanding Sections 12.1.3.1
a), 12.1.3.2 b), and 4.12 d), an
Agricultural
Alcohol
Production
Facility shall only be permitted on a
lot with a minimum area of 4.0
hectares, of which a minimum of 2.0
hectares shall be used for the
growing of grapes, fruits, hops or
other produce directly associated
with on-site beer, cider, wine or
spirit production;
(By-law No. 22-084, April 13, 2022)
ii)
The total maximum building area
devoted to an Agricultural Alcohol
Production Facility use shall be
500.0 square metres of gross floor
area exclusive of the basement or
cellar, of which a maximum of 25%
of the gross floor area may be used
for Retail and/or hospitality/tasting
purposes.
(By-law 19-062, March 27, 2019)
(By-law No. 22-084, April 13, 2022)
CITY OF HAMILTON
ZONING BY-LAW
SECTION 12: RURAL ZONES
12.1-10
May 12, 2021
i) Landscape Contracting
Establishment -
Secondary
i)
Notwithstanding Section 12.1.3.2
a),
a
Landscape
Contracting
Establishment - Secondary shall
only
be
permitted
as
a
use
Secondary to a Nursery;
ii)
In addition to Section 12.1.3.2 b):
1. On lots with a lot area of 7.0
hectares
or
greater,
a
minimum of 65 percent of the
lot area zoned Agriculture
(A1),
Rural
(A2)
and/or
Conservation/Hazard Land -
Rural (P6) shall be used for
the
growing
of
plants,
shrubs,
trees
or
similar
vegetation as part of the
Nursery operation, and may
include the growing of other
Agricultural products. In no
case shall the portion of the
lot zoned Agriculture (A1),
Rural
(A2)
and/or
Conservation/Hazard Land -
Rural (P6) which is used for
the
growing
of
plants,
shrubs,
trees
or
similar
vegetation as part of the
Nursery operation be less
than 3.0 hectares in area.
2. On lots with a lot area less
than
7.0
hectares,
a
minimum of 50 percent of the
lot area zoned Agriculture
(A1),
Rural
(A2)
and/or
Conservation/Hazard Land -
Rural (P6) shall be used for
the
growing
of
plants,
shrubs,
trees
or
similar
vegetation as part of the
Nursery operation.
In no
case shall the portion of the
lot zoned Agriculture (A1),
CITY OF HAMILTON
ZONING BY-LAW
SECTION 12: RURAL ZONES
12.1-11
May 12, 2021
Rural
(A2)
and/or
Conservation/Hazard Land -
Rural (P6) which is used for
the
growing
of
plants,
shrubs,
trees
or
similar
vegetation as part of the
Nursery operation be less
than 3.0 hectares in area.
iii)
All buildings or structures used as
part of the Landscape Contracting
Establishment - Secondary shall be
set back a minimum of 15.0 metres
from any lot line, and the total
gross floor area of all buildings or
structures used as part of the
Landscape
Contracting
Establishment - Secondary shall
not exceed a total maximum gross
floor area of 250.0 square metres;
(By-law 19-062, March 27, 2019)
iv)
Notwithstanding Section 12.1.3.1 f),
outdoor storage of goods, materials
or equipment shall not exceed an
aggregate area of 100.0 square
metres, and shall be set back a
minimum of 30.0 metres from any
lot line and screened by a visual
barrier in accordance with Section
4.19 of this By-law;
v)
In addition to Section 5.3 b) a
maximum of three Motor Vehicles
associated
with
the
Landscape
Contracting
Establishment
-
Secondary
may
be
parked
unenclosed.
Additional
Motor
Vehicles associated with the use,
including all Motor Vehicles -
Commercial, must be parked in an
enclosed building. This regulation
does not apply to the storage or
parking of Agricultural vehicles or
equipment or parking of employee
Motor Vehicles.
CITY OF HAMILTON
ZONING BY-LAW
SECTION 12: RURAL ZONES
12.1-12
May 12, 2021
vi)
Notwithstanding
v)
above
all
unenclosed
parking
areas
associated
with the
Landscape
Contracting
Establishment
-
Secondary use shall be screened
by a visual barrier in accordance
with Section 4.19 of this by-law.
(By-law No. 15-173, July 10, 2015, As amended
by OMB Decision PL151130 dated March 13,
2017)
12.1.3.3
SINGLE DETACHED
DWELLING AND
RESIDENTIAL CARE
FACILITY
REGULATIONS
a) Minimum Lot Area
0.4 hectares
b) Minimum Lot Width
30.0 metres
c) Maximum Building Height
10.5 metres
d) Minimum Front Yard
10.0 metres
e) Minimum Side Yard
3.0 metres
f) Minimum Rear Yard
10.0 metres
g) Maximum Capacity for
Residential Care Facility
Shall not exceed 10 residents.
h) Home Business
Regulations
In accordance with the requirements of
Section 4.21 of this By-law.
i) Accessory Buildings
In accordance with the requirements of
Sections 4.8 of this By-law.
(By-law No. 21-070, May 12, 2021)
j) Parking
In accordance with the requirements of
Section 5 of this By-law.
12.1.3.4 ADDITIONAL
DWELLING
UNIT AND ADDITIONAL
DWELLING UNIT -
In accordance with the requirements of
Section 4.33. of this By-law.
(By-law No. 21-071, May 12, 2021)
(By-law No. 22-132, June 08, 2022)
(By-law No. 24-039, March 27, 2024)
CITY OF HAMILTON
ZONING BY-LAW
SECTION 12: RURAL ZONES
12.1-13
May 12, 2021
DETACHED
REGULATIONS
12.1.3.5 COMMUNITY GARDEN
In accordance with the requirements of
Section 4.27 of this By-law
(By-law No. 21-189, October 13, 2021)
(By-law No. 15-173, July 10, 2015)
(By-law No. 18-219, August 17, 2018)
(By-law No. 18-266, September 12, 2018)
(By-law 19-062, March 27, 2019)